LeChase Construction Services LLC v. United Structures of America, Inc. et al
| New York Western District Court | |
| Judge: | Elizabeth A Wolford |
| Referred: | Mark W Pedersen |
| Case #: | 6:20-cv-06915 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Oct 30, 2020 |
| Re-opened: | Apr 18, 2023 |
| Terminated: | Jul 07, 2021 |
| Case in other court: | Monroe County Supreme Court, E202004930 |
| Last checked: Wednesday Apr 28, 2021 5:10 AM EDT |
|
Defendant
Argonaut Insurance Company
|
Represented By
|
|
Defendant
United Structures of America, Inc.
|
Represented By
|
|
Plaintiff
LeChase Construction Services LLC
|
Represented By
|
| Docket last updated: 04/28/2024 11:59 PM EDT |
| Wednesday, April 17, 2024 | ||
| 48 | 48
minutes
Scheduling Conference
Wed 04/24 10:43 AM
Minute Entry for proceedings held before Hon. Mark W. Pedersen: Scheduling Conference held on 4/17/2024. Appearances: Kevin F. Peartree, Esq.; Chad W. Flansburg, Esq. Parties agree to a proposed schedule, Scheduling Order to be issued (see ECF47 ). (JB) |
|
| 47 | 47
order
Scheduling Order
Wed 04/17 11:20 AM
SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Mandatory Disclosures due by 5/15/2024. Stipulation of Selection of Mediator due by 7/10/2024. Motions to Join Parties/Amend Pleadings due by 8/30/2024. First Mediation Session due by 8/30/2024. Discovery completed by 6/30/2025. Motions to Compel Discovery due by 6/30/2025. Dispositive Motions due by 1/30/2026. Signed by Hon. Mark W. Pedersen on 4/17/24. (Hartsough, Harrison) |
|
| Wednesday, March 20, 2024 | ||
| 45 | 45
6
pgs
order
Order ~Util - Set Hearings
Wed 03/20 3:22 PM
ORDER: Scheduling Conference set for 4/17/2024 at 10:00 AM before Hon. Mark W. Pedersen. A joint proposed discovery plan is due to be filed at least 4 business days prior to the conference. Signed by Hon. Mark W. Pedersen on 3/20/2024. (JB) |
|
| Friday, March 15, 2024 | ||
| 44 | 44
order
Text Order Referring Case to Magistrate Judge
Fri 03/15 12:05 PM
TEXT ORDER REFERRING CASE to Magistrate Judge Mark W. Pedersen for all pre-trial matters excluding dispositive motions. IT IS SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 3/15/24. (JHF) |
|
| 43 | 43
answer
Answer to Complaint
Fri 03/15 10:55 AM
ANSWER to Complaint by Argonaut Insurance Company. (Flansburg, Chad) |
|
| Tuesday, February 20, 2024 | ||
| 42 | 42
order
Text Order
Tue 02/20 9:06 AM
TEXT ORDER granting41 consent request for extension of time. Defendant's deadline to answer the complaint is extended to March 15, 2024. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/20/2024. (MGB) |
|
| Monday, February 19, 2024 | ||
| 41 | 41
misc
Letter
Mon 02/19 4:04 PM
Letter filed by Argonaut Insurance Company . (Flansburg, Chad) |
|
| Monday, February 12, 2024 | ||
| 40 | 40
8
pgs
order
Order on Motion for Summary Judgment
Mon 02/12 11:37 AM
DECISION AND ORDER denying25 Motion for Summary Judgment. Signed by Hon. Elizabeth A. Wolford on 02/12/2024. (MGB) |
|
| Thursday, December 21, 2023 | ||
|
utility
E-Filing Notification
Thu 12/21 9:09 AM
E-Filing Notification: Clerk revised docket text of39 to "Third Amended Corporate Disclosure Statement" to clarify the filing event. (JHF) |
||
| Wednesday, December 20, 2023 | ||
| 39 | 39
misc
Corporate Disclosure Statement
Wed 12/20 12:17 PM
Corporate Disclosure Statement by LeChase Construction Services LLC.(Peartree, Kevin) |
|
|
Att: 1
Exhibit Exhibit A to Third Amended Corporate Disclosure Statement
|
||
| Friday, December 15, 2023 | ||
| 38 | 38
order
Text Order
Fri 12/15 5:38 PM
