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This case was last updated from PACER on 05/03/2021 at 06:58:43 (UTC).

Delta Construction Corporation v. David Boland, Inc. et al

Case Summary

On 03/25/2020 Delta Construction Corporation filed a Contract - Miller Act lawsuit against David Boland, Inc. This case was filed in U.S. District Courts, Hawaii District. The Judges overseeing this case are HELEN GILLMOR and ROM TRADER. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:20-CV-00133

  • Filing Date:

    03/25/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Miller Act

  • Court:

    U.S. District Courts

  • Courthouse:

    Hawaii District

Judge Details

Presiding Judge

HELEN GILLMOR

Referral Judge

ROM TRADER

 

Party Details

Plaintiffs

United States

Delta Construction Corporation

Defendants

David Boland, Inc.

Western Surety Company

Attorney/Law Firm Details

Plaintiff Attorneys

Eric H. Tsugawa

Attorney at Tsugawa Lau & Muzzi LLLC

1132 Bishop Street Suite 2400, 531-0490

Honolulu, HI 96813

Tedson H. Koja

Attorney at Tsugawa Lau & Muzzi LLLC

1132 Bishop Street, Suite 2400, 531-0490, Fax: 534-0202

Honolulu, HI 96813

Defendant Attorneys

Anna H. Oshiro

Attorney at Damon Key Leong Kupchak Hastert

1003 Bishop Street, Suite 1600

Honolulu, HI 96813

Loren A. Seehase

Attorney at Damon Key Leong Kupchak Hastert

1003 Bishop Street, Suite 1600

Honolulu, HI 96813

Denis L. Durkin

Attorney at Baker & Hostetler LLP

200 South Orange Avenue, Suite 2300

Orlando, FL 32801-3432

Lindy K. Keown

Attorney at Baker & Hostetler LLP

200 South Orange Avenue, Suite 2300

Orlando, FL 32801

Michael S. Vitale

Attorney at Baker Hostetler LLP

200 South Orange Avenue, Suite 2300

Orlando, FL 32801-3432

 

Court Documents

#47

(#47) EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Discussion had. Parties provide update concerning mediation with Keith Hunter. Parties continue to cooperate regarding exchanging information, expert disclosures and proposals as directed by the mediator. Further mediation ongoing.Pursuant to District Judge Gillmors (ECF #37 ) Order Granting Defendant's Motion to Stay (ECF #11 ), the STAY of proceedings in this case remains in effect pending mediation.Court CONVERTS the Settlement Conference set for 5/28/2021 at 10:00 a.m. to a Confidential Telephone Conference before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (No Record / 8:45 - 8:50 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) (Entered: 04/02/2021)

#46

(#46) EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Discussion had. Parties report mediation rescheduled to 3/1/2021. Pursuant to District Judge Gillmor's (ECF #37 ) Order Granting Defendant's Motion to Stay (ECF #11 ), the STAY of proceedings in this case remains in effect pending mediation.Court sets Confidential Telephone Conference for 4/2/2021 at 8:45 a.m. before Magistrate Judge Trader. No submissions required. If case not resolved, parties to be prepared to discuss viability and timing of settlement discussions with the the Court. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code 2070326(No Record / 9:30 - 9:40 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) (Entered: 02/19/2021)

#44

(#44) EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Parties confirm mediation scheduled for 2/2/2021 with Mediator, Keith Hunter. Pursuant to District Judge Gillmor's (ECF #37 ) Order Granting Defendant's Motion to Stay (ECF #11 ), filed 8/17/2020, this case is stayed pending mediation. All pending deadlines are held in abeyance. The Settlement Conference previously scheduled for 5/28/2021 at 10:00 a.m. before Magistrate Judge Trader will remain on calendar.Court sets Confidential Telephone Conference for 2/19/2021 at 9:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326.(No Record / 9:30 - 9:40 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) (Entered: 11/10/2020)

#37

(#44) EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Parties confirm mediation scheduled for 2/2/2021 with Mediator, Keith Hunter. Pursuant to District Judge Gillmor's (ECF #37 ) Order Granting Defendant's Motion to Stay (ECF #11 ), filed 8/17/2020, this case is stayed pending mediation. All pending deadlines are held in abeyance. The Settlement Conference previously scheduled for 5/28/2021 at 10:00 a.m. before Magistrate Judge Trader will remain on calendar.Court sets Confidential Telephone Conference for 2/19/2021 at 9:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326.(No Record / 9:30 - 9:40 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) (Entered: 11/10/2020)

