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3AN-06-11385CI North American Capacity Insurance Company vs. Discovery Construction Inc MR

Court Case Details

Case Number: 3AN-06-11385CI
Case Type: Civil Superior Ct (3AN)
Case Status: Closed
Action: Declaratory Judgment/Injunctive Relief - Superior Court
Case Judge: Rindner, Mark
File Date: 11 Sep 2006

Parties

Name Role
North American Capacity Insurance Company Plaintiff
DISCOVERY CONSTRUCTION INC. Defendant

Dispositions

Disposition Date Case Judge
Judge Caseload Transfer 2010-01-03 Ashman, Peter G
Recusal by Judge 2010-01-07 Pfiffner, Frank A
Stipulated or Unopposed Dismissal 2010-06-22 Rindner, Mark

Receipts

Receipt Number Date Amount
192164 2006-09-11 $150.00

Events

Date Location Type Result Event Judge
2010-07-08 Courtroom 501, Nesbett Courthouse Pre-Trial Conference Superior Court Civil Hearing Vacated Pfiffner, Frank A
2010-07-19 Courtroom 501, Nesbett Courthouse Jury Trial Superior Court Civil Hearing Vacated Pfiffner, Frank A
2011-07-08 Courtroom 403, Nesbett Courthouse Pre-Trial Conference Hearing Vacated Rindner, Mark
2011-07-18 Courtroom 403, Nesbett Courthouse Non-Jury Trial Hearing Vacated Rindner, Mark
2007-09-12 Courtroom 404, Nesbett Courthouse Oral Argument Hearing Held Christen, Morgan
2007-10-08 Courtroom 404, Nesbett Courthouse Pre-Trial Conference Superior Court Civil Hearing Reset Christen, Morgan
2007-10-12 Courtroom 404, Nesbett Courthouse Trial Setting Conference Superior Court Hearing Held Christen, Morgan
2007-10-22 Courtroom 404, Nesbett Courthouse Scheduled Trial Week Hearing Reset Christen, Morgan
2009-03-02 Courtroom 404, Nesbett Courthouse Pre-Trial Scheduling Conference Hearing Vacated Christen, Morgan
2009-06-02 Courtroom 404, Nesbett Courthouse Pre-Trial Conference Hearing Vacated Christen, Morgan

Financial

Cost Type Amount Owned Amount Paid Amount Adjusted Amount Outstanding
Total $150.00 $150.00 $0.00 $0.00
Filing Fee $150.00 $150.00 $0.00 $0.00

