Placo San Bernandino, LLC v. City of San Bernardino et al
| Placo San Bernandino, LLC |
| City of San Bernardino Economic Development Agency, City of San Bernardino, Does 1 through 10, Panattoni Development Company, Inc. and Chicago Title Company |
| 2:2011cv01187 |
| February 8, 2011 |
| US District Court for the Central District of California |
| Alicia G Rosenberg |
| George H Wu |
| Condemnation |
| Plaintiff |
Docket Report
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| Filing 37 MINUTES OF GRANTING #33 Plaintiff's Motion for Order of Dismissal without prejudice. The action is dismissed without prejudice (see attached minute order for further details) ( MD JS-6. Case Terminated ); Motion Hearing held before Judge George H Wu: Court Reporter: Sherri Kleeger. (pj) |
| Filing 36 REPLY In Support of MOTION to Dismiss Case Without Prejudice #33 filed by Plaintiff Placo San Bernandino, LLC. (Sheldon, Bryan) |
| Filing 35 OPPOSITION to MOTION to Dismiss Case Without Prejudice #33 filed by Defendants City of San Bernardino, City of San Bernardino Economic Development Agency, Panattoni Development Company, Inc.. (Halperin, Lawrence) |
| Filing 34 SUPPLEMENT to MOTION to Dismiss Case Without Prejudice #33 Request for Judicial Notice filed by Plaintiff Placo San Bernandino, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sheldon, Bryan) |
| Filing 33 NOTICE OF MOTION AND MOTION to Dismiss Case Without Prejudice filed by Plaintiff Placo San Bernandino, LLC. Motion set for hearing on 8/1/2011 at 08:30 AM before Judge George H Wu. (Attachments: #1 Proposed Order)(Sheldon, Bryan) |
| Filing 32 NOTICE of Change of Attorney Information for attorney David Allan Berkley counsel for Defendants City of San Bernardino, City of San Bernardino Economic Development Agency. David Allan Berkley will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.David Allan Berkley is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendant City of San Bernardino, Redevelopment Agency of the City of San Bernardino (Berkley, David) |
Filing 31
ORDER RE STIPULATION TO EXTEND PLEADING DEADLINE by Judge George H Wu. IT IS HEREBY ORDERED that: The time for Plaintiff to file its second amended complaint is extended for ten days from June 13, 2011, within which time the parties shall either file their joint stipulation of dismissal or Plaintiff shall file its motion for dismissal without prejudice. (bp)
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| Filing 30 First STIPULATION for Extension of Time to File Second Amended Complaint filed by Plaintiff Placo San Bernandino, LLC. (Attachments: #1 Proposed Order)(Sheldon, Bryan) |
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Filing 28
MINUTE ORDER (IN CHAMBERS): COURT ORDER by Judge George H Wu: The tentative circulated on May 23, 2011 is adopted as the Courts final ruling. Defendants City of San Bernardino, City of San Bernardino Economic Development Agency, Panattoni Development Company, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP 12(b)(6), is granted as to Placos first claim for relief for lack of subject matter jurisdiction. Court dismisses the third claim for relief without leave to amend and dismisses the second, fourth, fifth and seventh claims for relief with leave to amend. Plaintiff will have until June13, 2011 to manually file a Second Amended Complaint. (rp)
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| Filing 29 MINUTES OF PROCEEDINGS: DEFENDANTS CITY OF SAN BERNARDINO, CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY, PANATTONI DEVELOPMENT COMPANY, INC'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT PURSUANT TO FRCP 12 (b)(6) (filed 04/11/11) held before Judge George H Wu: The Court's tentative ruling is circulated and attached hereto. Court heras oral argument. Defendants City of San Bernardino, City of San Bernardino Economic Development Agency, Panattoni Development Company, Inc's Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP 12(b)(6), is taken under submission. Court to issue ruling. Court Reporter: Wil Wilcox. (rp) |
| Filing 27 RESPONSE IN SUPPORT of MOTION to Dismiss Plaintiff's First Amended Complaint (Causes of Action Nos. 1, 2, 3, 4, 5, and 7) Pursuant to F.R.C.P. 12(b)(6) MOTION to Dismiss Plaintiff's First Amended Complaint (Causes of Action Nos. 1, 2, 3, 4, 5, and 7) Pursuant to F.R.C.P. 12(b)(6) MOTION to Dismiss Plaintiff's First Amended Complaint (Causes of Action Nos. 1, 2, 3, 4, 5, and 7) Pursuant to F.R.C.P. 12(b)(6) #25 filed by Defendants City of San Bernardino, City of San Bernardino Economic Development Agency, Panattoni Development Company, Inc.. (Attachments: #1 Supplemental Compendium of Judicial Authorities)(Berkley, David) |
