Cardinal Contractors Inc v. CDM Constructors Inc et al

Federal Civil Lawsuit Texas Northern District Court, Case No. 3:17-cv-02623
District Judge Sam R Cummings, presiding
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District Judge Sam R Cummings
Last Updated July 29, 2025 at 6:41 PM EDT (11.8 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Cardinal Contractors, Inc., Plaintiff

Represented by Bateman Pugh, PLLC

Name Phone Fax E-Mail
Space Adam Brett Chambers +1 713 609 7700 +1 713 609 7777 achambers@sheehyware.com

Represented by Bustos Law Firm PC

Name Phone Fax E-Mail
Space Fernando Manuel Bustos +1 806 780 3976 +1 806 780 3800 fbustos@bustoslawfirm.com

Represented by Gibson Dunn & Crutcher, LLP

Name Phone Fax E-Mail
Space Allyson N Ho +1 214 466 4180 +1 214 466 4001 aho@gibsondunn.com
Space Bradley G Hubbard +1 214 698 3100 +1 214 571 2900 bhubbard@gibsondunn.com

Represented by Gurley & Associates

Name Phone Fax E-Mail
Space Clayton C Cannon ccannon@gurleyassociates.com

Represented by Norton, Hammersley, Lopez & Skokos, PA

Name Phone Fax E-Mail
Space Joseph M. Herbert jherbert@nhlslaw.com
No Logo Cdm Constructors Inc., Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Gregory P. Sapire +1 512 431 9518 +1 315 410 3636 gsapire@clevelandterrazas.com
Space Carlos R. Soltero +1 512 422 1559 +1 512 505 6333 csoltero@clevelandterrazas.com
Space Jamie Richards Whitney
No Logo Fidelity and Deposit Company of Maryland Inc, Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Gregory P. Sapire +1 512 431 9518 +1 315 410 3636 gsapire@clevelandterrazas.com
Space Carlos R. Soltero +1 512 422 1559 +1 512 505 6333 csoltero@clevelandterrazas.com
v.
No Logo Cdm Constructors Inc., Defendant

Represented by Cleveland Terrazas PLLC

Name Phone Fax E-Mail
Space Carlos R. Soltero +1 512 422 1559 +1 512 505 6333 csoltero@clevelandterrazas.com
Space Jamie Richards Whitney

Represented by K&L Gates LLP

Name Phone Fax E-Mail
Space Jonathan R Dotson +1 512 482 6889 +1 512 482 6859 jon.dotson@klgates.com

Represented by SEARS, SWEENEY & MARCICKIEWICZ

Name Phone Fax E-Mail
Space Matthew Murrell matthew@ssmlawyers.com
Space Gregory P. Sapire +1 512 431 9518 +1 315 410 3636 gsapire@clevelandterrazas.com
No Logo Fidelity and Deposit Company of Maryland Inc, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space John Matthew Murrell
Space Gregory P. Sapire +1 512 431 9518 +1 315 410 3636 gsapire@clevelandterrazas.com
Space Carlos R. Soltero +1 512 422 1559 +1 512 505 6333 csoltero@clevelandterrazas.com
No Logo Cardinal Contractors, Inc., Counter-Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Adam Brett Chambers +1 713 609 7700 +1 713 609 7777 achambers@sheehyware.com

Represented by Gibson Dunn & Crutcher, LLP

Name Phone Fax E-Mail
Space Bradley G Hubbard +1 214 698 3100 +1 214 571 2900 bhubbard@gibsondunn.com

Represented by Gurley & Associates

Name Phone Fax E-Mail
Space Clayton C Cannon ccannon@gurleyassociates.com

Represented by Norton, Hammersley, Lopez & Skokos, PA

Name Phone Fax E-Mail
Space Joseph M. Herbert jherbert@nhlslaw.com
Other Parties
No Logo Cdm Constructors Inc., Third party plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Gregory P. Sapire +1 512 431 9518 +1 315 410 3636 gsapire@clevelandterrazas.com
Space Carlos R. Soltero +1 512 422 1559 +1 512 505 6333 csoltero@clevelandterrazas.com
Space Jamie Richards Whitney
No Logo Fidelity and Deposit Company of Maryland Inc, Third party plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Gregory P. Sapire +1 512 431 9518 +1 315 410 3636 gsapire@clevelandterrazas.com
Space Carlos R. Soltero +1 512 422 1559 +1 512 505 6333 csoltero@clevelandterrazas.com
No Logo Continental Casualty Company, Third party defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Adam Brett Chambers +1 713 609 7700 +1 713 609 7777 achambers@sheehyware.com

Represented by Gurley & Associates

Name Phone Fax E-Mail
Space Clayton C Cannon ccannon@gurleyassociates.com

Represented by Norton, Hammersley, Lopez & Skokos, PA

Name Phone Fax E-Mail
Space Joseph M. Herbert jherbert@nhlslaw.com
No Logo Federal Insurance Company, Third party defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Adam Brett Chambers +1 713 609 7700 +1 713 609 7777 achambers@sheehyware.com

