Ohio Southern District Court
Judge:Edmund A Sargus
Referred: Chelsey M Vascura
Case #: 2:24-cv-01053
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity-Breach of Contract
Case Filed:Mar 05, 2024
Last checked: Sunday Sep 01, 2024 5:50 AM EDT
Counter Claimant
CMI Roadbuilding, Inc.
Represented By
James Randolph Baker
Hiltgen & Brewer, PC
contact info
Cary Evan Hiltgen
Hiltgen & Brewer, P.C.
contact info
Joseph Kendall Merical
Dinsmore & Shohl, LLP
contact info
Counter Defendant
Amaazz Construction Group LLC
Represented By
Nolan E. Wiley
Isaac Wiles & Burkholder, LLC
contact info
Timothy Edward Miller
Isaac Wiles Burkholder & Teetor, LLC
contact info
Defendant
CMI Roadbuilding, Inc.
1300 S. Meridian Avenue Suite 225
Oklahoma City, OK 73108
Represented By
James Randolph Baker
Hiltgen & Brewer, PC
contact info
Cary Evan Hiltgen
Hiltgen & Brewer, P.C.
contact info
Joseph Kendall Merical
Dinsmore & Shohl, LLP
contact info
Plaintiff
Amaazz Construction Group LLC
8000 Walton Pkwy Suite 290
New Albany, OH 43054
Represented By
Nolan E. Wiley
Isaac Wiles & Burkholder, LLC
contact info
Timothy Edward Miller
Isaac Wiles Burkholder & Teetor, LLC
contact info
Plaintiff
Amaazz Construction Ohio, LLC
Represented By
Nolan E. Wiley
Isaac Wiles & Burkholder, LLC
contact info
Timothy Edward Miller
Isaac Wiles Burkholder & Teetor, LLC
contact info

GPO Mar 29 2025
OPINION AND ORDER denying 20 Defendant CMI Roadbuilding, Inc. Motion to Dismiss the First Amended Complaint. Signed by Judge Edmund A. Sargus on 3/29/2025. (cmw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

Docket last updated: 5 hours ago
Monday, April 28, 2025
39 39 3 pgs order Order to Show Cause Mon 04/28 4:59 PM
ORDER TO SHOW CAUSE in that Plaintiffs are ORDERED to SHOW CAUSE why their claims should not be dismissed for want of prosecution, and why default should not be entered against them on Defendants Counterclaim as a sanction for failure to comply with the Courts March 20, 2025 Order, WITHIN FOURTEEN DAYS of the date of this Order. Signed by Magistrate Judge Chelsey M. Vascura on 4/28/25. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Monday, April 14, 2025
37 37 notice Notice (Other) Mon 04/14 3:22 PM
NOTICE by Defendant CMI Roadbuilding, Inc. Notice of Withdrawal and Continuation of Counsel (Davis, Jessica)
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Friday, April 11, 2025
36 36 answer Answer to Amended Complaint Counterclaim Fri 04/11 2:43 PM
ANSWER to19 Amended Complaint , COUNTERCLAIM against Amaazz Construction Group LLC filed by CMI Roadbuilding, Inc.. (Merical, Joseph)
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Thursday, April 10, 2025
38 38 misc Mail Returned Wed 04/16 1:37 PM
Mail Returned as Undeliverable sent to Amaazz Construction Group LLC. (Contents in envelop ECF34 Opinion and Order. (vb)
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Thursday, April 03, 2025
35 35 misc Mail Returned Thu 04/03 10:45 AM
Mail Returned as Undeliverable. Mail sent to Amaazz Contstruction Group LLC (the 8000 Walton Parkway, Suite 290, New Albany, Ohio 43054 location) as to re33 Order on Motion to Withdraw as Attorney. (sem)
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Saturday, March 29, 2025
34 34 14 pgs order Order on Motion to Dismiss Sat 03/29 11:45 AM
OPINION AND ORDER denying20 Defendant CMI Roadbuilding, Inc. Motion to Dismiss the First Amended Complaint. Signed by Judge Edmund A. Sargus on 3/29/2025. (cmw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Thursday, March 20, 2025
33 33 2 pgs order Order on Motion to Withdraw as Attorney Thu 03/20 1:32 PM
ORDER granting32 Motion to Withdraw as Attorney. Attorneys Grace Elizabeth Dunn and Bryan Mark Pritikin terminated. Plaintiffs are ORDERED to retain a trial attorney as provided for in Southern District of Ohio Civil Rule 83.4 WITHIN THIRTY DAYS OF THE DATE OF THIS ORDER, and to have counsel enter an appearance on their behalf. Failure to comply with this Order may result in dismissal of this action for failure to prosecute. Signed by Magistrate Judge Chelsey M. Vascura on 3/20/2025. (agm)
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Wednesday, February 26, 2025
32 32 motion Withdraw as Attorney Wed 02/26 2:34 PM
MOTION to Withdraw as Attorney Motion for Leave to Withdraw As Plaintiffs' Counsel of Record by Plaintiffs Amaazz Construction Group LLC, Amaazz Construction Ohio, LLC. (Pritikin, Bryan)
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Att: 1 Text of Proposed Order Proposed Order
Thursday, November 14, 2024
31 31 respm Reply to Response to Motion Thu 11/14 3:14 PM
REPLY to Response to Motion re20 MOTION to Dismiss The First Amended Complaint filed by Defendant CMI Roadbuilding, Inc.. (Merical, Joseph)
