Diener et al v. Super Structures FL, LLC et al
Plaintiff: Michael Diener and Madeleine Marshall
Defendant: Demetrious G Alex, Wallace S. Fulton, Super Structures FL, LLC a Florida Limited Liability Company Doing business as Super Structures of FL, LLC, Dennis H Carter, Jim Alex and Tres Fulton
Case Number: 1:2022cv00394
Filed: April 1, 2022
Court: US District Court for the Eastern District of California
Presiding Judge: Sheila K Oberto
Referring Judge: Jennifer L Thurston
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-(Citizenship)
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 27, 2022 Opinion or Order Filing 13 REPLY by Michael Diener, Madeleine Marshall to RESPONSE to #5 Motion to Remand,,. (Attachments: #1 Declaration Declaration of Eileen R Jackson in Reply to Opposition to Motion to Remand Removal of Civil Action)(Richardson, Joel)
May 18, 2022 Opinion or Order Filing 12 DECLARATION of Nanette M. Beaumont in support of #5 Motion to Remand,,. (Richardson, Joel)
May 18, 2022 Opinion or Order Filing 11 MINUTE ORDER (TEXT ENTRY ONLY) Plaintiffs' request #6 to continue the hearing on the pending motion to dismiss is DENIED. As explained in this court's standing order #2 -1, due to the ongoing lack of judicial resources and until further notice, all civil motions will be submitted for decision on the papers without oral argument. Plaintiffs' separate request for leave to file a declaration in support of their motion to remand, which was inadvertently omitted from their original filing, is GRANTED, as it does not appear Defendants will be prejudiced by the filing. Plaintiffs are instructed to file that document on the docket. The parties are once again warned that rulings on the pending motions may be considerably delayed due to this Court's civil motion backlog signed by District Judge Jennifer L. Thurston on May 18, 2022. (Munoz, I)
May 18, 2022 Opinion or Order Filing 10 REPLY by Demetrious G Alex, Dennis H Carter, Wallace S. Fulton, Super Structures FL, LLC re #3 Motion to Dismiss,. (Attachments: #1 Declaration)(Dardenne, Matthew)
May 18, 2022 Opinion or Order Filing 9 OPPOSITION by Demetrious G Alex, Dennis H Carter, Wallace S. Fulton, Super Structures FL, LLC to #6 Motion to Continue,,. (Dardenne, Matthew)
May 18, 2022 Opinion or Order Filing 8 OPPOSITION by Demetrious G Alex, Dennis H Carter, Wallace S. Fulton, Super Structures FL, LLC to #5 Motion to Remand,,. (Attachments: #1 Request for Judicial Notice)(Dardenne, Matthew)
May 4, 2022 Opinion or Order Filing 7 OPPOSITION by Michael Diener, Madeleine Marshall to #3 Motion to Dismiss,. (Attachments: #1 Declaration Declaration of Nanette M. Beaumont in Opposition to Motion to Dismiss, #2 Declaration Declaration of J. Brent Richardson in Opposition to Motion to Dismiss, #3 Declaration Declaration of Eileen R. Jackson in Opposition to Motion to Dismiss, #4 Proposed Order [proposed] Order on Motion to Dismiss)(Richardson, Joel)
May 4, 2022 Opinion or Order Filing 6 MOTION to CONTINUE Hearing on Defendants' Motion to Dismiss and Plaintiffs' Motion for Remand and for Order Allowing Leave to File Supporting Declaration by Michael Diener, Madeleine Marshall. Motion Hearing set for 5/26/2022 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Declaration Declaration of Nanette M. Beaumont in Support of Ex Parte Application for Order Continuing Hearing on Defendants' Motion to Dismiss and Plaintiffs' Motion for Remand and for Order Allowing Leave to File Supporting Declaration, #2 Proposed Order [proposed] Order on Ex Parte Application)(Richardson, Joel)
April 29, 2022 Opinion or Order Filing 5 MOTION to REMAND Removal of Civil Action by Michael Diener, Madeleine Marshall. Motion Hearing set for 6/6/2022 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Declaration Declaration of J Brent Richardson in Support of Motion to Remand Removal of Civil Action, #2 Declaration Declaration of Eileen R. Jackson in Support of Motion to Remand Removal of Civil Action, #3 Proposed Order [proposed] Order on Motion to Remand Removal of Civil Action)(Richardson, Joel)
April 21, 2022 Opinion or Order Filing 4 MINUTE ORDER (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed motion to dismiss #3 will be decided on the papers. No hearing will be calendared. The hearing date selected by the movant will nonetheless serve to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c). The parties are further informed that as a result of the judicial resource emergency described in this Court' ;s standing order re judicial emergency, more than 80 motions remain under submission in the caseload recently re-assigned to the undersigned. Although the Court has begun the process of working through this significant backlog, it may still be many months until the motion in this matter is resolved. The Court reiterates that magistrate judge consent may alleviate some of the delays caused by the resource emergency signed by District Judge Jennifer L. Thurston on April 21, 2022. (Munoz, I)
April 21, 2022 Opinion or Order SERVICE BY MAIL: 4 Minute Order served on Nanette Beaumontt NCAED, J. Brent Richardson NCAED. (Munoz, I)
April 20, 2022 Opinion or Order Filing 3 MOTION to DISMISS by Demetrious G Alex, Dennis H Carter, Wallace S. Fulton, Super Structures FL, LLC. Motion Hearing set for 5/26/2022 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Memorandum, #2 Declaration, #3 Request for Judicial Notice, #4 Proof of Service)(Dardenne, Matthew)
April 5, 2022 Opinion or Order Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 7/21/2022 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Martin-Gill, S)
April 1, 2022 Opinion or Order RECEIPT number ACAEDC-10156554 for $402.00 for Super Structures FL, LLC et al from Matthew R. Dardenne. (Jessen, A)
April 1, 2022 Opinion or Order Filing 1 NOTICE of REMOVAL from Mariposa County Superior Court, case number 11757 by All Defendants. (Attachments: #1 Civil Cover Sheet, #2 Declaration, #3 Request for Judicial Notice)(Dardenne, Matthew)

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Defendant: Demetrious G Alex
Represented By: Matthew R. Dardenne
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Defendant: Wallace S. Fulton
Represented By: Matthew R. Dardenne
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Defendant: Super Structures FL, LLC a Florida Limited Liability Company Doing business as Super Structures of FL, LLC
Represented By: Matthew R. Dardenne
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Defendant: Dennis H Carter
Represented By: Matthew R. Dardenne
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Defendant: Jim Alex
Represented By: Matthew R. Dardenne
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Defendant: Tres Fulton
Represented By: Matthew R. Dardenne
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Plaintiff: Michael Diener
Represented By: J. Brent Richardson, NCAED
Represented By: Nanette Beaumontt, NCAED
Represented By: Joel Brent Richardson
Represented By: Nanette M. Beaumont
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Plaintiff: Madeleine Marshall
Represented By: J. Brent Richardson, NCAED
Represented By: Nanette Beaumontt, NCAED
Represented By: Joel Brent Richardson
Represented By: Nanette M. Beaumont
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