Athena Construction Group, Inc. v. Smith et al
Plaintiff: Athena Construction Group, Inc.
Defendant: Re Construction LLC and William Smith
Case Number: 1:2021cv00396
Filed: March 31, 2021
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Theresa Carroll Buchanan
Referring Judge: Anthony J Trenga
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 28, 2021 Filing 33 Notice of Hearing Date re #32 Memorandum in Support, #30 MOTION to Quash (Johns, Milton)
May 28, 2021 Filing 32 Memorandum in Support re #30 MOTION to Quash filed by Athena Construction Group, Inc.. (Attachments: #1 Exhibit Email Exchange for Depositions, #2 Exhibit Subpoena to Testify at Depositions)(Johns, Milton)
May 28, 2021 Filing 31 RESPONSE in Opposition re #25 MOTION to Strike #20 Brief in Support filed by Re Construction LLC, William Smith. (Feinberg, Zachary)
May 28, 2021 Filing 30 MOTION to Quash by Athena Construction Group, Inc.. (Johns, Milton)
May 28, 2021 Filing 29 Reply to Motion re #25 MOTION to Strike #20 Brief in Support filed by William Smith. (Downey, Jeffrey)
May 28, 2021 Notice of Correction re #29 Reply to Motion, The signature block on the document does not match the filing users login. The filing user has been notified and has been asked to either refile the document or to have the attorney whose signature block appears on the document refile the document. (klau, )
May 27, 2021 Reset Deadlines as to #15 MOTION to Dismiss for Failure to State a Claim , and #25 MOTION to Strike #20 Brief in Support . Motion Hearing reset for 6/2/2021 at 09:30 AM in Alexandria Remote (via Zoom) before District Judge Anthony J. Trenga. (dzir)
May 24, 2021 Opinion or Order Filing 28 ORDER that Defendants' #22 Motion to Compel is DENIED AS MOOT. ORDERED that the hearing scheduled for Wednesday, May 26, 2021 is CANCELLED. Signed by Magistrate Judge Theresa Carroll Buchanan on 5/24/21. (klau, )
May 24, 2021 Set Deadlines as to #25 MOTION to Strike #20 Brief in Support . Motion Hearing set for 6/2/2021 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, )
May 21, 2021 Filing 27 Notice of Hearing Date re #25 MOTION to Strike #20 Brief in Support , #26 Memorandum in Support (Johns, Milton)
May 21, 2021 Filing 26 Memorandum in Support re #25 MOTION to Strike #20 Brief in Support filed by Athena Construction Group, Inc.. (Johns, Milton)
May 21, 2021 Filing 25 MOTION to Strike #20 Brief in Support by Athena Construction Group, Inc.. (Johns, Milton)
May 19, 2021 Filing 24 Opposition to #22 MOTION to Compel Initial Disclosure Documents filed by Athena Construction Group, Inc.. (Johns, Milton)
May 18, 2021 Notice of Correction re #22 MOTION to Compel Initial Disclosure Documents The filing user has been notified to file the document separately for each motion relief in the future. (clar, )
May 17, 2021 Set t Deadlines as to #22 MOTION to Compel Initial Disclosure Documents. Motion Hearing set for 5/21/2021 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. (clar, )
May 17, 2021 MOTIONS REFERRED to Magistrate Judge: Buchanan. #22 MOTION to Compel Initial Disclosure Documents (clar, )
May 17, 2021 Reset Deadlines as to #22 MOTION to Compel Initial Disclosure Documents. Motion Hearing set for 5/26/2021 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. (Per EB) (clar, )
May 14, 2021 Filing 23 Notice of Hearing Date re #22 MOTION to Compel Initial Disclosure Documents (Ellis, Glenn)
May 14, 2021 Filing 22 MOTION to Compel Initial Disclosure Documents by Re Construction LLC, William Smith. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ellis, Glenn)
May 14, 2021 Filing 21 Opposition to #15 MOTION to Dismiss for Failure to State a Claim filed by Athena Construction Group, Inc.. (Johns, Milton)
May 14, 2021 Filing 20 Brief in Support to #15 MOTION to Dismiss for Failure to State a Claim filed by Re Construction LLC, William Smith. (Attachments: #1 Exhibit A)(Ellis, Glenn)
May 3, 2021 Opinion or Order Filing 19 ORDER that the hearing currently scheduled in this matter for Friday, June 4, 2021 be, and the same hereby is, ADVANCED to Wednesday, June 2, 2021 at 10:00 a.m. via Zoom videoconferencing. Signed by District Judge Anthony J Trenga on 5/3/21. (klau, )
May 3, 2021 Reset Deadlines as to #15 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 6/2/2021 at 10:00 AM in Alexandria via Zoom videoconferencing before District Judge Anthony J Trenga. (klau, )
May 3, 2021 Set Deadlines as to #15 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 6/4/2021 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, )
May 1, 2021 Filing 18 Notice of Hearing Date (Revised) set for 06/04/2021 re #15 MOTION to Dismiss for Failure to State a Claim (Ellis, Glenn)
May 1, 2021 Filing 17 Notice of Hearing Date re #15 MOTION to Dismiss for Failure to State a Claim (Ellis, Glenn)
April 30, 2021 Filing 16 Brief in Support to #15 MOTION to Dismiss for Failure to State a Claim filed by Re Construction LLC, William Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Ellis, Glenn)