TEXT ORDER re37 Second Amended Corporate Disclosure Statement. Plaintiff has been twice directed to update its corporate disclosure statement in accordance with Local Rule 7.1. See Fed. R. Civ. P. 7.1(a)(2) ("In an action in which jurisdiction is based on diversity under 28 U.S.C. § 1332(a), a party or intervenor must, unless the court orders otherwise, file a disclosure statement. The statement must name--and identify the citizenship of--every individual or entity whose citizenship is attributed to that party or intervenor."). Although the second amended corporate disclosure statement provides some of the information that was missing from Plaintiff's previous submissions, it still fails to provide sufficient information to allow the Court to assess jurisdiction. See U.S. Liab. Ins. Co. v. M Remodeling Corp. , 444 F. Supp. 3d 408, 410 (E.D.N.Y. 2020) ("[I]f any of an LLC's members are themselves noncorporate entities, then a plaintiff must allege the identity and citizenship of their members, proceeding up the chain of ownership until it has alleged the identity and citizenship of every individual and corporation with a direct or indirect interest in the LLC."). Specifically, while the second amended disclosure statement indicates that the South Dakota Trust Company is the trustee of the LeChase Family Trust, it does not identify the corporate form of the South Dakota Trust Company in a manner that provides the Court with ample information to conclusively determine its citizenship. Accordingly, on or before December 22, 2023 , Plaintiff is directed to file a third amended corporate disclosure statement which properly provides sufficient information regarding the South Dakota Trust Company for purposes of establishing diversity jurisdiction. Failure to comply as directed may result in the imposition of sanctions. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/15/2023. (MGB) |
|
|
utility
E-Filing Notification
Fri 12/15 9:36 AM
E-Filing Notification: Clerk revised docket text of37 to "Second Amended Corporate Disclosure Statement" to clarify the filing event. (JHF) |
||
| Thursday, December 14, 2023 | ||
| 37 | 37
misc
Corporate Disclosure Statement
Thu 12/14 1:48 PM
Corporate Disclosure Statement by LeChase Construction Services LLC. (Peartree, Kevin) |
|
| Friday, December 08, 2023 | ||
| 36 | 36
order
Text Order
Fri 12/08 10:30 AM
TEXT ORDER re33 Amended Corporate Disclosure Statement. For a limited liability company appearing in a diversity case, a corporate disclosure statement must identify the citizenship of all of its members. See Fed. R. Civ. P. 7.1(a)(2) ("In an action in which jurisdiction is based on diversity under 28 U.S.C. § 1332(a), a party or intervenor must, unless the court orders otherwise, file a disclosure statement. The statement must name--and identify the citizenship of--every individual or entity whose citizenship is attributed to that party or intervenor."); see also Am. Empire Surplus Lines Ins. Co. v. Clearview SM, Inc. , No. 21-CV-4230 (BMC), 2021 WL 3206930, at *1 (E.D.N.Y. July 29, 2021) ("[I]f a party to a diversity action is an LLC, the party seeking to invoke the court's diversity jurisdiction must identify both the LLC's members and their citizenship,"... and "[i]f any of an LLC's members are themselves non-corporate entities, then a party must allege the identity and citizenship of their members, proceeding up the chain of ownership until the party has alleged the identity and citizenship of every individual and corporation with a direct or indirect interest in the LLC."