DeMartini, et al. v. DeMartini, et al.
Plaintiff: Timothy P. DeMartini and Margie DeMartini
Defendant: Michael J. DeMartini and Renate DeMartini
Counter_claimant: Renate DeMartini and Michael J. DeMartini
Counter_defendant: Margie DeMartini and Timothy P. DeMartini
Case Number: 2:2014cv02722
Filed: November 20, 2014
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Nevada
Presiding Judge: Carolyn K. Delaney
Presiding Judge: John A. Mendez
Nature of Suit: Other Statutory Actions
Cause of Action: 28:1441
Jury Demanded By: Defendant

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
July 17, 2019 Opinion or Order Filing 428 ORDER signed by District Judge John A. Mendez on 07/16/19 DENYING 414 plaintiffs' Motion for Attorney Fees. (Benson, A.)
March 1, 2019 Opinion or Order Filing 408 ORDER signed by District Judge John A. Mendez on 3/1/2019 DENYING 403 Renewed Motion to Stay and to Dismiss. (Huang, H)
November 28, 2018 Opinion or Order Filing 401 ORDER signed by District Judge John A. Mendez on 11/27/2018 GRANTING plaintiffs' request to withdraw 392 motion for certification of the partial judgment. Defendants' request for a stay of the present case is DENIED. (Zignago, K.)
August 9, 2018 Opinion or Order Filing 380 ORDER signed by District Judge John A. Mendez on 8/9/2018 DENYING 362 Motion for Attorney Fees. (York, M)
July 27, 2018 Opinion or Order Filing 375 ORDER signed by District Judge John A. Mendez on 7/26/18. The Court DENIES Defendants' Motion for Judgment as a Matter of Law, New Trial, or Amended Judgment 360 . (Mena-Sanchez, L)
May 30, 2018 Opinion or Order Filing 361 FINDINGS of FACT and CONCLUSIONS of LAW; INTERLOCUTORY JUDGMENT signed by District Judge John A. Mendez on 5/30/18 ORDERING the Grass Valley Property, commonly known as 12757, 12759, and 12761 Loma Rica Drive, Grass Valley, CA, and more particular ly described below, shall be partitioned in kind and divided between Plaintiffs and Defendants in proportion to their fifty percent interest in the property; Michael J. DeMartini is to submit a proposed plan for subdivision by 6/30/18. The part ition in kind must be completed no later than 6/30/19, or the Court will appoint a referee to carry out its Order. Should the parties not agree, Plaintiffs' objections to the proposal are due 7/15/18; Nothing in this Order precludes the parties from agreeing to partition by appraisal and filing the appropriate documentation with the Court. (Becknal, R)
May 4, 2018 Opinion or Order Filing 347 AMENDED PARTIAL JUDGMENT dated *5/4/2018* Under FRCP 54(B) signed by District Judge John A. Mendez on 5/4/2018 IT IS SO ORDERED ADJUDGED AND DECREED that Plaintiffs Timothy and Margie DeMartini have judgment against Defendants Michael and Renate DeMa rtini: Plaintiff Timothy and Margie DeMartini have and recover from Defendants Michael and Renate DeMartini, jointly and severally damages in the sum of $68,606.25 pluse prejudgment interest of $26,996.80 with interest thereon from the date of the judgment until paid together with costs and disbursements; Prejudgment interest from 5/23/2014 to 4/27/2018 is calculated based on a rate of $18.80 per day; Cross-Complainants Michael and Renate DeMartini have and recover nothing by reas on of their counterclaims for Declaratory Relief, Breach of Contract and Defamation against Cross-Defendants Timothy and Margie DeMartini and that Cross-Defendants Timothy and Margie DeMartini shall have and recover from Cross-Complainants Michael and Renate DeMartini jointly and severally costs and disbursements. (Reader, L)
April 30, 2018 Opinion or Order Filing 345 PARTIAL JUDGMENT ORDER signed by District Judge John A. Mendez on 4/30/2018 ORDERING 333 that Judgment is hereby ENTERED in favor of Plaintiffs Timothy P. and Margie DeMartini against Defendants Michael J. and Renate DeMartini, Jointly and severall y upon Defendants' counterclaims for declaratory relief, breach of contract and defamation; Plaintiffs Timothy P. and Margie DeMartini have judgment against defendants Michael J. and Renate DeMartini; Plaintiffs Timothy P. and Margie DeMartini h ave and recover from defendants jointly and severally damages in the sum of $68,606.25 plus prejudgment interest of $26, 996.80 with interest thereon from the date of the judgment until paid together with costs and disbursements; Prejudgment interest from 5/23/2014 to 4/27/2018 is calculated based on a rate of $18.80 per day.(Reader, L)
