Audeamus Inc. v. Baxter Construction Company, LLC, et al.
Plaintiff: Audeamus Inc., a California corporation dba Sebastian and Audeamus Inc. a California Corporation Doing business as Sebastian
Defendant: United Security Bank Real Estate, CA Clovis ST, LLC, Baxter Construction Company, Inc., a limited liability company and Liberty Mutual Insurance Company
3Rd Party Defendant: Great American Insurance Company
3Rd Party Plaintiff: Baxter Construction Company, LLC
Case Number: 1:2020cv01333
Filed: September 17, 2020
Court: US District Court for the Eastern District of California
Presiding Judge: Sheila K Oberto
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2020 Opinion or Order Filing 26 MINUTE ORDER ***TEXT ENTRY ONLY*** Due to the pending motion, the Initial Scheduling Conference currently set for 12/1/2020, is CONTINUED to 6/17/2021, at 9:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, The parties SHALL file their joint scheduling report 7 days prior to the conference. Minute Order signed by Magistrate Judge Sheila K. Oberto on 11/13/2020. (Kusamura, W)
November 12, 2020 Opinion or Order Filing 25 SUMMONS RETURNED EXECUTED: Liberty Mutual Insurance Company served on 11/5/2020, answer due 11/27/2020. (Jeffcoach, Mandy)
November 5, 2020 Opinion or Order Filing 24 SUMMONS ISSUED as to *Liberty Mutual Insurance Company* with answer to complaint due within *21* days. Attorney *Mandy Louise Jeffcoach* *Whitney, Thompson & Jeffcoach, LLP* *8050 North Palm Ave., Suite 110* *Fresno, CA 93711*. (Gonzalez, R)
October 28, 2020 Opinion or Order Filing 23 ANSWER by Audeamus Inc..(Jeffcoach, Mandy)
October 21, 2020 Opinion or Order Filing 22 SUMMONS RETURNED EXECUTED: Great American Insurance Company served on 10/9/2020, answer due 10/30/2020. (Creede, Mark)
October 13, 2020 Opinion or Order Filing 21 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Creede, Mark)
October 9, 2020 Opinion or Order Filing 20 CERTIFICATE of SERVICE by Baxter Construction Company, LLC re #19 Declaration. (Blyth, Stanley)
October 9, 2020 Opinion or Order Filing 19 DECLARATION of Brad Kunz in support of #17 Motion to Change Venue. (Blyth, Stanley)
October 9, 2020 Opinion or Order Filing 18 CERTIFICATE of SERVICE by Baxter Construction Company, LLC re #17 MOTION to CHANGE VENUE. (Blyth, Stanley)
October 9, 2020 Opinion or Order Filing 17 MOTION to CHANGE VENUE by Baxter Construction Company, LLC. Motion Hearing set for 12/1/2020 at 08:30 AM in Courtroom 4 (DAD) before Magistrate Judge Dale A. Drozd MJ. (Blyth, Stanley)
October 8, 2020 Opinion or Order Filing 16 SUMMONS ISSUED as to *Great American Insurance Company* with answer to complaint due within *21* days. Attorney *Mark Lang Creede* *Lang Richert & Patch* *5200 N. Palm Ave., Fourth Floor* *Fresno, CA 93704*. (Jessen, A)
October 7, 2020 Opinion or Order Filing 15 CERTIFICATE of SERVICE by Baxter Construction Company, LLC re #14 Third Party Complaint,,. (Creede, Mark)
October 7, 2020 Opinion or Order Filing 14 THIRD PARTY COMPLAINT against Great American Insurance Company, an Ohio corporation by Baxter Construction Company, LLC. (Attachments: #1 Exhibit Exhibit A to Third Party Complaint, #2 Exhibit Exhibit B to Third Party Complaint, #3 Exhibit Exhibit C to Third Party Complaint, #4 Exhibit Exhibit D to Third Party Complaint (1 of 6), #5 Exhibit Exhibit D to Third Party Complaint (2 of 6), #6 Exhibit Exhibit D to Third Party Complaint (3 of 6), #7 Exhibit Exhibit D to Third Party Complaint (4 of 6), #8 Exhibit Exhibit D to Third Party Complaint (5 of 6), #9 Exhibit Exhibit D to Third Party Complaint (6 of 6))(Creede, Mark)
October 7, 2020 Opinion or Order Filing 13 CERTIFICATE of SERVICE by Baxter Construction Company, LLC re #11 Counterclaim,,. (Creede, Mark)
