Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

10-50067 - United States of America et al v. Alacran Contracting, LLC et al


Download Files

Metadata

Document in Context
10-50067 - United States of America et al v. Alacran Contracting, LLC et al
September 27, 2011
PDF | More
WRITTEN Opinion entered by the Honorable Philip G. Reinhard on 9/27/2011: For the reasons stated below, plaintiff's motion to strike additional defenses is granted without prejudice as to 1) Alacran's additional defenses of estoppel, laches, and waiver set forth as its seventh additional defense to Count I, second additional defense to Count II and second additional defense to Count III, 2) Liberty's additional defenses of estoppel, laches, and waiver set forth as its sixth additional defense to Count I, and second additional defense to Count II, and 3) Liberty's redundant fifth and sixth additional defenses to Count II. Plaintiff's motion to strike is denied as to all other additional defenses of Alacron and Liberty. 40 41 [For further details see order.]Electronic notice(jat, )
October 21, 2014
PDF | More
ORDER with REPORT AND RECOMMENDATIONS Motion hearings held on 10/21/2014 in cases 3:10-cv-50067 and 3:11-cv-50126. The motions to enforce filed in 3:10-cv-50067 by Plaintiff Sunlee Development LLC 87 and in 3:11-cv-50126 by Alliance Mechanical, Inc. 132 are granted in part and entered and continued in part as follows: Defendant Alacran Contracting, LLC to produce the 14 categories of documents detailed on page 5 of the motions by close of business on 10/27/2014. It is the Court's Report and Recommendation that Alacran Contracting be barred from introducing any document in support of any motion, at any hearing, or at trial that was not previously produced by the 10/27/2014 deadline. The deadline for any objection to this Report and Recommendation is 11/7/2014. The status hearing set for 10/23/2014 is stricken with no appearances required on that date. Status and continuation of the hearing on the motion to enforce set for 11/3/2014 at 10:00 AM. Signed by the Honorable Iain D. Johnston on 10/21/2014:(yxp, )
October 27, 2014
PDF | More
MEMORANDUM Opinion and Order This matter comes before the Court on the Plaintiffs motions for leave to file amended complaints in Case Nos. 10 CV 50067 (Dkt. 75) and 11 CV 50126 (Dkt. 126). For the reasons set forth below, the United States and Sunlee Developments motion for leave to file a third amended complaint in 10 CV 50067 (Dkt. 75) is granted in part and denied in part, while the United States and Alliance Mechanicals motion for leave to file a fourth amended complaint in 11 CV 50126 (Dkt. 126) is denied. (See attachment for full detail.) Signed by the Honorable Iain D. Johnston on 10/27/2014: (yxp, )
November 10, 2014
PDF | More
ORDER signed by the Honorable Philip G. Reinhard on 11/10/2014: On 10/21/2014, Magistrate Judge Johnston entered a report and recommendation in cases10 C 50067 89 and 11 C 50126 134 recommending that Alacran Contracting, LLC be barred from introducing any document in support of any motion, at any hearing, or at trial that was not previously produced by 10/27/2014. No timely objection has been filed. The court has reviewed the record and accepts the report and recommendation. It is the order of the court that Alacran Contracting, LLC is barred from introducing any document in support of any motion, at any hearing, or at trial that was not previously produced by 10/27/2014. Mailed notice (ngm, )
March 20, 2015
PDF | More
ORDER, REPORT AND RECOMMENDATIONS It is this Courts Report and Recommendation that an order of default be entered against defendant Alacran Contracting, LLC for the reasons detailed below. Any objection must be filed by 4/6/2015. Telephonic status hearing set for 4/23/2015 at 9:00AM. By 4/21/2015 counsel shall provide telephone numbers for the status hearing to the Courts operations specialist, who will initiate the call. (See attachment for full detail.) Signed by the Honorable Iain D. Johnston on 3/20/2015. Mailed notice (yxp, )
