CTI III, LLC v. Devine et al
Plaintiff: CTI III, LLC
Defendant: Barry Devine and Tri-Merit, LLC
Case Number: 2:2021cv02184
Filed: November 24, 2021
Court: US District Court for the Eastern District of California
Presiding Judge: Deborah Barnes
Referring Judge: John A Mendez
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Contract Dispute
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 5, 2022 Filing 24 ANSWER by Barry Devine.(Thornton, Cara)
June 9, 2022 Filing 23 ANSWER with Jury Demand by Tri-Merit, LLC.(Kappes, Kurt)
June 9, 2022 Filing 22 [DISREGARD SEE DOC 23] ANSWER with Jury Demand by Tri-Merit, LLC.(Orlando, Madeline) Modified on 6/9/2022 (Rodriguez, E).
May 26, 2022 Opinion or Order Filing 21 ORDER signed by District Judge John A. Mendez on 5/25/2022 GRANTING #13 Motion to Dismiss Claims 5-8 and GRANTING IN PART AND DENYING IN PART #14 Motion to Dismiss. If CTI elects to amend its complaint, it shall file its Second Amended Complaint within 20 days of this Order. Defendants' responsive pleadings are due within 20 days thereafter. (Perdue, C.)
May 26, 2022 Filing 20 NOTICE of CHANGE of ADDRESS by Todd Michael Noonan. (Noonan, Todd)
March 30, 2022 Filing 19 MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge John A. Mendez on 3/30/2022: The motions now calendared for 4/5/2022 are SUBMITTED without appearance and without oral argument pursuant to Local Rule 230(g). As such, the hearing on said motions 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.)
March 29, 2022 Filing 18 REPLY by Barry Devine to RESPONSE to #14 Motion to Dismiss. (Thornton, Cara)
March 29, 2022 Filing 17 REPLY by Tri-Merit, LLC to RESPONSE to #13 Motion to Dismiss. (Kappes, Kurt)
March 22, 2022 Filing 16 OPPOSITION by CTI III, LLC to #13 Motion to Dismiss. (Sahae, Ravi)
March 22, 2022 Filing 15 OPPOSITION by CTI III, LLC to #14 Motion to Dismiss,. (Sahae, Ravi)
January 28, 2022 Filing 14 MOTION to DISMISS by Barry Devine. Motion Hearing set for 4/5/2022 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Request for Judicial Notice and Declaration of Barry Devine)(Thornton, Cara) Modified on 2/1/2022 (Kastilahn, A).
January 28, 2022 Filing 13 MOTION to DISMISS by Tri-Merit, LLC. Motion Hearing set for 4/5/2022 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Kappes, Kurt)
January 25, 2022 Opinion or Order Filing 12 PRETRIAL SCHEDULING ORDER signed by District Judge John A. Mendez on 01/24/2022 SCHEDULING the dates as follows: Dispositive Motions filed by 12/15/2023; Hearing on such Motions shall be on 1/23/2024 at 1:30 PM; Discovery due by 11/3/2023; Designation of Expert Witnesses due by 8/4/2023; Supplemental Disclosure and Disclosure of any Rebuttal Experts shall be made by 9/1/2023; Not later than 14 days prior to the close of Discovery, the parties shall file a Brief Joint Statement; Final Pretrial Conference set for 3/15/2024 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez; Jury Trial set for 4/29/2024 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Rodriguez, E)
January 24, 2022 Filing 11 JOINT STATUS REPORT by Tri-Merit, LLC. (Pickles, Todd)
January 7, 2022 Filing 10 FIRST AMENDED COMPLAINT against All Defendants by CTI III, LLC. Attorney Bovarnick, Steven H. added.(Bovarnick, Steven)
December 21, 2021 Opinion or Order Filing 9 STIPULATION and ORDER signed by District Judge John A. Mendez on 12/20/21 ORDERING that Plaintiff shall file an amended complaint by 01/07/22 with Defendants' responses due by 01/28/22. (Benson, A.)
December 20, 2021 Filing 8 STIPULATION and PROPOSED ORDER to Set Dates for Filing of Amended Complaint and Responses to Amended Complaint by Tri-Merit, LLC. (Pickles, Todd)
December 10, 2021 Opinion or Order Filing 7 ORDER signed by District Judge John A. Mendez on 12/10/2021 GRANTING #6 Application for Pro Hac Vice. Added attorney Cara Fishburn Thornton, PHV for Barry Devine. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Mena-Sanchez, L)
December 9, 2021 Filing 6 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Barry Devine for attorney Cara Fishburn Thornton to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-9967671) (Noonan, Todd)
November 30, 2021 Filing 5 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. (Pickles, Todd)
November 30, 2021 Filing 4 CERTIFICATE of SERVICE by Tri-Merit, LLC. (Pickles, Todd)
November 24, 2021 Filing 3 STIPULATION to EXTEND TIME to 12/29/2021, for Defendants to Respond to Complaint by Tri-Merit, LLC. (Kappes, Kurt)
November 24, 2021 Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Coll, A)
November 24, 2021 Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 34-2021-00310049 by CTI III, LLC. (Filing fee $ 402, receipt number ACAEDC-9944796) (Attachments: #1 Civil Cover Sheet)(Kappes, Kurt)

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Plaintiff: CTI III, LLC
Represented By: David B. Tillotson
Represented By: Ravi D. Sahae
Represented By: Steven H. Bovarnick
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Defendant: Barry Devine
Represented By: Todd Michael Noonan
Represented By: Cara Fishburn Thornton, PHV
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Defendant: Tri-Merit, LLC
Represented By: Kurt A. Kappes
Represented By: Madeline Orlando
Represented By: Todd Alexander Pickles
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