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Thursday, October 31, 2024
30 30 respm Response in Opposition to Motion Thu 10/31 4:03 PM
RESPONSE in Opposition re20 MOTION to Dismiss The First Amended Complaint Plaintiffs' Memorandum Opposing Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint filed by Plaintiffs Amaazz Construction Group LLC, Amaazz Construction Ohio, LLC. (Pritikin, Bryan)
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Thursday, October 10, 2024
29 29 order Order on Motion for Extension of Time to File Response/Reply Thu 10/10 11:24 AM
NOTATION ORDER granting26 Motion for Extension of Time to File Response re20 MOTION to Dismiss The First Amended Complaint . Responses due by 10/31/2024. By Magistrate Judge Chelsey M. Vascura on 10/10/2024. (agm)
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28 28 17 pgs order Order on Motion for Protective Order Thu 10/10 9:48 AM
ORDER granting27 Motion for Protective Order. Signed by Magistrate Judge Chelsey M. Vascura on 10/10/2024. (mas)
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Wednesday, October 09, 2024
27 27 motion Protective Order Wed 10/09 3:14 PM
MOTION for Protective Order by Plaintiffs Amaazz Construction Group LLC, Amaazz Construction Ohio, LLC. (Pritikin, Bryan)
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26 26 motion Extension of Time Wed 10/09 3:12 PM
MOTION for Extension of Time New date requested 10/31/2024. by Plaintiffs Amaazz Construction Group LLC, Amaazz Construction Ohio, LLC. (Pritikin, Bryan)
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Att: 1 Text of Proposed Order Order Granting Unopposed Motion for Extension of Time to Respond to Motion to Dismiss
Tuesday, October 08, 2024
25 25 notice Notice of Appearance Tue 10/08 8:23 AM
NOTICE of Appearance by Bryan Mark Pritikin for Plaintiffs Amaazz Construction Group LLC, Amaazz Construction Ohio, LLC (Pritikin, Bryan)
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Monday, September 16, 2024
24 24 2 pgs order Order on Motion for Extension of Time Mon 09/16 12:02 PM
ORDER granting23 Joint Motion to Extend Case Management Schedule. Discovery due by 8/5/2025. Dispositive motions due by 9/19/2025. Primary Expert due by 6/13/2025. Rebuttal Expert due by 7/28/2025. It is FURTHER ORDERED that Plaintiff's opposition to Defendant's Motion to Dismiss (ECF No. 20) is due by October 10, 2024, and Defendant's reply is due by October 24, 2024. Signed by Magistrate Judge Chelsey M. Vascura on 9/16/2024. (mve)
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utility Set Motion and R&R Deadlines/Hearings Mon 09/16 12:04 PM
Set/Reset Deadlines as to20 MOTION to Dismiss The First Amended Complaint . Responses due by 10/10/2024 Replies due by 10/24/2024. (mve)
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Friday, September 13, 2024
23 23 motion Extension of Time Fri 09/13 2:41 PM
First MOTION for Extension of Time New date requested 9/13/2024. Joint Motion to Extend Case Management Schedule by Plaintiffs Amaazz Construction Group LLC, Amaazz Construction Ohio, LLC. (Pritikin, Bryan)
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Att: 1 Text of Proposed Order Order Granting Joint Motion to Extend Case Management Schedule
Tuesday, September 10, 2024
22 22 1 pgs order Order on Motion to Substitute Attorney Tue 09/10 9:39 AM
ORDER granting21 Motion to Substitute Attorney. Signed by Magistrate Judge Chelsey M. Vascura on 9/10/2024. (mas)
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Monday, September 09, 2024
21 21 motion Substitute Attorney Mon 09/09 4:14 PM
MOTION to Substitute Attorney Trial Counsel by Plaintiffs Amaazz Construction Group LLC, Amaazz Construction Ohio, LLC. (Pritikin, Bryan)
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Thursday, August 29, 2024
20 20 motion Dismiss Thu 08/29 3:59 PM
MOTION to Dismiss The First Amended Complaint by Defendant CMI Roadbuilding, Inc.. (Merical, Joseph)
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Thursday, August 15, 2024
19 19 cmp Amended Complaint Thu 08/15 3:40 PM
AMENDED COMPLAINT against CMI Roadbuilding, Inc., filed by Amaazz Construction Ohio, LLC and Amaazz Construction Group LLC. (mas)
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Att: 1 Exhibits
18 18 4 pgs order Order on Motion for Leave to File Thu 08/15 3:34 PM
ORDER granting16 Motion for Leave to File Amended Complaint Instanter. Signed by Magistrate Judge Chelsey M. Vascura on 8/15/2024. (mas)
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Thursday, August 01, 2024
17 17 respm Response in Opposition to Motion Thu 08/01 7:15 PM
RESPONSE in Opposition re16 First MOTION for Leave to File Amended Complaint Instanter filed by Counter Claimant CMI Roadbuilding, Inc., Defendant CMI Roadbuilding, Inc.. (Merical, Joseph)