March 13, 2018 Opinion or Order Filing 293 ORDER signed by District Judge John A. Mendez on 3/13/18 GRANTING IN PART Defendants' 290 Motion Requesting Issuance of Subpoenas to Trial Witnesses. The Clerk is directed to issue subpoenas for trial for the persons listed in Exhibit A to Defendants' motion, excluding James (Jim) C. DeMartini, Douglas Johnson, and Mark Gilmartin. (Kastilahn, A)
March 1, 2018 Opinion or Order Filing 288 COURT'S RESPONSE signed by District Judge John A. Mendez on 2/28/2018 to Defendants' 287 Objections or Response to Pretrial Conference Order. Jury Trial will COMMENCE on 4/16/2018, at 09:00 AM, in Courtroom 6 (JAM), before District Judge John A. Mendez. The estimate of trial time will not be modified. (York, M)
February 20, 2018 Opinion or Order Filing 284 PRETRIAL CONFERENCE ORDER signed by District Judge John A. Mendez on 2/20/18: Trial will commence on April 16, 2018, at 9:00 a.m. Each party is granted seven days from the date of this Pretrial Order to object or respond to it via ECF. (Kaminski, H)
December 20, 2017 Opinion or Order Filing 267 ORDER signed by District Judge John A. Mendez on 12/19/17 GRANTING 202 Motion for Summary Judgment and ADOPTING 232 FINDINGS and RECOMMENDATIONS. This case shall proceed to trial on the remaining claims.(Kaminski, H)
September 6, 2017 Opinion or Order Filing 261 ORDER granting 256 REQUEST to SEAL signed by Magistrate Judge Carolyn K. Delaney on 9/6/17. (Kaminski, H)
August 15, 2017 Opinion or Order Filing 254 ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/15/2017 DENYING 244 Motion to Stay; ORDERING the defendants to file any objections to 232 Findings and Recommendations within fourteen (14) days. (Michel, G.)
June 27, 2017 Opinion or Order Filing 241 ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/27/17, ORDERING that Defendants' 238 motion for extension of time is GRANTED. Defendants shall file objections to the 6/14/2017 findings and recommendations no later than 7/12/2017. (Kastilahn, A)
June 14, 2017 Opinion or Order Filing 232 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/13/2017 RECOMMENDING that Plaintiff's 202 motion for summary judgment be granted. Motion referred to Judge John A. Mendez. Objections to F&R due within 14 days. (Zignago, K.)
June 6, 2017 Opinion or Order Filing 228 ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/6/2017 ORDERING that the 226 summons directing defendants to answer the Second Amended Complaint is VACATED. (Zignago, K.)
June 1, 2017 Opinion or Order Filing 224 ORDER signed by District Judge John A. Mendez on 5/31/2017 ADOPTING IN FULL 214 Findings and Recommendations; GRANTING 195 Motion to Amend the Complaint; DIRECTING the Clerk of Court to separately file and docket the Proposed Second Amended Compl aint (at ECF 195 ); SEVERING the third cause of action for dissolution of partnership in the 225 Second Amended Complaint from the remaining claims; REMANDING the severed claim to the Superior Court for the State of California, County of Nevada, case no. 80744. (Michel, G.)
May 1, 2017 Opinion or Order Filing 215 ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/1/2017 ORDERING Opposition due by 5/15/2017 and Replies due by 5/22/2017 re 202 Motion for Summary Judgment. 202 Motion for Summary Judgment SET for 5/31/2017 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Washington, S)
April 14, 2017 Opinion or Order Filing 213 ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/14/2017 ORDERING that plaintiffs' 198 motion to require defendants to post bond, security or undertaking is DENIED. Plaintiffs' request to dismiss the counterclaims is DENIED without prejudice. (Zignago, K.)
April 11, 2017 Opinion or Order Filing 212 ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/10/2017 VACATING the Motion Hearing on 195 Motion to Amend the Complaint, 198 Motion to Require Defendants to Post Bond/Motion to Dismiss Counterclaims; SUBMITTING said matters on the briefs; VACATING the Motion Hearing on 202 Motion for Summary Judgment; INFORMING all parties that a briefing schedule will be set on the matter after the expiration of the automatic stay. (Michel, G.)
