Erbert v. Konecranes Standard Lifting Corp. et al

Filing 65

MEMORANDUM AND ORDER granting Defendant Konecranes' Motion for Leave 63 . On or before June 25, 2012, Konecranes shall file its third party complaint, a copy of which is attached to its motion. Summons to issue. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA HEATH ERBERT, and TOPP’S MECHANICAL, INC., a domestic corporation, ) ) ) ) Plaintiffs, ) ) v. ) ) KONECRANES STANDARD LIFTING ) CORP., a foreign corporation, MORRIS ) MATERIAL HANDLING, INC., a foreign ) corporation, KONECRANES, INC., a ) foreign corporation, BLACK AND ) VEATCH CONSTRUCTION, INC., a ) foreign corporation, and CASEY ) INDUSTRIAL, INC., a foreign corporation, ) ) Defendants. ) ) 4:10CV3196 MEMORANDUM AND ORDER IT IS ORDERED: 1) Defendant Konecranes’ Motion for Leave, (filing no. 63), is granted. 2) On or before June 25, 2012, Konecranes shall file its third party complaint, a copy of which is attached to its motion. 3) The clerk shall sign, seal, and return the attached summons to Konecranes counsel for service upon the Third Party Defendants Miron Construction Co. and Industrial Electrical Services, Inc., d/b/a Kayton Electric, Inc.. DATED this 18th day of June, 2012. BY THE COURT: s/ Cheryl R. Zwart United States Magistrate Judge IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA HEATH ERBERT and TOPP'S MECHANICAL, INC., a domestic corporation, Plaintiffs, -vs- ) ) ) ) ) ) ) ) BLACK AND VEATCH CONSTRUCTION,) INC., a foreign corporation; and CASEY ) INDUSTRIAL INC., a foreign eorporation, ) Defendants, KONECRANES STANDARD LIFTING CORP., a foreign corporation; MORRIS MATERIAL HANDLING, INC., d/b/a Konecranes Americas, a foreign corporation; KONECRANES, INC., d/b/a Crane Pro Services, a foreign corporation; Defendants/Third-Party Plaintiffs -vs- CASE NO. 4:10 CV-3196 SUMMONS ON A THIRD-PARTY COMPLAINT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) PUBLIC POWER GENERATION AGENCY, MIRON CONSTRUCTION, CO., AND INTEGRATED ELECTRIC ) SYSTEMS, INC., d/b/a Kayton Electric Inc.) TO: Miron Construction Co. Registered Agent: National Corporation Research, Ltd. 6003 Old Cheney Road P. O. Box 6169 Lincoln, Nebraska 68501-0169 A lawsuit has been filed against Defendants, Konecranes Standard Lifting Corp., a foreign corporation; Morris Material Handling, Inc., d/b/a Konecranes Americas, a foreign EXHIBIT I B corporation; and Konecranes, Inc., d/b/a Crane Pro Services, a foreign corporation, who as Third-Party Plaintiffs are making a claim against you to pay part or all of what Defendants may owe to the Plaintiff, Heath Erbert. Within 21 days after services of this summons on you (not counting the day you received it) - or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) - you must serve on the Plaintiff and on the Defendant an Answer to the attached Third-Party Complaint or a Motion under Rule 12 of the Federal Rules of Civil Procedure. The Answer or Motion must be served on the Defendants or Defendants' attorney, who names and address are: Stephen G. Olson, II KIistina J. Kamler ENGLES, KETCHAM, OLSON & KEITH, P.C. 1350 Woodmen Tower Omaha, Nebraska 68102 It must also be served on the Plaintiffs' attorneys and the other Defendants' attorney, whose names and addresses are: Kelly K. Brandon Michael J. Dyer 10730 Pacific Street, Suite III Omaha, Nebraska 68114 Attorney for Plaintiff, Heath Erbert Brett D. Chardavoyne The Law Offices of Brett D. Chardavoyne, LLC 1660 Lincoln Street Suite 1700 Denver, CO 80264 Email: chardavoyne@bdclawfinll.com And Matthew J. Buckley HANSEN, LAUTENBAUGH LAW FIRM 1905 Harney Street Suite 224 Omaha, NE 68102 Attorney for Plaintiff, Topp's Mechanical, Inc. Bruce A. Smith Woods & Aitken LLP 301 