Mucerino et al v. Martin
| Frank Mucerino, III and Creekside Terrace LLC |
| Charles Joshua Dale Martin |
| 3:2021cv00284 |
| April 7, 2021 |
| US District Court for the Middle District of Tennessee |
| Aleta A Trauger |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on November 30, 2021. A more recent docket listing may be available from PACER.
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Filing 32
REPLY to RESPONSE to #23 MOTION to Dismiss for Failure to State a Claim filed by Charles Joshua Dale Martin. (Nefflen, John) Modified on 8/3/2021 (dt).
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Filing 31
REPLY to Response to #21 MOTION to Dismiss for Lack of Jurisdiction filed by Charles Joshua Dale Martin. (Nefflen, John) Modified on 8/3/2021 (dt).
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Filing 30
RESPONSE in Opposition re #23 MOTION to Dismiss for Failure to State a Claim filed by Creekside Terrace LLC, Frank Mucerino, III. (Smith, Eric)
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Filing 29
RESPONSE in Opposition re #21 MOTION to Dismiss for Lack of Jurisdiction filed by Creekside Terrace LLC, Frank Mucerino, III. (Attachments: #1 Exhibit A - Declaration of Frank Mucerino, III, #2 Exhibit B - June 7, 2021 Deposition of Frank Mucerino)(Smith, Eric)
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Filing 28
CERTIFICATE Conformed Certificate of Service filed by Creekside Terrace LLC, Frank Mucerino, III re #27 Reply to Response to Motion filed by Frank Mucerino, III, Creekside Terrace LLC. (Smith, Eric)
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Filing 27
REPLY to Response to re #18 MOTION to Strike #13 MOTION to Dismiss Pursuant to the TN Public Participation Act filed by Creekside Terrace LLC, Frank Mucerino, III. (Smith, Eric)
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TN State Bar status verified as active for Rebekah L. Shulman admitted to this court. (dt)
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NOTICE TO FILER re DE#20 - #25 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for these documents. (dt)
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NOTICE TO FILER re DE#20 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include a certificate of service. Please FILE a conformed Certificate of Service for this document. (dt)
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NOTICE TO FILER re DE#27 : This document has been scanned. Documents generated from a word processor (Word or WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Document must be text searchable. You do not have to refile this document, however, future scanned pleadings of this nature may require refiling. (dt)
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NOTICE TO FILER re DE#27 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (dt)
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Filing 26
ORDER: Given the pendency of several motions, it is hereby ORDERED that the initial case management conference scheduled for July 26, 2021 is CONTINUED, to be reset, if appropriate, following disposition of the pending motions. Signed by District Judge Aleta A. Trauger on 7/13/2021. (ln)
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Filing 25
RESPONSE in Opposition re #18 MOTION to Strike #13 MOTION to Dismiss Pursuant to the TN Public Participation Act filed by Charles Joshua Dale Martin. (Nefflen, John)
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Filing 24
MEMORANDUM in Support of #23 MOTION to Dismiss for Failure to State a Claim filed by Charles Joshua Dale Martin . (Nefflen, John)
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Filing 23
MOTION to Dismiss for Failure to State a Claim by Charles Joshua Dale Martin. (Attachments: #1 Exhibit Exhibit 1 - Declaration of Josh Martin, #2 Exhibit Exhibit 2 - Letter from Town of Burns, #3 Exhibit Exhibit 3 - Initial Case Management Order)(Nefflen, John)
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Filing 22
MEMORANDUM in Support of #21 MOTION to Dismiss for Lack of Jurisdiction filed by Charles Joshua Dale Martin . (Nefflen, John)
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Filing 21
MOTION to Dismiss for Lack of Jurisdiction by Charles Joshua Dale Martin. (Attachments: #1 Exhibit Exhibit A - Secretary of State Filing, #2 Exhibit Exhibit B - Deposition of Plaintiff Mucerino, #3 Exhibit Exhibit C - Contract License Verification, #4 Exhibit Exhibit D - Deposition of S. Mucerino)(Nefflen, John)
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Filing 20
NOTICE of Appearance by Rebekah L. Shulman on behalf of Charles Joshua Dale Martin. (Nefflen, John) Modified on 7/19/2021 (dt).
