This case was last updated from PACER on 11/23/2021 at 07:02:02 (UTC).

DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC v. MCN BUILD, INC. et al

Case Summary

On 12/14/2018 DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC filed a Contract - Miller Act lawsuit against MCN BUILD, INC. This case was filed in U.S. District Courts, District Of Columbia District. The Judges overseeing this case are G. Michael Harvey and Richard J. Leon. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:18-CV-02947

  • Filing Date:

    12/14/2018

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Contract - Miller Act

Judge Details

Referral Judge

G. Michael Harvey

Presiding Judge

Richard J. Leon

 

Party Details

Plaintiffs and Counter Defendants

DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC

Z-MODULAR, LLC

WESTCHESTER FIRE INSURANCE COMPANY

Defendants and Counter Claimants

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC.

ZURICH AMERICAN INSURANCE COMPANY, INC.

MCN BUILD, INC.

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Evan M. Mannering

Attorney at BAKER & HOSTETLER LLP

1050 Connecticut Avenue, Nw, Suite 1100

Washington, DC 20036

Carey S. Busen

Attorney at BAKER & HOSTETLER LLP

1050 Connecticut Avenue, Nw, Suite 1100

Washington, DC 20036

Laurin D. Quiat

Attorney at BAKER & HOSTETLER LLP

1801 California Street, Suite 4400

Denver, CO 80202

Defendant and Counter Claimant Attorneys

Sarah F. Hutchins

Attorney at PARKER POE ADAMS & BERSTEIN LLP

620 South Tryon Street, Ste 800

Charlotte, NC 28202

John G. Tamasitis

Attorney at GRAYBILL, LANCHSE & VINZANI, LLC

2721 Devine St

Columbia, SC 29205

Michael A. Goldsticker

Attorney at PARKER POE ADAMS & BERNSTEIN

301 Fayetteville St, Suite #1400

Raleigh, NC 27601

James Lynn Werner

Attorney at PARKER POE ADAMS & BERNSTEIN LLP

1221 Main Street, Suite 1100

Columbia, SC 29201

 

Court Documents

#69

#68

67 #3

Exhibit A (Sur-Reply)

67 #2

Text of Proposed Order

67 #1

Memorandum in Support

67 #67

Main Document

66 #2

Text of Proposed Order PROPOSED ORDER

66 #1

Memorandum in Support MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT

65 #1

Exhibit A: Illinois Secretary of State Information

5 #2

Text of Proposed Order

5 #1

Declaration

4 #1

Notice and Consent

#4

#3

#2

1 #2

Summons

1 #1

Civil Cover Sheet

#1

265 More Documents Available

 

Docket Entries

  • 09/23/2021
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  • Docket(#69) MEMORANDUM OPINION AND ORDER. Signed by Judge Richard J. Leon on 09/23/2021. (lcrjl3) (Entered: 09/23/2021)

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  • 08/20/2021
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  • Docket(#68) RESPONSE re #67 MOTION for Leave to File Sur-Reply filed by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Mannering, Evan) (Entered: 08/20/2021)

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  • 08/19/2021
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  • Docket(#67) MOTION for Leave to File Sur-Reply by FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., MCN BUILD, INC., ZURICH AMERICAN INSURANCE COMPANY, INC.. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Exhibit A (Sur-Reply))(Goldsticker, Michael) (Entered: 08/19/2021)

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  • 08/19/2021
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  • Docket(#66) MOTION to Strike #65 Surreply, by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Attachments: #1 Memorandum in Support MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT, #2 Text of Proposed Order PROPOSED ORDER, #3 Exhibit EXHIBIT 1, #4 Exhibit EXHIBIT 2, #5 Exhibit EXHIBIT 3)(Mannering, Evan) (Entered: 08/19/2021)

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  • 08/18/2021
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  • Docket(#65) SURREPLY to re #64 Reply to opposition to Motion, filed by FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., MCN BUILD, INC., ZURICH AMERICAN INSURANCE COMPANY, INC.. (Attachments: #1 Exhibit A: Illinois Secretary of State Information, #2 Exhibit B: Texas Comptroller of Public Accounts)(Werner, James) (Entered: 08/18/2021)

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  • 08/10/2021
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  • Docket(#64) REPLY to opposition to motion re #61 MOTION for Leave to File Amended Complaint filed by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Attachments: #1 Exhibit 1 - Declaration of Michael P. McNamara, #2 Exhibit 2 - Amended Complaint, #3 Exhibit 3 - Amended Complaint (Redline))(Mannering, Evan) (Entered: 08/10/2021)

