Martella Auction Company, Inc. v. TriState Construction, Inc. et al
Plaintiff: Martella Auction Company, Inc.
Defendant: TriState Construction, Inc., Morton Engineering and Constructions, Inc., Robert L. Morton, Internal Revenue Service (USA) and Employment Development of the State of California
Case Number: 1:2010cv00258
Filed: February 16, 2010
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Tulare
Presiding Judge: Lawrence J. O'Neill
Presiding Judge: Jennifer L. Thurston
Nature of Suit: Taxes
Cause of Action: 28 U.S.C. ยง 1442 Petition for Removal
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 21, 2011 Opinion or Order Filing 46 ORDER, signed by District Judge Lawrence J. O'Neill on 3/21/11: The joint motion for an order to distribute interpled funds and dismiss this action is GRANTED; This entire case shall be and hereby is DISMISSED with prejudice as to all parties and all claims; All parties to bear their own attorneys' fees and costs. (CASE CLOSED)(Hellings, J)
February 17, 2011 Opinion or Order Filing 44 REFORMATTED ORDER re United States' Motion for Summary Judgment, document 31 . The Court GRANTS the government's summary adjudication motion on the following grounds: the United States is entitled to $15,150.00 of the au ction's proceeds for items sold that were titled in the name of Tri State, by virtue of the tax lien against Tri State; the United States is entitled to $14,000.00 of the auction's proceeds for items sold that were titled in the name o f Concrete by virtue of the tax lien against Tri State and because those items were formerly owned by Tri State; and the United States is entitled to $14,500.00 of the auction's proceeds for the items sold that were titled in the name of Mo rton Engineering, or its predecessor Welding, by virtue of the tax lien against Morton Engineering; and the Court DENIES the government's summary adjudication motion on all other grounds; order signed by District Judge Lawrence J. O'Neill on 2/16/2011. (Rooney, M)
February 15, 2011 Opinion or Order Filing 43 ORDER signed by District Judge Lawrence J. O'Neill on 2/15/2011 United States' 31 Motion for Summary Judgment. (Kusamura, W)
February 10, 2011 Opinion or Order Filing 38 ORDER, signed by District Judge Lawrence J. O'Neill on 2/8/11: Martella Auction Company, Inc. is DISMISSED with prejudice from this action without further cost to any party. Martella Auction Company, Inc. shall bear its own fees and costs in this action. (Hellings, J)
February 2, 2011 Opinion or Order Filing 34 ORDER VACATING Dismissal of Plaintiff Martella Auction, signed by District Judge Lawrence J. O'Neill on 2/2/2011. (Kusamura, W)
February 1, 2011 Opinion or Order Filing 33 ORDER to VACATE Hearing and to SHOW CAUSE, signed by District Judge Lawrence J. O'Neill on 2/1/11: The February 17, 2011 Summary Judgment Hearing is VACATED; Show Cause Response due by 2/7/2011.(Hellings, J)
January 28, 2011 Opinion or Order Filing 30 ORDER signed by District Judge Lawrence J. O'Neill on January 28, 2011. (Lira, I)
January 5, 2011 Opinion or Order Filing 28 ORDER ADOPTING 25 FINDINGS AND RECOMMENDATIONS signed by District Judge Lawrence J. O'Neill on 01/04/2010. (Flores, E)
December 23, 2010 Opinion or Order Filing 27 ORDER TO EXTEND SUMMARY JUDGMENT BRIEFING signed by District Judge Lawrence J. O'Neill on December 23, 2010. (Lira, I)
December 15, 2010 Opinion or Order Filing 25 FINDINGS and RECOMMENDATIONS Recommending the Granting of Plaintiff's Request for Default Judgment signed by Magistrate Judge Jennifer L. Thurston on 12/15/2010. Objections to F&R due by 12/30/2010. (Leon-Guerrero, A)
November 3, 2010 Opinion or Order Filing 20 STIPULATION and ORDER Advancing Settlement Conference signed by Magistrate Judge Jennifer L. Thurston on 11/3/2010. The settlement conference is advanced from 12/14/2010 to 12/1/2010 at 10:00 AM in Bakersfield at 1200 Truxtun (JLT) before Magistrate Judge Jennifer L. Thurston. Confidential settlement conference statements are due by 11/24/2010. (Leon-Guerrero, A)
May 6, 2010 Opinion or Order Filing 18 ORDER AMENDING Complaint signed by Magistrate Judge Jennifer L. Thurston on 5/4/2010. (Bradley, A)
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Plaintiff: Martella Auction Company, Inc.
Represented By: Bryan Neil Wagner
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Defendant: TriState Construction, Inc.
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Defendant: Morton Engineering and Constructions, Inc.
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Defendant: Robert L. Morton
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Defendant: Internal Revenue Service (USA)
Represented By: Lauren Marie Castaldi
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Defendant: Employment Development of the State of California
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