Represented by Gurley & Associates

Name Phone Fax E-Mail
Space Clayton C Cannon ccannon@gurleyassociates.com

Represented by Norton, Hammersley, Lopez & Skokos, PA

Name Phone Fax E-Mail
Space Joseph M. Herbert jherbert@nhlslaw.com
Attributes
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1330 Breach of Contract
Jurisdiction Diversity
Case Status closed
Jury Demand Plaintiff
Timeline
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Legal Document (Payment Possibly Required) 180 Filed: 3/30/2021, Entered: 3/30/2021 Court Filing
JUDGMENT: IT IS ORDERED that the above-styled and -numbered civil action be DISMISSED with prejudice. (Ordered by Senior Judge Sam R Cummings on 3/30/2021) (jmg)
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Legal Document (Payment Possibly Required) 179 Filed: 3/30/2021, Entered: 3/30/2021 Court Filing
ORDER: IT IT ORDERED that all claims asserted in the above-styled and -numbered civil action are hereby DISMISSED WITH PREJUDICE with costs taxed against the party incurring the same. (Ordered by Senior Judge Sam R Cummings on 3/30/2021) (jmg)
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Legal Document (Payment Possibly Required) 178 Filed: 3/29/2021, Entered: 3/29/2021
Joint STIPULATION OF DISMISSAL by CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc. (Attachments: # 1 Proposed Order) (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 177 Filed: 3/1/2021, Entered: 3/1/2021 Court Filing
Order Administratively Closing Case. The Parties have indicated to the Court that they have settled this civil action. Counsel in this case are ORDERED to file appropriate dismissal papers on or before 60 days from the date of this Order. The Court's trial setting of 5/3/2021, is VACATED. (Ordered by Senior Judge Sam R Cummings on 3/1/2021) (hml)
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Legal Document (Payment Possibly Required) 176 Filed: 1/11/2021, Entered: 1/11/2021 Court Filing
ORDER: The Court hereby ORDERS that this civil action be reset for trial at 9:00 a.m. on 5/3/2021, in the Earle Cabell Federal Building, 1100 Commerce Street, Dallas, Texas. (Ordered by Senior Judge Sam R Cummings on 1/11/2021) (jmg)
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Legal Document (Payment Possibly Required) 175 Filed: 8/31/2020, Entered: 8/31/2020 Court Filing
ORDER:The parties are advised that the trial setting in the above-styled and -numbered civil action shall remain stayed until 1/4/2021, at which point the status of the case will be reassessed and notice will be provided by the Court of a new trial setting. (Ordered by Senior Judge Sam R Cummings on 8/31/2020) (ykp)
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Legal Document (Payment Possibly Required) 174 Filed: 6/8/2020, Entered: 6/8/2020 Court Filing
ORDER: The Court hereby ORDERS that the trial setting of 7/27/2020, in the above-styled and -numbered civil action be VACATED and this proceedings be STAYED pending further Order of the Court. (Ordered by Senior Judge Sam R Cummings on 6/8/2020) (axm)
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Legal Document (Payment Possibly Required) 172 Filed: 3/23/2020, Entered: 3/23/2020 Court Filing
ORDER: The Court, having considered Defendants' Advisory of Schedule Conflict with 8/17/2020 Trial Setting and Request for Alternative Trial Setting, filed 3/17/2020, is of the opinion that the same should be GRANTED. Accordingly, the Court's trial setting of 8/17/2020, is hereby VACATED and this matter is reset for trial at 8:30 a.m. on 7/27/2020 before Senior Judge Sam R Cummings, in the Earle Cabell Federal Building, 1100 Commerce Street, Dallas, Texas. (Ordered by Senior Judge Sam R Cummings on 3/23/2020) (rekc) Modified on 3/24/2020 to correct docket text and reflect new trial setting of 7/27/2020 (ctf).
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Legal Document (Payment Possibly Required) 171 Filed: 3/17/2020, Entered: 3/17/2020
MOTION Alternate Trial Setting re 170 Order Setting Deadline/Hearing filed by CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D) (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 170 Filed: 3/16/2020, Entered: 3/16/2020 Court Filing
***VACATED PER ORDER (DOC. 172 )***ORDER: Trial reset for 8/17/2020 at 08:30 AM before Senior Judge Sam R Cummings, in the Earle Cabell Federal Building, 1100 Commerce Street, Dallas, Texas. (Ordered by Senior Judge Sam R Cummings on 3/16/2020) (mla) Modified on 3/24/2020 (ctf).
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Legal Document (Payment Possibly Required) 169 Filed: 3/13/2020, Entered: 3/13/2020
Exhibit List (Amended) by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 168 Filed: 3/13/2020, Entered: 3/13/2020
Proposed Findings of Fact by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 167 Filed: 3/13/2020, Entered: 3/13/2020
NOTICE of Attorney Appearance by Joseph M. Herbert on behalf of Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company. (Filer confirms contact info in ECF is current.) (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 166 Filed: 3/12/2020, Entered: 3/12/2020
AFFIDAVIT of Service for Trial Subpoena served on Gary Calmes on 03/10/2020. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 165 Filed: 3/12/2020, Entered: 3/12/2020
AFFIDAVIT of Service for Trial Subpoena served on Tom Snyder on 3/10/2020. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 164 Filed: 3/12/2020, Entered: 3/12/2020
AFFIDAVIT of Service for Trial Subpoena served on Kelly Roeschke on 03/11/2020. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 173 Filed: 3/11/2020, Entered: 3/23/2020
***PLEASE DISREGARD, FILED IN ERROR***Unopposed MOTION For Trial Continuance filed by Cardinal Contractors Inc. (oyh) Modified on 3/24/2020 (ctf).
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Legal Document (Payment Possibly Required) 163 Filed: 3/11/2020, Entered: 3/11/2020 Court Filing
ORDER: The Court hereby ORDERS that Plaintiffs Unopposed Motion for Trial Continuance, filed March 11, 2020, is of the opinion that the same should be GRANTED. Accordingly, the Court's trial setting of March 16, 2020, is hereby VACATED. This matter shall be reset for trial in due course. (Ordered by Senior Judge Sam R Cummings on 3/11/2020) (ndt)
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Legal Document (Payment Possibly Required) 162 Filed: 3/11/2020, Entered: 3/11/2020
MOTION to Continue for Trial filed by Cardinal Contractors Inc. (ndt)
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Legal Document (Payment Possibly Required) 161 Filed: 3/11/2020, Entered: 3/11/2020
AFFIDAVIT of Service for Trial Subpoena served on CDM Constructors, Inc. on 03/02/2020. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 160 Filed: 3/6/2020, Entered: 3/6/2020
Proof of Service for Trial Subpoena served on Upper Trinity Regional Water District, Corporate Representative on 03/03/2020. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 159 Filed: 3/6/2020, Entered: 3/6/2020
Proof of Service for Trial Subpoena served on Adam McKnight on 03/03/2020. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 158 Filed: 3/6/2020, Entered: 3/6/2020
Proof of Service for Trial Subpoena served on Jody Zabollo on 03/03/2020. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 157 Filed: 3/6/2020, Entered: 3/6/2020
Proof of Service for Trial Subpoena served on Wiss, Janney, Elstner & Associates, Corporate Representative on 03/02/2020. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 156 Filed: 3/6/2020, Entered: 3/6/2020
