Garcia v. United States of America et al
Plaintiff: Jesus Garcia
Defendant: United States of America, National Steel and Shipbuilding Company, Oilkleen, Inc. and American Systems Corporation
Claimant: Signal Mutual Indemnity Association
Cross Defendant: Ameri-Force, Inc.
Case Number: 3:2014cv01192
Filed: May 12, 2014
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Jill L Burkhardt
Referring Judge: William Q Hayes
Nature of Suit: Marine
Cause of Action: 46 U.S.C. § 1101
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on April 14, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 14, 2016 Opinion or Order Filing 130 ORDER (Re Dkt #128 ): All claims, causes of action, complaints, or other actions that plaintiff Jesus Garcia has asserted or could have asserted against Defendants General Dynamics-National Steel and Shipbuilding Company; Oilkleen, Inc.; and/or American Systems Corporation, including but not limited to all claims, causes of action, complaints, or other actions relating to or stemming from the matters alleged in Plaintiff's complaint and amended complaints are dismissed with prejudice. Any and all claims, causes of action, cross-claims, and other actions that Defendants General Dynamics-National Steel and Shipbuilding Company; Oilkleen, Inc.; and/or American Systems Corporation asserted or could have asserted as against each other, including but not limited to all claims, causes of action, complaints, or other actions relating to or stemming from the matters alleged in Plaintiff's complaint and amended complaints, are dismissed with prejudice. Any and all claims, causes of action, crossclaims or other actions asserted or that could have been asserted by Plaintiff and Defendants General Dynamics-National Steel and Shipbuilding Company; Oilkleen, Inc.; and/or American Systems Corporation, against the United States relating to or stemming from the matters alleged in Plaintiff's complaint are dismissed with prejudice. Any and all claims, causes of action, crossclaims or other actions asserted or that could have been asserted by the United States against Defendants General Dynamics-National Steel and Shipbuilding Company; Oilkleen, Inc.; and/or American Systems Corporation relating to or stemming from the matters alleged in Plaintiff's complaint are dismissed with prejudice. Signed by Judge William Q. Hayes on 4/14/2016. (mdc) (jao).
April 11, 2016 Filing 129 MINUTE ORDER. The Settlement Disposition Conference set for April 15, 2016, at 2:45 PM before Magistrate Judge Jill L. Burkhardt is hereby vacated. (nbp) (jao).
April 11, 2016 Filing 128 Joint MOTION (Stipulation) to Dismiss All Claims - Originally e-filed as NOTICE of Settlement and Stipulation and Order for Dismissal of All Claims by National Steel and Shipbuilding Company (Thames, Jonathan) Modified on 4/12/2016 to change filing event to a motion, and to edit text. (mdc)
March 29, 2016 Filing 127 MINUTE ORDER: In the event the parties finalize a settlement of their claims, a joint motion for dismissal shall be filed electronically on or before 4/14/2016. If a joint motion for dismissal is not received on or before 4/14/2016, then a telephonic, counsel-only Settlement Disposition Conference shall be held on 4/15/2016 at 02:45 PM before Magistrate Judge Jill L. Burkhardt. Magistrate Judge Jill L. Burkhardt on 3/29/2016. (mdc)
March 18, 2016 Filing 126 NOTICE of Vacated Hearing(s) : Pursuant to the Notice of Tentative Settlement #125 filed by Defendant National Steel and Shipbuilding Company, oral argument set for March 30, 2016 is VACATED (no document attached) (smr)
March 16, 2016 Filing 125 NOTICE of Settlement Notice of Tentative Settlement by National Steel and Shipbuilding Company (Attachments: #1 Proof of Service)(Thames, Jonathan)
March 8, 2016 Opinion or Order Filing 124 MINUTE ORDER: The Court received an ex parte voicemail message from Plaintiff's counsel on March 8, 2016. The parties are reminded that calls to chambers should be placed jointly, with counsel for the other side already on the line. If a joint call is unfeasible, the calling party should limit its communication to notifying the court of the need for assistance in scheduling a joint call. By Magistrate Judge Jill L. Burkhardt on 3/8/2016. (no document attached) (jxt)