Docket

Date Text
Sep 11 2006
Complaint for Injunctive Relief  Receipt: 192164  Date: 09/11/2006
Sep 11 2006
Summons Issued
Sep 11 2006
Case Flagged for Civil Rule 4(j) Tracking (3AN)
            Discovery Construction Inc (Defendant);
Sep 11 2006
Attorney Information
            Attorney Juday, Jerome H representing Plaintiff North American Capacity Insurance Company as of 09/11/2006
Sep 19 2006
Rule 4 (f) Proof of Service (Summons and Complaint)
            Attorney: Juday, Jerome H (8206037)
            North American Capacity Insurance Company (Plaintiff);
Oct 04 2006
Entry of Appearance
            Attorney Chandler, Brooks W representing Defendant Discovery Construction Inc as of 10/04/2006
            Discovery Construction Inc (Defendant);
Oct 09 2006
Initial Pretrial Order Issued
Oct 11 2006
Answer and Counterclaim
            Attorney: Chandler, Brooks W (8310109)
            Discovery Construction Inc (Defendant);
Oct 11 2006
Demand Jury Trial
            Attorney: Chandler, Brooks W (8310109)
            Discovery Construction Inc (Defendant);
Oct 25 2006
Plaintiff's Notice Regarding Trial Dates
            Attorney: Juday, Jerome H (8206037)
            North American Capacity Insurance Company (Plaintiff);
Oct 26 2006
Response to Plaintiff's Notice Regarding Trial Dates
            Attorney: Chandler, Brooks W (8310109)
            Discovery Construction Inc (Defendant);
Nov 08 2006
Reply to Counterclaim
            Attorney: Juday, Jerome H (8206037)
            North American Capacity Insurance Company (Plaintiff);
Feb 21 2007
Motion for Summary Judgment
            Attorney: Juday, Jerome H (8206037)
            North American Capacity Insurance Company (Plaintiff);
            Case Motion #1
Feb 21 2007
Notice of Filing Exhibits to Plaintiff's Motion for Summary Judgment 
            Attorney: Juday, Jerome H (8206037)
            North American Capacity Insurance Company (Plaintiff);
Mar 09 2007
Stipulation for Extension of Time until April 11, 2007, to file Defendant's Opposition to Plaintiff's Motion for Summary Judgment  (In Motion Tracking)
            Attorney: Chandler, Brooks W (8310109)
            North American Capacity Insurance Company (Plaintiff); Discovery Construction Inc (Defendant);
            Case Motion #2
Mar 13 2007
Order Granting Stipulation for Extension of Time until April 11, 2007, to file Defendant's Opposition to Plaintiff's Motion for Summary Judgment
            Case Motion #1: Dispositive Motion, Case Motion #2: Stipulation
Apr 20 2007
Stipulation for Extension of Time until April 24, 2007 to file Defendant's Opposition to Plaintiff's Motion for Summary Judgment  (In Motion Tracking)
            Attorney: Chandler, Brooks W (8310109)
            North American Capacity Insurance Company (Plaintiff); Discovery Construction Inc (Defendant);
            Case Motion #3
Apr 23 2007
Order Granting Stipulation for Extension of Time until April 24, 2007 to file Defendant's Opposition to Plaintiff's Motion for Summary Judgment
            Case Motion #3: Stipulation
Apr 25 2007
Defendant's Memorandum in Opposition to Plaintiff's Motion for Summary Judgment
            Attorney: Chandler, Brooks W (8310109)
            Discovery Construction Inc (Defendant);
            Case Motion #1: Dispositive Motion
Apr 25 2007
Defendant's Cross-Motion for Partial Summary Judgment
            Attorney: Chandler, Brooks W (8310109)
            Discovery Construction Inc (Defendant);
            Case Motion #4
May 08 2007
Stipulation for Extension of Time until May 23, 2007 to file Plaintiff's Combined Reply/Opposition re: Plaintiff's Motion for Summary Judgment and Defendant's Motion for Partial Summary Judgment  (In Motion Tracking)
            Attorney: Juday, Jerome H (8206037)
            North American Capacity Insurance Company (Plaintiff); Discovery Construction Inc (Defendant);
            Case Motion #5
May 09 2007
Order Granting Stipulation for Extension of Time until May 23, 2007 to file Plaintiff's Combined Reply/Opposition re: Plaintiff's Motion for Summary Judgment and Defendant's Motion for Partial Summary Judgment
            Case Motion #5: Stipulation
May 21 2007
Plaintiff's Preliminary Witness List Filed By:
            Attorney: Juday, Jerome H (8206037)
            North American Capacity Insurance Company (Plaintiff);
May 23 2007
Reply Memorandum on Plaintiff's Motion for Summary Judgment and Opposition Memorandum on Defendant's Motion for Partial Summary Judgment
            Attorney: Juday, Jerome H (8206037)
            North American Capacity Insurance Company (Plaintiff);
            Case Motion #1: Dispositive Motion
May 23 2007
Opposition to Defendant's Motion for Partial Summary Judgment
            Attorney: Juday, Jerome H (8206037)
            North American Capacity Insurance Company (Plaintiff);
            Case Motion #4: Dispositive Motion
May 25 2007
Notice of Filing Original Affidavit (of Donna Wong)
            Attorney: Juday, Jerome H (8206037)
            North American Capacity Insurance Company (Plaintiff);
May 31 2007
Stipulation for Extension of Time until June 8, 2007, to file Defendant's Response to Plaintiff's Reply Memorandum on Plaintiff's Motion for Summary Judgment and Opposition Memorandum on Defendant's Motion for Partial Summary Judgment  (In Motion Tracking)
            Attorney: Chandler, Brooks W (8310109)
            North American Capacity Insurance Company (Plaintiff); Discovery Construction Inc (Defendant);
            Case Motion #6
Jun 01 2007
Order: Defendant has until 6/8/07 to file response.
            Case Motion #6: Stipulation
Jun 06 2007
Defendant's Motion for Extension of Time until June 15, 2007, to file its Response to Plaintiff's Reply Memorandum on Plaintiff's Motion for Summary Judgment and Opposition Memorandum on Defendant's Motion for Partial Summary Judgment 
            Attorney: Chandler, Brooks W (8310109)
            Discovery Construction Inc (Defendant);
            Case Motion #7
Jun 12 2007
Motion to Compel Discovery
            Attorney: Juday, Jerome H (8206037)
            Jerome H Juday (Attorney) on behalf of North American Capacity Insurance Company (Plaintiff)
            Case Motion #8
Jun 15 2007
Notice of Filing Facsimile Affidavit of Lee Baker, Jr.
            Attorney: Chandler, Brooks W (8310109)
            Discovery Construction Inc (Defendant);
Jun 15 2007
Reply to Opposition to Motion for Partial Summary Judgment
            Attorney: Chandler, Brooks W (8310109)
            Discovery Construction Inc (Defendant);
            Case Motion #4: Dispositive Motion
Jun 19 2007
Plaintiff's Request for Oral Argument on its Motion for Summary Judgment and on Defendant's Motion for Partial Summary Judgment  
            Attorney: Juday, Jerome H (8206037)
            North American Capacity Insurance Company (Plaintiff);
            Case Motion #1: Dispositive Motion, Case Motion #4: Dispositive Motion
Jul 02 2007
Partial Opposition to Motion to Compel
            Attorney: Chandler, Brooks W (8310109)
            Discovery Construction Inc (Defendant);
            Case Motion #8: Standard Motion
Jul 10 2007
Defendant's Motion for Continuance of Trial Currently Scheduled for Week of 10/22/07
            Attorney: Chandler, Brooks W (8310109)
            Discovery Construction Inc (Defendant);
            Case Motion #9
Jul 19 2007
Notice of Filing Original Affidavit of Lee Baker, Jr.
            Attorney: Chandler, Brooks W (8310109)
            Discovery Construction Inc (Defendant);
Jul 23 2007
Qualified Non-Opposition to Motion for Continuance of Trial
            Attorney: Juday, Jerome H (8206037)
            North American Capacity Insurance Company (Plaintiff);
            Case Motion #9: Standard Motion
Sep 12 2007
Notice of Additional Authority
            Attorney: Chandler, Brooks W (8310109)
            Discovery Construction Inc (Defendant);
Sep 22 2007
Order Granting Motion to Compel Discovery
            Case Motion #8: Standard Motion
Sep 22 2007
Motion for Ext of time filed June 6, 2007 Deemed Moot
            Case Motion #7: Standard Motion
Sep 25 2007
Order Granting Motion for continuance
            Case Motion #9: Standard Motion
Nov 30 2007
Order Granting Motin  Cross motion for Summary Judgment is Granted.
            Case Motion #4: Dispositive Motion
Nov 30 2007
Order Denying Motion;  plaintiff's motion for summary Judgment is denied without prejudice.
            Case Motion #1: Dispositive Motion
Jan 16 2009
Stipulation for Substitution of Counsel
            Attorney: Chandler, Brooks W (8310109)
            Attorney: Fosler, James E (9711055)
            Discovery Construction Inc (Defendant);
            Case Motion #11
Jan 16 2009
Stipulation to Re-Set Trial Date and Pretrial Deadlines
            Attorney: Juday, Jerome H (8206037)
            Attorney: Fosler, James E (9711055)
            North American Capacity Insurance Company (Plaintiff); Discovery Construction Inc (Defendant);
            Case Motion #10
Jan 20 2009
Order Granting Substitution of Counsel.
            Case Motion #11: Stipulation
Jan 22 2009
Proposed Order Vacating Trial Date and Pretrial Deadlines (Held for Objection)
            Attorney: Juday, Jerome H (8206037)
            North American Capacity Insurance Company (Plaintiff);
            Case Motion #12
Jan 22 2009
Miscellaneous
             