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Att: 1 Exhibit 1, Amaazz Construction Group, LLC's Initial Disclosures
Thursday, July 11, 2024
16 16 motion Leave to File Document Thu 07/11 4:13 PM
First MOTION for Leave to File Amended Complaint Instanter by Plaintiff Amaazz Construction Group LLC. (Wiley, Nolan)
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Att: 1 Exhibit A Amended Complaint
Wednesday, July 10, 2024
15 15 order Order on Motion for Leave to Appear Pro Hac Vice Wed 07/10 9:02 PM
NOTATION ORDER granting13 &14 Motions for Leave to Appear Pro Hac Vice of James R. Baker and Cary E. Hiltgen. PHV Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Chelsey M. Vascura on 7/10/2024. (er)
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14 14 motion Appear - Pro Hac Vice Wed 07/10 1:51 PM
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-10059694) of Cary Hiltgen by Defendant CMI Roadbuilding, Inc.. (Merical, Joseph)
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Att: 1 Exhibit Certificate of Good Standing
13 13 motion Appear - Pro Hac Vice Wed 07/10 1:47 PM
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-10059678) of James R. Baker by Defendant CMI Roadbuilding, Inc.. (Merical, Joseph)
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Att: 1 Exhibit Certificate of Good Standing
Monday, June 10, 2024
12 12 order Columbus Preliminary Pretrial Order Mon 06/10 3:14 PM
PRELIMINARY PRETRIAL ORDER: The Court adopts the following case schedule: Joinder of Parties due by 7/15/2024. Motions to Amend due by 7/15/2024. Initial Disclosures due by 7/15/2024. Discovery due by 1/17/2025. Dispositive motions due by 2/28/2025. Primary Expert due by 10/18/2024. Rebuttal Expert due by 12/2/2024. Settlement Demand due by 7/1/2024. Response to Settlement Demand due by 7/15/2024. Mediation Deadline: 1/2025. Signed by Magistrate Judge Chelsey M. Vascura on June 10, 2024. (jlk)
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11 11 answer Answer to Counterclaim Mon 06/10 3:09 PM
ANSWER to7 Answer to Complaint, Counterclaim filed by Amaazz Construction Group LLC. (Wiley, Nolan)
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minutes Pretrial Conference - Initial Tue 06/11 10:49 AM
Statistical Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Initial Pretrial Conference held on 6/10/2024. (agm)
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Monday, June 03, 2024
10 10 misc Rule 26(f) Report Mon 06/03 2:36 PM
RULE 26(f) REPORT by Plaintiff Amaazz Construction Group LLC. (Miller, Timothy)
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Thursday, May 23, 2024
9 9 notice Notice of Hearing Thu 05/23 2:02 PM
NOTICE of Hearing: Initial Conference set for 6/10/2024 10:30 AM in Teleconference before Magistrate Judge Chelsey M. Vascura. (agm)
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Monday, May 20, 2024
8 8 misc Corporate Disclosure Statement Mon 05/20 2:29 PM
Corporate Disclosure Statement by Defendant CMI Roadbuilding, Inc.. (Merical, Joseph)
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7 7 answer Answer to Complaint Counterclaim Mon 05/20 2:27 PM
Defendant's ANSWER to1 Complaint, with Jury Demand , COUNTERCLAIM against Amaazz Construction Group LLC filed by CMI Roadbuilding, Inc.. (Merical, Joseph)
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Friday, May 03, 2024
6 6 service Summons Returned Executed Tue 05/07 3:33 PM
SUMMONS Returned Executed: CMI Roadbuilding, Inc. served on 4/29/2024, answer due 5/20/2024. (er)
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Wednesday, April 24, 2024
5 5 misc Certificate of Clerk Wed 04/24 9:32 AM
CERTIFICATE of Mailing by Clerk- A copy of the complaint and issued summons were sent to Defendant via certified mail. (mas)
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4 4 service Summons Issued Wed 04/24 9:30 AM
Summons Issued as to CMI Roadbuilding, Inc. (mas)
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Wednesday, March 06, 2024
3 3 order Related Case Memorandum Wed 03/06 1:35 PM
RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 2:21cv3644 ARE related. Case reassigned to Judge Edmund A. Sargus for all further proceedings. Signed by Judge Michael H. Watson and Judge Edmund A. Sargus, Jr. on 3/6/2024. (mas) Modified by adding judge on 3/6/2024 (mas)
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Tuesday, March 05, 2024
1 1 cmp Complaint Tue 03/05 2:44 PM
COMPLAINT with JURY DEMAND Amaazz Construction Group, LLC against CMI Roadbuilding, Inc. ( Filing fee $ 405 paid - receipt number: COHSDC-9850397), filed by Amaazz Construction Group LLC. (Wiley, Nolan)
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Att: 1 Civil Cover Sheet,
Att: 2 Exhibit 1