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11-50126 - United States of America et al v. Alacran Contracting, LLC et al


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11-50126 - United States of America et al v. Alacran Contracting, LLC et al
January 18, 2011
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Opinion and Order signed by Judge James S. Gwin on 1/18/11. For the reasons set forth in this entry, the Court grants plaintiffs' motion to file a second amended complaint and denies as moot defendants' motion to dismiss Count III of the amended complaint. (Related Doc. 51, 56) (M,G) [Transferred from Ohio Northern on 5/3/2011.]
March 25, 2011
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Opinion and Order signed by Judge James S. Gwin on 3/25/11. The Court denies defendants' motion for summary judgment, denies plaintiff's motion for summary judgment and denies defendants' motion for sanctions. (Related Docs. 65, 66, 70) (M,G) [Transferred from Ohio Northern on 5/3/2011.]
October 27, 2014
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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, )
March 20, 2015
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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. Signed by the Honorable Iain D. Johnston on 3/20/2015. Mailed notice (yxp, )
April 7, 2015
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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. Mailed notice (ngm, )
October 5, 2015
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ORDER/WRITTEN Opinion signed by the Honorable Philip G. Reinhard on 10/5/2015: For the reasons stated below, Alacran's motion to set aside default 184 is denied. Mailed notice(ngm, ) (Main Document 195 replaced on 10/5/2015) (ngm, ).
December 2, 2015
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ORDER/WRITTEN OPINION signed by the Honorable Philip G. Reinhard on 12/2/2015: For the reasons stated below, Alacran's motion 197 to reconsider is denied. (See attached Statement-Opinion) Mailed notice (ngm, )
November 22, 2016
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ORDER, STATEMENT-OPINION: For the reasons stated below, plaintiff's motion 249 for reconsideration is denied. Signed by the Honorable Philip G. Reinhard on 11/22/2016. Mailed notice (jp, )
March 13, 2018
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.) Signed by the Honorable Iain D. Johnston on 3/13/2018: (yxp, )REPORT AND RECOMMENDATIONS; It is this Courts Report and Recommendation that Plaintiffs complaint be dismissed as untimely. It is further this Courts recommendation that Liberty Mutual Insurance Companys Motions in Limine 297 298 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
May 2, 2018
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erning seeking a default judgment against Alacran Contracting, LLC ("Alacran"). An order of default 163 previously was entered against Alacran. This appears to be the only matter remaining in this case. Electronic notice (kms)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 303 that plaintiff's claim under the Miller Act (Count I) be barred as untimely and that Liberty Mutual's motions in limine 297 298 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 312. 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 motions in limine 297 298 are denied. Plaintiff is ordered to file a status report on or before May 16, 2018 informing the court as to its intentions conc