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  • 08/03/2021
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  • Docket(#63) Memorandum in opposition to re #61 MOTION for Leave to File Amended Complaint filed by FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., MCN BUILD, INC., ZURICH AMERICAN INSURANCE COMPANY, INC.. (Attachments: #1 Exhibit A: Z-Modular Holding, Inc. Certificate of Incorporation, #2 Exhibit B: Z-Modular Holding, Inc. Application for Registration, #3 Exhibit C: Z-Modular Holding, Inc. Annual Franchise Tax Reports, #4 Exhibit D: Application for Registration for Z-Modular Killeen, #5 Exhibit E: Z-Modular, LLC Certificate of Formation, #6 Exhibit F: Z-Modular, LLC Application for Admission to Transact Business, #7 Exhibit G: Zekleman Holding, Inc. Annual Franchise Tax Reports, #8 Text of Proposed Order Proposed Order Denying Motion for Leave to Amend Complaint)(Werner, James) (Entered: 08/03/2021)

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  • 07/22/2021
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  • Docket(#62) NOTICE of Appearance by Michael A. Goldsticker on behalf of FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., MCN BUILD, INC., ZURICH AMERICAN INSURANCE COMPANY, INC. (Goldsticker, Michael) (Main Document 62 replaced on 7/26/2021) (znmw). (Entered: 07/22/2021)

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  • 07/20/2021
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  • Docket(#61) MOTION for Leave to File Amended Complaint by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Attachments: #1 Proposed Order, #2 Exhibit A - Amended Complaint, #3 Exhibit B - Redline of Amended Complaint)(Mannering, Evan) (Entered: 07/20/2021)

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  • 07/01/2021
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  • Docket(#60) ORDER. It is hereby ORDERED that plaintiff shall within 30 days of this order seek leave to amend its Complaint to include allegations necessary to establish subject-matter jurisdiction or otherwise show cause as to why the Complaint should not be dismissed for lack of jurisdiction in its current form. It is further ORDERED that defendants shall file any responsive briefs within 14 days of plaintiff's filing. It is further ORDERED that plaintiff shall file any reply within 7 days of the defendants' responsive filings. (see the order for complete details). SO ORDERED. Signed by Judge Richard J. Leon on 07/01/2021. (lcrjl3) (Entered: 07/01/2021)

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67 More Docket Entries
  • 01/10/2019
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  • (#9) NOTICE of Appearance by Sarah F. Hutchins on behalf of All Defendants (Hutchins, Sarah) (Entered: 01/10/2019)

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  • 01/04/2019
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  • (#8) WAIVER OF SERVICE by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. MCN BUILD, INC. waiver sent on 12/21/2018, answer due 2/19/2019. (Busen, Carey) Modified on 1/4/2019 to correct service/answer date (jf). (Entered: 01/04/2019)

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  • 01/04/2019
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  • (#7) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ZURICH AMERICAN INSURANCE COMPANY, INC. served on 12/21/2018, answer due 1/11/2019 (Busen, Carey) (Entered: 01/04/2019)

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  • 01/04/2019
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  • (#6) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC. served on 12/21/2018, answer due 1/11/2019 (Busen, Carey) (Entered: 01/04/2019)

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  • 12/21/2018
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  • (#5) MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Laurin D. Quiat, :Firm- Baker & Hostetler LLP, :Address- lquiat@bakerlaw.com. Phone No. - (303) 764-4136. Fax No. - (303) 861-7805 Filing fee $ 100, receipt number 0090-5854227. Fee Status: Fee Paid. by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC (Attachments: #1 Declaration, #2 Text of Proposed Order)(Busen, Carey) (Entered: 12/21/2018)

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  • 12/20/2018
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  • (#4) SUMMONS (3) Issued Electronically as to FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., MCN BUILD, INC., ZURICH AMERICAN INSURANCE COMPANY, INC.. (Attachments: #1 Notice and Consent)(zef, ) (Entered: 12/20/2018)

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  • 12/20/2018
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  • (#3) ERRATA corrected summons by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC #1 Complaint, filed by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Busen, Carey) (Entered: 12/20/2018)

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  • 12/20/2018
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  • (#2) ERRATA of summons by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC #1 Complaint, filed by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Busen, Carey) (Entered: 12/20/2018)

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  • 12/19/2018
  • Case Assigned to Judge Richard J. Leon. (zmd) (Entered: 12/19/2018)

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  • 12/14/2018
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  • (#1) COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0090-5839895) filed by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Busen, Carey) (Entered: 12/14/2018)

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