Hawkins Construction Company v. Peterson Contractors, Inc. et al

Filing 74

ORDER - IT IS ORDERED: The parties' duty to meet, confer, and file a joint planning report to the court in accordance with the requirement of Fed. R. Civ. P. 26(f) is stayed pending resolution of the defendants motions to dismiss. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

HAWKINS CONSTRUCTION
COMPANY,
8:13CV46
Plaintiff,
vs.

ORDER

PETERSON CONTRACTORS, INC.,
GROUND IMPROVEMENT
ENGINEERING, L.L.C., GEOPIER
FOUNDATION COMPANY,
TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA,
ZURICH AMERICAN INSURANCE
COMPANY, and AXIS SURPLUS
INSURANCE COMPANY,
Defendants.
This matter is before the court sua sponte.
On February 8, 2013, the plaintiff Hawkins Construction Company (Hawkins) filed
a complaint against the defendants generally alleging breach of contract. See Filing No.
1 - Complaint.

After receiving extensions of times, several of the defendants filed

motions to dismiss.

On April 10, 2013, the defendant Zurich American Insurance

Company filed a motion to dismiss.

See Filing No. 45.

On April 15, 2013, the

defendant Axis Surplus Insurance Company filed a motion to dismiss. See Filing No.
47. Also on April 15, 2013, the defendants Peterson Contractors, Inc. (Peterson) and
Travelers Casualty and Surety Company of America (Travelers) filed an answer and
counterclaim against Hawkins. See Filing No. 50. On April 25, 2013, the defendant
Ground Improvement Engineering, L.L.C. filed a motion to dismiss. See Filing No. 55.
On April 29, 2013, Peterson filed a third party complaint against Hartford Fire Insurance
Company.

See Filing No. 59.

Lastly, on May 1, 2013, the defendant Geopier

Foundation Company filed a motion dismiss. See Filing No. 62.
The parties are required to meet and confer as provided in Federal Rule of Civil
Procedure 26(f). However, the court will stay this requirement pending the resolution of
the defendants’ motions to dismiss. Accordingly,

IT IS ORDERED:
The parties’ duty to meet, confer, and file a joint planning report to the court in
accordance with the requirement of Fed. R. Civ. P. 26(f) is stayed pending resolution of
the defendants’ motions to dismiss.

Dated this 22nd day of May, 2013.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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