Sampson Construction Co., Inc. v. Developers Surety and Indemnity Company

Nebraska District Court
Judge:John M Gerrard
Case #: 4:20-cv-03149
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity-Breach of Contract
Case Filed:Dec 03, 2020
Terminated:Aug 04, 2022
Case in other court:District Court of Lancaster County, Nebraska, D02CI200001945
Last checked: Tuesday Jun 01, 2021 3:34 AM CDT
Defendant
Developers Surety and Indemnity Company
17771 Cowan, Suite 100
Irvine, CA 92614
Represented By
Shane C. Mecham
Levy, Craig Law Firm
contact info
Plaintiff
Sampson Construction Co., Inc.
5825 South 14th Street c/o Matt G. Graff
Lincoln, NE 68512
Represented By
Matthew G. Graff
Sampson Construction Company
contact info
Anthony L. Osborn
Gehling, Osborn Law Firm
contact info

GPO Feb 18 2021
PROTECTIVE ORDER- Upon consideration of the parties' Joint Motion for Protective Order, (Doc. 16), the Court enters the following Protective Order governing the disclosure of confidential material by a producing party to a receiving party in this action. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
GPO Apr 28 2021
ORDER - All progression and discovery deadlines are stayed pending further order of the court. ( Status Conference set for 7/16/2021 at 09:00 AM by Telephone before Magistrate Judge Cheryl R. Zwart. A telephonic status conference to discuss the outcome of the parties planned mediation is set for July 16, 2021 at 9:00 a.m. before the undersigned magistrate judge. The conference will be cancelled on advanced notice from the parties that this case has settled. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)