Proof of Service for Trial Subpoena served on Douglas L. Smith on 03/02/2020. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 155 Filed: 2/28/2020, Entered: 2/28/2020
NOTICE of Attorney Appearance by Bradley G Hubbard on behalf of Cardinal Contractors Inc. (Filer confirms contact info in ECF is current.) (Hubbard, Bradley)
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Legal Document (Payment Possibly Required) 154 Filed: 2/28/2020, Entered: 2/28/2020
NOTICE of Attorney Appearance by Allyson N Ho on behalf of Cardinal Contractors Inc. (Filer confirms contact info in ECF is current.) (Ho, Allyson)
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Legal Document (Payment Possibly Required) 153 Filed: 2/25/2020, Entered: 2/25/2020 Court Filing
ORDER: The Court hereby ORDERS that Plaintiff's Objections to Defendants' Proposed Trial Exhibits, be DENIED without prejudice at this time. (Ordered by Senior Judge Sam R Cummings on 2/25/2020) (axm)
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Legal Document (Payment Possibly Required) 152 Filed: 2/24/2020, Entered: 2/24/2020
OBJECTION filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re: 142 Exhibit List (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 151 Filed: 2/24/2020, Entered: 2/24/2020
NOTICE of Intent to Rely on Summaries (Second) filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 150 Filed: 2/24/2020, Entered: 2/24/2020
Exhibit List (Supplemental) by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 149 Filed: 2/18/2020, Entered: 2/18/2020 Court Filing
ORDER: On this date, the Court considered: (1) Plaintiff's Motion for Sanctions Pursuant to Federal Rule of Civil Procedure 37 For Bad Faith Discovery Violations (doc. 92 ), along with Defendant's Response; and (2) Plaintiff's Daubert Motion to Exclude Opinion Testimony of Kelly Roeschke (doc. 90 ), along with Defendant's Response. As to the Motion for Sanctions, the Court finds that it should be DENIED for the reasons argued in Defendant CDM Constructors, Inc.'s Response. Likewise, the Court finds that the Daubert Motion should also be DENIED for the reasons argued in CDM Constructors, Inc.'s respective Response thereto. (Ordered by Senior Judge Sam R Cummings on 2/18/2020) (ctf)
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Legal Document (Payment Possibly Required) 148 Filed: 2/13/2020, Entered: 2/13/2020 Court Filing
ORDER: The Court hereby sua sponte ORDERS that the trial setting in this civil action be reset for 8:30 a.m. on 3/16/2020, in the United States District Courtroom 1306. (Ordered by Senior Judge Sam R Cummings on 2/13/2020) (ndt)
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Legal Document (Payment Possibly Required) 147 Filed: 2/12/2020, Entered: 2/12/2020 Court Filing
JOINT PRETRIAL ORDER. (Ordered by Senior Judge Sam R Cummings on 2/12/2020) (ctf)
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Legal Document (Payment Possibly Required) 146 Filed: 2/10/2020, Entered: 2/10/2020
NOTICE of Intent to Rely on Summaries filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 145 Filed: 2/10/2020, Entered: 2/10/2020
TRIAL BRIEF by CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc. (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 144 Filed: 2/10/2020, Entered: 2/10/2020
Proposed Findings of Fact by CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc. (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 143 Filed: 2/10/2020, Entered: 2/10/2020
Witness List by CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc. (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 142 Filed: 2/10/2020, Entered: 2/10/2020
Exhibit List by CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc. (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 141 Filed: 2/10/2020, Entered: 2/10/2020
Proposed Findings of Fact by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 140 Filed: 2/10/2020, Entered: 2/10/2020
Exhibit List by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 139 Filed: 2/10/2020, Entered: 2/10/2020
Witness List by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 138 Filed: 2/10/2020, Entered: 2/10/2020
Pretrial Disclosures (Pretrial Order) filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 137 Filed: 2/10/2020, Entered: 2/10/2020
NOTICE of Attorney Appearance by Gregory Philip Sapire for Matthew Murrell on behalf of CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc. (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 136 Filed: 2/10/2020, Entered: 2/10/2020 Court Filing
ORDER: The Parties are hereby advised that the undersigned Senior United States District Judge will not require opening statements or closing arguments in the upcoming bench trial. (Ordered by Senior Judge Sam R Cummings on 2/10/2020) (ctf)
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Legal Document (Payment Possibly Required) 135 Filed: 2/7/2020, Entered: 2/7/2020
Joint STATUS REPORT filed by CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc. (Attachments: # 1 Exhibit(s) Letter from Mediator) (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 134 Filed: 2/3/2020, Entered: 2/3/2020 Court Filing
ORDER: Status Report due by 2/7/2020. (Ordered by Senior Judge Sam R Cummings on 2/3/2020) (rekc)
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Legal Document (Payment Possibly Required) 133 Filed: 1/31/2020, Entered: 1/31/2020
NOTICE of Attorney Appearance by Fernando M Bustos on behalf of Cardinal Contractors Inc. (Filer confirms contact info in ECF is current.) (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 132 Filed: 1/31/2020, Entered: 1/31/2020
NOTICE of Change of Law Firm Affiliation and Entry of Appearance filed by CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 131 Filed: 1/21/2020, Entered: 1/21/2020
RESPONSE filed by CDM Constructors Inc re: 128 Response/Objection (Attachments: # 1 Proposed Order) (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 130 Filed: 1/9/2020, Entered: 1/10/2020 Court Filing
ORDER granting in part and denying in part 129 Motion to Strike. It is ORDERED that Defendants' Motion to Strike Jury Demand is GRANTED and that Plaintiff's Notice of Jury Demand [Doc. 127 ] is STRICKEN; and it is ORDERED that Plaintiff's Motion for Placement of Case on Jury Docket [Doc. 127 ] is DENIED. (Ordered by Senior Judge Sam R Cummings on 1/9/2020) (ykp)
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Legal Document (Payment Possibly Required) 129 Filed: 1/6/2020, Entered: 1/6/2020
First MOTION to Strike 127 Jury Demand filed by CDM Constructors Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 128 Filed: 12/30/2019, Entered: 12/30/2019
RESPONSE filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re: 122 First MOTION for Leave to File Second Amended Answer Etc. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 127 Filed: 12/26/2019, Entered: 12/26/2019
***STRICKEN PER 130 ORDER***DEMAND for Trial by Jury by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company. (Herbert, Joseph) Modified on 1/10/2020 (ykp).
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Legal Document (Payment Possibly Required) 126 Filed: 12/11/2019, Entered: 12/11/2019 Court Filing
ORDER denying Plaintiff's 119 Motion for Leave to Serve Update Expert Report of Barry Brower. (Ordered by Senior Judge Sam R Cummings on 12/11/2019) (twd)
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Legal Document (Payment Possibly Required) 125 Filed: 12/10/2019, Entered: 12/10/2019 Court Filing
ORDER denying 118 Motion to Amend/Correct. (Ordered by Senior Judge Sam R Cummings on 12/10/2019) (mla)