March 31, 2017 Opinion or Order Filing 210 ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/31/17: Defendants' motion for subpoenas (ECF No. 203) is granted. The Clerk of Court is directed to issue subpoenas for plaintiffs disclosed experts: Richard Cook, Erin Bechtold, Dusti n Grate, Don Vilfer, and Daniel Ketcham. Expert discovery is extended past the April 19, 2017 cut-off to May 3, 2017, solely for the purpose of conducting the deposition of plaintiffs' disclosed expert CPA Richard Cook. [Defendant Michael J. DeMartini to provide completed subpoenas to the Clerk of Court for issuance] (Kaminski, H)
March 2, 2017 Opinion or Order Filing 196 ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/1/2017 ORDERING no later than 3/8/2017, plaintiffs shall serve a copy of 195 Motion to Amend the Complaint and supporting documents on the proposed additional defendant trustees and shall fil e a proof of service. Opposition, if any, to the motion shall be filed no later than 3/22/2017. Reply, if any, shall be filed no later than 3/29/2017. Defendant trustees shall not be permitted to proceed pro se. The Motion to Amend is CONTINUED to 4/19/2017 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Washington, S)
February 17, 2017 Opinion or Order Filing 193 ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/17/2017 ORDERING that the deposition of Timothy DiMartini take place at the Federal Courthouse in Sacramento by 2/22/2017. (Michel, G.)
February 14, 2017 Opinion or Order Filing 191 ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/14/2017 DENYING 181 Motion to Compel; DENYING 189 Motion for Extension of Time. (Michel, G.)
January 11, 2017 Opinion or Order Filing 179 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/11/2017 ORDERING Plaintiffs are awarded $2,500.00 in attorneys' fees incurred in connection with the motion to compel amended initial disclosure. Plaintiffs are awarded $1,750.00 in attorneys' fees incurred in connection with the motion to compel production of electronically stored information. (Reader, L)
January 6, 2017 Opinion or Order Filing 178 ORDER signed by District Judge John A. Mendez on 1/6/2017 GRANTING 159 Motion for TRO and ADOPTING in FULL 173 Findings and Recommendations. Defendants Michael DeMartini and Renate DeMartini are directed to vacate the 12757 Loma Rica Dr., Grass Valley, CA forthwith and immediately and all other conditions of the TRO as detailed in the order. Within seven days of the date of this order, defendants shall show cause in writing why a preliminary injunction enjoining them from engaging in the conduct set forth above during the pendency of this action should not be issued. (Washington, S)
December 22, 2016 Opinion or Order Filing 173 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/22/16 ORDERING that plaintiffs' request that defendants be ordered to post a bond is DENIED without prejudice to a renewal of that request through a pro perly noticed motion that provides defendants an opportunity to oppose plaintiffs' request; and RECOMMENDING that plaintiff's 159 Motion for TRO be granted, that defendants Michael DeMartini and Renate DeMartini be directed to vacate the 12757 Loma Rica Dr., Grass Valley, CA property and all other conditions of the TRO as detailed in the order; defendants be ordered to deliver to plaintiffs' attorney Kirk Rimmer within 5 days of the date of an order regarding these F&Rs a "Notice of Cancellation" of the "Memorandum of Lease" recorded at the Nevada County Recorder's Office by defendant Michael DeMartini on 10/20/16, as Document No. 20160024151; that defendants be directed to appear before t he undersigned on a date no later than 14 days after the date of an order regarding these F&Rs to show cause why a preliminary injunction enjoining them from engaging in the conduct set forth above during the pendency of this action should not be issued. Referred to Judge John A. Mendez; Objections to these F&Rs due within 14 days. (Benson, A)
December 8, 2016 Opinion or Order Filing 146 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/8/2016 ORDERING that the 120 Motion to Compel is GRANTED. No later than 12/14/2016, defendants shall provide a second amended initial disclosure that complies with Federal Rule of Civil Pro cedure 26(a)(1)(A). No later than 12/14/2016, plaintiffs shall provide an itemization of the attorneys' fees incurred in connection with the motion. Objection to the attorneys' fees shall be filed no later than 12/21/2016. The matter of a ttorneys' fees shall thereafter stand submitted. The scheduling order is modified as follows: Discovery shall be completed by 2/22/2017; Expert disclosures shall be made no later than 3/3/2017; Rebuttal expert disclosures shall be made no late r than 3/17/2017; Expert discovery shall be completed by 4/19/2017; All pretrial motions, except motions to compel discovery, shall be completed by 6/7/2017; Pretrial conference is CONTINUED to 8/25/2017 at 10:00 a.m. before the Honorable John A. Mendez; Jury trial is CONTINUED to 10/23/2017 at 9:00 a.m. before the Honorable John A. Mendez. (Zignago, K.)
