Xu et al v. CMH Homes, Inc.
Plaintiff: Michele Lesha Xu and Xiao Feng Xu
Defendant: CMH Homes, Inc. and CMH Homes, Inc. doing business as Clayton Homes Porter, TX
Case Number: 1:2023cv00319
Filed: August 24, 2023
Court: US District Court for the Eastern District of Texas
Presiding Judge: Marcia A Crone
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Property Damage
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 20, 2023 Filing 15 RESPONSE in Opposition re #5 MOTION to Compel Arbitration and Stay Litigation filed by Michele Lesha Xu. (Moster, Charles)
October 20, 2023 Filing 14 RESPONSE in Opposition re #5 MOTION to Compel Arbitration and Stay Litigation filed by Michele Lesha Xu. (Moster, Charles)
October 20, 2023 Filing 13 RESPONSE in Opposition re #5 MOTION to Compel Arbitration and Stay Litigation, #6 MOTION for Discovery (Defendant's Motion for Leave to Take Arbitration Discovery) filed by Michele Lesha Xu. (Moster, Charles)
October 17, 2023 ***NOTICE of Deficiency regarding the #11 REPORT of Rule 26(f) Planning Meeting submitted by Michele Lesha Xu, Xiao Feng Xu. No attorney signature.*** (kcv, )
October 16, 2023 Filing 12 NOTICE by Michele Lesha Xu re #11 Report of Rule 26(f) Planning Meeting (Moster, Charles)
October 16, 2023 Filing 11 ***Deficiency identified; see 10/17/23 notation***REPORT of Rule 26(f) Planning Meeting. (Moster, Charles) Modified on 10/17/2023 (kcv, ).
October 16, 2023 Filing 10 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit A - BDRA, #2 Exhibit B - Scheduling Order)(Cuellar, James)
October 13, 2023 ***FILED IN ERROR. Document # 8, REPORT of Rule 26(f) Planning Meeting was filed in error per attorney. Exhibits erroneously omitted. PLEASE IGNORE.*** (kcv, )
October 13, 2023 Filing 9 NOTICE by CMH Homes, Inc. (Certificate of Conference relating to Motion for Leave to Take Arbitration Discovery (Dkt. #6)) (Cuellar, James)
October 13, 2023 Filing 8 ***FILED IN ERROR per Attorney. Please ignore.***REPORT of Rule 26(f) Planning Meeting. (Cuellar, James) Modified on 10/16/2023 (kcv, ).
October 13, 2023 Filing 7 NOTICE by CMH Homes, Inc. (Certificate of Conference relating to Motion to Compel Arbitration and Stay Litigation (Dkt. #5)) (Cuellar, James)
October 10, 2023 NOTICE of Deficiency regarding the #5 MOTION to Compel Arbitration and Stay Litigation submitted by CMH Homes, Inc. No Certificate of Conference. (kcv, )
October 10, 2023 NOTICE of Deficiency regarding the #6 Motion for Leave to Take Arbitration Discovery submitted by CMH Homes, Inc. No Certificate of Conference. (kcv, )
October 10, 2023 Filing 6 **Deficiency identified; see Deficiency Notice.***MOTION for Discovery (Defendant's Motion for Leave to Take Arbitration Discovery) by CMH Homes, Inc.. (Cuellar, James) Modified on 10/11/2023 (kcv, ). (Additional attachment(s) added on 10/17/2023: #1 Proposed Order) (kcv, ).
October 10, 2023 Filing 5 *Deficiency identified; see Notice of Deficiency.*MOTION to Compel Arbitration and Stay Litigation by CMH Homes, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Chip May, #2 Exhibit 1-A - BDRA, #3 Exhibit 2 - Declaration of Joe Clendenen, #4 Exhibit 3 - AAA Construction Rules)(Cuellar, James) Modified on 10/11/2023 (kcv, ). (Additional attachment(s) added on 10/13/2023: #5 Proposed Order) (kcv, ).
September 6, 2023 NOTICE of Hearing: Scheduling/Case Management Conference set for 11/3/2023 at 02:00 PM in Beaumont Courthouse before District Judge Marcia A. Crone in chambers. Counsel must appear in person. (jc, )
August 31, 2023 Opinion or Order Filing 4 ORDER directing the parties to conduct a Rule 26(f) Attorney Conference by September 29, 2023. In addition to a discussion of the items set forth in Rule 26(f), the parties shall attempt in good faith to agree on certain matters, including deadlines for a proposed Scheduling Order, and shall file with the court a joint written report outlining their proposals no later than October 13, 2023. Signed by District Judge Marcia A. Crone on 8/31/23. (kcv, )
August 25, 2023 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (kcv, )
August 24, 2023 Filing 3 ORIGINAL PETITION filed in State Court and included in the Notice of Removal against CMH Homes, Inc., filed by Michele Lesha Xu, Xiao Feng Xu.(kcv, )
August 24, 2023 Case Assigned to District Judge Marcia A. Crone. (kcv, )
August 24, 2023 DEMAND for Trial by Jury by Plaintiff. (kcv, )
August 24, 2023 Filing 2 ANSWER to Complaint (Plaintiffs' Original Petition) by CMH Homes, Inc..(Wells, Douglas)
August 24, 2023 Filing 1 NOTICE OF REMOVAL by CMH Homes, Inc. (Filing fee $ 402 receipt number ATXEDC-9670355), filed by CMH Homes, Inc.. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit B - Index of State Court Pleadings, #3 Exhibit C - State Court Pleadings, #4 Exhibit D - Civil Cover Sheet, #5 Exhibit E - Supplemental Information)(Wells, Douglas)

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Search for this case: Xu et al v. CMH Homes, Inc.
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Plaintiff: Michele Lesha Xu
Represented By: Charles Albert Moster
Represented By: Matthew Edward Burr
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Plaintiff: Xiao Feng Xu
Represented By: Charles Albert Moster
Represented By: Matthew Edward Burr
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Defendant: CMH Homes, Inc.
Represented By: Douglas Brent Wells
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Defendant: CMH Homes, Inc. doing business as Clayton Homes Porter, TX
Represented By: Douglas Brent Wells
Represented By: James E Cuellar
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