Fidelity and Deposit Company of Maryland v. WAI Construction Group, LLC et al
| Ohio Southern District Court | |
| Judge: | Sarah D Morrison |
| Referred: | Elizabeth Preston Deavers |
| Case #: | 2:24-cv-04139 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Nov 07, 2024 |
| Last checked: Tuesday May 06, 2025 5:01 AM EDT |
|
Defendant
Douglas Collins
|
Represented By
|
|
Defendant
Tracy Collins
|
Represented By
|
|
Defendant
Jennifer Moore
|
Represented By
|
|
Defendant
Steven Moore
|
Represented By
|
|
Defendant
WAI Construction Group, LLC
|
Represented By
|
|
Defendant
WAI Properties, LLC
|
Represented By
|
|
Defendant
Wastren Properties, LLC
|
Represented By
|
|
Plaintiff
Fidelity and Deposit Company of Maryland
1299 Zurich Way
Schaumburg, IL 60196 |
Represented By
|
| TERMINATED PARTIES | |
|
Defendant
Donna Gardner
Terminated: 02/18/2025
|
|
|
Defendant
James Gardner
Terminated: 02/18/2025
|
|
| Docket last updated: 7 hours ago |
| Wednesday, May 07, 2025 | ||
| 35 | 35
1
pgs
order
Order on Motion for Extension of Time
Wed 05/07 4:18 PM
ORDER granting34 Motion for Extension of Time. Defendants shall respond to Plaintiffs Motion for Preliminary Injunction (ECF No. 25) on or before Wednesday May 28, 2025. Signed by Magistrate Judge Elizabeth Preston Deavers on May 7, 2025. (jlk) |
|
| 34 | 34
motion
Extension of Time
Wed 05/07 12:28 PM
MOTION for Extension of Time New date requested 5/28/2025. by Defendant WAI Construction Group, LLC. (Gambill, John) |
|
|
Att: 1
Text of Proposed Order Order Granting Consent Motion for Enlargement of Time to Respond to Plaintiff's Motion for Preliminary Injunction
|
||
| Tuesday, May 06, 2025 | ||
| 33 | 33
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Tue 05/06 1:08 PM
ORDER granting32 Defendants' Motion for for Enlargement of Time to Respond to25 Plaintiff's Motion for Preliminary Injunction. Defendants may have until MAY 7, 2025, to file their Response. Signed by Magistrate Judge Elizabeth Preston Deavers on 5/6/25. (sem) |
|
| Wednesday, April 23, 2025 | ||
| 32 | 32
motion
Extension of Time
Wed 04/23 2:12 PM
Unopposed MOTION for Extension of Time New date requested 5/7/2025. by Defendant WAI Construction Group, LLC. (Gambill, John) |
|
|
Att: 1
Text of Proposed Order Proposed Order Granting Motion for Enlargement of Time
|
||
| Monday, April 07, 2025 | ||
| 31 | 31
1
pgs
order
Order on Motion for Extension of Time
Mon 04/07 2:42 PM
ORDER granting30 Motion for Extension of Time. Set/Reset Deadlines as to25 MOTION for Preliminary Injunction against Certain Defendants . Responses due by 4/23/2025. Signed by Magistrate Judge Elizabeth Preston Deavers on April 7, 2025. (jlk) |
|
|
utility
Set Motion and R&R Deadlines/Hearings
Mon 04/07 2:42 PM
Set/Reset Deadlines as to25 MOTION for Preliminary Injunction against Certain Defendants . Responses due by 4/23/2025 (jlk) |
||
| Friday, April 04, 2025 | ||
| 30 | 30
motion
Extension of Time
Fri 04/04 5:46 PM
Unopposed MOTION for Extension of Time New date requested 4/23/2025. to Respond to Plaintiff's Motion for Preliminary Injunction by Defendant WAI Construction Group, LLC. (Gambill, John) |