South 13 th Street, Suite 500 Lincoln, Nebraska 68508 Email: BSmith@woodsaitken.com Attorney for Defendants, Black and Veatch Corporation, Inc. and Casey Industrial, Inc. If you fail to respond, judgment by default will be entered against you for the relief demanded in the Third-Party Complaint. You also must file the Answer or Motion with the Court and serve it on any other parties. A copy of the Plaintiffs First Amended Complaint is also attached. You may - but are not required to - respond to it. Date:_ _ _ _ _ __ CLERK OF COURT Signature of Clerk or Deputy Clerk IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA HEATH ERBERT and TOPP'S MECHANICAL, INC., a domestic corporation, Plaintiffs, -vs- ) ) ) ) ) ) ) ) BLACK AND VEATCH CONSTRUCTION,) INC., a foreign corporation; and CASEY ) INDUSTRIAL INC., a foreign corporation, ) Defendants, KONECRANES STANDARD LIFTING CORP., a foreign corporation; MORRIS MATERIAL HANDLING, INC., d/b/a Konecranes Americas, a foreign corporation; KONECRANES, INC., d/b/a Crane Pro Services, a foreign corporation; Defendants/Third-Party Plaintiffs -vs- CASE NO. 4:10 CV-3196 SUMMONS ON A THIRD-PARTY COMPLAINT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) PUBLIC POWER GENERATION AGENCY, MIRON CONSTRUCTION, CO., AND INTEGRATED ELECTRIC ) SYSTEMS, INC., d/b/a Kayton Electric Inc. ) TO: Industrial Electrical Services, Inc., d/b/a Kayton Electric, Inc. Registered Agent: CT Corporation System 1024 "K" Street Lincoln, NE 68508 A lawsuit has been filed against Defendants, Konecranes Standard Lifting Corp., a foreign corporation; Morris Material Handling, Inc., d/b/a Konecranes Americas, a foreign corporation; and Konecranes, Inc., d/b/a Crane Pro Services, a foreign corporation, who as Third-Party Plaintiffs are making a claim against you to pay part or all of what Defendants may owe to the Plaintiff, Heath Erbert. Within 21 days after services of this summons on you (not counting the day you received it) - or 60 days if you are the United States or a Ur,ited States agency, or an officer or employee of the United States descrihed in Fed. R. Civ. P. 12 (a)(2) or (3) - you must serve on the Plaintiff and on the Defendant an Answer to the attached Third-Party Complaint or a Motion under Rule 12 of the Federal Rules of Civil Procedure. The Answer or Motion must be served on the Defendants or Defendants' attorney, who names and address are: Stephen G. Olson, II Kristina J. Kamler ENGLES, KETCHAM, OLSON & KEITH, P.C. 1350 Woodmen Tower Omaha, Nebraska 68102 It must also be served on the Plaintiffs' attorneys and the other Defendants' attorney, whose names and addresses are: Kelly K. Brandon Michael J. Dyer 10730 Pacific Street, Suite 111 Omaha, Nebraska 68114 Attorney for Plaintiff, Heath Erbert Brett D. Chardavoyne The Law Offices of Brett D. Chardavoyne, LLC 1660 Lincoln Street Suite 1700 Denver, CO 80264 Email: chardavoyne@bdclawfinn.com And Matthew J. Buckley HANSEN, LAUTENBAUGH LAW FIRM 1905 Harney Street Suite 224 Omaha, NE 68102 Attorney for Plaintiff, Topp's Mechanical, Inc. Bruce A. Smith Woods & Aitken LLP 301 South 13 th Street, Suite 500 Lincoln, Nebraska 68508 Email: BSmith@woodsaitkcn.com Attorney for Defendants, Black and Veatch Corporation, Inc. and Casey Industrial, Inc. If you fail to respond, judgment by default will be entered against you for the relief demanded in the Third-Party Complaint. You also must file the Answer or Motion with the Court and serve it on any other parties. A copy of the Plaintiffs First Amended Complaint is also attached. You may - but are not required to - respond to it. Date: _ _ _ _ _ __ CLERK OF COURT Signature a/Clerk or Deputy Clerk

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