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TN State Bar status verified as active for Eric W. Smith admitted to this court. (dt)
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Filing 19
MEMORANDUM in Support of #18 MOTION to Strike #13 MOTION to Dismiss Pursuant to the TN Public Participation Act filed by Creekside Terrace LLC, Frank Mucerino, III . (Smith, Eric)
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Filing 18
MOTION to Strike #13 MOTION to Dismiss Pursuant to the TN Public Participation Act by Creekside Terrace LLC, Frank Mucerino, III. (Smith, Eric)
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Filing 17
NOTICE of Appearance by Eric W. Smith on behalf of All Plaintiffs (Smith, Eric)
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Filing 16
ORDER: The Plaintiffs' Motion to Reset Initial Case Management Conference and Set Date for Defendant's Filing of a Responsive Pleading (Doc. No. #12 ), which is not opposed (Doc. No. #15 ), is hereby GRANTED. It is hereby ORDERED that the defendant shall file a responsive pleading or motion under Federal Rule of Civil Procedure 12(b) by July 12, 2021. It is further ORDERED that the initial case management conference is hereby RESET for Monday, July 26, 2021 at 4:00 p.m. Signed by District Judge Aleta A. Trauger on 6/28/2021. (ln)
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Filing 15
RESPONSE to Motion re #12 MOTION to Reset Date for Initial Case Management Conference and to Set Date for Defendant's Filing of Responsive Pleading filed by Charles Joshua Dale Martin. (Nefflen, John)
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Filing 14
ORDER: Defendant's Motion for Extension of Time to File Petition under the Tennessee Public Participation Act #10 is granted in part - extension to 6/25/2021. Signed by District Judge Aleta A. Trauger on 6/14/2021. (dt)
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Filing 13
MOTION to Dismiss Pursuant to the TN Public Participation Act by Charles Joshua Dale Martin. (Attachments: #1 Exhibit Ex 1 Declaration of Josh Martin, #2 Exhibit Ex 2 Burns Planning Commission Letter dtd 11-9-2020)(Nefflen, John)
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Filing 12
MOTION to Reset Date for Initial Case Management Conference and to Set Date for Defendant's Filing of Responsive Pleading by Creekside Terrace LLC, Frank Mucerino, III. (Attachments: #1 Exhibit Declaration of Stephanie Mucerino)(Bulso, Eugene)
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Filing 11
RESPONSE in Opposition re #10 MOTION for Extension of Time to File Petition under the Tennessee Public Participation Act filed by Creekside Terrace LLC, Frank Mucerino, III. (Attachments: #1 Attachment Westlaw case, Lampo Group v. Paffrath, M. D. Tenn. July 23, 2019, 2019 WL 3305143)(Bulso, Eugene)
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Filing 10
MOTION for Extension of Time to File Petition under the Tennessee Public Participation Act by Charles Joshua Dale Martin. (Nefflen, John)
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Filing 9
ORDER: A telephone conference was held with counsel for the parties on May 10, 2021. It is hereby ORDERED that the stay of discovery is hereby LIFTED so that the parties may engage in jurisdictional discovery. It is further ORDERED that the initial case management conference scheduled for June 21, 2021 is CONTINUED, to be reset, if appropriate, by later order of the court. Signed by District Judge Aleta A. Trauger on 5/10/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Minute Entry for proceedings held before District Judge Aleta A. Trauger: Telephone Conference held on 5/10/2021. Order to enter. (Hearing lasted :10)(kb)
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Filing 8
ORDER: The defendant's Motion for Extension of Time to File Responsive Pleading and Motion for Discovery Conference #7 is GRANTED. It is hereby ORDERED that a telephone conference will be held with counsel for the parties on Monday, May 10, 2021 at 1:00 p.m.(Telephone Conference set for 5/10/2021 01:00 PM before District Judge Aleta A. Trauger.) Signed by District Judge Aleta A. Trauger on 5/4/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 7
MOTION for Extension of Time to File Response/Reply and Motion for Discovery Conference by Charles Joshua Dale Martin. (Nefflen, John)
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Filing 6
SUMMONS returned executed by Frank Mucerino, III, Creekside Terrace LLC. Charles Joshua Dale Martin served on 4/14/2021. (Bulso, Eugene)
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Filing 5
NOTICE of Initial Case Management Conference set for 6/21/2021 at 1:00 PM in Chambers 825 before District Judge Aleta A. Trauger. (dt)
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Filing 4
Summons issued as to Charles Joshua Dale Martin. (Service copies will be returned to counsel by mail.) (dt)
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Filing 3
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt)
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TN State Bar status verified as active for Eugene N. Bulso, Jr admitted to this court. (dt)
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Filing 2
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Creekside Terrace LLC. (dt)
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Filing 1
COMPLAINT against Charles Joshua Dale Martin (Filing fee $402, Receipt number 0650-3348489), filed by Frank Mucerino, III and Creekside Terrace LLC. (Attachments: #1 Exhibit Facebook post, #2 Attachment Civil Cover Sheet)(dt)
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