DCG INDIANA, INC. D/B/A DILLON CONSTRUCTION GROUP A/K/A DILLON CONSTRUCTION A/K/A DCG CONSTRUCTION v. CARDINAL XLIII, LLC et al
| DCG INDIANA, INC. D/B/A DILLON CONSTRUCTION GROUP A/K/A DILLON CONSTRUCTION A/K/A DCG CONSTRUCTION |
| CARDINAL XLIII, LLC, MOTORSPORT REAL ESTATE VENTURES, LLC D/B/A ANDRETTI MOTORSPORTS, STUDIO M ARCHITECTURE AND PLANNING, LLC, GRADEX, INC. and GLENMARK CONSTRUCTION COMPANY, INC. |
| 1:2023cv01058 |
| June 19, 2023 |
| US District Court for the Southern District of Indiana |
| Kellie M Barr |
| Matthew P Brookman |
| Matthew P Brookman |
| Copyright |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Defendant |
Docket Report
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| Filing 32 Transfer Letter to the Clerk of the Hamilton County Circuit Court. Copies of case documents and docket enclosed. Documents emailed to Hamilton Co. Clerk. (LBT) Modified on 7/28/2023 (LBT). |
Filing 31
CLOSED/ORDER GRANTING MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT AND TO REMAND THE CASE TO HAMILTON COUNTY CIRCUIT COURT - DCG's Motion to Amend (Docket No. #15 ) is GRANTED. DCG's Proposed Amended Complaint (Docket No. 15-1) is treated as Plaintiff's Second Amended Complaint for purposes of DCG's Motion to Remand (Docket No. #16 ), which is also GRANTED. Plaintiff's Second Amended Complaint is REMANDED to Hamilton County Circuit Court. See Order for details. Signed by District Judge Matthew P Brookman on 7/28/2023.(LBT)
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| Filing 30 ANSWER to Complaint (Notice of Removal) DEFENDANT MOTORSPORT REAL ESTATE VENTURES, LLCS ANSWER TO COUNTERCLAIM BY GRADEX, filed by MOTORSPORT REAL ESTATE VENTURES, LLC D/B/A ANDRETTI MOTORSPORTS.(French, Yates) |
| Filing 29 ANSWER , filed by Plaintiff DCG INDIANA, INC. D/B/A DILLON CONSTRUCTION GROUP A/K/A DILLON CONSTRUCTION A/K/A DCG CONSTRUCTION. (Cavosie, J.) |
| Filing 28 ANSWER to Complaint (Notice of Removal) with JURY DEMAND DEFENDANT MOTORSPORT REAL ESTATE VENTURES, LLCS ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT AND COUNTERCLAIM, filed by MOTORSPORT REAL ESTATE VENTURES, LLC D/B/A ANDRETTI MOTORSPORTS. (Attachments: #1 Appendix Exhibit Index, #2 Exhibit 01 - Mechanics Lien, #3 Exhibit 02 - Release of Mechanics Lien, #4 Exhibit 03 - Mechanics Lien, #5 Exhibit 04 - Lis Pendens Notice)(French, Yates) |
| Filing 27 MOTION to Dismiss Cardinal XLIII, LLCs Motion to Dismiss Count I of DCG Indiana, Incs Amended Complaint, filed by Defendant CARDINAL XLIII, LLC. (Attachments: #1 Appendix Exhibit Index, #2 Exhibit 01 - Dillon Construction, Inc. Filing History, #3 Exhibit 02 - Dillon Construction Inc. Article of Incorporation, #4 Exhibit 03 - DCG Indiana, Inc.'s Filing History, #5 Exhibit 04 - Certificate of Amendment, #6 Exhibit 05 - Certificate of Incorporation, #7 Exhibit 06 - Dillon Construction Inc. 2004 Business Entity Report, #8 Exhibit 07 - 2006 Business Entity Report, #9 Exhibit 08 - Certificate of Assumed Business Name, #10 Exhibit 09 - DCG Indiana, Inc.'s Assumed Name History, #11 Exhibit 10 - Dillon Construction, Inc.'s Assumed Name History, #12 Exhibit 11 - Dillon Construction, Inc.'s Name History)(French, Yates) |
| Filing 26 MOTION Motion for Judicial Notice, filed by Defendant CARDINAL XLIII, LLC. (Attachments: #1 Affidavit Ex A - Declaration of Nicole Winters, #2 Appendix Exhibit Index, #3 Exhibit 01 - Dillon Construction Inc. Filing History, #4 Exhibit 02 - Dillon Construction Inc. Articles of Incorporation, #5 Exhibit 03 - DCG Indiana, Inc.'s Filing History, #6 Exhibit 04 - Certificate of Amendment, #7 Exhibit 05 - Certificate of Incorporation, #8 Exhibit 06 - Dillon Construction Inc. 2004 Business Entity Report, #9 Exhibit 07 - 2006 Business Entity Report, #10 Exhibit 08 - Certificate of Assumed Name, #11 Exhibit 09 - DCG Indiana Inc.'s Assumed Name History, #12 Exhibit 10 - Dillon Construction, Inc.'s Assumed Name History, #13 Exhibit 11 - Dillon Construction, Inc.'s Name History)(French, Yates) |