(quotations and citations omitted)). Because Plaintiff's initial corporate disclosure statement (Dkt. 4) was incomplete, the Court directed Plaintiff to file an amended statement, which it did on December 7, 2023. (Dkt. 33). In the amended corporate disclosure statement, Plaintiff states that it is a joint venture owned by LeChase Management Services, LLC, LeChase, LLC, and R. Wayne LeChase. Plaintiff identifies the 37 individuals, and their respective citizenship, who collectively constitute the members of LeChase Management Services, LLC. Based on these representations, the Court is satisfied that this entity does not defeat the exercise of subject matter jurisdiction in this matter. However, with respect to LeChase, LLC, Plaintiff states that its members are "Raymond LeChase II, Jacquiline LeChase (New York), Beverly LeChase (New York), and the LeChase Family Trust," but Plaintiff has not provided the Court with information regarding the LeChase Family Trust to permit it to assess whether diversity of citizenship is satisfied. See Aboretum Silverleaf Income Fund LP v. Katofsky , No. 23 CIV. 1144 (JHR), 2023 WL 3225063, at *3 (S.D.N.Y. Feb. 24, 2023) ("Because the Notice of Removal is devoid of any information regarding Plaintiff Arboretum's and Plaintiff ACF's members, it falls short of establishing their citizenship. The Notice also fails to establish the citizenship of SKG Family Trust. As with limited partnerships and limited liability companies, trusts 'possess[ ] the citizenship of all [their] members.'" (quoting Americold Realty Tr. v. Conagra Foods, Inc. , 577 U.S. 378, 383 (2016))); see also Altruis Grp., LLC v. ProSight Specialty Mgmt. Co., Inc. , No. 1:21-CV-10757 (MKV), 2023 WL 5151122, at *3 (S.D.N.Y. Aug. 10, 2023) ("The citizenship of a trust turns on whether the trust at issue is a traditional trust or a business trust."); Cross Sound Cable Co., LLC v. Long Island Lighting Co. , No. 21CV2771KAMARL, 2022 WL 16790244, at *1 (E.D.N.Y. Mar. 16, 2022) ("For traditional common law trusts, 'it is the citizenship of the trustees holding the legal right to sue on behalf of the trusts, not that of beneficiaries, that is relevant to jurisdiction.' Raymond Loubier Irrevocable Trust v. Loubier , 858 F.3d 719, 730 (2d Cir. 2017). By contrast, trusts that are 'more akin to "unincorporated entities,"' and that can sue or be sued in their own name, take the citizenship of each of their beneficiaries. Stets v. Stets , 2020 WL 9439459, at *5 (E.D.N.Y. Nov. 25, 2020)."); RL 900 Park, LLC v. Ender , No. 1:18-CV-12121 (MKV), 2021 WL 738705, at *6 (S.D.N.Y. Feb. 25, 2021) ("In the case of trusts, the trust's citizenship is determined by the citizenship of the Trustee, unless the trust is not a common law trust, in which case the Trust takes on the citizenship of all of its beneficiaries."). Accordingly, on or before December 15, 2023 , Plaintiff is directed to file a supplemental corporate disclosure statement which properly provides sufficient information regarding the LeChase Family Trust for purposes of establishing diversity jurisdiction. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/08/2023. (MGB) |
|
| Thursday, December 07, 2023 | ||
| 35 | 35
misc
Letter
Thu 12/07 12:44 PM
Letter Reply as to34 Letter Response, filed by LeChase Construction Services LLC. (Peartree, Kevin) Modified on 12/7/2023 (JHF) |
|
| 34 | 34
misc
Letter
Thu 12/07 12:12 PM
Letter Response as to32 Declaration, filed by Argonaut Insurance Company. (Flansburg, Chad) Modified on 12/7/2023 (JHF) |
|
| 33 | 33
misc
Corporate Disclosure Statement
Thu 12/07 11:47 AM
AMENDED Corporate Disclosure Statement by LeChase Construction Services LLC. (Peartree, Kevin) Modified on 12/7/2023 (JHF) |
|
| 32 | 32
misc
Declaration
Thu 12/07 11:16 AM
DECLARATION filed by LeChase Construction Services LLC. (Peartree, Kevin) |
|
|
Att: 1
Exhibit August 14, 2019 Letter,
|
||
