RAM-Ellsworth Subdivision Partners, LLC v. Construction Services, LLC et al
| RAM-Ellsworth Subdivision Partners, LLC |
| Construction Services, LLC d/b/a MCA Construction, Inc., CMM Consulting, Inc., William R. Miller, Caroline M. Miller and Woodham Concrete, Inc. |
| SouthPoint Bank |
| 5:2022cv00779 |
| June 23, 2022 |
| US District Court for the Northern District of Alabama |
| Madeline Hughes Haikala |
| Herman N Johnson |
| Contract: Other |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| Both |
Docket Report
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This docket was last retrieved on March 13, 2024. A more recent docket listing may be available from PACER.
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Filing 41
TEXT ORDER Before the Court is Mr. Miller's motion to dismiss, (Doc. #13 ), and cross-motions for summary judgment by RAM-Ellsworth and Construction Services LLC, (Docs. #15 , #25 ). The Court sets this matter for a hearing on February 13, 2023, at 2:00 PM at the Hugo L. Black Courthouse in courtroom 7B to discuss the pending motions. Signed by Judge Madeline Hughes Haikala on 2/3/2023. (KSS)
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Filing 40
TEXT ORDER Before the Court is Mr. Miller's motion to dismiss. (Doc. #13 ). The Court sets this matter for a telephone conference on February 6, 2023, at 1:00 PM to discuss the pending motion. The parties shall dial 877-873-8018 and use access code 5313999 to participate in the call. Signed by Judge Madeline Hughes Haikala on 2/3/2023. (KSS)
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NOTICE The Telephone Conference set for February 6,2023 at 1:00 PM is hereby CANCELLED. (KSS)
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Filing 39
TEXT ORDER: CMM Consulting and Carolina Miller have notified the Court that their motion to dismiss, (Doc. #4 ), is moot and requires no further action by this Court, (Doc. #12 ). Accordingly, the Court asks the Clerk to please terminate Document 4 as moot. Signed by Judge Madeline Hughes Haikala on 2/1/2023. (DNW)
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Filing 38
TEXT ORDER: The Court GRANTS #34 Joint Motion to Stay Discovery. Discovery is stayed pending summary judgment motions and Motion to Dismiss Orders. Signed by Judge Madeline Hughes Haikala on 12/21/2022. (DNW)
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Filing 37
TEXT ORDER: The Court GRANTS #35 MOTION to Withdraw as Attorney and #36 MOTION to Withdraw as Attorney. Attorney William Christopher Hoffman, Jr terminated. Signed by Judge Madeline Hughes Haikala on 12/21/2022. (DNW)
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Filing 36
MOTION to Withdraw as Attorney by SouthPoint Bank. (Hoffman, William)
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Filing 35
MOTION to Withdraw as Attorney by RAM-Ellsworth Subdivision Partners, LLC. (Hoffman, William)
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Filing 34
Joint MOTION to Stay Discovery by RAM-Ellsworth Subdivision Partners, LLC. (Head, Jonathan)
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Filing 33
Evidentiary Material re: #32 Reply Brief . (Hammond, Clark)
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Filing 32
REPLY Brief filed by Defendant Construction Services, LLC re: #31 Evidentiary Material, #29 Brief, filed by Construction Services, LLC. (Hammond, Clark)
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Filing 31
Evidentiary Material re: #29 Brief, . (Attachments: #1 Exhibit Ex 1 - Supplemental Declaration WR Miller)(Hammond, Clark)
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Filing 30
MOTION to Strike #25 Cross MOTION for Partial Summary Judgment , #27 Brief Consolidated Motion to Strike and Evidentiary Response to MCA's Cross-Motion by RAM-Ellsworth Subdivision Partners, LLC. (Head, Jonathan)
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Filing 29
Brief re #25 Cross MOTION for Partial Summary Judgment RAM's Brief Opposing MCA's Cross-Motion and Supporting RAM's Motion for Summary Judgment filed by RAM-Ellsworth Subdivision Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Head, Jonathan)
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Filing 28
TEXT ORDER: Defendant's has filed Brief IN SUPPORT OF ITS CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT AND OBJECTION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT #27 . Plaintiff shall file a response on or before December 2, 2022. Defendants reply due on or before December 12, 2022. Signed by Judge Madeline Hughes Haikala on 11/18/2022. (DNW)
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Filing 27
Brief re #25 Cross MOTION for Partial Summary Judgment , #15 MOTION for Summary Judgment on Construction Services' Counterclaims An Objection to Plaintiff's Motion Summary Judgment #15 . (Hammond, Clark)
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Filing 26
Evidentiary Material re: #15 MOTION for Summary Judgment on Construction Services' Counterclaims, #16 Brief . (Attachments: #1 Affidavit Declaration of William R. Miller, #2 Exhibit 1 - Email Exchange between Steve Leara and Wilco, #3 Exhibit 2 - Permit, #4 Exhibit 3 - MCA Mississippi GC License, #5 Exhibit 4 - Email by Barstein to Miller Re Insurance, #6 Exhibit 5 - Email to Steve Leara re Licencser, #7 Exhibit 6 - Email Scott to Grizzle, #8 Exhibit 7 - MCA Alabama GC License, #9 Exhibit 8 - Email re License issued, #10 Exhibit 9 - Email Buck to Leara GC License, #11 Exhibit 10 - MCA Permit, #12 Exhibit B - RC Underground LLC vs. Western Surety Co.)(Hammond, Clark)
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Filing 25
