DMS Drywall & Interior Systems, Inc. et al v. Patriot Construction et al
Plaintiff: DMS Drywall & Interior Systems, Inc. and The United States of America for the Use and Benefit of DMS Drywall & Interior Systems, Inc.
Defendant: Patriot Construction and Fidelity and Deposit Company of Maryland
Case Number: 3:2023cv04743
Filed: September 14, 2023
Court: US District Court for the Northern District of California
Presiding Judge: Sallie Kim
Referring Judge: William H Orrick
Nature of Suit: Miller Act
Cause of Action: 40 U.S.C. ยง 270 Miller Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 7, 2023 Filing 14 CERTIFICATE OF SERVICE by The United States of America for the Use and Benefit of DMS Drywall & Interior Systems, Inc., DMS Drywall & Interior Systems, Inc. re #1 Complaint, (Spencer, Daniel) (Filed on 11/7/2023)
November 6, 2023 Opinion or Order Filing 13 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 11/6/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 11/6/2023)
November 6, 2023 Filing 12 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mkl, COURT STAFF) (Filed on 11/6/2023)
November 3, 2023 Filing 11 NOTICE of Appearance by David William Smiley (Smiley, David) (Filed on 11/3/2023)
November 3, 2023 Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The United States of America for the Use and Benefit of DMS Drywall & Interior Systems, Inc., DMS Drywall & Interior Systems, Inc... (Spencer, Daniel) (Filed on 11/3/2023)
October 30, 2023 Filing 9 ANSWER to Complaint by Fidelity and Deposit Company of Maryland, Patriot Construction. (Ruiz, Stephen) (Filed on 10/30/2023)
October 20, 2023 Filing 8 CLERK'S SECOND NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 11/3/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxl, COURT STAFF) (Filed on 10/20/2023)
October 12, 2023 Filing 7 CERTIFICATE OF SERVICE by The United States of America for the Use and Benefit of DMS Drywall & Interior Systems, Inc., DMS Drywall & Interior Systems, Inc. re #1 Complaint, #4 Summons Issued (Spencer, Daniel) (Filed on 10/12/2023)
September 29, 2023 Filing 6 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge by 10/13/2023. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 10/13/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Filed on 9/29/2023)
September 15, 2023 Filing 5 Summons Issued as to Patriot Construction. (cv, COURT STAFF) (Filed on 9/15/2023)
September 15, 2023 Filing 4 Summons Issued as to Fidelity and Deposit Company of Maryland. (cv, COURT STAFF) (Filed on 9/15/2023)
September 15, 2023 Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/11/2023. Initial Case Management Conference set for 12/18/2023 01:30 PM in San Francisco, Courtroom C, 15th Floor. (cv, COURT STAFF) (Filed on 9/15/2023)
September 14, 2023 Filing 2 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/28/2023. (bw, COURT STAFF) (Filed on 9/14/2023)
September 14, 2023 Filing 1 COMPLAINT against Fidelity and Deposit Company of Maryland, Patriot Construction ( Filing fee $ 402, receipt number ACANDC-18645968.). Filed byDMS Drywall & Interior Systems, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Certification of Conflicts and Interested Entities or Persons, #3 Summons, #4 Summons)(Spencer, Daniel) (Filed on 9/14/2023)

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Plaintiff: DMS Drywall & Interior Systems, Inc.
Represented By: Daniel Spencer
Represented By: David William Smiley
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Plaintiff: The United States of America for the Use and Benefit of DMS Drywall & Interior Systems, Inc.
Represented By: Daniel Spencer
Represented By: David William Smiley
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Defendant: Patriot Construction
Represented By: Stephen Dean Ruiz
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Defendant: Fidelity and Deposit Company of Maryland
Represented By: Stephen Dean Ruiz
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