February 23, 2016 Filing 123 NOTICE of Hearing on Motion: The Court will hear oral argument on the motion for summary judgment #84 filed by Defendant National Steel and Shipbuilding Company on Wednesday, March 30, 2016 at 10:00 AM in Courtroom 14B before Judge William Q. Hayes.(no document attached) (smr)
February 22, 2016 Filing 122 REPLY to Response to Motion re #106 MOTION to Dismiss filed by American Systems Corporation. (Lucas, Stephen)
February 22, 2016 Filing 121 OBJECTION by National Steel and Shipbuilding Company re #108 Response in Opposition to Motion,, Evidentiary Objections to the Declaration of Vickey L. Quinn Filed in Support of the United States' Opposition to Nassco's Motion for Summary Judgment. (Attachments: #1 Proof of Service)(Thames, Jonathan)
February 22, 2016 Filing 120 REPLY to Response to Motion re #84 MOTION for Summary Judgment Combined Reply to Oppositions to Nassco's Motion for Summary Judgment filed by National Steel and Shipbuilding Company. (Attachments: #1 Proof of Service)(Thames, Jonathan)
February 22, 2016 Filing 119 OBJECTION by National Steel and Shipbuilding Company re #92 Response in Opposition to Motion, Objections to the Declaration of Jesus Garcia and Preston Easley in Support of Plaintiff's Opposition to Nassco's Motion for Summary Judgment. (Attachments: #1 Proof of Service)(Thames, Jonathan)
February 22, 2016 Filing 118 OBJECTION by National Steel and Shipbuilding Company re #110 Response in Opposition to Motion, Evidentiary Objections to the Declaration of Anita M. Eilert Filed in Support of Oilkleen, Inc.'s Opposition to Nassco's Motion for Summary Judgment. (Attachments: #1 Proof of Service)(Thames, Jonathan) (mdc.)
February 22, 2016 Filing 117 RESPONSE re #110 Response in Opposition to Motion, #84 MOTION for Summary Judgment Response to Oilkleen's Objections to Evidence Submitted In Support of Nassco's Motion for Summary Judgment filed by National Steel and Shipbuilding Company. (Attachments: #1 Proof of Service)(Thames, Jonathan) (mdc.)
February 16, 2016 Filing 116 CERTIFICATE OF SERVICE by National Steel and Shipbuilding Company re #115 Response in Opposition to Motion to Dismiss by Defendant American Systems Corp. (Thames, Jonathan) (mdc.)
February 12, 2016 Filing 115 RESPONSE in Opposition re #106 MOTION to Dismiss filed by National Steel and Shipbuilding Company. (Attachments: #1 Declaration, #2 Exhibit)(Thames, Jonathan) (mdc.)
February 12, 2016 Filing 114 CERTIFICATE OF SERVICE - Originally e-filed as RESPONSE in Opposition re #106 MOTION to Dismiss Proof of Service filed by Oilkleen, Inc.. (Eilert, Anita) Modified docket text on 2/16/2016 to add "Certificate of Service." (mdc.)
February 12, 2016 Filing 113 DECLARATION re #111 Response in Opposition to Motion by Defendant Oilkleen, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Eilert, Anita) (mdc.)
February 12, 2016 Filing 112 OBJECTION by Oilkleen, Inc. re #106 MOTION to Dismiss . (Eilert, Anita) (mdc.)
February 12, 2016 Filing 111 RESPONSE in Opposition re #106 MOTION to Dismiss filed by Oilkleen, Inc.. (Eilert, Anita) (mdc.)
February 12, 2016 Filing 110 RESPONSE in Opposition re #84 MOTION for Summary Judgment filed by Oilkleen, Inc.. (Attachments: #1 Declaration Anita M. Eilert, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Request for Judicial Notice, #7 Statement of Facts Response, #8 Evidentiary Objections, #9 Proof of Service)(Eilert, Anita) (mdc.)
February 12, 2016 Filing 109 RESPONSE to Motion re #106 MOTION to Dismiss filed by United States of America. (Quinn, Vickey) (mdc.)
February 12, 2016 Filing 108 RESPONSE in Opposition re #84 MOTION for Summary Judgment filed by United States of America. (Attachments: #1 Statement of Facts Separate Statement of Disputed Facts, #2 Declaration of Vickey L. Quinn, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T)(Quinn, Vickey) (mdc.)
February 2, 2016 Filing 107 DECLARATION re #106 MOTION to Dismiss by Defendant American Systems Corporation. (Lucas, Stephen) (mdc.)
January 27, 2016 Filing 106 MOTION to Dismiss by American Systems Corporation. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Kendall Kings, #3 Exhibit Exhibits 1-9)(Lucas, Stephen) (mdc.)
