Capitol Aggregates, Inc. v. IPEC, Inc.

Texas Western District Court
Judge:	Jason K Pulliam
Referred:	Richard B Farrer
Case #:	5:23-cv-00719
Nature of Suit	190 Contract - Other Contract
Cause	28:1332 Diversity-Breach of Contract

Case Filed:

Jun 02, 2023

Last checked: Wednesday Nov 29, 2023 6:00 AM CST

Defendant IPEC, Inc.	Represented By Merritt M. Clements Ray Pena & Mcchristian, PC contact info
Plaintiff Capitol Aggregates, Inc.	Represented By Harry Z. Rippeon, III Smith, Currie & Hancock LLP contact info

GPO May 08 2025
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART re 32 Motion for Summary Judgment, filed by IPEC, Inc.. Signed by Judge Jason K. Pulliam. (vl)

Docket last updated: 15 minutes ago

Monday, May 19, 2025
40		40 misc Advisory to the Court Mon 05/19 3:18 PM ADVISORY TO THE COURT by Capitol Aggregates, Inc. . (Rippeon, Harry) Related: [-]
Friday, May 16, 2025
39		39 1 pgs order Order Fri 05/16 2:32 PM ORDER STRICKING JOINT ADVISORY--- Accordingly, the parties Joint Advisory, (ECF No. 38), is STRICKEN. The parties deadline to submit a Joint Advisory complying with the Courts May 8, 2025, Order is EXTENDED to no later than 5:00 P.M., May 19, 2025.. Signed by Judge Jason K. Pulliam. (vl) Related: [-]
Thursday, May 08, 2025
37		37 2 pgs order Order Thu 05/08 10:57 AM ORDER --IT IS THEREFORE ORDERED the parties shall meaningfully confer and file a Joint Advisory advising the Court whether they agree to participate in mediation no later than Friday, May 16, 2025, at 5:00. IT IS FURTHER ORDERED the parties shall meaningfully confer and file a Second Joint Advisory advising the Court of at least three agreed potential trial dates between the period of April 2026 and June 2026, no later than Friday, May 16, 2025, at 5:00 PM.. Signed by Judge Jason K. Pulliam. (vl) Related: [-]
36		36 17 pgs order Memorandum Opinion and Order ~Util - Terminate Motions Thu 05/08 10:56 AM MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART re32 Motion for Summary Judgment, filed by IPEC, Inc.. Signed by Judge Jason K. Pulliam. (vl) Related: [-]
Monday, January 06, 2025
35		35 1 pgs order Order ~Util - Case No Longer Referred to Magistrate Judge Mon 01/06 2:09 PM ORDER RETURNING CASE TO DISTRICT COURT, CASE NO LONGER REFERRED to Magistrate Judge Richard B. Farrer. Signed by Judge Richard B. Farrer. (vl) Related: [-]
Friday, November 01, 2024
34		34 respm Reply to Response to Motion Fri 11/01 2:30 PM REPLY to Response to Motion, filed by IPEC, Inc., re32 Amended MOTION for Summary Judgment filed by Defendant IPEC, Inc. (Clements, Merritt) Related: [-]
Friday, October 25, 2024
33		33 respm Response in Opposition to Motion Fri 10/25 4:35 PM Response in Opposition to Motion, filed by Capitol Aggregates, Inc., re32 Amended MOTION for Summary Judgment filed by Defendant IPEC, Inc.(Rippeon, Harry) Related: [-]
		Att: 1 Appendix 1 - 1/16/24 Deposition Transcript of Erika Kilgore Farmer,
		Att: 2 Appendix 2 - 5/13/24 Deposition Transcript of Erika Kilgore
Friday, October 11, 2024
32		32 motion Summary Judgment Fri 10/11 5:22 PM Amended MOTION for Summary Judgment by IPEC, Inc..(Clements, Merritt) Related: [-]
		Att: 1 Appendix A - Executed Construction Services Agreement,
		Att: 2 Appendix B - Jeff Weyel deposition excerpts,
		Att: 3 Appendix C - Erika Kilgore Farmer deposition excerpts,
		Att: 4 Appendix D - Erika Kilgore Farmer depo excerpts,
		Att: 5 Proposed Order Order Granting Defendant IPEC, Inc.'s First Amended Motion for Summary Judgment
Monday, September 30, 2024