|
Att: 2
Beckley Declaration
|
||
|
utility
E-Filing Notification
Thu 12/07 3:58 PM
E-Filing Notification: Clerk revised docket texts of:33 to "Amended Corporate Disclosure Statement,"34 to "Letter Response" and35 to "Letter Reply" to clarify the filing events. (JHF) |
||
| Tuesday, November 28, 2023 | ||
| 31 | 31
minutes
Motion Hearing
Wed 11/29 1:28 PM
Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Kevin F. Peartree, Esq. on behalf of plaintiff; Nicholas P. Fedorka, Esq. and Chad W. Flansburg, Esq. on behalf of defendant Argonaut Insurance Company. Motion Hearing held on 11/28/2023 re25 First MOTION for Summary Judgment filed by Argonaut Insurance Company. Parties confirm defendant United Structures of America, Inc. can be terminated from case. Plaintiff directed to file amended corporate disclosure statement as discussed on the record within two weeks. Court reserves decision with regard to pending motion. (Court Reporter Karen Clark.) (DPS) |
|
| Friday, October 13, 2023 | ||
| 30 | 30
order
1 - Terminate Hearings ~Util - Set Hearings Text Order ~Util - Terminate Motions
Fri 10/13 5:23 PM
TEXT ORDER granting29 Motion to Adjourn Oral Argument. The oral argument scheduled for November 7, 2023, is hereby rescheduled for Tuesday, November 28, 2023, at 3:00 PM , in the United States Courthouse, 100 State Street, Rochester, NY 14614, before the Hon. Elizabeth A. Wolford. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/13/2023. (MGB) |
|
| 29 | 29
motion
Adjourn
Fri 10/13 3:55 PM
First MOTION to Adjourn Oral Argument by Argonaut Insurance Company.(Flansburg, Chad) |
|
| Monday, October 02, 2023 | ||
| 28 | 28
order
Text Order ~Util - Set Hearings
Mon 10/02 3:05 PM
TEXT ORDER re25 Motion for Summary Judgment. Oral argument is scheduled for Tuesday, November 7, 2023, at 2:00 p.m. , at the United States Courthouse, 100 State Street, Rochester, NY, before the Hon. Elizabeth A. Wolford. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/02/2023. (MGB) |
|
| Friday, August 18, 2023 | ||
| 27 | 27
respm
Reply/Response
Fri 08/18 2:26 PM
REPLY in Further Support of25 First MOTION for Summary Judgment filed by Argonaut Insurance Company. (Flansburg, Chad) Modified on 8/18/2023 (JHF) |
|
|
utility
E-Filing Notification
Fri 08/18 2:34 PM
E-Filing Notification: Clerk revised docket text of27 to "REPLY in Further Support" to clarify the filing event. (JHF) |
||
| Friday, July 28, 2023 | ||
| 26 | 26
misc
Declaration
Fri 07/28 1:27 PM
DECLARATION re25 First MOTION for Summary Judgment filed by LeChase Construction Services LLC in Opposition filed by LeChase Construction Services LLC.(Peartree, Kevin) |
|
|
Att: 1
Exhibit Purchase Order Agreement,
|
||
|
Att: 2
Exhibit Supply Bond,
|
||
|
Att: 3
Exhibit Email Chain,
|
||
|
Att: 4
Exhibit Email Chain,
|
||
|
Att: 5
Exhibit Email Chain,
|
||
|
Att: 6
Exhibit Email Chain,
|
||
|
Att: 7
Exhibit Email Chain,
|
||
|
Att: 8
Exhibit Email Chain,
|
||
|
Att: 9
Exhibit July 18, 2019 Correspondence,
|
||
|
Att: 10
Exhibit Email Chain,
|
||
|
Att: 11
Exhibit October 15, 2019 Correspondence,
|
||
|
Att: 12
Exhibit October 24, 2019 Correspondence,
|
||
|
Att: 13
Exhibit October 28, 2019 Correspondence,
|
||
|
Att: 14
Exhibit November 7, 2019 Correspondence,
|
||
|
Att: 15
Declaration,
|
||
|
Att: 16
Exhibit November 1, 2019 Correspondence,
|
||
|
Att: 17
Exhibit November 18, 2019 Correspondence,
|
||
|
Att: 18
Exhibit November 26, 2019 Correspondence,
|
||
|
Att: 19
Statement of Undisputed Facts Opposing Statement of Undisputed Facts,
|
||
|
Att: 20
Memorandum in Support MOL in Opposition
|
||
| Friday, June 30, 2023 | ||
| 25 | 25
motion
Summary Judgment
Fri 06/30 12:15 PM