January 13, 2016 Filing 105 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: A Mandatory Settlement Conference was held on 1/13/2016 in the chambers of Magistrate Judge Burkhardt. A settlement was not reached. (no document attached) (jxt) Modified on 1/25/2016 (rab).
January 12, 2016 Opinion or Order Filing 104 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: On 1/11/2016, the Court directed Plaintiff to lodge with the Court a supplemental confidential statement in compliance with Magistrate Judge Burkhardt's Civil Chambers Rules by 9:00 AM today, 1/12/2016. (ECF No. 103.) Plaintiff failed to timely lodge a supplemental statement. Accordingly, Plaintiff is hereby directed to lodge its supplemental statement in compliance with the Court's 1/11/2016 Order and Magistrate Judge Burkhardt's Civil Chambers Rules no later than 1:00 PM today, 1/12/2016. Plaintiff's statement shall address why it is being lodged after the court-ordered deadline. (no document attached) (jxt)
January 11, 2016 Opinion or Order Filing 103 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: On or before 1/12/2016 at 9:00 AM, Plaintiff and Defendant National Steel and Shipbuilding Company shall lodge a supplement to their confidential settlement statements such that they are in compliance with Judge Burkhardt's Civil Chambers Rule directing that the statements shall: (1) not exceed five pages in length, exclusive of exhibits; (2) include "a specific and current demand or offer addressing all relief or remedies sought" or the reasons why a specific demand or offer cannot be made at this time; and (3) "list all attorney and non-attorney attendees for the conference, including person(s) and their title(s) or position(s) with the party who will attend and have settlement authority at the conference." IN ADDITION, on or before 1/12/2016 at 9:00 AM, Defendant American Systems Corporation shall lodge a supplement to its confidential settlement statement such that it is in compliance with Judge Burkhardt's Civil Chambers Rule directing that the settlement statement list "all attorney and non-attorney attendees for the conference, including person(s) and their title(s) or position(s) with the party who will attend and have settlement authority at the conference." (no document attached) (jxt)
January 11, 2016 Opinion or Order Filing 102 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: MSC Statements were due to the Court by 1/4/2016. (ECF No. #74 at 4.) The Court did not receive a statement from Defendant National Steel and Shipbuilding Company. Accordingly, Defendant National Steel and Shipbuilding Company is directed that its Statement shall be lodged no later than today, 1/11/2016, at 2:30 PM and shall address why it is being lodged after the court-ordered deadline. The MSC statement shall be lodged via email at efile_Burkhardt@casd.uscourts.gov. If exhibits are attached and the total submission amounts to more than 20 pages, a hard copy must also be delivered directly to chambers. Defendant should otherwise ensure its Statement complies with Chambers Rules. (no document attached) (jxt)
January 6, 2016 Filing 101 NOTICE OF WITHDRAWAL OF DOCUMENT by National Steel and Shipbuilding Company re #99 Ex Parte MOTION to Continue Mandatory Settlement Conference (by Plaintiff and NASSCO) filed by National Steel and Shipbuilding Company . (Attachments: #1 Proof of Service)(Thames, Jonathan) (nbp).
January 6, 2016 Opinion or Order Filing 100 MINUTE ORDER: On 1/4/2016, Plaintiff and Defendant NASSCO filed a motion to continue the mandatory settlement conference set for January 13, 2016 at 9:00 AM in this case (ECF No. #99 ). The Declaration of Jonathan W. Thames submitted in support of the motion indicates that "counsel for codefendants USA, American Systems, and Oilkleen all stated they were 'not inclined' to stipulate" to the continuance. In light of this information, a telephonic, counsel-only Status Conference is hereby SET for TODAY, 1/6/2016, at 3:00 PM before Magistrate Judge Jill L. Burkhardt. Counsel shall place a joint call to Judge Burkhardt's chambers for purposes of the Status Conference. By Magistrate Judge Jill L. Burkhardt on 1/6/2016 (no document attached) (jxt)
January 4, 2016 Filing 99 **DOCUMENT WITHDRAWN** Ex Parte MOTION to Continue Mandatory Settlement Conference (by Plaintiff and NASSCO) by National Steel and Shipbuilding Company. (Attachments: #1 Declaration, #2 Proof of Service)(Thames, Jonathan) (mdc) (nbp).