31		31 2 pgs order Order on Motion for Summary Judgment Wed 10/02 12:17 PM ORDER STRIKING 17 Motion for Summary Judgment Signed by Judge Jason K. Pulliam. (mgr) Related: [-]
Friday, September 27, 2024
30		30 respoth Amended Answer to Complaint Tue 10/01 5:00 PM FIRST AMENDED ANSWER to27 Amended Complaint by IPEC, Inc.. (mgr) Related: [-]
		order Order on Motion for Leave to File Fri 09/27 5:03 PM Text Order GRANTING29 Motion for Leave to File entered by Judge Richard B. Farrer. The Clerk is DIRECTED to file the Second Amended Answer and the exhibits attached thereto. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cjlc) Related: [-]
Monday, September 23, 2024
29		29 motion Leave to File Document Mon 09/23 10:07 AM Unopposed MOTION for Leave to File Defendant IPEC's Unopposed Motion for Leave to File Amended Answer by IPEC, Inc... Motions referred to Judge Richard B. Farrer. (Clements, Merritt) Related: [-]
		Att: 1 Exhibit A - Defendant IPEC's Second Amended Answer,
		Att: 2 Proposed Order Granting Defendant IPEC's Motion for Leave
Monday, July 22, 2024
28		28 misc Advisory to the Court Mon 07/22 1:57 PM ADVISORY TO THE COURT by IPEC, Inc. Regarding Offer of Judgment . (Clements, Merritt) Related: [-]
Tuesday, July 09, 2024
27		27 cmp Amended Complaint Tue 07/09 11:37 AM FIRST AMENDED COMPLAINT against IPEC, Inc. amending, filed by Capitol Aggregates, Inc..(vl) Related: [-]
		Att: 1 Exhibit A
		order Order on Motion for Leave to File Tue 07/09 9:55 AM Text Order GRANTING26 Plaintiff's Unopposed Motion for Leave to File First Amended Complaint. The Clerk's Office is directed to place attachments one and two on the docket with the title "First Amended Complaint." Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (HZlc) Related: [-]
Thursday, June 27, 2024
		order Order on Motion for Sanctions Thu 06/27 12:36 AM Text Order WITHDRAWING16 Defendant's Motion for Sanctions. The Motion is withdrawn based on the representations in the parties'25 Joint Advisory to the Court. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (HZlc) Related: [-]
Friday, June 21, 2024
26		26 motion Leave to File Document Fri 06/21 11:35 AM Unopposed MOTION for Leave to File First Amended Complaint by Capitol Aggregates, Inc... Motions referred to Judge Richard B. Farrer. (Rippeon, Harry) Related: [-]
		Att: 1 Exhibit 1 - First Amended Complaint,
		Att: 2 Exhibit A to First Amended Complaint,
		Att: 3 Proposed Order
Wednesday, June 12, 2024
25		25 misc Advisory to the Court Wed 06/12 10:18 AM ADVISORY TO THE COURT by IPEC, Inc. Regarding Defendant's Motion for Sanctions . (Clements, Merritt) Related: [-]
Monday, May 13, 2024
		order Order on Motion for Miscellaneous Relief Mon 05/13 2:28 PM Text Order GRANTING the parties'24 Agreed Motion Regarding Defendant's Motion for Sanctions. The parties shall hereby request appropriate relief from the Court on or before June 12, 2024. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (HZlc) Related: [-]
Friday, May 10, 2024
24		24 motion Miscellaneous Relief Fri 05/10 1:42 PM Agreed MOTION Regarding Defendant's Motion for Sanctions by IPEC, Inc... Motions referred to Judge Richard B. Farrer. (Clements, Merritt) Related: [-]
		Att: 1 Proposed Order Order Relating to Defendant's Motion for Sanctions
Wednesday, April 24, 2024