11 #4

Exhibit B

11 #3

Exhibit A

11 #2

Declaration of Craig Hildebrandt

11 #1

Memorandum In Support of Defendants' Motion to Dismiss Plaintiff's Co

#11

(#44) EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Parties confirm mediation scheduled for 2/2/2021 with Mediator, Keith Hunter. Pursuant to District Judge Gillmor's (ECF #37 ) Order Granting Defendant's Motion to Stay (ECF #11 ), filed 8/17/2020, this case is stayed pending mediation. All pending deadlines are held in abeyance. The Settlement Conference previously scheduled for 5/28/2021 at 10:00 a.m. before Magistrate Judge Trader will remain on calendar.Court sets Confidential Telephone Conference for 2/19/2021 at 9:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326.(No Record / 9:30 - 9:40 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) (Entered: 11/10/2020)

5 #1

Memo from Clerk Re: Corporate Disclosure Statements

#5

(#5) Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 6/1/2020 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/27/2020. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (emt, ) (Entered: 03/27/2020)

#4

(#4) Summons Issued as to All Defendants. (emt, ) (Entered: 03/27/2020)

#2

(#2) Summons (Proposed) (Tsugawa, Eric) (Entered: 03/25/2020)

1 #4

Civil Cover Sheet Civil Cover Sheet

1 #3

Exhibit Exhibit 3

1 #2

Exhibit Exhibit 2

1 #1

Exhibit Exhibit 1

#1

(#1) COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0975-2352194.), filed by Delta Construction Corporation. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Civil Cover Sheet Civil Cover Sheet)(Tsugawa, Eric) (Entered: 03/25/2020)

70 More Documents Available

 

Docket Entries

  • 04/02/2021
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  • Docket(#47) EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Discussion had. Parties provide update concerning mediation with Keith Hunter. Parties continue to cooperate regarding exchanging information, expert disclosures and proposals as directed by the mediator. Further mediation ongoing.Pursuant to District Judge Gillmors (ECF #37 ) Order Granting Defendant's Motion to Stay (ECF #11 ), the STAY of proceedings in this case remains in effect pending mediation.Court CONVERTS the Settlement Conference set for 5/28/2021 at 10:00 a.m. to a Confidential Telephone Conference before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (No Record / 8:45 - 8:50 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) (Entered: 04/02/2021)

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  • 02/19/2021
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  • Docket(#46) EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Discussion had. Parties report mediation rescheduled to 3/1/2021. Pursuant to District Judge Gillmor's (ECF #37 ) Order Granting Defendant's Motion to Stay (ECF #11 ), the STAY of proceedings in this case remains in effect pending mediation.Court sets Confidential Telephone Conference for 4/2/2021 at 8:45 a.m. before Magistrate Judge Trader. No submissions required. If case not resolved, parties to be prepared to discuss viability and timing of settlement discussions with the the Court. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code 2070326(No Record / 9:30 - 9:40 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) (Entered: 02/19/2021)

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  • 02/12/2021
  • Docket(#45) EO: Dial-in instructions for the Confidential Telephone Conference set for 2/19/2021 at 9:30 a.m. before Magistrate Judge Trader are listed below.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing.1. Dial 1-888-363-47352. Access Code 2070326 (MAGISTRATE JUDGE ROM TRADER)(laa) (Entered: 02/12/2021)

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  • 11/10/2020
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  • Docket(#44) EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Parties confirm mediation scheduled for 2/2/2021 with Mediator, Keith Hunter. Pursuant to District Judge Gillmor's (ECF #37 ) Order Granting Defendant's Motion to Stay (ECF #11 ), filed 8/17/2020, this case is stayed pending mediation. All pending deadlines are held in abeyance. The Settlement Conference previously scheduled for 5/28/2021 at 10:00 a.m. before Magistrate Judge Trader will remain on calendar.Court sets Confidential Telephone Conference for 2/19/2021 at 9:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326.(No Record / 9:30 - 9:40 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa) (Entered: 11/10/2020)

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  • 11/04/2020
  • Docket(#43) EO: Dial-in instructions for Confidential Telephone Conference set for 11/10/2020 at 9:30 a.m. before Magistrate Judge Trader are listed below.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing.1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa) (Entered: 11/04/2020)

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  • 10/16/2020
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  • Docket(#42) STATUS REPORT Joint Status Report Regarding Mediation by David Boland, Inc., Western Surety Company. (Oshiro, Anna) (Entered: 10/16/2020)