April 7, 2015
PDF | More
ORDER with STATEMENT signed by the Honorable Philip G. Reinhard on 4/7/2015: The court has reviewed the record and accepts the report and recommendation. The court finds defendant Alacran Contracting, LLC in default pursuant to Fed. R. Civ. P. 55 (a) for failure to otherwise defend, Fed. R. Civ. P. 37(c) for failure to comply with plaintiff's discovery requests, as well as pursuant to the court's inherent authority to sanction litigants who abuse the judicial process. Alacran's counterclaims 100 are stricken pursuant to Fed. R. Civ. P. 41(b) for want of prosecution. Mailed notice (ngm, )
October 5, 2015
PDF | More
ORDER/WRITTEN Opinion signed by the Honorable Philip G. Reinhard on 10/5/2015: For the reasons stated below, Alacran's motion 148 to set aside the entry of default and reinstate its counterclaims is denied. (See attached Statement-Opinion) Mailed notice(ngm, )
December 2, 2015
PDF | More
ORDER/WRITTEN OPINION signed by the Honorable Philip G. Reinhard on 12/2/2015: For the reasons stated below, Alacran's motion 158 to reconsider is denied. (See attached Statement-Opinion) Mailed notice (ngm, )
November 22, 2016
PDF | More
ORDER, STATEMENT-OPINION: For the reasons stated below, plaintiff's motion 212 for reconsideration is denied. Signed by the Honorable Philip G. Reinhard on 11/22/2016. Mailed notice (jp, )
March 13, 2018
PDF | More
REPORT AND RECOMMENDATIONS; It is this Court's Report and Recommendation that Plaintiff's complaint be dismissed as untimely. It is further this Court's recommendation that Liberty Mutual Insurance Companys Motion in Limine 263 be denied. Any objection to this Report and Recommendation must be filed by March 27, 2018. Failure to object may constitute a waiver of objections on appeal. See Provident Bank v. Manor Steel Corp., 882 F.2d 258, 260 (7th Cir. 1989). (See attachment for full detail.) Signed by the Honorable Iain D. Johnston on 3/13/2018: (yxp, )
May 2, 2018
PDF | More
ORDER Adopting Report and Recommendations signed by the Honorable Philip G. Reinhard on 5/2/2018: After conducting an evidentiary hearing on October 11, 2017, Magistrate Judge Johnston, on March 13, 2018, entered a report and recommendation 269 t default judgment against Alacran Contracting, LLC ("Alacran"). An order of default 123 previously was entered against Alacran. This appears to be the only matter remaining in this case. Electronic notice (kms)hat plaintiff's claim under the Miller Act (Count I) be barred as untimely and that Liberty Mutual's motion in limine 263 be denied. The report and recommendation found plaintiff failed to meet its burden of proving the action was brought no later than one year after the day on which the last labor was performed or material supplied by the person bringing the action as required by 40 U.S.C. ยง 3133(b)(4). Plaintiff bears this burden because bringing suit "within the prescribed time is a condition precedent to the right to maintain the action." U.S. for Use and Benefit of PRN Associates, Inc. v. K & S Enterprises, Inc., No. 1:04-cv-0470-DFH-JMS, 2007 WL 925267, *4 (S.D. Ind. March 27, 2007) (Hamilton, J.), quoting, U.S. for Use and Benefit of Material Service Division of General Dynamics Corp. v. Home Indemnity Co., 489 F.2d 1004, 1005 (7th Cir. 1973). Objections to the report and recommendation were originally due March 27, 2018. Magistrate Judge Johnston subsequently extended the time for filing objections until May 1, 2018 278. No objections have been filed. The court has reviewed the record and accepts the report and recommendation. The court finds plaintiff's claim under the Miller Act (Count I) was untimely filed and, therefore, is barred. Liberty Mutual's motion in limine 263 is denied. Plaintiff is ordered to file a status report on or before May 16, 2018 informing the court as to its intentions concerning seeking a