Case details

Court: txnd
Docket #: 1:07-cv-00096
Case Name: United States for the Use and Benefit of Hirschfeld Steel Co., Inc. v. Medlin Construction Group, Ltd. et al
PACER case #: 167147
Date filed: 2007-05-10
Date terminated: 2007-11-27
Assigned to: Judge Sam R Cummings
Case Cause: 40:270 Miller Act
Nature of Suit: 130 Contract: Miller Act
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
United States for the Use and Benefit of Hirschfeld Steel Co., Inc.
Plaintiff
Terry L Salazar
Quilling Selander Lownds Winslett & Moser PC 2001 Bryan St Suite 1800 Dallas, TX 75201 214-880-1857 Fax: 214-871-2111 Email: tsalazar@qslwm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Medlin Construction Group, Ltd.
Defendant
Roy L White
Langley & Banack Inc Trinity Plaza II 745 E Mulberry Suite 900 San Antonio, TX 78212-3666 210/736-6600 Fax: 210/735-6899 Email: rwhite@langleybanack.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Daniel P O'Connor
Law Office of Daniel P O'Connor PC 6655 First Park Ten Suite 250 San Antonio, TX 78213 210/738-8080 Fax: 210/738-8088 Email: doconnor@dpolaw.com
ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

United States Fire Insurance Company
Defendant
Roy L White
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Daniel P O'Connor
(See above for address)
ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Terry L Salazar
(See above for address)
ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Medlin Construction Group, Ltd.
Counter Claimant
United States Fire Insurance Company
Counter Claimant
Terry L Salazar
(See above for address)
ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

United States for the Use and Benefit of Hirschfeld Steel Co., Inc.
Counter Defendant
Terry L Salazar
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2007-05-10 1 0 COMPLAINT against Medlin Construction Group, Ltd., United States Fire Insurance Company filed by United States for the Use and Benefit of Hirschfeld Steel Co., Inc.. (Filing fee $350; Receipt number AB512) (jgf) (Entered: 05/14/2007)
2007-05-10 2 0 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by United States for the Use and Benefit of Hirschfeld Steel Co., Inc.. (jgf) (Entered: 05/14/2007)
2007-05-10 3 0 Summons Issued as to Medlin Construction Group, Ltd., United States Fire Insurance Company. (jgf) (Entered: 05/14/2007)
2007-05-10 4 0 Order Designating Case for ECF - see order for specifics. (Signed by Judge Sam R Cummings on 9/1/06) (jgf) (Entered: 05/14/2007)
2007-07-09 5 0 SUMMONS Returned Executed as to United States Fire Insurance Company served on 6/29/2007, answer due 7/19/2007. (Salazar, Terry) (Entered: 07/09/2007)
2007-07-23 6 0 Original ANSWER of Medlin Construction Group, LTD. and United States Fire Insurance Company by Medlin Construction Group, Ltd., United States Fire Insurance Company (njs) (Entered: 07/23/2007)
2007-07-25 7 0 SCHEDULING ORDER:Amended Pleadings due by 10/15/2007. Joinder of Parties due by 10/15/2007. Experts must be disclosed by 1/15/2008. Pre-Trial Motions and all discovery due by 5/15/2008. (Signed by Judge Sam R Cummings on 7/25/2007) (njs) (Entered: 07/25/2007)
2007-08-07 8 0 AMENDED ANSWER and COUNTERCLAIM of Defendants United States Fire Insurance Company and Medlin Construction Group, LTD by Medlin Construction Group, Ltd., United States Fire Insurance Company (njs) (Entered: 08/07/2007)
2007-08-13 9 0 Unopposed MOTION to Extend Time to file answer to counterclaim by United States for the Use and Benefit of Hirschfeld Steel Co., Inc. (Salazar, Terry) (Entered: 08/13/2007)
2007-08-13 10 0 ORDER granting 9 Motion to Enlarge time to serve its answer to Defendants' counterclaim. Plaintiff, hirschfeld Steel Co., Inc. has to and including August 31, 2007, to serve its answer to Defendant's counterclaim. (Signed by Judge Sam R Cummings on 08/13/07) (mje) (Entered: 08/13/2007)
2007-09-04 11 0 Defendants' MOTION for Leave by Medlin Construction Group, Ltd., United States Fire Insurance Company (njs) (Entered: 09/04/2007)
2007-09-05 12 0 ANSWER to Counterclaim of Defendants by United States for the Use and Benefit of Hirschfeld Steel Co., Inc. (Salazar, Terry) (Entered: 09/05/2007)
2007-09-06 13 0 ORDER: 11] Defendants' Motion for Leave to appear without local counsel is granted. (Signed by Judge Sam R Cummings on 9/6/2007) (njs) (Entered: 09/06/2007)
2007-11-13 14 0 Defendants' Unopposed MOTION to Compel Arbitration and Stay All Proceedings and Subject Thereto Motion to Abate Proceedings by Medlin Construction Group, Ltd., United States Fire Insurance Company (njs) (Entered: 11/13/2007)
2007-11-13 15 0 ORDER denying 14 Unopposed Motion to Compel Arbitration and Stay All Proceedings and Subject Thereto Motion to Abate Proceedings for failure to contain certificate of conference or signature of Plaintiff's counsel showing agreement. (Signed by Judge Sam R Cummings on 11/13/2007) (njs) (Entered: 11/14/2007)
2007-11-26 16 0 Unopposed MOTION to Stay all Proceedings and Motion to Compel Arbitration by United States Fire Insurance Company (Attachments: # 1 Text of Proposed Order Order Granting Motion to Compel Arbitration and Stay all Proceedings) (White, Roy) (Entered: 11/26/2007)
2007-11-26 17 0 ORDER: Defendants' Unopposed MOTION to Stay all Proceedings and Motion to Compel Arbitration by United States Fire Insurance Company 16 is granted. To manage the Court's docket more efficiently, all pending motions are denied and this cause is administratively closed without prejudice. (Signed by Judge Sam R Cummings on 11/26/2007) (njs) (Entered: 11/27/2007)
2007-11-26 18 0 ORDER GRANTING UNOPPOSED MOTION TO COMPEL ARBITRATION AND STAY/ABATE PROCEEDING: Plaintiff shall submit its claims against Defendants to binding arbitration pursuant to the Arbitration Agreement entered into by and among Plaintiff and Defendants. It is further ORDERED that parties' claims against each other are abated pending the final resolution of the arbitration ordered herein. (Signed by Judge Sam R Cummings on 11/26/2007) (njs) (Entered: 11/27/2007)
2008-04-11 19 0 Agreed MOTION to Dismiss by Medlin Construction Group, Ltd., United States for the Use and Benefit of Hirschfeld Steel Co., Inc., United States Fire Insurance Company (Attachments: # 1 Text of Proposed Order) (Salazar, Terry) (Entered: 04/11/2008)
2008-04-11 20 0 AGREED ORDER granting 19 Motion to Dismiss - all claims asserted in this matter are hereby dismissed with prejudice to the refiling of same. Costs incurred by each party shall be paid by party incurring same. (Signed by Judge Sam R Cummings on 4/11/08) (mje) (Entered: 04/11/2008)