Leahy v. CMH Homes, Inc.
| Linda Leahy |
| CMH Homes, Inc. a Tennessee Corporation Doing business as Clayton Homes, Inc. |
| 2:2024cv01855 |
| July 3, 2024 |
| U.S. District Court for the Eastern District of California |
| Carolyn K Delaney |
| Kimberly J Mueller |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract |
| Defendant |
Docket Report
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| Document Text |
|---|
| Filing 17 OPPOSITION by Linda Leahy to #15 Motion to Compel,. (Attachments: #1 Declaration Linda Leahy, #2 Declaration Elan Dunaev) (Dunaev, Elan) |
| Filing 16 STATEMENT of NON-OPPOSITION by CMH Homes, Inc. to #15 Motion to Compel. (Weber, Matthew) |
| Filing 15 AMENDED #8 MOTION to COMPEL Arbitration by CMH Homes, Inc. Motion Hearing SET for 9/13/2024 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Julie Campbell, #3 Declaration of Lisa Caruso, #4 Proof of Service) (Weber, Matthew) Modified on 7/30/2024 (Mena-Sanchez, L). |
| Filing 14 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 12/12/2024 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Consent Form, #2 VDRP) (Licea Chavez, V) |
| Filing 13 MINUTE ORDER issued by Courtroom Deputy L. Kennison for Chief Magistrate Judge Carolyn K. Delaney on 7/29/2024: Considering this case's reassignment to Chief District Judge Kimberly J. Mueller, Defendant's Motion to Compel Arbitration (ECF No. #8 ) set for 8/21/2024 before the undersigned is hereby VACATED without prejudice, to be re-noticed before the District Judge. SO ORDERED. (Text Only Entry) (Kennison, L) |
| Filing 12 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to Chief District Judge Kimberly J. Mueller and Magistrate Judge Carolyn K. Delaney. The new case number is: 2:24-cv-1855 KJM CKD. (Licea Chavez, V) |
| Filing 11 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. (Dunaev, Elan) |
| Filing 10 DEMAND for TRIAL by JURY by CMH Homes, Inc.. (Weber, Matthew) |
| Filing 9 MINUTE ORDER issued by Courtroom Deputy L. Kennison for Chief Magistrate Judge Carolyn K. Delaney on 7/17/2024: This case was removed on 7/3/2024 and assigned solely to the undersigned pursuant to Appendix A of the court's Local Rules. Under the Initial Scheduling Order, all parties were to inform the Clerk of Court of their decision whether to Consent or Decline magistrate judge jurisdiction for all purposes in this case by filing their Consent/Decline form (ECF No. 4-1) within 90 days of the date the action was filed. On 7/16/2024, defendant filed a #8 Motion to Compel Arbitration, set for hearing on a date the undersigned is not available. Before rescheduling the motion, the court must determine whether all parties consent to magistrate judge jurisdiction for all purposes. There is no obligation to consent, and no judge will be notified of a party's decision unless all parties have consented. See Fed. R. Civ. P. 73(b)(1). However, for proper case administration, each party must inform the Clerk of Court whether or not it consents to magistrate judge jurisdiction for all purposes. Therefore, no later than fourteen (14) days from the date of this order, all parties SHALL file their Consent/Decline form. SO ORDERED. (Text Only Entry) (Kennison, L) |
| SERVICE BY MAIL: 9 Minute Order served on Elan J. Dunaev. (Kennison, L) |
| Filing 8 MOTION to COMPEL Arbitration by CMH Homes, Inc. Motion Hearing SET for 8/21/2024 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Julie Campbell, #3 Declaration of Lisa Caruso, #4 Proposed Order) (Weber, Matthew) Modified on 7/18/2024 (Mena-Sanchez, L). |
| Filing 7 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. (Weber, Matthew) |
| Filing 6 CERTIFICATE / PROOF of SERVICE by CMH Homes, Inc. re #4 Civil New Case Documents for Magistrate as Presider. (Weber, Matthew) |
| Filing 5 CERTIFICATE / PROOF of SERVICE by CMH Homes, Inc. re #2 Civil Cover Sheet, #3 Notice of Interested Parties, #1 Notice of Removal. (Weber, Matthew) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Mena-Sanchez, L) |
| Filing 3 NOTICE OF INTERESTED PARTIES by CMH HOMES, INC.. (Weber, Matthew) |
| Filing 2 CIVIL COVER SHEET filed by CMH HOMES, INC. (Weber, Matthew) |
| Filing 1 NOTICE of REMOVAL from Yolo County Superior Court, case number CV2024-1099 by CMH Homes, Inc. (Filing fee $ 405, receipt number ACAEDC-11615820) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Weber, Matthew) |
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| Defendant: CMH Homes, Inc. a Tennessee Corporation Doing business as Clayton Homes, Inc. | |
| Represented By: | Matthew Joseph Weber |
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| Plaintiff: Linda Leahy | |
| Represented By: | Elan J. Dunaev |
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