November 23, 2015 Opinion or Order Filing 98 ORDER granting #85 Ex Parte Motion to Continue Pursuant to Fed.R.Civ.P. 56(d). The parties shall file any opposition to Defendant NASSCO's motion for summary judgment (ECF No. 84) on or before February 15, 2016. Defendant NASSCO shall file any reply on or before February 29, 2016. Signed by Judge William Q. Hayes on 11/23/2015. (kcm)
October 23, 2015 Filing 97 REPLY to Response to Motion re #85 Ex Parte MOTION to Continue Pursuant to Fed.R.Civ.P. 56(d) filed by United States of America. (Quinn, Vickey) (mdc)
October 20, 2015 Opinion or Order Filing 96 ORDER Granting Parties' Second Joint Motion To Continue Expert Disclosures And Discovery Completion Date (Re Dkt #91 ). Signed by Magistrate Judge Jill L. Burkhardt on 10/20/2015. (mdc)
October 16, 2015 Opinion or Order Filing 95 ORDER granting #93 OilKleen, Inc.'s Ex Parte Motion to Continue Opposition and Reply Dates to Nassco's Motion for Summary Judgment until such time as the court rules on the pending ex parte motion (ECF No. #85 ). Signed by Judge William Q. Hayes on 10/16/2015. (kcm) Modified text to remove dates and include text in motion and regenerated NEF on 10/16/2015 (rlu).
October 16, 2015 Filing 94 RESPONSE in Opposition re #85 Ex Parte MOTION to Continue Pursuant to Fed.R.Civ.P. 56(d) Nassco's Opposition to USA's Ex Parte Motion filed by National Steel and Shipbuilding Company. (Attachments: #1 Proof of Service)(Thames, Jonathan) (kcm).
October 16, 2015 Filing 93 Ex Parte MOTION to Continue Opposition and Reply Dates by Oilkleen, Inc.. (Attachments: #1 Declaration, #2 Proof of Service)(Eilert, Anita) (kcm).
October 13, 2015 Filing 92 RESPONSE in Opposition re #84 MOTION for Summary Judgment filed by Jesus Garcia. (Attachments: #1 Statement of Facts, #2 Declaration of Jesus Garcia, #3 Declaration of Preston Easley, #4 Proof of Service)(Easley, Preston)
October 7, 2015 Filing 91 Joint MOTION to Continue Expert Disclosures and Discovery Completion Date by Jesus Garcia. (Attachments: #1 Declaration)(Easley, Preston)
October 7, 2015 Filing 90 MINUTE ORDER: Defendant National Steel and Shipbuilding Company shall file any response to Defendant United States of Americas Ex Parte Motion to Continue Pursuant to Fed. R. Civ. P. 56(d) #85 on or before October 16, 2015. Other parties shall file any reply on or before October 23, 2015. (no document attached) (smr)
October 6, 2015 Filing 89 NOTICE by National Steel and Shipbuilding Company re #84 MOTION for Summary Judgment Notice of Errata Re: ECF No. 84-2 (Attachments: #1 Statement of Facts)(Thames, Jonathan)
October 6, 2015 Filing 88 NOTICE of Joinder by Oilkleen, Inc. (Attachments: #1 Proof of Service)(Eilert, Anita)
October 5, 2015 Filing 87 NOTICE of Joinder by American Systems Corporation re #85 Ex Parte MOTION to Continue Pursuant to Fed.R.Civ.P. 56(d) (Lucas, Stephen)
October 5, 2015 Filing 86 NOTICE of Joinder by Jesus Garcia re #85 Ex Parte MOTION to Continue Pursuant to Fed.R.Civ.P. 56(d) by Defendant United States of America (Attachments: #1 Proof of Service)(Easley, Preston)
October 2, 2015 Filing 85 Ex Parte MOTION to Continue Pursuant to Fed.R.Civ.P. 56(d) by United States of America. (Attachments: #1 Declaration of Vickey L. Quinn, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Quinn, Vickey)
September 29, 2015 Filing 84 MOTION for Summary Judgment by National Steel and Shipbuilding Company. (Attachments: #1 Memo of Points and Authorities, #2 Statement of Facts, #3 Declaration, #4 Declaration, #5 Exhibit, #6 Declaration, #7 Exhibit, #8 Proof of Service)(Thames, Jonathan)
September 24, 2015 Opinion or Order Filing 83 ORDER denying #82 Joint Motion to Continue Expert Disclosures and Discovery Completion Date. Signed by Magistrate Judge Jill L. Burkhardt on 9/23/2015. (kcm)
September 21, 2015 Filing 82 Joint MOTION to Continue Expert Disclosures and Discovery Completion Date by Jesus Garcia. (Attachments: #1 Proof of Service)(Easley, Preston) (kcm).