Docket last updated: 4 hours ago
Thursday, August 04, 2022
26 26 order Judgment ~Util - Terminate Motion and R&R Deadlines/Hearings ~Util - Terminate Civil Case Thu 08/04 8:54 AM
JUDGMENT - On the parties' joint stipulation for dismissal (filing25 ), this case is dismissed with prejudice, each party to bear its own costs. Ordered by Judge John M. Gerrard. (MKR)
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Wednesday, August 03, 2022
25 25 motion Stipulation of Dismissal Wed 08/03 3:37 PM
JOINT STIPULATION FOR DISMISSAL with Prejudice by Attorney Shane C. Mecham on behalf of Defendant Developers Surety and Indemnity Company.(Mecham, Shane)
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Tuesday, February 08, 2022
24 24 1 pgs order Order on Motion to Stay Tue 02/08 1:51 PM
ORDER granting the23 Motion to Stay, and this case is stayed pending further order of the court. Beginning September 8, 2022, Defendant shall file a report on this courts docket which explains the current status of the pending related state court case. Defendant shall file a similar report every 90 days thereafter until the related case is complete. The Clerk of the United States District Court for the District of Nebraska shall close this case for statistical purposes and set an internal case management deadline of September 8, 2022. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
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Tuesday, February 01, 2022
23 23 motion Stay Tue 02/01 12:44 PM
MOTION to Stay Case and Brief in Support by Attorney Shane C. Mecham on behalf of Defendant Developers Surety and Indemnity Company.(Mecham, Shane)
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Att: 1 Exhibit A - Amended Scheduling Order in the State Court Action
Monday, August 02, 2021
22 22 2 pgs order Order Setting Final Schedule for Progression of a Civil Case (NEW) Mon 08/02 12:05 PM
AMENDED PROGRESSION ORDER - Depositions, whether or not they are intended to be used at any evidentiary proceeding, will be completed by April 22, 2022. The trial and pretrial conference will not be set at this time. A status conference to discuss case progression, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on February 8, 2022 at 10:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Thursday, July 29, 2021
21 21 oth_doc Supplement Thu 07/29 2:38 PM
SUPPLEMENT regarding Order, Set/Reset All Deadlines 20 by Attorney Shane C. Mecham on behalf of Defendant Developers Surety and Indemnity Company.(Mecham, Shane)
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Thursday, July 15, 2021
20 20 order Order ~Util - Set/Reset All Deadlines Thu 07/15 4:47 PM
TEXT ORDER: Upon notice from the parties, this case was not resolved by mediation. The parties' joint, supplemental Rule 26(f) Meeting Report is due on or before July 29, 2021. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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Monday, July 12, 2021
19 19 order ~Util - Set/Reset All Deadlines Order Setting Hearing or Trial Mon 07/12 12:19 PM
TEXT ORDER On or before July 16, 2021, the parties shall email a joint status report to zwart@ned.uscourts.gov regarding the status of the scheduled mediation. The Status Conference set for July 16, 2021 is continued and will be reset following mediation, if needed. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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Wednesday, April 28, 2021
18 18 1 pgs order Order ~Util - Set/Reset All Hearings ~Util - Terminate Deadlines and Hearings Wed 04/28 1:10 PM
ORDER - All progression and discovery deadlines are stayed pending further order of the court. ( Status Conference set for 7/16/2021 at 09:00 AM by Telephone before Magistrate Judge Cheryl R. Zwart. A telephonic status conference to discuss the outcome of the parties planned mediation is set for July 16, 2021 at 9:00 a.m. before the undersigned magistrate judge. The conference will be cancelled on advanced notice from the parties that this case has settled. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
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Thursday, February 18, 2021
17 17 15 pgs order Order on Motion for Protective Order Thu 02/18 10:31 AM
PROTECTIVE ORDER- Upon consideration of the parties' Joint Motion for Protective Order, (Doc.16 ), the Court enters the following Protective Order governing the disclosure of confidential material by a producing party to a receiving party in this action. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
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Monday, February 15, 2021
16 16 motion Protective Order Mon 02/15 11:07 AM
JOINT MOTION for Protective Order by Attorney Shane C. Mecham on behalf of Defendant Developers Surety and Indemnity Company.(Mecham, Shane)
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Friday, February 05, 2021
15 15 notice Notice (Other) Fri 02/05 3:06 PM
NOTICE of Service of Developers Surety and Indemnity Companys Rule 26(a)(1) Initial Disclosures by Attorney Shane C. Mecham on behalf of Defendant Developers Surety and Indemnity Company (Mecham, Shane)
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14 14 notice Notice (Other) Fri 02/05 12:32 PM
NOTICE of Service by Attorney Anthony L. Osborn on behalf of Plaintiff Sampson Construction Co., Inc. (Osborn, Anthony)
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Tuesday, January 19, 2021
13 13 3 pgs order Order Setting Final Schedule for Progression of a Civil Case (NEW) Tue 01/19 10:54 AM
FINAL PROGRESSION ORDER - The deposition deadline, including but not limited to depositions for oral testimony only under Rule 45, is December 31, 2021. The trial and pretrial conference will not be set at this time. A status conference to discuss case progression, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on July 6, 2021 at 10:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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12 12 order Order Setting Hearing or Trial Tue 01/19 9:57 AM
TEXT ORDER CANCELLING HEARING: The planning conference set for January 19, 2021 at 10:00 AM before the undersigned magistrate judge is cancelled. Ordered by Magistrate Judge Cheryl R. Zwart. (JLK)
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Tuesday, January 12, 2021
11 11 order Order Setting Hearing or Trial Tue 01/12 12:59 PM
TEXT ORDER SETTING HEARING: A telephonic planning conference is set for January 19, 2021 at 10:00 AM before Magistrate Judge Cheryl R. Zwart. Counsel shall use the case conference instructions assigned to this case to participate. Ordered by Magistrate Judge Cheryl R. Zwart. (JLK)
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10 10 oth_doc Corporate Disclosure Statement Pursuant to Fed. R. Civ. P. 7.1 Tue 01/12 10:31 AM
CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Anthony L. Osborn on behalf of Plaintiff Sampson Construction Co., Inc..(Osborn, Anthony)
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Friday, January 08, 2021
9 9 order Order - Consent (TEXT ONLY) Fri 01/08 8:57 AM
TEXT ORDER: The parties did not consent, in writing, to disposition of the case by a magistrate judge. Pursuant to NEGenR.1.4(a)(3)(C)(ii). Case reassigned to Chief Judge John M. Gerrard and Magistrate Judge Cheryl R. Zwart. Magistrate Judge Cheryl R. Zwart no longer assigned to case. Ordered by Deputy Clerk. (MKR)
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Thursday, January 07, 2021
8 8 oth_doc Report of Rule 26(f) Planning Meeting Thu 01/07 4:03 PM
REPORT of Rule 26(f) Planning Meeting by Attorney Shane C. Mecham on behalf of Defendant Developers Surety and Indemnity Company.(Mecham, Shane)
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Monday, December 07, 2020
7 7 order Restricted Order Pursuant to E-Government Act Mon 12/07 12:59 PM
RESTRICTED CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
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6 6 order Scheduling Order - Consent Mon 12/07 12:59 PM
SCHEDULING ORDER - CONSENT Rule 26 Meeting Report Deadline set for 1/7/2021. Consent Deadline set for 1/11/2021.Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
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Thursday, December 03, 2020
5 5 oth_ans Answer to Complaint (Notice of Removal) Thu 12/03 4:29 PM
ANSWER to Notice of Removal Complaint regarding: Notice of Removal Attorney - Complaint,1 Jury Trial Requested by Developers Surety and Indemnity Company (Mecham, Shane)
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4 4 notice Notice Regarding Corporate Disclosure Statement Thu 12/03 4:28 PM
TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Sampson Construction Co., Inc. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(TCL)
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3 3 oth_evt Assignment of Judges Thu 12/03 4:26 PM
TEXT NOTICE OF JUDGES ASSIGNED: Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (TCL)
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2 2 oth_doc Corporate Disclosure Statement Pursuant to Fed. R. Civ. P. 7.1 Thu 12/03 4:13 PM
CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Shane C. Mecham on behalf of Defendant Developers Surety and Indemnity Company.(Mecham, Shane)
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1 1 cmp Notice of Removal Thu 12/03 4:11 PM
NOTICE OF REMOVAL against Sampson Construction Co., Inc. from District Court of Lancaster County, Case number D02CI200001945 ( Filing fee $ 400, receipt number ANEDC-4292273) with attached state court pleadings, by Attorney Shane C. Mecham on behalf of Developers Surety and Indemnity Company(Mecham, Shane)
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Att: 1 Exhibit A- Lancaster County Filings-Petition and Summons,
Att: 2 Exhibit B-Affidavit of Jason Leiker