First MOTION for Summary Judgment by Argonaut Insurance Company.(Flansburg, Chad) |
|
|
Att: 1
Declaration,
|
||
|
Att: 2
Exhibit Exh. A - Motion to Dismiss,
|
||
|
Att: 3
Exhibit Exh. B - Opposition to Motion to Dismiss,
|
||
|
Att: 4
Exhibit Exh. C - Reply in Further Support of Motion to Dismiss,
|
||
|
Att: 5
Exhibit Exh. D - Notice of Withdrawal,
|
||
|
Att: 6
Exhibit Exh. E - Order Granting Order to Show Cause,
|
||
|
Att: 7
Exhibit Exh. F - Summons and Complaint,
|
||
|
Att: 8
Declaration Unsworn Declaration,
|
||
|
Att: 9
Exhibit Exh. A - Bond,
|
||
|
Att: 10
Exhibit Exh. B - Purchase Order 18,
|
||
|
Att: 11
Exhibit Exh. C - Letter Dated February 12, 2020,
|
||
|
Att: 12
Statement of Undisputed Facts,
|
||
|
Att: 13
Memorandum in Support
|
||
| Thursday, June 01, 2023 | ||
|
order
Text Order
Thu 06/01 2:38 PM
TEXT ORDER. Defendant Argonaut Insurance Company shall file its motion for summary judgment on or before June 30, 2023. Responses are due on or before July 28, 2023. Replies are due on or before August 18, 2023. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/01/2023. (MGB) |
||
| Wednesday, May 31, 2023 | ||
| 23 | 23
notice
Notice of Appearance
Wed 05/31 3:38 PM
NOTICE of Appearance by Nicholas Paul Fedorka on behalf of Argonaut Insurance Company (Fedorka, Nicholas) |
|
| Monday, May 22, 2023 | ||
|
minutes
Status Conference
Mon 05/22 5:02 PM
Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Kevin F. Peartree, Esq. on behalf of plaintiff; Chad W. Flansburg, Esq. on behalf of defendants. Status Conference held on 5/22/2023 to address proceeding pursuant to filing of19 MANDATE of USCA. Defendants to file Motion to Dismiss as discussed on the record; parties will confer and provide Court with a proposed briefing schedule on or before 6/2/2023. (Court Reporter Karen Clark.) (DPS) |
||
| Tuesday, May 09, 2023 | ||
|
order
Text Order 1 - Terminate Deadlines and Hearings ~Util - Set Hearings
Tue 05/09 9:08 AM
TEXT ORDER. Due to the Court's schedule, and with consent of counsel, Status Conference set for 5/12/2023 at 11:00 AM is reset for 5/22/2023 at 3:30 PM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Elizabeth A. Wolford. Counsel for the parties are required to attend in person. Signed by Hon. Elizabeth A. Wolford on 5/9/2023. (DPS) |
||
| Tuesday, April 18, 2023 | ||
| 19 | 19
appeal
USCA Mandate
Tue 04/18 11:20 AM
MANDATE of USCA as to16 Notice of Appeal filed by Argonaut Insurance Company: IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's orderremanding this case to the Supreme Court of New York, Monroe County is VACATED, and the case is REMANDED to the district court for further proceedings in that court. (JHF) |
|
|
order
Text Order ~Util - Set Hearings
Tue 04/18 2:02 PM
TEXT ORDER. A status conference is scheduled for Friday, May 12, 2023, at 11:00 a.m. at the United States Courthouse, 100 State Street, Rochester, New York 14614. Counsel for the parties are required to attend in person. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/18/2023. (MGB) |
||
| Friday, July 30, 2021 | ||
| 18 | 18
appeal
Clerks Certificate
Fri 07/30 8:44 AM
CLERK'S CERTIFICATE/INDEX filed and electronically sent to Court of Appeals. (JHF) |
|
| Thursday, July 29, 2021 | ||
| 17 | 17
appeal
Designation of Record on Appeal
Thu 07/29 11:34 AM
DESIGNATION of Record on Appeal by Argonaut Insurance Company, United Structures of America, Inc. re16 Notice of Appeal CLERK TO FOLLOW UP (Flansburg, Chad) |
|
| Thursday, July 22, 2021 | ||
|
utility
Remark
Thu 07/22 1:16 PM
Within 14 days of filing the16 Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerk's Office will certify and transmit the index to the Circuit. (JHF) |