|
|
Att: 1
Text of Proposed Order Order Granting Unopposed Motion for Enlargement of Time to Respond to Plaintiff's Motion for Preliminary Injunction
|
||
| Thursday, March 20, 2025 | ||
| 29 | 29
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Thu 03/20 2:20 PM
ORDER granting28 Motion for Extension of Time to File Response/Reply re25 MOTION for Preliminary Injunction against Certain Defendants Responses due by 4/9/2025. Signed by Magistrate Judge Elizabeth Preston Deavers on 3/20/2025. (vb) |
|
| 28 | 28
motion
Extension of Time to File Response/Reply
Thu 03/20 9:57 AM
Unopposed MOTION for Extension of Time New date requested 4/9/2025. by Defendant WAI Construction Group, LLC. (Gambill, John) Modified on 3/20/2025 (vb) |
|
|
Att: 1
Text of Proposed Order Order Granting Unopposed Motion for Enlargement of Time to Respond to Plaintiff's Motion for Preliminary Injunction
|
||
| Thursday, March 13, 2025 | ||
| 27 | 27
order
Columbus Preliminary Pretrial Order
Thu 03/13 4:31 PM
PRELIMINARY PRETRIAL ORDER: The Court adopts the following schedule: Joinder of Parties due by 4/25/2025. Motions to Amend due by 4/25/2025. Initial Disclosures due by 3/27/2025. Discovery due by 12/12/2025. If the parties are unable to reach an agreement on any matter related to discovery, they are directed to arrange a conference with the Court. Dispositive motions due by 2/13/2026. Primary Expert due by 9/12/2025. Rebuttal Expert due by 10/27/2025. Settlement Demand due by 5/12/2025. Response to Settlement Demand due by 5/26/2025. Mediation Deadline: 11/2025. Signed by Magistrate Judge Elizabeth Preston Deavers on March 13, 2025. (jlk) |
|
| Tuesday, March 11, 2025 | ||
|
notice
Notice (Other)
Tue 03/11 3:11 PM
NOTICE VACATING 24 Notice of Hearing: Initial Conference set for 3/13/2025 10:30 AM in Zoom Meeting before Magistrate Judge Elizabeth Preston Deavers per Rule 26(f) Report/email from counsel. (jlk) |
||
| Thursday, March 06, 2025 | ||
| 26 | 26
misc
Rule 26(f) Report
Thu 03/06 6:49 PM
RULE 26(f) REPORT by Plaintiff Fidelity and Deposit Company of Maryland. (Stone, Jarrod) |
|
| Wednesday, March 05, 2025 | ||
| 25 | 25
motion
Preliminary Injunction
Wed 03/05 1:55 PM
MOTION for Preliminary Injunction against Certain Defendants by Plaintiff Fidelity and Deposit Company of Maryland. (Stone, Jarrod) |
|
|
Att: 1
Exhibit Declaration of Niel Franzese in Support of Plaintiff's Motion for Preliminary Injunction against Certain Defendants
|
||
| Tuesday, February 18, 2025 | ||
| 23 | 23
2
pgs
order
Order on Motion to Dismiss
Tue 02/18 2:26 PM
ORDER granting ECF22 . Construing the subject Motion as a Motion to Sever pursuant to Rule 21, the Court GRANTS the Motion and DISMISSES Plaintiff's claims against Defendants James Gardner and Donna Gardner. Signed by Magistrate Judge Elizabeth Preston Deavers on 2/18/2025. (vb) |
|
| Friday, February 14, 2025 | ||
| 22 | 22
misc
Stipulation of Dismissal
Fri 02/14 2:07 PM
STIPULATION of Dismissal of Claims against Defendants James Gardner and Donna Gardner without Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) by Plaintiff Fidelity and Deposit Company of Maryland. (Stone, Jarrod) |