October 7, 2020 Opinion or Order Filing 12 CERTIFICATE of SERVICE by Baxter Construction Company, LLC re #10 Answer to Complaint. (Creede, Mark)
October 7, 2020 Opinion or Order Filing 11 COUNTERCLAIM against Audeamus Inc. by Baxter Construction Company, LLC. (Attachments: #1 Exhibit Exhibit A to Counterclaim, #2 Exhibit Exhibit B to Counterclaim, #3 Exhibit Exhibit C to Counterclaim, #4 Exhibit Exhibit D to Counterclaim (1 of 6), #5 Exhibit Exhibit D to Counterclaim (2 of 6), #6 Exhibit Exhibit D to Counterclaim (3 of 6), #7 Exhibit Exhibit D to Counterclaim (4 of 6), #8 Exhibit Exhibit D to Counterclaim (5 of 6), #9 Exhibit Exhibit D to Counterclaim (6 of 6))(Creede, Mark)
October 7, 2020 Opinion or Order Filing 10 ANSWER by Baxter Construction Company, LLC.(Creede, Mark)
October 6, 2020 Opinion or Order Filing 9 NOTICE of ERRATA by Audeamus Inc. re #7 Amended Complaint.. (Jeffcoach, Mandy)
September 23, 2020 Opinion or Order Filing 8 CORPORATE DISCLOSURE STATEMENT by Plaintiff Audeamus Inc.. (Jeffcoach, Mandy)
September 23, 2020 Opinion or Order Filing 7 FIRST AMENDED COMPLAINT against Baxter Construction Company, LLC, Liberty Mutual Insurance Company by Audeamus Inc..(Jeffcoach, Mandy)
September 18, 2020 Opinion or Order Filing 6 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 12/1/2020 at 09:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Consent Form, #4 VDRP) (Lundstrom, T)
September 17, 2020 Opinion or Order Filing 5 NOTICE To Plaintiff That Action Has Been Removed To Federal Court by Baxter Construction Company, Inc., a limited liability company re #1 Notice of Removal. (Creede, Mark)
September 17, 2020 Opinion or Order Filing 4 DECLARATION of Michael J. Rashid re #2 Civil Cover Sheet, #1 Notice of Removal, #3 Statement,. (Creede, Mark)
September 17, 2020 Opinion or Order Filing 3 STATEMENT of Baxter Construction Company, L.L.C.'s Disclosure Statement and Certification of Interested Entities or Persons filed by Defendant Baxter Construction Company, Inc., a limited liability company re #2 Civil Cover Sheet, #1 Notice of Removal. (Creede, Mark)
September 17, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET by Baxter Construction Company, Inc., a limited liability company (Creede, Mark)
September 17, 2020 Opinion or Order Filing 1 NOTICE of REMOVAL from Fresno County Superior Court, case number 20CECG02399 by Audeamus Inc., a California corporation dba Sebastian. (Filing fee $ 400, receipt number 0972-9123634) (Creede, Mark)

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Defendant: United Security Bank Real Estate
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Defendant: CA Clovis ST, LLC
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Defendant: Baxter Construction Company, Inc., a limited liability company
Represented By: Stanley Dale Blyth
Represented By: Mark Lang Creede
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Defendant: Liberty Mutual Insurance Company
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Plaintiff: Audeamus Inc., a California corporation dba Sebastian
Represented By: Mandy Louise Jeffcoach
Represented By: Marshall Craig Whitney
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Plaintiff: Audeamus Inc. a California Corporation Doing business as Sebastian
Represented By: Mandy Louise Jeffcoach
Represented By: Marshall Craig Whitney
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3rd party defendant: Great American Insurance Company
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3rd party plaintiff: Baxter Construction Company, LLC
Represented By: Stanley Dale Blyth
Represented By: Mark Lang Creede
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