| Filing 26 OPPOSITION to MOTION to Dismiss Plaintiff's First Amended Complaint (Causes of Action Nos. 1, 2, 3, 4, 5, and 7) Pursuant to F.R.C.P. 12(b)(6) MOTION to Dismiss Plaintiff's First Amended Complaint (Causes of Action Nos. 1, 2, 3, 4, 5, and 7) Pursuant to F.R.C.P. 12(b)(6) MOTION to Dismiss Plaintiff's First Amended Complaint (Causes of Action Nos. 1, 2, 3, 4, 5, and 7) Pursuant to F.R.C.P. 12(b)(6) #25 filed by Plaintiff Placo San Bernandino, LLC. (Attachments: #1 Compendium of Judicial Authorities)(Sheldon, Bryan) |
| Filing 25 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint (Causes of Action Nos. 1, 2, 3, 4, 5, and 7) Pursuant to F.R.C.P. 12(b)(6) filed by Defendants City of San Bernardino, City of San Bernardino Economic Development Agency, Panattoni Development Company, Inc.. Motion set for hearing on 5/23/2011 at 08:30 AM before Judge George H Wu. (Attachments: #1 Declaration of Lawrence Halperin, #2 Request for Judicial Notice, #3 Compendium of Authorities (Part 1 of 2), #4 Compendium of Authorities (Part 1 of 2), #5 Proposed Order)(Berkley, David) |
| Filing 24 NOTICE of Change of Attorney Information for attorney Bryan King Sheldon counsel for Plaintiff Placo San Bernandino, LLC. Filed by Plaintiff Placo San Bernardino, LLC (Sheldon, Bryan) |
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Filing 23
ORDER GRANTING STIPULATION FOR EXTENSION FOR DEFENDANTS TO FILE RESPONSE TO PLAINTIFFS FIRST AMENDED COMPLAINT by Judge George H Wu #22 . Defendants shall file and serve their responsive pleadings to Plaintiffs FAC via the Central District of Californias CM/ECF System no later than April 11, 2011. (im)
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| Filing 22 STIPULATION for Extension of Time to File Response to First Amended Complaint filed by Defendant City of San Bernardino Economic Development Agency. (Attachments: #1 Proposed Order)(Halperin, Lawrence) |
| Filing 21 PROOF OF SERVICE filed by Plaintiff Placo San Bernandino, LLC, re Amended Complaint, #18 , Summons Issued served on 03/14/2011. (Sheldon, Bryan) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Placo San Bernandino, LLC, upon Defendant Chicago Title Company served on 3/14/2011, answer due 4/4/2011. Service of the Summons and Complaint were executed upon Margaret Wilson, Process Specialist for CT Corporation, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. Summons and First Amended Complaint (Sheldon, Bryan) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Placo San Bernandino, LLC, upon Defendant Panattoni Development Company, Inc. served on 3/15/2011, answer due 4/5/2011. Service of the Summons and Complaint were executed upon Katrina Woodbury, Authorized Agent to Accept Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. Summons and First Amended Complaint (Sheldon, Bryan) |
| Filing 18 FIRST AMENDED COMPLAINT #1 ; Jury Trial Demand against Defendants Chicago Title Company, City of San Bernardino, City of San Bernardino Economic Development Agency, Panattoni Development Company, Inc., Does, 1 through 10 filed by Plaintiff Placo San Bernandino, LLC. (lom) (Additional attachment(s) added on 3/14/2011: #2 Exhibit A PART 1 TO FAC, #3 Exhibit A PART 2 TO FAC, #4 Exhibit A PART 3 TO FAC, #5 Exhibit B, #6 Exhibit C) (pj). |
| 21 DAY Summons Issued re Amended Complaint, #18 as to Defendants Chicago Title Company, City of San Bernardino, City of San Bernardino Economic Development Agency, Does, Panattoni Development Company, Inc. (lom) |
| Filing 17 DECLARATION of Non Monetary Status filed by Defendant Chicago Title Company. (Stern, Douglas) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Placo San Bernandino, LLC, upon Defendant Panattoni Development Company, Inc. served on 2/11/2011, answer due 3/4/2011. Service of the Summons and Complaint were executed upon Katina Woodbury, Agent authorized to accept service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Sheldon, Bryan) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Placo San Bernandino, LLC, upon Defendant Chicago Title Company served on 2/11/2011, answer due 3/4/2011. Service of the Summons and Complaint were executed upon Margaret Wilson, Process Specialist, CT Corp., Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Sheldon, Bryan) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Placo San Bernandino, LLC, upon Defendant City of San Bernardino Economic Development Agency served on 2/10/2011, answer due 3/3/2011. Service of the Summons and Complaint were executed upon Christine Hurtado, Clerk authorized to accept service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Sheldon, Bryan) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Placo San Bernandino, LLC, upon Defendant City of San Bernardino served on 2/10/2011, answer due 3/3/2011. Service of the Summons and Complaint were executed upon Regina Guerrero, Clerk authorized to accept service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Sheldon, Bryan) |
