Riviera Finance of Texas Inc v. Tyco Integrated Security LLC et al
| Riviera Finance of Texas Inc |
| Tyco Integrated Security LLC, ADT Security Services Inc, a Delaware Limited Liability Company, 365 Electrician Inc and United States of America Department of the Treasury |
| 5:2013cv00181 |
| January 29, 2013 |
| US District Court for the Central District of California |
| Terry J Hatter |
| Oswald Parada |
| Taxes |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 6, 2013. A more recent docket listing may be available from PACER.
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Filing 40
MINUTES OF IN CHAMBERS - ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr.: The Court hereby GRANTS Plaintiff's Application for Dismissal of Case Without Prejudice as to Defendant 365 Electrician, Inc. #39 . This case is hereby closed. (MD JS-6. Case Terminated) Court Reporter: Not Reported. (gk)
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| Filing 39 APPLICATION to Dismiss Defendant 365 Electrician Inc Application of Plaintiff for Dismissal of Case Without Prejudice as to Defendant 365 Electrician, Inc. filed by Plaintiff Riviera Finance of Texas Inc. (Felton, James) |
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Filing 38
ORDER GRANTING STIPULATION FOR DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE AS TO DEFENDANT TYCO INTEGRATED SECURITY, LLC by Judge Terry J. Hatter, Jr.: Upon Stipulation #36 , #37 , it is hereby ordered that the matter is hereby dismissed without prejudice as to Defendant Tyco Integrated Security, LLC fka ADT Security Services. (gk)
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| Filing 37 STIPULATION to Dismiss Defendant Tyco Integrated Security LLC filed by Plaintiff Riviera Finance of Texas Inc. (Attachments: #1 Proposed Order Granting Stipulation to Dismiss Action)(Mourning, Daniel) |
| Filing 36 NOTICE OF MOTION AND MOTION to Dismiss Defendant Tyco Integrated Security LLC filed by Plaintiff Riviera Finance of Texas Inc. (Attachments: #1 Proposed Order Granting Stipulation to Dismiss Action)(Mourning, Daniel) |
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Filing 35
ORDER by Judge Terry J. Hatter, Jr, having reviewed and considered the Second Stipulation #34 . (1) Tyco will have a 30-day extension, up to and through November 22, 2013, to serve and file its response to Riviera's FAC; and (2) By entering into this Stipulation, Tyco does not waive and expressly reserves all defenses and challenges to Riviera's FAC. (ir)
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| Filing 34 Second STIPULATION for Extension of Time to File Defendant's Response as to Amended Complaint, #25 filed by Defendant Tyco Integrated Security LLC. (Attachments: #1 Proposed Order)(Killens, Christopher) |
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Filing 33
MINUTES OF IN CHAMBERS - NOTICE TO ALL PARTIES OF COURT ORDER by Judge Terry J. Hatter, Jr.: On the Court's own motion, the Final Pretrial Conference is hereby ordered continued to 12/9/2013 10:00 AM before Judge Terry J. Hatter, Jr. Court Reporter: Not Reported. (gk)
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Filing 32
ORDER GRANTING STIPULATION RE: DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(2) BETWEEN PLAINTIFF AND DEFENDANT UNITED STATES OF AMERICA by Judge Terry J. Hatter, Jr.: Upon Stipulation #31 , defendant, the United States of America, Department of the Treasury, is dismissed from this action, pursuant to Fed. R. Civ. P. 41(a)(2), without prejudice. (gk)
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| Filing 31 STIPULATION to Dismiss Defendant United States of America Department of the Treasury filed by Defendant United States of America Department of the Treasury. (Attachments: #1 Proposed Order Granting Stipulation Re: Dismissal Pursuant to Fed. R. Civ. P. 41(a)(2) Between Plaintiff and Defendant United States of America)(Makarewicz, Valerie) |
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Filing 30
ORDER GRANTING STIPULATION IN SETTLEMENT OF COMPLAINT BETWEEN PLAINTIFF AND DEFENDANT UNITED STATES OF AMERICA by Judge Terry J. Hatter, Jr.: Upon Stipulation #27 , IT IS HEREBY ORDERED that Riviera Finance of Texas, Inc. ("Riviera") shall pay to the United States of America the sum of $101,830.61 on or before 9/30/2013. The payment of the sum of $101,830.61 is to satisfy the following liens: 1) the Notice of Federal Tax Lien filed on 5/23/2012, No. 12-7314991178, in the amount of $81,377.83, with the Secretary of State of California, regarding Form 940 employment taxes of 365 for the period ending 12/31/2011, and Form 941 employment taxes of 365 for the period ending 12/31/2011; and 2) the Notice of Federal Tax Lien filed on 8/13/2012, No. 12-7325168378, in the amount of $23,845.64, with the Secretary of State of California, regarding Form 941 employment taxes of 365 for the period ending 3/31/2012. The aforementioned liens will thereafter be released in accordance with 26 U.S.C. Section 6325 and the applicable Treasury Regulations. The Notices of Federal Tax Liens filed with the County of San Bernardino on 1/24/2012, No. 2012-0026239, and 