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Legal Document (Payment Possibly Required) 124 Filed: 12/10/2019, Entered: 12/10/2019
AMENDED ANSWER to 42 Amended Answer to Complaint, Third Party Complaint, Counterclaim; 38 Amended Complaint filed by Fidelity and Deposit Company of Maryland Inc, CDM Constructors Inc. THIRD PARTY COMPLAINT against Continental Casualty Company, Federal Insurance Company filed by CDM Constructors Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. COUNTERCLAIM against Cardinal Contractors Inc filed by CDM Constructors Inc. (mla)
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Legal Document (Payment Possibly Required) 123 Filed: 12/10/2019, Entered: 12/10/2019 Court Filing
ORDER granting 122 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Senior Judge Sam R Cummings on 12/10/2019) (mla)
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Legal Document (Payment Possibly Required) 122 Filed: 12/9/2019, Entered: 12/9/2019
First MOTION for Leave to File Second Amended Answer Etc. filed by CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Amendment Defs.' 2nd Am. Answer) (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 121 Filed: 12/9/2019, Entered: 12/9/2019
RESPONSE filed by CDM Constructors Inc re: 118 MOTION to Amend/Correct 117 Order on Motion for Summary Judgment. (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 120 Filed: 11/25/2019, Entered: 11/25/2019
RESPONSE filed by CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc re: 119 MOTION for Leave to File (Serve) Updated Expert Report (Attachments: # 1 Proposed Order DENYING MOTION) (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 119 Filed: 11/21/2019, Entered: 11/21/2019
MOTION for Leave to File (Serve) Updated Expert Report filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company with Brief/Memorandum in Support. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 118 Filed: 11/20/2019, Entered: 11/20/2019
MOTION to Amend/Correct 117 Order on Motion for Summary Judgment,,, filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company with Brief/Memorandum in Support. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 117 Filed: 10/23/2019, Entered: 10/24/2019 Court Filing
ORDER denying 86 Plaintiff's Motion for Summary Judgment and granting in part 85 Defendant's Motion for Summary Judgment solely as to the issue of the "Delay Adder" clause and denying in all other respects. The Court ORDERS the parties to mediate their claims within 90 days from the date of this Order. (Ordered by Senior Judge Sam R Cummings on 10/23/2019) (ewd)
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Legal Document (Payment Possibly Required) 116 Filed: 5/29/2019, Entered: 5/29/2019 Court Filing
ORDER granting 115 Motion to Substitute Attorney. The Clerk of the Court is directed to remove Mr Chambers from the list of individuals authorized to receive electronic notices in the above-styled and -numbered civil action. (Ordered by Senior Judge Sam R Cummings on 5/29/2019) (mla)
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Legal Document (Payment Possibly Required) 115 Filed: 5/24/2019, Entered: 5/24/2019
Consent MOTION to Substitute Attorney filed by Federal Insurance Company, Continental Casualty Company, Cardinal Contractors Inc. Added attorney Clayton C Cannon for Federal Insurance Company, Continental Casualty Company, Cardinal Contractors Inc, and Cardinal Contractors Inc. (Attachments: # 1 Proposed Order) (Herbert, Joseph) Motion
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Legal Document (Payment Possibly Required) 114 Filed: 5/7/2019, Entered: 5/7/2019
REPLY filed by CDM Constructors Inc re: 86 MOTION for Summary Judgment (Final). (ndt)
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Legal Document (Payment Possibly Required) 113 Filed: 5/7/2019, Entered: 5/7/2019 Court Filing
ORDER granting 112 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Senior Judge Sam R Cummings on 5/7/2019) (ndt)
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Legal Document (Payment Possibly Required) 112 Filed: 5/6/2019, Entered: 5/6/2019
First MOTION for Leave to File Reply in Support of Motion for Summary Judgment filed by CDM Constructors Inc with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) CCI Reply in Support of Motion for Summary Judgment, # 2 Proposed Order) (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 111 Filed: 5/6/2019, Entered: 5/6/2019
RESPONSE AND OBJECTION filed by CDM Constructors Inc re: 106 Notice (Other) (Attachments: # 1 Proposed Order) (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 110 Filed: 4/29/2019, Entered: 4/29/2019 Court Filing
ORDER granting 108 Motion for Leave to File Plaintiff's Reply Brief in Support. (Ordered by Senior Judge Sam R Cummings on 4/29/2019) (epm)
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Legal Document (Payment Possibly Required) 109 Filed: 4/26/2019, Entered: 4/26/2019
ADDITIONAL ATTACHMENTS to 106 Notice (Other) by Counter Defendant Cardinal Contractors Inc, Plaintiff Cardinal Contractors Inc, Third Party Defendants Continental Casualty Company, Federal Insurance Company. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 108 Filed: 4/26/2019, Entered: 4/26/2019
MOTION for Leave to File Replyin Support of Motion for Final Summary Judgment filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company with Brief/Memorandum in Support. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 107 Filed: 4/25/2019, Entered: 4/25/2019
Appendix in Support filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re 106 Notice (Other) of Request for Judicial Notice (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 106 Filed: 4/25/2019, Entered: 4/25/2019
NOTICE of Request for Judicial Notice filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 105 Filed: 4/25/2019, Entered: 4/25/2019
Appendix in Support filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re 104 Reply in Support of Motion for Final Summary Judgment (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 104 Filed: 4/25/2019, Entered: 4/25/2019
REPLY filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re: 86 MOTION for Summary Judgment (Final) (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 103 Filed: 4/23/2019, Entered: 4/23/2019
RESPONSE filed by CDM Constructors Inc re: 92 MOTION for Sanctions (Attachments: # 1 Brief in Support of Response, # 2 Appendix in Support, # 3 Proposed Order) (Soltero, Carlos)
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Legal Document (Payment Possibly Required) 102 Filed: 4/18/2019, Entered: 4/18/2019
RESPONSE filed by CDM Constructors Inc re: 90 MOTION to Strike (Exclude) Opinion Testimony (Attachments: # 1 Brief in Support of Response, # 2 Proposed Order) (Soltero, Carlos)
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Legal Document (Payment Possibly Required) 101 Filed: 4/12/2019, Entered: 4/12/2019 Court Filing
ORDER: Plaintiffs shall provide the Court with a courtesy copy of Plaintiff's Appendix in Support of Its Response to Defendants' Motion for Summary Judgment [Doc. 99 ], filed 4/11/2019, and all attachments on or before 3:00 p.m. on 4/22/2019. The courtesy copies should be delivered to the Court at the following address: 1205 Texas Avenue, Room C-210, Lubbock, Texas 79401. (Ordered by Senior Judge Sam R Cummings on 4/12/2019) (zkc)
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Legal Document (Payment Possibly Required) 100 Filed: 4/12/2019, Entered: 4/12/2019 Court Filing
ORDER denying 80 Motion for Reconsideration. (Ordered by Senior Judge Sam R Cummings on 4/12/2019) (zkc)