| Filing 25 REPLY in Support of Motion re #16 MOTION to Remand , filed by Plaintiff DCG INDIANA, INC. D/B/A DILLON CONSTRUCTION GROUP A/K/A DILLON CONSTRUCTION A/K/A DCG CONSTRUCTION. (Cavosie, J.) |
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Filing 24
INITIAL PRETRIAL CONFERENCE SCHEDULING ORDER - This case is scheduled for an initial pretrial conference by Zoom on 9/5/2023 at 3:00 PM (Eastern Time)before Magistrate Judge Kellie M. Barr. The Court will contact counsel by separate email with information to be used to participate in the conference. Read this entire order carefully; it sets out the Court's expectations for the conference. Signed by Magistrate Judge Kellie M. Barr on 7/24/2023.(KAA)
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| Filing 23 RESPONSE in Opposition re #16 MOTION to Remand DEFENDANTS RESPONSE TO PLAINTIFFS MOTION TO REMAND TO STATE COURT, filed by Defendants CARDINAL XLIII, LLC, MOTORSPORT REAL ESTATE VENTURES, LLC D/B/A ANDRETTI MOTORSPORTS. (French, Yates) |
| Filing 22 REPLY in Support re: #15 Motion for Leave to File Amended Complaint , filed by Plaintiff DCG INDIANA, INC. D/B/A DILLON CONSTRUCTION GROUP A/K/A DILLON CONSTRUCTION A/K/A DCG CONSTRUCTION. (Cavosie, J.) Modified text on 7/24/2023 (LES). Modified on 7/24/2023 (LES). |
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Filing 21
ORDER granting #20 Motion for Extension of Time to File a Responsive Pleading to 8/21/2023. Signed by Magistrate Judge Kellie M. Barr on 7/21/2023. (JRB)
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| Filing 20 MOTION for Extension of Time to August 21, 2023 To File Its Responsive Pleading To Plaintiff's Amended Complaint, filed by Defendant STUDIO M ARCHITECTURE AND PLANNING, LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion For Enlargement Of Time)(Clapacs, Grantland) |
| Filing 19 RESPONSE to Motion re #15 MOTION for Leave to File DEFENDANTS RESPONSE TO PLAINTIFFS MOTION FOR LEAVE TO AMEND COMPLAINT TO DISMISS COUNT 3 WITH PREJUDICE, filed by Defendants CARDINAL XLIII, LLC, MOTORSPORT REAL ESTATE VENTURES, LLC D/B/A ANDRETTI MOTORSPORTS. (French, Yates) |
| Filing 18 NOTICE of Appearance by Yates French on behalf of Defendants CARDINAL XLIII, LLC, MOTORSPORT REAL ESTATE VENTURES, LLC D/B/A ANDRETTI MOTORSPORTS. (French, Yates) |
| Filing 17 NOTICE of Appearance by Grantland M. Clapacs on behalf of Defendant STUDIO M ARCHITECTURE AND PLANNING, LLC. (Clapacs, Grantland) |
| Filing 16 MOTION to Remand , filed by Plaintiff DCG INDIANA, INC. D/B/A DILLON CONSTRUCTION GROUP A/K/A DILLON CONSTRUCTION A/K/A DCG CONSTRUCTION. (Attachments: #1 Text of Proposed Order Motion to Remand - Order)(Cavosie, J.) |
| Filing 15 MOTION for Leave to File Amended Complaint , filed by Plaintiff DCG INDIANA, INC. D/B/A DILLON CONSTRUCTION GROUP A/K/A DILLON CONSTRUCTION A/K/A DCG CONSTRUCTION. (Attachments: #1 Envelope Exhibit 1: Second Amended Complaint with Exhibits A-K, #2 Text of Proposed Order Motion for Leave to Amend to Dismiss Count 3 - Order)(Cavosie, J.) Modified text on 7/24/2023 (LES). |
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Filing 14
ORDER denying #12 Combined Motion to Amend Complaint to Dismiss Count 3 with Prejudice and to Remand to State Court - SEE ORDER. Signed by District Judge Matthew P Brookman on 7/17/2023. (JRB)