4/6/2012, No. 2012-0132416, and the Notice of Federal Tax Lien filed with the Secretary of State of California on 10/10/2012, No. 12-7333164787, will remain in effect and attached to any and all property and rights to property of 365, except for the accounts receivable of 365 in which Riviera has a security interest pursuant to the factoring security agreement entered into between Riviera and 365 on 9/27/2012. Riviera and the United States of America will execute a Stipulation to Dismiss the United States of America from the action pursuant to Fed. R. Civ. P. 41(a)(2), and upon approval of the Stipulation to Dismiss by the Court, the United States of America will be dismissed from this action, without prejudice. Each party shall bear their own costs and attorney's fees. (gk)
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Filing 29
ORDER GRANTING STIPULATION TO EXTEND TIME FOR DEFENDANT TYCO INTEGRATED SECURITY, LLC TO RESPOND TO FIRST AMENDED COMPLAINT by Judge Terry J. Hatter, Jr.: Upon Stipulation #28 , IT IS HEREBY ORDERED that Defendant Tyco Security, LLC f/k/a ADT Security Services, Inc. will have up to and through 10/23/2013, to serve and file its response to Plaintiff Riviera Finance of Texas, Inc.'s First Amended Complaint #25 . (gk)
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| Filing 28 STIPULATION Extending Time to Answer the complaint as to Tyco Integrated Security LLC answer now due 10/23/2013, re Amended Complaint, #25 filed by defendant Tyco Integrated Security LLC. (Attachments: #1 Proposed Order Granting Stipulation to Extend Time for Defendant Tyco Integrated Security, LLC to Respond to First Amended Complaint)(Killens, Christopher) |
| Filing 27 STIPULATION for Settlement of Complaint Between Plaintiff and Defendant United States of America filed by Defendant United States of America Department of the Treasury. (Attachments: #1 Proposed Order Granting Stipulation in Settlement of Complaint Between Plaintiff and Defendant United States of America)(Makarewicz, Valerie) |
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Filing 26
MINUTES OF IN CHAMBERS - ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr.: Counsel are hereby notified that Defendant's motion to dismiss the case filed on 4/1/2013 #11 is hereby MOOT pursuant to the First Amended Complaint filed on 9/5/2013. Court Reporter: Not Reported. (gk)
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Filing 24
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Terry J. Hatter, Jr., ORDERING First Amended Complaint submitted by Plaintiff Riviera Finance of Texas Inc received on 9/5/2013 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (gk)
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| Filing 25 FIRST AMENDED COMPLAINT against Defendants Tyco Integrated Security, LLC fka ADT Security Services, Inc., 365 Electrician, Inc., and United States of America Department of the Treasury; amending Complaint #1 ; with Jury Demand filed by Plaintiff Riviera Finance of Texas, Inc. (Attachments: #1 Part 2, #2 Part 3)(gk) |
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Filing 23
ORDER CONTINUING HEARING DATE OF PRETRIAL CONFERENCE AND DATE OF PRETRIAL by Judge Terry J. Hatter, Jr. #22 . The hearing date of the pretrial conference shall be continued to October 21, 2013 at 10:00 a.m. in Courtroom #17, and that all attendant dates pursuant to the Local Rules that emanate from the pretrial conference date be similarly moved based upon the new pretrial conference date. (im)
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| Filing 22 STIPULATION to Continue Hearing Date of Pretrial Conference and Date of Pretrial from August 26, 2013 to October 21, 2013 Re: Pretrial-Trial Scheduling Order #10 filed by Plaintiff Riviera Finance of Texas Inc. (Attachments: #1 Proposed Order [Proposed] Order)(Felton, James) |
| Filing 21 NOTICE of Change of Attorney Business or Contact Information: for attorney Daniel Waite Mourning counsel for Plaintiff Riviera Finance of Texas Inc. Changing address to 7041 Koll Center Parkway, Suite 148, Pleasanton, CA 94566. Filed by plaintiff Daniel W. Mourning. (Mourning, Daniel) |
| Filing 20 NOTICE OF ERRATA filed by Defendant Tyco Integrated Security LLC. correcting Reply (Motion related), #18 (Kane, Matthew) |
| Filing 19 DEFENDANT TYCO INTEGRATED SECURITY LLC'S EVIDENTIARY OBJECTIONS TO AND MOTION TO STRIKE DECLARATION OF DANIEL W. MOURNING IN SUPPORT OF PLAINTIFF'S OPPOSITION TO TYCO'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(3) OR, IN THE ALTERNATIVE, PURSUANT TO FED. R. CIV. P. 12(b)(6) re: MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(3) or, in the Alternative, Pursuant to Fed. R. Civ. P. 12(b)(6) #11 filed by Defendant Tyco Integrated Security LLC. (Kane, Matthew) |
| Filing 18 REPLY in support of a MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(3) or, in the Alternative, Pursuant to Fed. R. Civ. P. 12(b)(6) #11 filed by Defendant Tyco Integrated Security LLC. (Attachments: #1 Declaration)(Kane, Matthew) |
| Filing 17 NOTICE OF LODGING filed re MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(3) or, in the Alternative, Pursuant to Fed. R. Civ. P. 12(b)(6) #11 (Attachments: #1 Proposed Order)(Kane, Matthew) |