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Legal Document (Payment Possibly Required) 99 Filed: 4/11/2019, Entered: 4/11/2019
Appendix in Support filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re 97 Response/Objection (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 98 Filed: 4/11/2019, Entered: 4/11/2019
Brief/Memorandum in Support filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re 97 Response/Objection (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 97 Filed: 4/11/2019, Entered: 4/11/2019
RESPONSE filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re: 85 MOTION for Summary Judgment (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 96 Filed: 4/11/2019, Entered: 4/11/2019
Appendix in Support filed by CDM Constructors Inc re 95 Response/Objection (Attachments: # 1 Appendix) (Soltero, Carlos)
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Legal Document (Payment Possibly Required) 95 Filed: 4/11/2019, Entered: 4/11/2019
RESPONSE filed by CDM Constructors Inc re: 86 MOTION for Summary Judgment (Final) (Attachments: # 1 Brief, # 2 Proposed Order) (Soltero, Carlos)
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Legal Document (Payment Possibly Required) 94 Filed: 4/2/2019, Entered: 4/2/2019 Court Filing
ORDER: Plaintiff shall provide the Court with a courtesy copy of their Appendix in Support of Its Motion to Exclude Opinion Testimony of Kelly Roeschke 91 , as well as Exhibit #1 93 and all attachments on or before 4/23/2019. (Ordered by Senior Judge Sam R Cummings on 4/2/2019) (epm)
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Legal Document (Payment Possibly Required) 93 Filed: 4/2/2019, Entered: 4/2/2019
Appendix in Support filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re 92 MOTION for Sanctions (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 92 Filed: 4/2/2019, Entered: 4/2/2019
MOTION for Sanctions filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company with Brief/Memorandum in Support. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 91 Filed: 4/2/2019, Entered: 4/2/2019
Appendix in Support filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re 90 MOTION to Strike (Exclude) Opinion Testimony (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 90 Filed: 4/2/2019, Entered: 4/2/2019
MOTION to Strike (Exclude) Opinion Testimony filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company with Brief/Memorandum in Support. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 89 Filed: 3/29/2019, Entered: 3/29/2019 Court Filing
ORDER: Each party shall provide the Court with a courtesy copy of its Appendix in Support of its Motion for Summary Judgment and all attachments thereto on or before 3:00 p.m. on 4/5/2019. The courtesy copies should be delivered to the Court at the following address: 1205 Texas Avenue, Room C-210, Lubbock, Texas 79401. (Ordered by Senior Judge Sam R Cummings on 3/29/2019) (zkc)
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Legal Document (Payment Possibly Required) 88 Filed: 3/28/2019, Entered: 3/28/2019
Appendix in Support filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re 86 MOTION for Summary Judgment (Final) (Attachments: # 1 Additional Page(s) Appendix part 2 of 2) (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 87 Filed: 3/28/2019, Entered: 3/28/2019
Brief/Memorandum in Support filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re 86 MOTION for Summary Judgment (Final) (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 86 Filed: 3/28/2019, Entered: 3/28/2019
MOTION for Summary Judgment (Final) filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 85 Filed: 3/28/2019, Entered: 3/28/2019
MOTION for Summary Judgment filed by CDM Constructors Inc with Brief/Memorandum in Support. (Attachments: # 1 Brief in Support of MSJ, # 2 Appendix Vol. 1, # 3 Appendix Vol. 2, # 4 Appendix Vol. 3, # 5 Appendix Vol. 4, # 6 Appendix Vol. 5, # 7 Appendix Vol. 6, # 8 Appendix Vol. 7, # 9 Proposed Order) (Soltero, Carlos)
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Legal Document (Payment Possibly Required) 84 Filed: 3/27/2019, Entered: 3/27/2019
RESPONSE filed by CDM Constructors Inc re: 80 MOTION for Reconsideration re 77 Order on Motion for Protective Order, (Attachments: # 1 Additional Page(s) Appendix) (Soltero, Carlos)
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Legal Document (Payment Possibly Required) 83 Filed: 3/22/2019, Entered: 3/22/2019 Court Filing
ORDER denying as moot 47 Motion for Partial Summary Judgment. (Ordered by Senior Judge Sam R Cummings on 3/22/2019) (axm)
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Legal Document (Payment Possibly Required) 82 Filed: 3/20/2019, Entered: 3/20/2019 Court Filing
ORDER re: 80 MOTION for Reconsideration. Responses due by 3:00 p.m. on 3/27/2019. (Ordered by Senior Judge Sam R Cummings on 3/20/2019) (zkc)
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Legal Document (Payment Possibly Required) 81 Filed: 3/19/2019, Entered: 3/19/2019 Court Filing
ORDER denying 73 Motion for Reconsideration of Court's 3/7/2019 Order Granting Defendant's Motion to Strike and Exclude Second Report of Barry Bower. (Ordered by Senior Judge Sam R Cummings on 3/19/2019) (axm)
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Legal Document (Payment Possibly Required) 80 Filed: 3/19/2019, Entered: 3/19/2019
MOTION for Reconsideration re 77 Order on Motion for Protective Order, filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company with Brief/Memorandum in Support. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 79 Filed: 3/19/2019, Entered: 3/19/2019
Appendix in Support filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re 78 Response/Objection (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 78 Filed: 3/19/2019, Entered: 3/19/2019
RESPONSE filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re: 76 MOTION for Protective Order (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 77 Filed: 3/19/2019, Entered: 3/19/2019 Court Filing
ORDER granting 76 Motion for Protection from Third-Party Discovery and to Stay Discovery Pending a Ruling on the Cross-Motion for Summary Judgment. Accordingly, all discovery in the above-styled and -numbered civil action is hereby STAYED pending the resolution J the Parties' Motions for Summary Judgment. (Ordered by Senior Judge Sam R Cummings on 3/19/2019) (axm)
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Legal Document (Payment Possibly Required) 76 Filed: 3/15/2019, Entered: 3/15/2019
MOTION for Protective Order filed by CDM Constructors Inc with Brief/Memorandum in Support. (Attachments: # 1 Appendix) (Soltero, Carlos)
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Legal Document (Payment Possibly Required) 75 Filed: 3/11/2019, Entered: 3/11/2019 Court Filing
ORDER: Defendant CDM Constructors Inc shall provide the Court with a courtesy copy of the Advisory to the Court [Doc 71 ] filed 3/8/2019, and all attachments [Doc 71 .1] on or before 3:00 PM on 4/1/2019. (Ordered by Senior Judge Sam R Cummings on 3/11/2019) (mla)
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Legal Document (Payment Possibly Required) 74 Filed: 3/11/2019, Entered: 3/11/2019
RESPONSE filed by CDM Constructors Inc re: 73 MOTION for Reconsideration re 66 Order on Motion to Strike. (Soltero, Carlos)
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Legal Document (Payment Possibly Required) 73 Filed: 3/8/2019, Entered: 3/8/2019