April 30, 2021 Filing 15 MOTION to Dismiss for Failure to State a Claim by Re Construction LLC, William Smith. (Attachments: #1 Proposed Order)(Ellis, Glenn)
April 22, 2021 Opinion or Order Filing 14 Pursuant to the Rule 16(b) Conference it is ordered that Upon consideration of the representations made by the parties in the Joint Discovery Plan (Dkt. 13) and taking note of the Scheduling Order (Dkt. 8) entered in this case, the Court makes the following rulings: 1. All discovery shall be concluded by Friday, August 13, 2021. 2. The Joint Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the Court. 3. The pretrial conference scheduled for Wednesday, April 28, 2021 at 11:00 a.m. is cancelled. 4. All Fed. R. Civ. P. 26(a)(1) disclosures shall be completed by Friday, April 30, 2021. 5. No general objection may be asserted in response to any discovery demand except to preserve the attorney-client privilege and work product protection. (see Order for complete details) Signed by Magistrate Judge Theresa Carroll Buchanan on 4/22/21. (tfitz, )
April 21, 2021 Filing 13 Joint Discovery Plan by Athena Construction Group, Inc..(Johns, Milton)
April 16, 2021 Opinion or Order Filing 12 ORDER that Defendants' Motion to Dismiss [Doc. No. 7] be, and the same hereby is, DENIED as moot and the hearing scheduled on the Motion for Wednesday, April 28, 2021 at 10:00 a.m., be, and the same hereby is, CANCELLED; it is further ORDERED that Defendant file its response to Plaintiff's Amended Complaint [Doc. No. 10] within fourteen (14) days of this Order. Signed by District Judge Anthony J Trenga on 4/16/21. (klau, )
April 16, 2021 Filing 11 Financial Interest Disclosure Statement (Local Rule 7.1) by Athena Construction Group, Inc.. (Johns, Milton)
April 16, 2021 Filing 10 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Athena Construction Group, Inc..(Johns, Milton) Modified text on 4/20/2021 (klau, ).
April 15, 2021 Set Deadlines as to #7 First MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 4/28/2021 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, )
April 14, 2021 Filing 9 Notice of Hearing Date Motion to Dismiss set for April 28, 2021 re #7 First MOTION to Dismiss for Failure to State a Claim (Downey, Jeffrey)
April 8, 2021 Notice of Correction re #7 First MOTION to Dismiss for Failure to State a Claim , The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument.(klau, )
April 8, 2021 Notice of Correction re #7 First MOTION to Dismiss for Failure to State a Claim , The filing user has been notified to file memorandum in support separately and link it to the motion for future filing. (klau, )
April 7, 2021 Opinion or Order Filing 8 SCHEDULING ORDER: Initial Pretrial Conference set for 4/28/2021 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. Final Pretrial Conference set for 8/19/2021 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. Discovery due by 8/13/2021. Signed by District Judge Anthony J. Trenga on 4/7/2021. (Attachments: #1 Magistrate Consent, #2 Pretrial Notice)(dzir)
April 7, 2021 Filing 7 First MOTION to Dismiss for Failure to State a Claim by William Smith , RE Construction. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Downey, Jeffrey) Modified text on 4/8/2021 to add party filer (klau, ).
April 6, 2021 Opinion or Order Filing 6 ORDER granting #3 Motion for Pro hac vice Appointed Zachary Scott Feinberg for William Smith. Signed by District Judge Anthony J Trenga on 4/6/2021. (clar, )
April 6, 2021 Opinion or Order Filing 5 ORDER granting #2 Motion for Pro hac vice Appointed Glenn Andrew Ellis for William Smith. Signed by District Judge Anthony J Trenga on 4/6/2021. (clar, )
April 6, 2021 Filing 4 Financial Interest Disclosure Statement (Local Rule 7.1) by William Smith. (Downey, Jeffrey)
April 6, 2021 Filing 3 Motion to appear Pro Hac Vice by Zachary Scott Feinberg and Certification of Local Counsel JEFFREY JOHN DOWNEY Filing fee $ 75, receipt number 0422-7709206. by William Smith. (Downey, Jeffrey)
April 6, 2021 Filing 2 Motion to appear Pro Hac Vice by Glenn Andrew Ellis and Certification of Local Counsel JEFFREY JOHN DOWNEY Filing fee $ 75, receipt number 0422-7709167. by William Smith. (Downey, Jeffrey)
March 31, 2021 Initial Case Assignment to District Judge Anthony J Trenga and Magistrate Judge Theresa Carroll Buchanan. (choy, )
March 31, 2021 Filing 1 Notice of Removal by Defendant ( Filing fee $ 402, receipt number 0422-7699637.), filed by William Smith.(Downey, Jeffrey)

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Defendant: Re Construction LLC
Represented By: Jeffrey John Downey
Represented By: Glenn Andrew Ellis
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Defendant: William Smith
Represented By: Jeffrey John Downey
Represented By: Zachary S Feinberg
Represented By: Glenn Andrew Ellis
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Plaintiff: Athena Construction Group, Inc.
Represented By: Craig A. Guthery
Represented By: Milton Christopher Johns
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