| Filing 16 OPPOSITION re: MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(3) or, in the Alternative, Pursuant to Fed. R. Civ. P. 12(b)(6) #11 ; Declaration filed by Defendant United States of America Departmant of the Treasury. (Makarewicz, Valerie) |
| Filing 15 DECLARATION of Daniel W. Mourning In Support of Opposition to MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(3) or, in the Alternative, Pursuant to Fed. R. Civ. P. 12(b)(6) #11 Declaration of Daniel W. Mourning Pursuant to Local Rule 55-2 In Support of Plaintiff's Opposition to Defendant Tyco's Motion to Dismiss filed by Plaintiff Riviera Finance of Texas Inc. (Felton, James) |
| Filing 14 OPPOSITION IN OPPOSITION TO re: MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(3) or, in the Alternative, Pursuant to Fed. R. Civ. P. 12(b)(6) #11 Plaintiff Riviera Finance of Texas, Inc.'s Opposition to Defendant Tyco Integrated Security, LLC's Motion to Dismiss filed by Plaintiff Riviera Finance of Texas Inc. (Felton, James) |
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Filing 13
ORDER CONTINUING #12 HEARING DATE OF MOTION TO DISMISS AND RELATED BRIEFING SCHEDULE by Judge Terry J. Hatter, Jr. IT IS HEREBY ORDERED the hearing date of Motion to dismiss #11 shall be continued to 5/6/2013, opposition of plaintiff shall be filed on or before 4/15/2013, and defendant's reply shall be filed on or before 4/22/2013. (ys)
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| Filing 12 STIPULATION to Continue Hearing Date and Briefing Schedule re Motion to Dismiss Complaint from May 6, 2013 to On or before April 15, 2013 Re: MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(3) or, in the Alternative, Pursuant to Fed. R. Civ. P. 12(b)(6) #11 filed by Plaintiff Riviera Finance of Texas Inc. (Attachments: #1 Proposed Order (Proposed) Order)(Felton, James) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(3) or, in the Alternative, Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Defendant Tyco Integrated Security LLC. (Attachments: #1 Proposed Order)(Kane, Matthew) |
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Filing 10
ORDER SETTING FINAL PRETRIAL CONFERENCE by Judge Terry J. Hatter, Jr.set for 8/26/2013 at 10:00 A.M. (Read Order carefully) (ys)
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| Filing 9 ANSWER to Complaint - (Discovery), #1 filed by Defendant United States of America Departmant of the Treasury.(Makarewicz, Valerie) |
| Filing 8 PROOF OF SERVICE Executed by Plaintiff Riviera Finance of Texas Inc, upon Defendant Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Steffon Edmonds, Mail Clerk, U. S. Dept. of the Treasury (960 Pennsylvania Ave NW, Washington, DC 20530). The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons returned. (Felton, James) |
| Filing 7 PROOF OF SERVICE Executed by Plaintiff Riviera Finance of Texas Inc, upon Defendant United States of America Departmant of the Treasury served on 2/6/2013, answer due 4/7/2013. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Barbara Le, Legal Assistant at U.S. Attorney's Office, Civil Division (300 N. Los Angeles St., Ste. 7211, Los Angeles, CA 90012). The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons returned. (Felton, James) |
| Filing 6 PROOF OF SERVICE Executed by Plaintiff Riviera Finance of Texas Inc, upon Defendant Tyco Integrated Security LLC served on 2/11/2013, answer due 3/4/2013. Service of the Summons and Complaint were executed upon Donna Moch, Process Specialist at CT Corporation System, Registered Agent in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Felton, James) |
| Filing 5 PROOF OF SERVICE Executed by Plaintiff Riviera Finance of Texas Inc, upon Defendant 365 Electrician Inc served on 2/6/2013, answer due 2/27/2013. Service of the Summons and Complaint were executed upon Christin Shieh/Owner in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Felton, James) |
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Filing 4
MINUTE ORDER (IN CHAMBERS)NEW CASE BEFORE JUDGE HATTER, by Judge Terry J. Hatter, Jr. This action has been assigned to the calendar of Judge Hatter. Additional information about Judge Hatter's procedures and schedules can be found on the court's website. COUNSEL: READ THIS ORDER CAREFULLY. (ys)
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| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(esa) |
| Filing 2 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by plaintiff Riviera Finance of Texas Inc. (esa) (adu). |
| Filing 1 COMPLAINT against defendants 365 Electrician Inc, Tyco Integrated Security LLC, United States of America Departmant of the Treasury. Case assigned to Judge Terry J. Hatter, Jr for all further proceedings; Discovery referred to Magistrate Judge Oswald Parada; (Filing fee $ 350 PAID); Jury Demanded; filed by plaintiff Riviera Finance of Texas Inc.(esa) (adu). |
| 21 DAY Summons Issued re Complaint #1 as to defendants 365 Electrician Inc, Tyco Integrated Security LLC. (esa) |
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