MOTION for Reconsideration re 66 Order on Motion to Strike, filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company with Brief/Memorandum in Support. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 72 Filed: 3/8/2019, Entered: 3/8/2019
RESPONSE filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re: 64 MOTION to Strike Untimely Report of Barry Brower (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 71 Filed: 3/8/2019, Entered: 3/8/2019
NOTICE of Advisory Regarding Report filed by CDM Constructors Inc (Attachments: # 1 Appendix) (Soltero, Carlos)
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Legal Document (Payment Possibly Required) 70 Filed: 3/8/2019, Entered: 3/8/2019
CORRECTED RESPONSE filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re: 64 MOTION to Strike Untimely Report of Barry Brower. (Herbert, Joseph) Enhanced text on 3/8/2019 (dsr).
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Legal Document (Payment Possibly Required) 69 Filed: 3/7/2019, Entered: 3/7/2019
Appendix in Support filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re 68 Response/Objection (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 68 Filed: 3/7/2019, Entered: 3/7/2019
RESPONSE filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re: 64 MOTION to Strike Untimely Report of Barry Brower (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 67 Filed: 3/7/2019, Entered: 3/7/2019 Court Filing
ORDER: Each Party shall submit cross-motions for summary judgment within 21 days from the date of this Order, with the respective responses due within 14 days thereafter. The Court further notes that this case is set for a non-jury trial on 4/1/2019, and the trial setting should be VACATED. (Ordered by Senior Judge Sam R Cummings on 3/7/2019) (zkc)
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Legal Document (Payment Possibly Required) 66 Filed: 3/7/2019, Entered: 3/7/2019 Court Filing
ORDER granting 64 Motion to Strike and Exclude Untimely Disclosed Second Report of Barry Brower. Mr. Brower's Expert Report of March 1, 2019, is hereby STRICKEN for the reasons set forth in Defendant's Motion. The Court ORDERS that Mr. Brower's testimony be confined to the opinions disclosed in the "draft" report of January 31,2019. (Ordered by Senior Judge Sam R Cummings on 3/7/2019) (svc)
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Legal Document (Payment Possibly Required) 65 Filed: 3/6/2019, Entered: 3/6/2019 Court Filing
ORDER denying 57 Motion to Compel. (Ordered by Senior Judge Sam R Cummings on 3/6/2019) (epm)
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Legal Document (Payment Possibly Required) 64 Filed: 3/5/2019, Entered: 3/5/2019
MOTION to Strike Untimely Report of Barry Brower filed by CDM Constructors Inc with Brief/Memorandum in Support. (Attachments: # 1 Appendix, # 2 Proposed Order) (Soltero, Carlos)
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Legal Document (Payment Possibly Required) 63 Filed: 3/5/2019, Entered: 3/5/2019
NOTICE of Partial Withdrawal (as to Deposition Dates) re: 57 MOTION to Compel filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 62 Filed: 3/5/2019, Entered: 3/5/2019
RESPONSE filed by CDM Constructors Inc re: 57 MOTION to Compel (Attachments: # 1 Brief in Support, # 2 Appendix, # 3 Proposed Order) (Soltero, Carlos)
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Legal Document (Payment Possibly Required) 61 Filed: 2/27/2019, Entered: 2/27/2019 Court Filing
ORDER: Having reviewed the docket in the above-styled and -numbered civil action, the Court hereby ORDERS that Defendant CDM Constructors Inc file a response to Plaintiff's Motion to Compel, filed February 26, 2019, no later than 3:00 p.m. on 3/5/2019. (Ordered by Senior Judge Sam R Cummings on 2/27/2019) (aaa)
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Legal Document (Payment Possibly Required) 60 Filed: 2/27/2019, Entered: 2/27/2019 Court Filing
ORDER denying 59 Motion for Pretrial Conference. The parties are free to confer amongst each other in order to resolve any anticipated issues and potentially settle matters prior to trial. (Ordered by Senior Judge Sam R Cummings on 2/27/2019) (aaa)
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Legal Document (Payment Possibly Required) 59 Filed: 2/26/2019, Entered: 2/26/2019
MOTION for Hearing (Pretrial Conference) filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company with Brief/Memorandum in Support. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 58 Filed: 2/26/2019, Entered: 2/26/2019
Appendix in Support filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re 57 MOTION to Compel (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 57 Filed: 2/26/2019, Entered: 2/26/2019
MOTION to Compel filed by Cardinal Contractors Inc with Brief/Memorandum in Support. (Herbert, Joseph) Modified to remove filers on 2/27/2019 (zkc).
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Legal Document (Payment Possibly Required) 56 Filed: 1/18/2019, Entered: 1/18/2019
REPLY filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re: 47 MOTION for Summary Judgment (Partial as to Damages) (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 55 Filed: 1/4/2019, Entered: 1/4/2019
Appendix in Support filed by CDM Constructors Inc re 54 Brief/Memorandum in Support of Motion (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 54 Filed: 1/4/2019, Entered: 1/4/2019
Brief/Memorandum in Support filed by CDM Constructors Inc re 53 Response/Objection (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 53 Filed: 1/4/2019, Entered: 1/4/2019
RESPONSE filed by CDM Constructors Inc re: 47 MOTION for Summary Judgment (Partial as to Damages) (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 52 Filed: 12/19/2018, Entered: 12/19/2018 Court Filing
ORDER granting 51 Motion to Extend Time to File Response/Reply. Defendants' deadline to file a response to Plaintiff's 47 Motion for Summary Judgment is hereby extended to 3:00 p.m. on 1/4/2019. (Ordered by Senior Judge Sam R Cummings on 12/19/2018) (ykp)
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Legal Document (Payment Possibly Required) 51 Filed: 12/18/2018, Entered: 12/18/2018
MOTION for Extension of Time to File Response/Reply to 49 Appendix in Support, 48 Brief/Memorandum in Support of Motion, 47 MOTION for Summary Judgment (Partial as to Damages) filed by CDM Constructors Inc (Attachments: # 1 Proposed Order)Attorney Carlos R Soltero added to party CDM Constructors Inc(pty:3pp), Attorney Carlos R Soltero added to party CDM Constructors Inc(pty:cc) (Soltero, Carlos)
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Legal Document (Payment Possibly Required) 50 Filed: 12/3/2018, Entered: 12/3/2018 Court Filing
ORDER: Plaintiff shall provide the Court with a courtesy copy of the Appendix in Support of Plaintiffs Motion for Summary Judgment [doc 49 ] and all attachments on or before 3:00 p.m. on December 26, 2018. The courtesy copies should be delivered to the Court at the following address: 1205 Texas Avenue, Room C-210, Lubbock, Texas 79401. (Ordered by Senior Judge Sam R Cummings on 12/3/2018) (aaa)
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Legal Document (Payment Possibly Required) 49 Filed: 11/30/2018, Entered: 11/30/2018
Appendix in Support filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re 47 MOTION for Summary Judgment (Partial as to Damages) (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 48 Filed: 11/30/2018, Entered: 11/30/2018