August 21, 2015 Opinion or Order Filing 81 ORDER Granting Joint Motion And Entering The Parties' Agreed Upon PROTECTIVE ORDER (Re Dkt #79 ). Signed by Magistrate Judge Jill L. Burkhardt on 8/21/2015. (mdc)
August 18, 2015 Filing 80 NOTICE of Change of Address by Frank C Brucculeri (Brucculeri, Frank)
August 18, 2015 Filing 79 Joint MOTION for Protective Order by United States of America. (Quinn, Vickey) (mdc)
August 7, 2015 Filing 78 ANSWER to #77 Amended Complaint, (Fourth), CROSSCLAIM against National Steel and Shipbuilding Company, Oilkleen, Inc. by United States of America.(Quinn, Vickey) Modified on 8/10/2015 - Summons was not issued on crosslclaim; certificate of service included in this filing. (mdc)
July 27, 2015 Filing 77 AMENDED COMPLAINT with Jury Demand Fourth Amended Complaint for Damages and Demand For Jury Trial against All Defendants, filed by Jesus Garcia. (Attachments: #1 Proof of Service) (Easley, Preston) Modified on 7/28/2015 - No new parties are named; no summons was requested; no summons was issued on this amended complaint. (mdc)
July 22, 2015 Opinion or Order Filing 76 ORDER: Plaintiff's Motion to Amend Case Management Conference Order and Motion for Leave to File Fourth Amended Complaint for Damages and Demand for Jury Trial (Dkt #73 ) is granted. The Case Management Conference Order (Dkt #39 ) is amended to extend the deadline to file "[a]ny motion to join other parties, to amend the pleadings, or to file additional pleadings" from 5/15/2015 to 7/31/2015. Plaintiff shall file the proposed Fourth Amended Complaint no later than 7/31/2015. Signed by Judge William Q. Hayes on 7/22/2015. (mdc)
June 29, 2015 Filing 75 RESPONSE - Originally e-filed as NON Opposition re #73 MOTION for Leave to File Fourth Amended Complaint filed by United States of America. (Quinn, Vickey) Modified on 6/30/2015 to add "Response" to docket text. (mdc)
June 23, 2015 Opinion or Order Filing 74 ORDER (1) Granting #72 Defendant's Ex Parte Motion to Continue Dates; and (2) Amending Scheduling Order. Mandatory Settlement Conference reset for 1/13/2016 09:00 AM before Magistrate Judge Jill L. Burkhardt. Proposed Pretrial Order due by 5/13/2016. Final Pretrial Conference reset for 5/20/2016 11:00 AM before Judge William Q. Hayes. Signed by Magistrate Judge Jill L. Burkhardt on 6/23/2015. (jao)
June 10, 2015 Filing 73 MOTION for Leave to File Fourth Amended Complaint by Jesus Garcia. (mdc) (Additional attachment(s) added on 6/12/2015: #1 Exhibit Fourth Amended Complaint for Damages and Demand for Jury Trial, #2 Memo of Points and Authorities, #3 Exhibit 1, #4 Proof of Service) (mdc).
June 10, 2015 Filing 73 MOTION to Amend/Correct Case Management Conference Order and Motion for Leave to File Fourth Amended Complaint for Damages and Demand for Jury Trial by Jesus Garcia. (Attachments: #1 Exhibit Fourth Amended Complaint for Damages and Demand for Jury Trial, #2 Memo of Points and Authorities, #3 Exhibit Exhibit 1, #4 Proof of Service)(Easley, Preston). Added MOTION for Leave to File Fourth Amended Complaint on 6/12/2015. (mdc)
June 5, 2015 Filing 72 MOTION to Continue Dates set forth in February 2, 2015 Scheduling Order by American Systems Corporation. (Attachments: #1 Declaration)(Lucas, Stephen) (mdc)
June 5, 2015 Filing 71 ANSWER to #66 Amended Complaint by American Systems Corporation.(Lucas, Stephen)Attorney Stephen D Lucas added to party American Systems Corporation(pty:dft) (mdc)
May 26, 2015 Filing 70 ANSWER to #66 Amended Complaint (Third), CROSSCLAIM against National Steel and Shipbuilding Company, Oilkleen, Inc. by United States of America.(Quinn, Vickey) Modified on 5/27/2015 - No new parties added in crossclaim; summons was not requested; summons was not issued on the crossclaim. (mdc)
May 18, 2015 Opinion or Order Filing 69 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Jill L. Burkhardt Rejecting re Doc. # 68 MOTION to Compel Defendant National Steel and Shipbuilding Company to Answer Interrogatories, from Plaintiff Jesus Garcia. Non-compliance with local rule(s), Failure to comply with Judge Burkhardt's Civil Chambers Rules regarding discovery disputes. Leave has not been granted to file motion to compel. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Magistrate Judge Jill L. Burkhardt on 5/15/2015. (mdc) (Additional attachment(s) added on 5/18/2015: #1 Stricken Document) (mdc).