23		23 2 pgs order Order Thu 04/25 9:59 AM ORDER --IT IS THEREFORE ORDERED that on or before May 10, 2024, the parties shall confer and jointly file an agreed motion requesting one of the following: (1) withdrawal of the Motion for Sanctions; (2) a hearing on the Motion; (3) an additional 30 days (up to and including June 10, 2024) in which to continue negotiations about the Motion. If the parties negotiations are ongoingand an additional 30 days is requested, the parties are ordered to file a motion immediately upon the expiration of that additional 30-day period. Such motion should request appropriate relief from the Court with respect to the Motion for Sanctions. Signed by Judge Richard B. Farrer. (mgr) Related: [-]
Friday, March 22, 2024
22		22 misc Advisory to the Court Fri 03/22 10:59 AM ADVISORY TO THE COURT by IPEC, Inc. re Defendant's Motion for Sanctions . (Clements, Merritt) Related: [-]
21		21 respm Reply to Response to Motion Fri 03/22 10:56 AM REPLY to Response to Motion, filed by IPEC, Inc., re17 MOTION for Summary Judgment filed by Defendant IPEC, Inc. (Clements, Merritt) Related: [-]
Friday, March 15, 2024
20		20 respm Response in Opposition to Motion Fri 03/15 5:04 PM Response in Opposition to Motion, filed by Capitol Aggregates, Inc., re17 MOTION for Summary Judgment filed by Defendant IPEC, Inc.(Rippeon, Harry) Related: [-]
		Att: 1 Appendix 1
19		19 respm Response in Opposition to Motion Fri 03/15 2:21 PM Response in Opposition to Motion, filed by Capitol Aggregates, Inc., re16 MOTION for Sanctions filed by Defendant IPEC, Inc.(Rippeon, Harry) Related: [-]
		Att: 1 Appendix 1,
		Att: 2 Appendix 2
Monday, March 04, 2024
18		18 notice Notice Mon 03/04 2:14 PM NOTICE of Attorney Leave of Absence Letter by Capitol Aggregates, Inc. (Rippeon, Harry) Related: [-]
Friday, March 01, 2024
17		17 motion Summary Judgment Fri 03/01 2:58 PM MOTION for Summary Judgment by IPEC, Inc..(Clements, Merritt) Related: [-]
		Att: 1 Appendix A - Executed Construction Services Agreement,
		Att: 2 Appendix B - Jeff Weyel deposition excerpts,
		Att: 3 Appendix C - Erika Kilgore Farmer deposition excerpts,
		Att: 4 Proposed Order Granting Defendant's Motion for Summary Judgment
16		16 motion Sanctions Fri 03/01 2:22 PM MOTION for Sanctions by IPEC, Inc... Motions referred to Judge Richard B. Farrer. (Clements, Merritt) Related: [-]
		Att: 1 Appendix Appendix A - Notice of Depo Corp Rep,
		Att: 2 Appendix Appendix B - Notice of Depo Corporate Rep,
		Att: 3 Appendix Appendix C - Jeff Weyel deposition,
		Att: 4 Appendix Appendix D - Anthony Robert John deposition,
		Att: 5 Proposed Order Order Granting Defendant IPEC, Inc.'s Motion for Sanctions
Tuesday, October 03, 2023
15		15 notice Notice Tue 10/03 1:44 PM NOTICE Attorney Vacation Letter by Capitol Aggregates, Inc. (Rippeon, Harry) Related: [-]
Monday, September 11, 2023
		order Order on Motion to Withdraw as Attorney Mon 09/11 11:04 AM Text Order GRANTING14 Motion to Withdraw as Attorney. Attorney Karissa L. Fox shall be withdrawn as counsel of record for Plaintiff, Capitol Aggregates, Inc. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MClc) Related: [-]
Friday, September 08, 2023
14		14 motion Withdraw As Attorney Fri 09/08 11:51 AM MOTION to Withdraw as Attorney Karissa L. Fox by Capitol Aggregates, Inc... Motions referred to Judge Richard B. Farrer. (Rippeon, Harry) Related: [-]
Thursday, August 24, 2023
13		13 order Scheduling Order Fri 08/25 9:38 AM SCHEDULING ORDER: Amended Pleadings due by 10/13/2023, Discovery due by 2/16/2024, Motions due by 3/29/2024,. Signed by Judge Richard B. Farrer. (mgr) Related: [-]
12		12 minutes Pretrial Conference Thu 08/24 4:17 PM Minute Entry for proceedings held before Judge Richard B. Farrer: Pretrial Conference held on 8/24/2023 (Minute entry documents are not available electronically.). (Court Reporter FTR Gold.)(mgr) Related: [-]