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Filing 12
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Fernando M. Olguin. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07 and General Order 08-05. Case randomly reassigned from Magistrate Judge Fernando M. Olguin to Magistrate Judge Alicia G. Rosenberg for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 11-01187 GW(AGRx). (rn)
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Filing 11
ORDER by Judge George H Wu: denying #4 Ex Parte Application for TRO (pj)
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| Filing 10 REPLY in support re timeliness of ex parte application EX PARTE APPLICATION for Temporary Restraining Order as to To Halt Foreclosure #4 filed by Plaintiff Placo San Bernandino, LLC. (Attachments: #1 Declaration of Donald Chae)(Sheldon, Bryan) |
| Filing 9 NOTICE of Change of Attorney Information for attorney Lawrence Neil Halperin counsel for Defendants City of San Bernardino, City of San Bernardino Economic Development Agency. Adding LAWRENCE N. HALPERIN as attorney as counsel of record for CITY OF SAN BERNARDINO; CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY for the reason indicated in the G-06 Notice. Filed by DEFENDANT CITY OF SAN BERNARDINO; CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY (Halperin, Lawrence) |
| Filing 8 NOTICE of Change of Attorney Information for attorney David Allan Berkley counsel for Defendants City of San Bernardino, City of San Bernardino Economic Development Agency. Adding DAVID A. BERKLEY as attorney as counsel of record for CITY OF SAN BERNARDINO; CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY for the reason indicated in the G-06 Notice. Filed by DEFENDANT CITY OF SAN BERNARDINO; CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY (Berkley, David) |
| Filing 7 NOTICE of Interested Parties filed by Defendant City of San Bernardino, City of San Bernardino Economic Development Agency. (Berkley, David) |
| Filing 6 Opposition Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to To Halt Foreclosure #4 filed by Defendants City of San Bernardino, City of San Bernardino Economic Development Agency. (Attachments: #1 Declaration of Don Gee, #2 Compendium of Judicial Authorities, #3 Declaration of Emil Marzullo)(Berkley, David) |
| Filing 5 STANDING ORDER Re Final Pre-Trial Conferences for Civil Jury Trials Before Judge George H. Wu. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth "Local Rules") 16-1 through 16-15 regarding pre-trial requirements. SEE ATTACHED ORDER FOR DETAILS. (rs) |
| Filing 4 EX PARTE APPLICATION for Temporary Restraining Order as to To Halt Foreclosure filed by Plaintiff Placo San Bernandino, LLC. (Attachments: #1 Proposed Order, #2 Declaration Bryan King Sheldon, #3 Exhibit A to Bryan Sheldon's Declaration, #4 Declaration Salvatore Catalano', #5 Declaration JT Kim, #6 Declaration Re Notice)(Sheldon, Bryan) |
| Filing 3 NOTICE TO PARTIES OF ADR PROGRAM filed. (et) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Placo San Bernandino, LLC, identifying Other Affiliate M D Development, Inc. for Placo San Bernandino, LLC. (et) (mg). |
| Filing 1 COMPLAINT against Defendants Chicago Title Company, City of San Bernardino, City of San Bernardino Economic Development Agency, Does 1 through 10, Panattoni Development Company, Inc. Case assigned to Judge George H Wu for all further proceedings. Discovery referred to Magistrate Judge Fernando M. Olguin.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Placo San Bernandino, LLC. (et) (Additional attachment(s) added on 2/9/2011: #1 part 2) (mg). |
| 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Chicago Title Company, City of San Bernardino, City of San Bernardino Economic Development Agency, Does 1 through 10, Panattoni Development Company, Inc. (et) |
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