Brief/Memorandum in Support filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company re 47 MOTION for Summary Judgment (Partial as to Damages) (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 47 Filed: 11/30/2018, Entered: 11/30/2018
MOTION for Summary Judgment (Partial as to Damages) filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 46 Filed: 11/16/2018, Entered: 11/16/2018 Court Filing
ORDER granting in part 45 Motion to Extend Time. Motions due by 11/30/2018. (Ordered by Senior Judge Sam R Cummings on 11/16/2018) (epm)
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Legal Document (Payment Possibly Required) 45 Filed: 11/15/2018, Entered: 11/15/2018
Agreed MOTION to Extend Time Time to File Dispositive Motions filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company (Attachments: # 1 Proposed Order Proposed) (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 44 Filed: 10/5/2018, Entered: 10/5/2018
ANSWER to Counterclaim filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company. Related document: 42 Amended Answer to Complaint, Third Party Complaint, Counterclaim (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 43 Filed: 9/14/2018, Entered: 9/14/2018
AMENDED ANSWER to 38 Amended Complaint,, filed by CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc (Soltero, Carlos)
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Legal Document (Payment Possibly Required) 42 Filed: 9/14/2018, Entered: 9/14/2018
AMENDED ANSWER to 38 Amended Complaint,, filed by CDM Constructors Inc, THIRD PARTY COMPLAINT against Federal Insurance Company, Continental Casualty Company filed by CDM Constructors Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., COUNTERCLAIM against Cardinal Contractors Inc filed by CDM Constructors Inc (Soltero, Carlos)
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Legal Document (Payment Possibly Required) 41 Filed: 7/27/2018, Entered: 7/27/2018 Court Filing
ORDER granting 40 Motion to Withdraw as Attorney. Attorney Jonathan R Dotson terminated. Attorney Gregory Sapire substituted as counsel of records for defendants. (Ordered by Senior Judge Sam R Cummings on 7/27/2018) (aaa)
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Legal Document (Payment Possibly Required) 40 Filed: 7/26/2018, Entered: 7/26/2018
Unopposed MOTION to Withdraw as Attorney and Substitute Counsel filed by CDM Constructors Inc (Attachments: # 1 Proposed Order)Attorney Jonathan R Dotson added to party CDM Constructors Inc(pty:dft) (Dotson, Jonathan)
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Legal Document (Payment Possibly Required) 39 Filed: 6/11/2018, Entered: 6/11/2018
NOTICE of Change of Address for Attorney Gregory Philip Sapire on behalf of CDM Constructors Inc. (Filer confirms contact info in ECF is current.) (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 38 Filed: 5/21/2018, Entered: 5/21/2018
AMENDED COMPLAINT against CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc filed by Cardinal Contractors Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s)) (ran)
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Legal Document (Payment Possibly Required) 37 Filed: 5/21/2018, Entered: 5/21/2018 Court Filing
ORDER granting 35 Unopposed Motion for Leave to File Amended Complaint and 36 Motion to Extend Scheduling Order Deadline. The Clerk of the Court is directed to docket Plaintiff's Amended Complaint and all exhibits (attached to the Motion as ECF Nos. 35-1, 35-2, 35-3, and 35-4) as of the date of this Order. Amended Pleadings due by 7/16/2018. Joinder of Parties due by 7/16/2018. (Ordered by Senior Judge Sam R Cummings on 5/21/2018) (ran)
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Legal Document (Payment Possibly Required) 36 Filed: 5/16/2018, Entered: 5/16/2018
MOTION to Extend Scheduling Order Deadline filed by CDM Constructors Inc (Attachments: # 1 Proposed Order) (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 35 Filed: 5/15/2018, Entered: 5/15/2018
Unopposed MOTION for Leave to File Amended Complaint filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company (Attachments: # 1 Proposed Amendment Amended Complaint, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Proposed Order Proposed Order) (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 34 Filed: 4/17/2018, Entered: 4/17/2018
CDM Constructors Inc.'s and Fidelity and Deposit Company of Maryland's Original Answer to the Prayer for Attorneys' Fees of Cardinal Contractors, Inc., Federal Insurance Company, and Continential Casualty Company Claim by CDM Constructors Inc. (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 33 Filed: 3/29/2018, Entered: 3/29/2018
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Continental Casualty Company identifying Corporate Parent/Other Affiliate The Continental Corporation, Corporate Parent/Other Affiliate Loews Corporation, Corporate Parent/Other Affiliate CNA Financial Corporation for Continental Casualty Company. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 32 Filed: 3/29/2018, Entered: 3/29/2018
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Federal Insurance Company identifying Corporate Parent/Other Affiliate Chubb Limited, Corporate Parent/Other Affiliate Chubb INA Holdings, Inc., Corporate Parent/Other Affiliate Chubb Group Holdings, Inc. for Federal Insurance Company. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 31 Filed: 3/28/2018, Entered: 3/28/2018
ANSWER to Counterclaim filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company. Related document: 20 Answer to Complaint, Third Party Complaint, Counterclaim. ANSWER to Third Party Complaint filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company. Related document: 20 Answer to Complaint, Third Party Complaint, Counterclaim. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 30 Filed: 3/20/2018, Entered: 3/20/2018 Court Filing
ORDER granting 26 Application for Admission Pro Hac Vice of Joseph M. Herbert. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Sam R Cummings on 3/20/2018) (ran)
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Legal Document (Payment Possibly Required) 29 Filed: 3/15/2018, Entered: 3/15/2018 Court Filing
ORDER granting 25 Motion for Extension of Time to File Answer. Cardinal Contractors Inc answer due 3/28/2018; Continental Casualty Company answer due 3/28/2018; Federal Insurance Company answer due 3/28/2018. (Ordered by Senior Judge Sam R Cummings on 3/15/2018) (epm)
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Legal Document (Payment Possibly Required) 28 Filed: 3/14/2018, Entered: 3/14/2018
SUMMONS Returned Executed as to Federal Insurance Company ; served on 2/22/2018. (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 27 Filed: 3/14/2018, Entered: 3/14/2018
SUMMONS Returned Executed as to Continental Casualty Company ; served on 2/22/2018. (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 26 Filed: 3/14/2018, Entered: 3/14/2018
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9051076) filed by Cardinal Contractors Inc (Attachments: # 1 Additional Page(s) Certificate of Good Standing)Attorney Joseph M. Herbert added to party Cardinal Contractors Inc(pty:cd), Attorney Joseph M. Herbert added to party Cardinal Contractors Inc(pty:pla) (Herbert, Joseph)
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Legal Document (Payment Possibly Required) 25 Filed: 3/14/2018, Entered: 3/14/2018
Unopposed Motion for Extension of Time to File Answer to CDM Constructors, Inc.'s Counter-Claim and Third-Party Claim filed by Cardinal Contractors Inc, Continental Casualty Company, Federal Insurance Company (Attachments: # 1 Proposed Order Proposed Order Granting)Attorney Adam Brett Chambers added to party Continental Casualty Company(pty:3pd), Attorney Adam Brett Chambers added to party Federal Insurance Company(pty:3pd) (Chambers, Adam)