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  • 10/13/2020
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  • Docket(#41) Today, October 13, 2020, the Parties sent an e-mail to the Courtroom Manager stating that they have agreed to a mediator and a procedure for mediation.The Status Conference set for Wednesday, October 14, 2020, at 10:30 a.m. is VACATED.The Parties shall file a Joint Statement Regarding Mediation on or before Friday, October 16, 2020.The Joint Statement shall outline the schedule for the Parties' mediation and the substantive procedures they have agreed upon for the mediation before Mediator Keith Hunter. (JUDGE HELEN GILLMOR)(tl) (Entered: 10/13/2020)

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  • 10/07/2020
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  • Docket(#40) STATUS REPORT of Defendants Regarding Mediation; Certificate of Service by David Boland, Inc., Western Surety Company. (Seehase, Loren) (Entered: 10/07/2020)

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  • 10/07/2020
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  • Docket(#39) EO: On August 13, 2020, the Court ordered the Parties to file a Joint Statement naming an agreed-upon mediator and the proposed procedure for conducting the mediation prior to October 7, 2020. (ECF No. 35).The Court continued the matter to Wednesday, October 14, 2020, at 10:30 a.m., for a telephonic hearing if the Parties were unable to agree to a mediator and the procedure. (Id.)On October 6, 2020, Plaintiff filed a Status Report Regarding Mediation (ECF No. 38). The Status Report states that the Parties agreed to a mediator but that they did not agree to a procedure.The Court will hold the hearing scheduled for Wednesday, October 14, 2020, at 10:30 a.m., via telephone.Should the Parties establish the procedure with mediator Keith Hunter prior to October 13, 2020, the Parties may notify the Court in writing so the Court may consider vacating the hearing. Pursuant to the CARES Act, the Court will be using AT&T Connect Audio Conference for this Motion Hearing. For anyone who wishes to participate in this hearing, please follow the participant instructions below:Counsel and applicable Parties must connect to the conference at least five (5) minutes before the scheduled start time of the hearing so that the Courtroom Manager can take attendance.PARTICIPANT INSTRUCTIONS:1. Dial 1-888-684-8852 2. Enter your Access Code (7273604) when prompted followed by the pound (#) sign.3. Message will say "To join the conference as the host press star (*) otherwise press pound (#)." 4. Press pound (#). Message will say "The host has not yet arrived, please standby. 5. When the Host joins, you will then be connected to the Conference. (JUDGE HELEN GILLMOR)(tl) (Entered: 10/07/2020)

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  • 10/06/2020
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  • Docket(#38) STATUS REPORT REGARDING MEDIATION by Delta Construction Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Certificate of Service)(Koja, Tedson) (Entered: 10/06/2020)

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28 More Docket Entries
  • 04/23/2020
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  • Docket(#10) SUMMONS Returned Executed by Delta Construction Corporation. David Boland, Inc. served on 4/3/2020. (Koja, Tedson) (Entered: 04/23/2020)

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  • 04/17/2020
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  • Docket(#9) Consent Election Form (Entered: 04/17/2020)

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  • 03/31/2020
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  • Docket(#8) Corporate Disclosure Statement by Delta Construction Corporation. (Tsugawa, Eric) (Entered: 03/31/2020)

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  • 03/27/2020
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  • Docket(#7) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. (Attachments: #1 Election Form: Consent to Jurisdiction by United States Magistrate Judge) While the decision to consent or not to consent to the exercise of jurisdiction by the magistrate judge is entirely voluntarily, the duty to respond to this notice is mandatory. Each party must indicate consent or decline to consent by completing the attached Election Form and filing it with the court no later than twenty-one (21) days after entry of appearance. In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (emt, ) (Entered: 03/27/2020)

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  • 03/27/2020
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  • Docket(#6) CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons) (emt, ) (Entered: 03/27/2020)

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  • 03/27/2020
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  • Docket(#5) Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 6/1/2020 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/27/2020. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (emt, ) (Entered: 03/27/2020)

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  • 03/27/2020
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  • Docket(#4) Summons Issued as to All Defendants. (emt, ) (Entered: 03/27/2020)

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  • 03/27/2020
  • Docket(#3) NOTICE of Case Assignment: Please reflect Civil case number CV 20-00133 RT on all further pleadings. (emt, ) (Entered: 03/27/2020)

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  • 03/25/2020
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  • Docket(#2) Summons (Proposed) (Tsugawa, Eric) (Entered: 03/25/2020)

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  • 03/25/2020
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  • Docket(#1) COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0975-2352194.), filed by Delta Construction Corporation. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Civil Cover Sheet Civil Cover Sheet)(Tsugawa, Eric) (Entered: 03/25/2020)

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