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| Filing 13 Submission of Proposed Order , re #12 First MOTION to Remand Motion to Dismiss Count 3 and to Remand, filed by Plaintiff DCG INDIANA, INC. D/B/A DILLON CONSTRUCTION GROUP A/K/A DILLON CONSTRUCTION A/K/A DCG CONSTRUCTION. (Attachments: #1 Order to Dismiss Count 3 and to Remand)(Cavosie, J.) |
| Filing 12 First MOTION to Remand Motion to Dismiss Count 3 and to Remand, filed by Plaintiff DCG INDIANA, INC. D/B/A DILLON CONSTRUCTION GROUP A/K/A DILLON CONSTRUCTION A/K/A DCG CONSTRUCTION. (Attachments: #1 Exhibit Exhibit 1: Second Amended Complaint with Exhibits A-K)(Cavosie, J.) |
| Filing 11 NOTICE of Appearance by Elizabeth S. Schmitt on behalf of Plaintiff DCG INDIANA, INC. D/B/A DILLON CONSTRUCTION GROUP A/K/A DILLON CONSTRUCTION A/K/A DCG CONSTRUCTION. (Schmitt, Elizabeth) |
| Filing 10 NOTICE of Appearance by J. Michael Cavosie on behalf of Plaintiff DCG INDIANA, INC. D/B/A DILLON CONSTRUCTION GROUP A/K/A DILLON CONSTRUCTION A/K/A DCG CONSTRUCTION. (Cavosie, J.) |
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Filing 9
ORDER granting #7 Motion to Appear pro hac vice. Attorney Yates M. French for CARDINAL XLIII, LLC and MOTORSPORT REAL ESTATE VENTURES, LLC D/B/A ANDRETTI MOTORSPORTS added. The Court FURTHER ORDERS that Yates M. French register as a user of the Court's electronic filing system by July 12, 2023. Copy to Yates M. French via US Mail. Signed by Magistrate Judge Kellie M. Barr on 231058. (SWM)
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Filing 8
ORDER granting #6 Motion to Appear pro hac vice. Attorney Timothy D. Elliott for CARDINAL XLIII, LLC and MOTORSPORT REAL ESTATE VENTURES, LLC D/B/A ANDRETTI MOTORSPORTS added. Signed by Magistrate Judge Kellie M. Barr on 6/28/2023. (SWM)
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| Filing 7 MOTION for Attorney(s) Yates M. French to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7695670), filed by Defendants CARDINAL XLIII, LLC, MOTORSPORT REAL ESTATE VENTURES, LLC D/B/A ANDRETTI MOTORSPORTS. (Attachments: #1 Exhibit Certification of Yates M. French, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Huffer, Steven) Modified on 6/28/2023 (CKM). |
| Filing 6 MOTION for Attorney(s) Timothy D. Elliott to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7695649), filed by Defendants CARDINAL XLIII, LLC, MOTORSPORT REAL ESTATE VENTURES, LLC D/B/A ANDRETTI MOTORSPORTS. (Attachments: #1 Exhibit Certification of Timothy D. Elliott, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Huffer, Steven) Modified on 6/28/2023 (CKM). |
| Filing 5 Rule 7.1 Disclosure Statement by CARDINAL XLIII, LLC, MOTORSPORT REAL ESTATE VENTURES, LLC D/B/A ANDRETTI MOTORSPORTS identifying Corporate Parent Delaware Life Holdings Parent II, LLC for MOTORSPORT REAL ESTATE VENTURES, LLC D/B/A ANDRETTI MOTORSPORTS; Corporate Parent 100 BAIHP Holdings, LLC for CARDINAL XLIII, LLC.. (Huffer, Steven) |
| Filing 4 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendants CARDINAL XLIII, LLC, MOTORSPORT REAL ESTATE VENTURES, LLC D/B/A ANDRETTI MOTORSPORTS. (Huffer, Steven) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAS) |
| Filing 2 NOTICE of Appearance by Steven K. Huffer on behalf of Defendants CARDINAL XLIII, LLC, MOTORSPORT REAL ESTATE VENTURES, LLC D/B/A ANDRETTI MOTORSPORTS. (Huffer, Steven) |
| Filing 1 NOTICE OF REMOVAL from Hamilton County Circuit Court, case number 29C01-2305-PL-004661, filed by MOTORSPORT REAL ESTATE VENTURES, LLC D/B/A ANDRETTI MOTORSPORTS, CARDINAL XLIII, LLC. (Filing fee $402, receipt number AINSDC-7681507) (Attachments: #1 Exhibit B - State Court Record, #2 Exhibit A - Amended Complaint, #3 Civil Cover Sheet)(Huffer, Steven) |
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