||
| Wednesday, July 21, 2021 | ||
|
utility
Remark
Wed 07/21 5:00 PM
Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at: |
||
| Tuesday, July 20, 2021 | ||
| 16 | 16
appeal
Notice of Appeal
Tue 07/20 2:07 PM
NOTICE OF APPEAL as to15 Order on Motion to Remand,, Order on Motion for Summary Judgment, by Argonaut Insurance Company. Filing fee $ 505, receipt number 0209-4307365. (Flansburg, Chad) |
|
| Wednesday, July 07, 2021 | ||
| 15 | 15
8
pgs
order
Order on Motion to Remand Order on Motion for Summary Judgment
Wed 07/07 8:46 AM
DECISION AND ORDER granting6 Motion to Remand; denying as moot9 Motion for Summary Judgment. The case is remanded to New York State Supreme Court, Monroe County. The Clerk is instructed to mail a certified copy of this Decision and Order, with a clear reference to Supreme Court, Monroe County, Index No. E2020004930 to the clerk of the state court and then to close the case. Signed by Hon. Elizabeth A. Wolford on 7/1/21. (JHF) |
|
|
utility
Remark
Wed 07/07 9:21 AM
Clerk mailed certified copy of15 Decision and Order to New York State Supreme Court, Monroe County. (JHF) |
||
| Wednesday, December 30, 2020 | ||
| 14 | 14
respm
Response in Support of Motion
Wed 12/30 10:48 PM
RESPONSE in Support re9 MOTION for Summary Judgment filed by Argonaut Insurance Company. (Flansburg, Chad) |
|
| Tuesday, December 29, 2020 | ||
| 13 | 13
respm
Reply to Response to Motion
Tue 12/29 4:56 PM
REPLY to Response to Motion re6 First MOTION to Remand Action filed by LeChase Construction Services LLC.(Peartree, Kevin) |
|
|
Att: 1
Exhibit Exhibit A- Affidavit of Services,
|
||
|
Att: 2
Memorandum in Support Reply Memorandum of Law
|
||
| Wednesday, December 23, 2020 | ||
| 12 | 12
respm
Response in Opposition to Motion
Wed 12/23 2:55 PM
RESPONSE in Opposition re9 MOTION for Summary Judgment filed by LeChase Construction Services LLC.(Peartree, Kevin) |
|
|
Att: 1
Exhibit Exhibit A,
|
||
|
Att: 2
Exhibit Exhibit B,
|
||
|
Att: 3
Exhibit Exhibit C,
|
||
|
Att: 4
Declaration Beckley Declaration,
|
||
|
Att: 5
Exhibit Exhibit A,
|
||
|
Att: 6
Exhibit Exhibit B,
|
||
|
Att: 7
Exhibit Exhibit C,
|
||
|
Att: 8
Exhibit Exhibit D,
|
||
|
Att: 9
Exhibit Exhibit E,
|
||
|
Att: 10
Exhibit Exhibit F,
|
||
|
Att: 11
Exhibit Exhibit G,
|
||
|
Att: 12
Exhibit Exhibit H,
|
||
|
Att: 13
Exhibit Exhibit I,
|
||
|
Att: 14
Exhibit Exhibit J,
|
||
|
Att: 15
Exhibit Exhibit K,
|
||
|
Att: 16
Exhibit Exhibit L,
|
||
|
Att: 17
Exhibit Exhibit M,
|
||
|
Att: 18
Statement of Undisputed Facts Statement of Facts,
|
||
|
Att: 19
Memorandum in Support Memorandum of Law
|
||
| Tuesday, December 22, 2020 | ||
| 11 | 11
respm
Response in Opposition to Motion
Tue 12/22 3:54 PM
RESPONSE in Opposition re6 First MOTION to Remand Action Memorandum of Law in support of Defendant's Response to Plaintiff's Motion for Remand filed by Argonaut Insurance Company.(Flansburg, Chad) |
|
|
Att: 1
Declaration of Chad W. Flansburg, Esq.,
|
||
|
Att: 2
Exhibit A to Flansburg Declaration (July 10, 2019 Acknowledgment of Service),
|
||
|
Att: 3
Unsworn Declaration of Regina E. Gaebel
|
||
| Tuesday, December 01, 2020 | ||
| 10 | 10
order
Text Order
Tue 12/01 12:53 PM
TEXT ORDER re9 Motion for Summary Judgment. Responses are due on or before December 23, 2020. Replies are due on or before December 30, 2020. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/1/2020. (MGB) |
|
| Monday, November 30, 2020 | ||
| 9 | 9
motion
Summary Judgment
Mon 11/30 4:31 PM
MOTION for Summary Judgment by Argonaut Insurance Company.(Flansburg, Chad) |
|
|
Att: 1
Declaration of Regina E. Gaebel,
|
||
|
Att: 2
Exhibit A to Gaebel Declaration (Supply Bond),