Friday, August 18, 2023
11		11 misc Scheduling Recommendations/Proposed Scheduling Order Fri 08/18 10:37 AM Scheduling Recommendations Joint Discovery Plan and Agreed Scheduling Recommendations by IPEC, Inc.. (Clements, Merritt) Related: [-]
Monday, July 24, 2023
10		10 9 pgs order Order ~Util - Set Hearings Tue 07/25 11:28 AM ORDER REGARDING CERTAIN PRETRIAL MATTERS-- IT IS ORDERED that this case is set for an Initial Pre-Trial Conference, on August 24, 2023, at 1:30 p.m. All parties are required to appear by Zoom for the hearing. Signed by Judge Richard B. Farrer. (tm2) Related: [-]
Friday, July 21, 2023
9		9 answer Answer to Complaint Fri 07/21 1:56 PM First Amended ANSWER to1 Complaint with Jury Demand by IPEC, Inc..(Clements, Merritt) Related: [-]
Friday, June 30, 2023
8		8 answer Answer to Complaint Fri 06/30 2:38 PM Defendant IPEC, Inc.'s Original ANSWER to1 Complaint with Jury Demand . Attorney Merritt M. Clements added to party IPEC, Inc.(pty:dft) by IPEC, Inc..(Clements, Merritt) Related: [-]
Tuesday, June 27, 2023
		order Order on Motion for Extension of Time to Answer Tue 06/27 9:54 AM Text Order GRANTING7 Unopposed Motion for Extension of Time entered by Judge Richard B. Farrer. Defendant's deadline to file an answer or other responsive pleading is extended to June 30, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (AS) Related: [-]
Monday, June 26, 2023
7		7 motion Extension of Time to File Answer Mon 06/26 10:54 AM Unopposed MOTION for Extension of Time to File Answer by IPEC, Inc... Motions referred to Judge Richard B. Farrer. (Clements, Merritt) Related: [-]
		Att: 1 Proposed Order Granting Unopposed Motion for Extension of Time to File Answer
Thursday, June 08, 2023
6		6 service Summons Returned Executed Thu 06/08 1:42 PM SUMMONS Returned Executed by Capitol Aggregates, Inc.. IPEC, Inc. served on 6/6/2023, answer due 6/27/2023. (Rippeon, Harry) Related: [-]
Tuesday, June 06, 2023
5		5 4 pgs order Order Referring Case to Magistrate Judge Tue 06/06 12:03 PM ORDER REFERRING CASE to Magistrate Judge Richard B. Farrer. Signed by Judge Jason K. Pulliam. (nm) Related: [-]
4		4 5 pgs order Order Tue 06/06 6:02 AM STANDING ORDER for procedure in cases before Judge Pulliam. All parties and counsel are directed to review Judge Pulliam's Standing Order containing rules of practice, particularly the requirement of conference before filing a Motion to Dismiss under Federal Rule 12(b)(6) and demonstration of complete diversity. Failure to follow these rules of practice could result in the Court striking the Motion to Dismiss on its own initiative without further notice. Signed by Judge Jason Pulliam. (bot2) Related: [-]
Monday, June 05, 2023
3		3 service Summons Issued Mon 06/05 9:33 AM Summons Issued as to IPEC, Inc.. (nm) Related: [-]
Friday, June 02, 2023
2		2 service Request for Issuance of Summons Fri 06/02 3:52 PM REQUEST FOR ISSUANCE OF SUMMONS by Capitol Aggregates, Inc.. (Rippeon, Harry) Related: [-]
1		1 cmp Complaint Fri 06/02 3:46 PM COMPLAINT ( Filing fee $ 402 receipt number BTXWDC-17512148), filed by Capitol Aggregates, Inc..(Rippeon, Harry) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Civil Cover Sheet
		utility Case Assigned/Reassigned Mon 06/05 9:32 AM Case assigned to Judge Jason K. Pulliam. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (nm) Related: [-]
		misc To be Referred to SA Mag Judge Mon 06/05 9:32 AM If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (nm) Related: [-]

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