Cross MOTION for Partial Summary Judgment by Construction Services, LLC. (Hammond, Clark)
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Filing 24
SCHEDULING ORDER: Discovery due by 4/1/2023. Dispositive Motions due by 5/1/2023. Status Conference set for 6/5/2023 at 10:30 AM in CR 7B of the Hugo L Black US Courthouse, Birmingham, AL before Judge Madeline Hughes Haikala. This case shall be ready for trial by July 2023. Signed by Judge Madeline Hughes Haikala on 10/17/2022. (DNW)
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Filing 23
REPORT of Rule 26(f) Planning Meeting. (Head, Jonathan)
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Filing 22
Corporate Disclosure Statement by CMM Consulting, Inc.. filed by CMM Consulting, Inc. (Dana, John)
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Filing 21
RESPONSE in Opposition re #13 MOTION to Dismiss filed by RAM-Ellsworth Subdivision Partners, LLC. (Head, Jonathan)
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Filing 20
Defendant Caroline M. Miller's ANSWER to Complaint by Caroline M. Miller.(Dana, John)
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Filing 19
NOTICE of Appearance by William Christopher Hoffman, Jr on behalf of SouthPoint Bank (Hoffman, William)
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Filing 18
NOTICE of Appearance by Jonathan B Head on behalf of SouthPoint Bank (Head, Jonathan)
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Filing 17
ANSWER to Complaint, COUNTERCLAIM against SouthPoint Bankby Construction Services, LLC. Deemed filed in state court 5/6/2022. (DNW)
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Filing 16
Brief re #15 MOTION for Summary Judgment on Construction Services' Counterclaims Brief on MCA's Counterclaims. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Head, Jonathan)
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Filing 15
MOTION for Summary Judgment on Construction Services' Counterclaims by RAM-Ellsworth Subdivision Partners, LLC. (Head, Jonathan)
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Filing 14
Corporate Disclosure Statement by RAM-Ellsworth Subdivision Partners, LLC. filed by RAM-Ellsworth Subdivision Partners, LLC (Head, Jonathan)
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Filing 13
MOTION to Dismiss by William R. Miller. (Attachments: #1 Exhibit Email John Meredith to Steve Leara)(Hammond, Clark)
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Filing 12
RESPONSE to the Court's July 6, 2022 Order filed by CMM Consulting, Inc., Caroline M. Miller. (Dana, John)
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Filing 11
WAIVER OF SERVICE Returned Executed by Caroline M. Miller. Caroline M. Miller waiver sent on 7/12/2022, answer due 9/10/2022. (Dana, John)
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Filing 10
TEXT ORDER: The telephone conference scheduled for 8/5/22 is hereby CANCELED. Signed by Magistrate Judge Herman N Johnson, Jr on 7/11/22. (BJL)
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Filing 9
Case Reassigned to Judge Madeline Hughes Haikala. Magistrate Judge Herman N Johnson, Jr. is no longer assigned to the case. Please use case number 5:22-cv-779-MHH on all subsequent pleadings. (BJL)
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Filing Fee: Filing fee $ 402, receipt_number AALNDC-4122011. related document #1 NOTICE OF REMOVAL by William R. Miller from The Circuit Court of Cullman County, Alabama, case number 25-CV-900071. (Attachments: # 1 Exhibit A Part I, # 2 Exhibit A Part II, # 3 Exhibit A Part III, # 4 Exhibit A Part IV, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F)(BJL). (Hammond, Clark)
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Filing 8
ORDER: the parties are hereby notified that, unless they unanimously consent to the exercise of dispositive jurisdiction by a magistrate judge by no later than August 19, 2022, the case will be reassigned to a randomly-drawn district judge for all purposes. Signed by Magistrate Judge Herman N Johnson, Jr on 7/6/22. (BJL)
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Filing 7
ORDER: The court SETS a telephone status conference for 10:00 a.m. on Friday, August 5, 2022. Signed by Magistrate Judge Herman N Johnson, Jr on 7/6/22. (BJL)
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Filing 6
ORDER: CMM and Caroline Miller may file any reply to Plaintiff's Response to Motion to Dismiss within 7 days of the entry date of this order. Signed by Magistrate Judge Herman N Johnson, Jr on 7/6/22. (BJL)
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Filing 5
PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS filed by RAM-Ellsworth Subdivision Partners, LLC (filed in state court on 5/10/22). (BJL)
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Filing 4
DEFENDANTS CMM CONSULTING, INC. AND CAROLINE M. MILLER'S MOTION TO DISMISS FOR IMPROPER OR LACK OF SERVICE (filed in state court on 4/25/22). (BJL) Modified on 7/6/2022 (BJL).
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Filing 3
NOTICE by Construction Services, LLC, William R. Miller of Appearance (Underwood, Mary)
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Filing 2
NOTICE OF CASE ASSIGNMENT to a United States Magistrate Judge for Trial. (BJL)
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Filing 1
NOTICE OF REMOVAL by William R. Miller from The Circuit Court of Cullman County, Alabama, case number 25-CV-900071. (Attachments: #1 Exhibit A Part I, #2 Exhibit A Part II, #3 Exhibit A Part III, #4 Exhibit A Part IV, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F)(BJL)
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