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Legal Document (Payment Possibly Required) 24 Filed: 3/7/2018, Entered: 3/7/2018 Court Filing
SCHEDULING ORDER: Amended Pleadings due by 5/15/2018. Joinder of Parties due by 5/15/2018. Motions due by 11/16/2018. Discovery due by 3/11/2019. Jury Trial set for 4/1/2019 at 9:00 AM before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 3/7/2018) (aaa)
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Legal Document (Payment Possibly Required) 23 Filed: 2/21/2018, Entered: 2/21/2018
Summons Issued as to Continental Casualty Company, Federal Insurance Company. (ndt)
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Legal Document (Payment Possibly Required) 22 Filed: 2/21/2018, Entered: 2/21/2018
Request for Clerk to issue 2 summons filed by CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc. (Attachments: # 1 Additional Page(s)) (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 21 Filed: 2/21/2018, Entered: 2/21/2018
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc. (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 20 Filed: 2/21/2018, Entered: 2/21/2018
ANSWER to 1 Complaint filed by CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc. THIRD PARTY COMPLAINT against Continental Casualty Company, Federal Insurance Company filed by CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc. COUNTERCLAIM against Cardinal Contractors Inc filed by CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge.,(Sapire, Gregory) Modified text on 2/22/2018 (rekc).
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Legal Document (Payment Possibly Required) 19 Filed: 1/31/2018, Entered: 1/31/2018 Court Filing
ORDER granting 18 Motion for Extension of Time to File Answer: The deadline for Defendants to answer or otherwise respond to Plaintiff's Original Complaint is extended to 3:00p.m. on 2/21/2018. (Ordered by Senior Judge Sam R Cummings on 1/31/2018) (sss)
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Legal Document (Payment Possibly Required) 18 Filed: 1/30/2018, Entered: 1/30/2018
Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Original Complaint filed by CDM Constructors Inc (Attachments: # 1 Proposed Order) (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 17 Filed: 1/23/2018, Entered: 1/23/2018 Court Filing
ORDER granting 15 Motion for Extension of Time to File Answer Fidelity and Deposit Company of Maryland Inc. Answer due 2/2/2018.; Denying as moot 16 Plaintiff's Motion to Extend Time. (Ordered by Senior Judge Sam R Cummings on 1/23/2018) (svc)
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Legal Document (Payment Possibly Required) 16 Filed: 1/21/2018, Entered: 1/21/2018
Unopposed MOTION to Extend Time to comply with January 2, 2018 Order filed by Cardinal Contractors Inc (Attachments: # 1 Proposed Order Proposed Order Granting) (Chambers, Adam)
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Legal Document (Payment Possibly Required) 15 Filed: 1/18/2018, Entered: 1/18/2018
Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Original Complaint filed by Fidelity and Deposit Company of Maryland Inc (Attachments: # 1 Proposed Order)Attorney Gregory P Sapire added to party Fidelity and Deposit Company of Maryland Inc(pty:dft) (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 14 Filed: 1/2/2018, Entered: 1/2/2018 Court Filing
ORDER: IT IS ORDERED that Plaintiff's claims against Defendant Fidelity and Deposit Company of Maryland, Inc. will be dismissed without prejudice if Plaintiff fails to move for default judgment against Defendant Fidelity and Deposit Company of Maryland, Inc. on or before 9:00a.m. on 1/22/2018. (Ordered by Senior Judge Sam R Cummings on 1/2/2018) (epm)
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Legal Document (Payment Possibly Required) 13 Filed: 12/13/2017, Entered: 12/13/2017 Court Filing
ORDER granting 11 Motion for Leave to Proceed Without Local Counsel. (Ordered by Senior Judge Sam R Cummings on 12/13/2017) (aaa)
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Legal Document (Payment Possibly Required) 12 Filed: 12/11/2017, Entered: 12/11/2017 Court Filing
ORDER granting 10 Motion for Extension of Time to File Answer: The deadline for Defendant CDM Constructors, Inc. to answer or otherwise respond to Plaintiff's Original Complaint is extended to 3:00p.m. on 2/2/2018. (Ordered by Senior Judge Sam R Cummings on 12/11/2017) (sss)
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Legal Document (Payment Possibly Required) 11 Filed: 12/11/2017, Entered: 12/11/2017
MOTION Leave to Proceed without Local Counsel Under Local Rule 83.10 filed by Cardinal Contractors Inc (Attachments: # 1 Proposed Order) (Chambers, Adam)
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Legal Document (Payment Possibly Required) 10 Filed: 12/7/2017, Entered: 12/7/2017
Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Original Complaint filed by CDM Constructors Inc (Attachments: # 1 Proposed Order)Attorney Gregory P Sapire added to party CDM Constructors Inc(pty:dft) (Sapire, Gregory)
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Legal Document (Payment Possibly Required) 9 Filed: 12/4/2017, Entered: 12/4/2017
SUMMONS Returned Executed as to Fidelity and Deposit Company of Maryland Inc; served on 12/1/2017. (Chambers, Adam)
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Legal Document (Payment Possibly Required) 8 Filed: 12/1/2017, Entered: 12/1/2017
SUMMONS Returned Executed as to CDM Constructors Inc ; served on 11/30/2017. (Chambers, Adam)
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Legal Document (Payment Possibly Required) 7 Filed: 10/18/2017, Entered: 10/18/2017
Summons Reissued as to CDM Constructors Inc and Fidelity and Deposit Company of Maryland Inc. (ran)
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Legal Document (Payment Possibly Required) 6 Filed: 10/11/2017, Entered: 10/11/2017
Summons Issued as to CDM Constructors Inc, Fidelity and Deposit Company of Maryland Inc. (aaa)
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Legal Document (Payment Possibly Required) 5 Filed: 10/11/2017, Entered: 10/11/2017
Request for Clerk to issue Summons filed by Cardinal Contractors Inc. (Chambers, Adam)
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Legal Document (Payment Possibly Required) 4 Filed: 10/11/2017, Entered: 10/11/2017
Request for Clerk to issue Summons filed by Cardinal Contractors Inc. (Chambers, Adam)
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Legal Document (Payment Possibly Required) 3 Filed: 9/26/2017, Entered: 9/26/2017
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Cardinal Contractors Inc. (Chambers, Adam)
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Legal Document (Payment Possibly Required) 2 Filed: 9/26/2017, Entered: 9/26/2017 Court Filing
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Stickney). Clerk to provide copy to plaintiff if not received electronically. (epm)
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Legal Document (Payment Possibly Required) 1 Filed: 9/25/2017, Entered: 9/25/2017 Court Filing
COMPLAINT against Cardinal Contractors, Inc. filed by Cardinal Contractors, Inc.. (Filing fee $400; Receipt number 0539-8698484) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Cover Sheet Civil Cover Sheet) (Chambers, Adam)
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