|
| Thursday, February 06, 2025 | ||
| 21 | 21
2
pgs
order
Order to Show Cause
Thu 02/06 4:33 PM
ORDER TO SHOW CAUSE: Plaintiff is ORDERED to SHOW CAUSE within 21 DAYS of the date of this order why the action should not be dismissed and why an extension of time to effect service on Defendants James Gardner and Donna Gardner should be allowed. The good cause showing should be supported with sworn affidavits. Plaintiff is CAUTIONED that failure to comply with the Court's order may result in a dismissal of its claims against Defendants James Gardner and Donna Gardner. Show Cause Response due by 2/27/2025. Signed by Magistrate Judge Elizabeth Preston Deavers on 2/6/2025. (vb) |
|
| Tuesday, January 14, 2025 | ||
| 20 | 20
18
pgs
answer
Answer to Complaint
Tue 01/14 4:10 PM
ANSWER to1 Complaint,,, with Jury Demand filed by Steven Moore, Jennifer Moore, Douglas Collins, Tracy Collins, and filed by Wastren Properties, LLC. (Gambill, John) |
|
| 19 | 19
17
pgs
answer
Answer to Complaint
Tue 01/14 4:07 PM
ANSWER to1 Complaint,,, with Jury Demand filed by WAI Properties, LLC. (Gambill, John) |
|
| 18 | 18
18
pgs
answer
Answer to Complaint
Tue 01/14 4:05 PM
ANSWER to1 Complaint,,, with Jury Demand filed by WAI Construction Group, LLC. (Gambill, John) |
|
| Tuesday, December 31, 2024 | ||
| 17 | 17
1
pgs
order
Order on Motion for Extension of Time to Answer
Tue 12/31 12:53 PM
ORDER granting16 Motion for Extension of Time to Answer. Douglas Collins answer due 1/14/2025; Tracy Collins answer due 1/14/2025; Jennifer Moore answer due 1/14/2025; Steven Moore answer due 1/14/2025; WAI Construction Group, LLC answer due 1/14/2025; WAI Properties, LLC answer due 1/14/2025; Wastren Properties, LLC answer due 1/14/2025. Signed by Magistrate Judge Elizabeth Preston Deavers on 12/31/24. (sem) |
|
| Monday, December 30, 2024 | ||
| 16 | 16
5
pgs
motion
Extension of Time to File Answer
Mon 12/30 4:47 PM
MOTION for Extension of Time to File Answer re1 Complaint,,, New date requested 1/14/2025. by Defendants WAI Properties, LLC, WAI Construction Group, LLC, Wastren Properties, LLC, Steven Moore, Jennifer Moore, James Gardner, Donna Gardner, Douglas Collins, Tracy Collins. (Gambill, John) |
|
|
Att: 1
Text of Proposed Order
|
||
| Tuesday, December 17, 2024 | ||
| 15 | 15
service
Summons Returned Executed
Tue 12/17 1:46 PM
SUMMONS Returned Executed as to Defendant Wastren Properties, LLC. Wastren Properties, LLC served on 12/10/2024, answer due 12/31/2024. (Stone, Jarrod) |
|
| 14 | 14
service
Summons Returned Executed
Tue 12/17 1:45 PM
SUMMONS Returned Executed as to Defendant WAI Properties, LLC. WAI Properties, LLC served on 12/11/2024, answer due 1/2/2025. (Stone, Jarrod) |
|
| 13 | 13
service
Summons Returned Executed
Tue 12/17 1:44 PM
SUMMONS Returned Executed as to Defendant WAI Construction Group, LLC. WAI Construction Group, LLC served on 12/10/2024, answer due 12/31/2024. (Stone, Jarrod) |
|
| 12 | 12
service
Summons Returned Executed
Tue 12/17 1:42 PM