                  North American Capacity Insurance Company
Jan 22 2009
Attorney Information
            Attorney Fosler, James E representing Defendant Discovery Construction Inc as of 01/22/2009
Jan 28 2009
Miscellaneous
             
                  North American Capacity Insurance Company
Mar 09 2009
Amended Routine Pretrial Order.
Apr 10 2009
Judge Case Load Transfer 
            From: Judge Sharon Gleason
            To: Judge Peter Ashman
            Adiministrative Order 3AN-AO-09-04  Effective: 04/13/2009
Jan 03 2010
Judicial Reassignment from Judge Peter Ashman to Judge Frank Pfiffner.
            Administrative Order 3AN-AO-09-15 Effective January 4, 2010
Jan 04 2010
Stipulation to Re-Set Trial Date and Pretrial Deadlines
            Attorney: Juday, Jerome H (8206037)
            Attorney: Juday, Jerome H (8206037) for Attorney: Fosler, James E (9711055)
            North American Capacity Insurance Company (Plaintiff); Discovery Construction Inc (Defendant); 
            Filing Party:  North American Capacity Insurance Company; Discovery Construction Inc
            Case Motion #13
Jan 07 2010
Administrative Judicial Reassignment
Jan 07 2010
Recusal by Judge
Jan 08 2010
Order Granting Motion
            Case Motion #13
            Stipulation to Re-Set Trial Date and Pretrial Deadlines
Feb 19 2010
Stipulation for Judge-Tried Case
            Jerome H Juday (Attorney) on behalf of North American Capacity Insurance Company (Plaintiff); James E Fosler (Attorney) on behalf of Discovery Construction Inc (Defendant)
Feb 19 2010
Suggested Trial Dates and Stipulation for Judge-Tried Case
            Attorney: Juday, Jerome H (8206037)
            North American Capacity Insurance Company (Plaintiff);
Jun 21 2010
Stipulation for Dismissal with Prejudice
            Attorney: Juday, Jerome H (8206037)
            Attorney: Fosler, James E (9711055)
            North American Capacity Insurance Company (Plaintiff); Discovery Construction Inc (Defendant); 
            Filing Party:  North American Capacity Insurance Company; Discovery Construction Inc
            Case Motion #14
Jun 22 2010
Order Granting Stipulation
            Case Motion #14
            Stipulation for Dismissal with Prejudice
Jun 22 2010
Dismissed by Stipulation or Unopposed Motion