|
||
|
Att: 3
Exhibit B to Gaebel Declaration (Change Order),
|
||
|
Att: 4
Exhibit C to Gaebel Declaration (FEB 2020 Letter),
|
||
|
Att: 5
Statement of Undisputed Facts,
|
||
|
Att: 6
Memorandum in Support
|
||
| 8 | 8
motion
Remand
Mon 11/30 3:41 PM
CERTIFICATE OF SERVICE re6 First MOTION to Remand Action by LeChase Construction Services LLC. (Peartree, Kevin) Modified on 11/30/2020 (JHF) |
|
| 7 | 7
order
Text Order
Mon 11/30 1:08 PM
TEXT ORDER re6 Motion to Remand. Responses are due on or before December 22, 2020. Replies are due on or before December 29, 2020. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/30/2020. (MGB) |
|
| 6 | 6
motion
Remand
Mon 11/30 12:51 PM
First MOTION to Remand Action by LeChase Construction Services LLC. (Peartree, Kevin) |
|
|
Att: 1
Memorandum in Support,
|
||
|
Att: 2
O'Gara Declaration,
|
||
|
Att: 3
Exhibit A - Supply Bond,
|
||
|
Att: 4
Exhibit B - Bonded Agreement,
|
||
|
Att: 5
Exhibit C - Nov 26 2019 Supplemental Claim,
|
||
|
Att: 6
Kevin Peartree Declaration,
|
||
|
Att: 7
Exhibit 1 - Summons and Complaint,
|
||
|
Att: 8
Exhibit 2 - Notice of Removal,
|
||
|
Att: 9
Exhibit 3 - Notice of Voluntary Partial Dismissal,
|
||
|
Att: 10
Exhibit 4 - Enerfab Complaint,
|
||
|
Att: 11
Exhibit 5 - Answer in Enerfab Action,
|
||
|
Att: 12
Exhibit 6 - Copy of Filed S&C
|
||
|
utility
E-Filing Notification
Mon 11/30 4:08 PM
E-Filing Notification: Clerk revised docket text of8 to "Certificate of Service" to clarify the filing event. (JHF) |
||
| Monday, November 23, 2020 | ||
| 5 | 5
notice
Notice of Voluntary Dismissal
Mon 11/23 4:14 PM
NOTICE of Voluntary Dismissal by LeChase Construction Services LLC(Peartree, Kevin) |
|
|
Att: 1
Certificate of Service Certificate of Service of Partial Notice of Dismissal
|
||
| Thursday, November 19, 2020 | ||
| 4 | 4
misc
Corporate Disclosure Statement
Thu 11/19 11:45 AM
Corporate Disclosure Statement by LeChase Construction Services LLC.(Peartree, Kevin) |
|
|
Att: 1
Certificate of Service
|
||
| Thursday, November 12, 2020 | ||
|
utility
Remark
Thu 11/12 12:20 PM
ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven (7) days of this notice. (MD) |
||
| Wednesday, November 04, 2020 | ||
| 3 | 3
2
pgs
order
Order on Motion for Extension of Time to File
Wed 11/04 12:35 PM
ORDER granting2 Motion for Extension of Time to File Answer. Signed by Hon. Elizabeth A. Wolford on 11/04/2020. (MGB) |
|
| 2 | 2
motion
Extension of Time to File Document
Wed 11/04 11:35 AM
Joint MOTION for Extension of Time to File Answer or otherwise respond to Complaint by Argonaut Insurance Company, United Structures of America, Inc..(Flansburg, Chad) |
|
| Monday, November 02, 2020 | ||
|
utility
Case Assigned/Reassigned
Mon 11/02 11:21 AM
Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (JD) |
||
|
adr
Automatic Referral to Mediation
Mon 11/02 11:21 AM
AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at[LINK:http://www.nywd.uscourts.gov/alternative-dispute-resolution] .(JD) |
||
|
notice
Notice of Availability of Magistrate Judge
Mon 11/02 11:22 AM
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at[LINK:http://www.uscourts.gov/services-forms/forms] . (JD) |
||
| Friday, October 30, 2020 | ||
| 1 | 1
3
pgs
notice
Notice of Removal
Fri 10/30 11:23 AM
NOTICE OF REMOVAL by All Defendants from Monroe County Supreme Court, case number E202004930. (Filing fee $ 400 receipt number 0209-4030996), filed by All Defendants.(Flansburg, Chad) |
|
|
Att: 1
Exhibit A to Notice of Removal,
|
||
|
Att: 2
Civil Cover Sheet,
|
||
|
Att: 3
Corporate Disclosure (Argonaut Insurance Company),
|
||
|
Att: 4
Corporate Disclosure (United Structures of America, Inc.)
|
||