December 7, 2016 Opinion or Order Filing 144 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/6/2016 ORDERING that the hearing date of 12/14/2016 is VACATED. Plaintiffs' 122 motion to compel production of documents is GRANTED. No later than 12/12/2016, defendants shall provid e the electronic copies of computer files made by plaintiffs' forensic computer examiner on November 29-30, 2016. No later than 12/12/2016, defendants shall make available for inspection and copying the two boxes of documents produced on 12/2 /2016 but which defendants did not permit the copy service to copy (see ECF No. 136 , 16), and all documents as described in the declaration of Yasmin Quilat at paragraph 3 (ECF No. 137 at 2:22-3:9). No later than 12/12/2016, defendants may file an opposition to plaintiffs' request for attorneys' fees incurred in connection with the motion. No later than 12/16/2016, plaintiffs may file a reply. The matter of expenses shall thereafter stand submitted. (Zignago, K.)
December 6, 2016 Opinion or Order Filing 142 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/6/2016 GRANTING 123 and 127 motions for issuance of subpoenas. The Clerk of Court is directed to issue subpoenas for the depositions of witnesses Susan McGuire and Greg Baerreson. The subpoenas so issued shall not be subpoenas duces tecum. (Zignago, K.)
November 18, 2016 Opinion or Order Filing 121 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/18/2016 FINDING that non-party Mark DeDartini was not served with a subpoena duces tecum for the deposition at issue; ORDERING that no questioning be allowed at the deposition on the e-mail contents of Mark DeMartini's cell phone. (Michel, G.)
November 12, 2016 Opinion or Order Filing 116 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/12/2016: The hearing date of November 16, 2016 is vacated; plaintiffs motion to quash subpoena (ECF No. 111) is granted; the Clerk of Court is directed to issue no further subpoenas upon reque st of defendants absent further order of the court. Defendants may, by motion, request issuance of a subpoena. A subpoena shall not issue absent a showing of good cause. Defendants are cautioned that serving any further subpoenas without permission of this court shall result in a recommendation that their answer be stricken and that their counterclaim be dismissed. (Owen, K)
November 9, 2016 Opinion or Order Filing 112 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/09/16 ORDERING that plaintiffs' 109 Motion to Quash and for Protective Order is GRANTED; the 11/16/16 hearing date is VACATED. (Benson, A)
June 20, 2016 Opinion or Order Filing 103 ORDER adopting in full 99 , 101 FINDINGS AND RECOMMENDATIONS filed on 4/14/16, as amended on 4/29/16, signed by District Judge John A. Mendez on 6/17/16. Plaintiffs/counterdefendants' 86 special motion to strike is granted as to the cl aims for breach of contract, wrongful ouster, and intentional interference with contractual relations alleged in the first amended answer and counterclaim. Plaintiffs/counterdefendants are awarded attorneys' fees and costs in the amount of  6;4,600. Plaintiffs/counterdefendants' motion to dismiss defendants/counterclaimants' claims for defamation and defamation per se is denied. Plaintiffs/counterdefendants' motion to dismiss defendants/counterclaimants' claim for malicious and oppressive conduct is granted without prejudice to its renewal as an allegation insupport of punitive damages. Defendants/counterclaimants' claims for attorneys' fees is stricken. (Kastilahn, A)
April 29, 2016 Opinion or Order Filing 101 AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/28/16, amending 99 FINDINGS and RECOMMENDATIONS. Matter referred to District Judge John A. Mendez. Within 14 days after being served with these amended findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
April 14, 2016 Opinion or Order Filing 99 ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/14/16 ORDERING that Plaintiffs' Request for Judicial notice (ECF No. 86-2) is GRANTED; Plaintiffs' MOTION for more definite statement (ECF No. 86 ) is GRANTED. IT IS HEREBY RECO MMENDED that Plaintiffs/counterdefendants' special MOTION to Strike under California Code of Civil Procedure § 425.16 (ECF No. 86 ) be granted as to the claims for breach of contract, wrongful ouster, and intentional interference with contractual relations alleged in the first amended answer and counterclaim; Plaintiffs/counterdefendants be awarded attorneys' fees and costs pursuant to California Code of Civil Procedure § 425.16 (c) in the amount of $4,600; Plai ntiffs/counterdefendants' MOTION to dismiss defendants/counterclaimants' claims for defamation and defamation per se be denied; Plaintiffs/counterdefendants' MOTION to dismiss defendants/counterclaimants' claim for malicious an d oppressive conduct be denied without prejudice to its renewal as an allegation in support of punitive damages; and Defendants/counterclaimants' claims for attorneys' fees be stricken. These Findings and Recommendations are submitted U.S. District Judge John A. Mendez; Objections to these F&Rs due within fourteen days.(Mena-Sanchez, L)
December 1, 2015 Opinion or Order Filing 98 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/1/2015 ORDERING 87 that Defendants' Motion to disqualify counsel is DENIED. (Reader, L)
September 28, 2015 Opinion or Order Filing 72 STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/28/2015 ORDERING that Plaintiffs are permitted to file their First Amended Complaint. Defendants/Counter-claimants are permitted to file their proposed Amended Answer and Coun ter-claim. Plaintiffs shall have twenty (20) days from the date of the Courts Order on this Stipulation to respond to the Amended Counterclaim. Entry of the Order on this Stipulation shall not serve to vacate, or otherwise change or effect, the Court's 9/3/2015 Status (Pretrial Scheduling) Order, all of whose provisions shall remain in effect. (Zignago, K.)
