Divine Enterprises v. Walmart
Defendant: Walmart Doing business as Sam's Club
Petitioner: Divine Enterprises, Inc.
Case Number: 2:2021cv00209
Filed: February 3, 2021
Court: US District Court for the Eastern District of California
Presiding Judge: John A Mendez
Referring Judge: Jeremy D Peterson
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1441 Petition For Removal--Other Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 3, 2021 Opinion or Order Filing 22 JUDGMENT dated *6/3/2021* pursuant to order signed by District Judge John A. Mendez on 6/2/2021 CASE CLOSED. (Reader, L)
June 3, 2021 Opinion or Order Filing 21 ORDER signed by District Judge John A. Mendez on 6/2/2021 GRANTING #17 Walmart's Motion to Dismiss. Divine's claims against it are DISMISSED with Prejudice. Walmart's counsel must send a check payable to the Clerk for the EDCA for $150.00 no later than seven days from the date of this order. (Reader, L)
May 12, 2021 Filing 20 MINUTE ORDER: The motion now calendared for 5/18/2021 is SUBMITTED without appearance and without oral argument pursuant to Local Rule 230(g). Accordingly, the hearing on said motion is VACATED. If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.)
May 4, 2021 Filing 19 REPLY by Walmart re #18 Opposition to Motion. (Booth, Hillary)
April 28, 2021 Filing 18 OPPOSITION by Divine Enterprises, Inc. to #17 Motion to Dismiss. (Attachments: #1 Proof of Service)(Cass, Paul)
April 9, 2021 Filing 17 MOTION to DISMISS by Walmart. Motion Hearing set for 5/18/2021 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Booth, Hillary)
March 26, 2021 Filing 16 FIRST AMENDED COMPLAINT against All Defendants by Divine Enterprises, Inc.. (Attachments: #1 Exhibit Attachment #1, #2 Exhibit Attachment #2, #3 Exhibit Attachment #3, #4 Proof of Service)(Cass, Paul)
March 22, 2021 Opinion or Order Filing 15 ORDER signed by District Judge John A. Mendez on 3/19/21 ORDERING that the proposed amended complaint identified as Attachment #1 to #13 the Stipulation is to be filed by plaintiff. Defendant Walmart shall have 14 days after service of the amended pleading to file a responsive pleading. (Kastilahn, A)
March 19, 2021 Filing 14 PROPOSED ORDER re #13 Stipulation by Divine Enterprises, Inc. (Cass, Paul)
March 19, 2021 Filing 13 STIPULATION to file an Amended Complaint by Divine Enterprises, Inc. (Cass, Paul) Modified on 3/19/2021 (Michel, G.).
March 10, 2021 Filing 12 [DISREGARD] STIPULATION FOR EXTENSION OF TIME to respond to the Complaint by Walmart. (Booth, Hillary) Modified on 3/19/2021 (Michel, G.).
March 10, 2021 Filing 11 MINUTE ORDER: On 2/3/2021, Defendant filed a Notice of Removal. See ECF No. #1 . Defendant was served with the complaint on 1/8/2021. See ECF No. #1 -1. On 3/9/2021, Plaintiff filed an Amended Complaint. See ECF No. #10 . Plaintiff's Amended Complaint was improperly filed. See Fed. R. Civ. P. 15(a)(1)(A). Accordingly, Plaintiff's Amended Complaint, ECF No. #10 , is STRICKEN. Plaintiff shall seek leave of court, in compliance with Fed. R. Civ. P. 15(a)(2) and Local Rule 137(c), prior to re-filing the proposed first amended complaint. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.)
March 9, 2021 Filing 10 [STRICKEN - see 11 Minute Order] FIRST AMENDED COMPLAINT against Walmart by Divine Enterprises, Inc. (Attachments: #1 Attachment #1, #2 Attachment #2, #3 Attachment #3, #4 Proof of Service) (Cass, Paul) Modified on 3/10/2021 (Michel, G.).
February 22, 2021 Filing 9 STIPULATION to Extend time to Plead in Response to Complaint by Walmart. (Booth, Hillary) Modified on 2/23/2021 (Mena-Sanchez, L).
February 19, 2021 Filing 8 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Hillary Arrow Booth for Walmart, attorney Ian Paul Culver terminated (Culver, Ian)
February 9, 2021 Filing 7 STIPULATION Extending time to Plead in Response to Complaint by Walmart. (Culver, Ian) Modified on 2/10/2021 (Becknal, R).
February 8, 2021 Filing 6 CERTIFICATE of SERVICE by Walmart. (Culver, Ian)
February 8, 2021 Filing 5 CERTIFICATE of SERVICE by Walmart re #1 Notice of Removal. (Culver, Ian)
February 3, 2021 Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Benson, A.)
February 3, 2021 Filing 3 CORPORATE DISCLOSURE STATEMENT by Defendant Walmart. (Culver, Ian)
February 3, 2021 Filing 2 CIVIL COVER SHEET by Walmart (Culver, Ian)
February 3, 2021 Filing 1 NOTICE of REMOVAL from Placer County Superior Court, case number S-CV-0046010 by Walmart . (Filing fee $ 402, receipt number 0972-9396589) (Attachments: #1 Exhibit A, #2 Exhibit B)(Culver, Ian)

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Defendant: Walmart Doing business as Sam's Club
Represented By: Ian Paul Culver
Represented By: Hillary Arrow Booth
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Petitioner: Divine Enterprises, Inc.
Represented By: Paul L Cass
Represented By: Paul L. Cass
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