SUMMONS Returned Executed as to Defendant Tracy Collins. Tracy Collins served on 12/10/2024, answer due 12/31/2024. (Stone, Jarrod) |
|
| 11 | 11
service
Summons Returned Executed
Tue 12/17 1:41 PM
SUMMONS Returned Executed as to Defendant Steven Moore. Steven Moore served on 12/10/2024, answer due 12/31/2024. (Stone, Jarrod) |
|
| 10 | 10
service
Summons Returned Executed
Tue 12/17 1:40 PM
SUMMONS Returned Executed as to Defendant Jennifer Moore. Jennifer Moore served on 12/10/2024, answer due 12/31/2024. (Stone, Jarrod) |
|
| 9 | 9
3
pgs
service
Summons Returned Executed
Tue 12/17 1:39 PM
SUMMONS Returned Executed as to Defendant Douglas Collins. Douglas Collins served on 12/10/2024, answer due 12/31/2024. (Stone, Jarrod) |
|
| Wednesday, December 11, 2024 | ||
| 8 | 8
service
Summons Issued
Wed 12/11 9:24 AM
Summons Issued as to WAI Properties, LLC (kk2) |
|
| Tuesday, December 10, 2024 | ||
| 7 | 7
service
Request for Issuance of Summons
Tue 12/10 6:57 PM
REQUEST for Issuance of Summons. to WAI Properties, LLC (Stone, Jarrod) |
|
| Friday, November 08, 2024 | ||
| 6 | 6
notice
Notice (Other)
Fri 11/08 9:27 AM
NOTICE OF NON-ISSUANCE OF SUMMONS. (mas) |
|
| 5 | 5
12
pgs
service
Summons Issued
Fri 11/08 9:11 AM
Summons Issued as to Douglas Collins, Tracy Collins, Jennifer Moore, Steven Moore, WAI Construction Group, LLC, Wastren Properties, LLC. (mas) |
|
| Thursday, November 07, 2024 | ||
| 4 | 4
1
pgs
notice
Notice of Appearance
Thu 11/07 4:13 PM
NOTICE of Appearance by Jarrod W. Stone for Plaintiff Fidelity and Deposit Company of Maryland (Stone, Jarrod) |
|
| 3 | 3
misc
Diversity Disclosure Statement - 7.1(a)(2)
Thu 11/07 3:50 PM
Rule 7.1(a)(2) Disclosure Statement by Plaintiff Fidelity and Deposit Company of Maryland. (Stone, Jarrod) |
|
| 2 | 2
misc
Corporate Disclosure Statement
Thu 11/07 3:46 PM
Corporate Disclosure Statement by Plaintiffs Fidelity and Deposit Company of Maryland, Zurich Insurance Group Ltd. identifying Corporate Parent Zurich Insurance Group Ltd. for Fidelity and Deposit Company of Maryland.. (Stone, Jarrod) |
|
| 1 | 1
38
pgs
cmp
Complaint
Thu 11/07 3:15 PM
COMPLAINT against Douglas Collins, Tracy Collins, Donna Gardner, James Gardner, Jennifer Moore, Steven Moore, WAI Construction Group, LLC, WAI Properties, LLC, Wastren Properties, LLC ( Filing fee $ 405 paid - receipt number: AOHSDC-10242725), filed by Fidelity and Deposit Company of Maryland. (Stone, Jarrod) |
|
|
Att: 1
12 pgs
Exhibit General Indemnity Agreement,
|
||
|
Att: 2
22 pgs
Exhibit Letter from F&D to Indemnitors,
|
||
|
Att: 3
2 pgs
Civil Cover Sheet Civil Cover Sheet,
|
||
|
Att: 4
2 pgs
Summons Form Summons as to Donna Gardner,
|
||
|
Att: 5
2 pgs
Summons Form Summons as to Douglas Collins,
|
||
|
Att: 6
2 pgs
Summons Form Summons as to James Gardner,
|
||
|
Att: 7
Summons Form Summons as to Jennifer Moore,
|
||
|
Att: 8
Summons Form Summons as to Steven Moore,
|
||
|
Att: 9
Summons Form Summons as to Tracy Collins,
|
||
|
Att: 10
Summons Form Summons as to WAI Construction Group, LLC,
|
||
|
Att: 11
Summons Form Summons as to Wastren Properties, LLC
|
||