September 3, 2015 Opinion or Order Filing 69 STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/2/15: The hearing date of 10/7/15 on plaintiffs' motion to amend is vacated. The matter shall thereafter stand submitted. Discovery due by 11/2/2016. Dis positive Motions filed by 2/8/2017. Final Pretrial Conference set for 4/7/2017 at 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial set for 6/5/2017 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kaminski, H)
June 29, 2015 Opinion or Order Filing 63 STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/26/15 GRANTING 50 Motion for Order for return of bond with interest. Good cause appearing therefor, the $10,000 cash deposit posted by Plaintiffs with the Clerk of th e Nevada County Superior Court on 9/17/14 as security for the issuance of the Court's 9/16/14 temporary restraining order, and all interest accrued thereon from the date of deposit, SHALL be released to Plaintiffs, and the Clerk of the Nevada County Superior Court is AUTHORIZED to do so. (cc: Nevada County Superior Court; Financial). (Meuleman, A)
June 18, 2015 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/18/2015 ORDERING Plaintiff's motion to compel counter-claimants to post security for costs by plaintiffs 40 is DENIED; Plaintiffs motion to strike 53 is DENIED with respect to those ma tters which are properly subject to judicial notice; This matter is set for status conference on 9/2/2015 at 10:00 a.m. in Courtroom No. 24; Status reports setting forth the matters described in the civil new case documents issued 11/21/2014 30 shall be filed no later than 8/19/2015. (Reader, L)
May 11, 2015 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/11/15. The 5/27/15 hearing as to 40 Motion to Compel is VACATED and continued to 6/24/2015 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Opposition due no later than 6/3/15. Reply to opposition due no later than 6/10/15. (Manzer, C)
March 4, 2015 Opinion or Order Filing 35 ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/3/15 GRANTING 34 Request to Utilize Electronic Filing filed by Renate DeMartini, Michael J. DeMartini. Within 7 days from the date of this order, plaintiffs shall provide an e-mail address to the court for purposes of electronic filing. (Meuleman, A)
November 19, 2014 Opinion or Order Filing 26 ORDER granting 12 Motion to Change Venue; denying 7 Motion to Remand; granting 5 Motion to Extend Time; denying as moot 13 Motion to Shorten Time; granting 10 Motion to Substitute Attorney. The Clerk shall transfer the case to the Eastern District of CA. Signed by Judge Robert C. Jones on 11/19/2014. (Copies have been distributed pursuant to the NEF - KR) [Transferred from nvd on 11/20/2014.]
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Search for this case: DeMartini, et al. v. DeMartini, et al.
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Plaintiff: Timothy P. DeMartini
Represented By: Kelley R. Carroll
Represented By: Peter H. Cuttitta
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Plaintiff: Margie DeMartini
Represented By: Kelley R. Carroll
Represented By: Peter H. Cuttitta
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Defendant: Michael J. DeMartini
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Defendant: Renate DeMartini
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Counter_claimant: Renate DeMartini
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Counter_claimant: Michael J. DeMartini
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Counter_defendant: Margie DeMartini
Represented By: Kelley R. Carroll
Represented By: Peter H. Cuttitta
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Counter_defendant: Timothy P. DeMartini
Represented By: Kelley R. Carroll
Represented By: Peter H. Cuttitta
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