May 15, 2015 Filing 68 *** STRICKEN PER ORDER (DOC. #69 ) *** - MOTION to Compel Defendant National Steel and Shipbuilding Company to Answer Interrogatories by Jesus Garcia. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Exhibit, # 4 Proof of Service)(Easley, Preston) (mdc) Modified on 5/18/2015 - Edited docket text to indicate stricken status; removed original image. (mdc)
May 14, 2015 Filing 67 Summons Issued on the Third Amended Complaint (Doc. #66 ). Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P. and LR 4.1. (mdc)
May 12, 2015 Filing 66 AMENDED COMPLAINT with Jury Demand Third Amended Complaint for Damages; Demand For Jury Trial against All Defendants, filed by Jesus Garcia.New Summons Requested. (Easley, Preston) Modified on 5/13/2015 - Summons to be issued. (mdc)
May 12, 2015 Opinion or Order Filing 65 ORDER: Plaintiff's Motion to Amend Case Management Conference Order and Motion for Leave to File Third Amended Complaint (Doc. #55 ) is granted. The Case Management Conference Order (Doc. #39 ) is amended to extend the deadline to file "[a]ny motion to join other parties, to amend the pleadings, or to file additional pleadings" from 12/15/2014 to 5/15/2015. Plaintiff shall file the proposed Third Amended Complaint no later than 5/15/2015. Signed by Judge William Q. Hayes on 5/12/2015. (mdc)
May 4, 2015 Filing 64 RESPONSE re #63 Objection to Magistrate Judge's Order [Docket No. 61] filed by United States of America. (Attachments: #1 Declaration of Vickey L. Quinn)(Quinn, Vickey) (mdc)
April 24, 2015 Filing 63 OBJECTION by Jesus Garcia re #61 Order, to Strike Errata Sheets. (Attachments: #1 Proof of Service)(Easley, Preston) (mdc)
April 22, 2015 Filing 62 REPLY to Response to Motion re #55 MOTION to Amend/Correct Case Management Conference Order and Motion for Leave to File Third Amended Complaint for Damages and Demand for Jury Trial filed by Jesus Garcia. (Attachments: #1 Proof of Service)(Easley, Preston) (mdc)
April 17, 2015 Opinion or Order Filing 61 ORDER ON DISCOVERY DISPUTE (Re Doc. # 58): For the reasons set forth and on the record at the 4/9/2015 discovery conference, Defendant United States of America's oral motion to strike Plaintiff's errata sheets was granted. The Court deems Plaintiff's errata sheets inadmissible for all further proceedings. Signed by Magistrate Judge Jill L. Burkhardt on 4/17/2015. (Attachments: #1 Exhibit A) (mdc)
April 16, 2015 Filing 59 RESPONSE in Opposition re #55 MOTION to Amend/Correct Case Management Conference Order and Motion for Leave to File Third Amended Complaint for Damages and Demand for Jury Trial filed by United States of America. (Quinn, Vickey) (mdc)
April 15, 2015 Opinion or Order Filing 60 ORDER Dismissing Ameri-Force, Inc. Without Prejudice. Signed by Judge William Q. Hayes on 4/15/2015. (mdc)
April 9, 2015 Filing 58 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: a telephonic Discovery Conference was held on 4/9/2015. Written order to follow. (CD# 4/9/2015 JLB15-8:00). (Plaintiff Attorney Timothy Ramsay). (Defendant Attorney Vickey L. Quinn; Jonathan Will Thames; Valerie Garcia Hong; Anita M. Eilert). (no document attached) (jeb)
April 9, 2015 Filing 57 NOTICE of Appearance by Preston Warham Easley, Jr on behalf of Jesus Garcia (Attachments: #1 Proof of Service)(Easley, Preston) (mdc)
April 3, 2015 Opinion or Order Filing 56 MINUTE ORDER: The Court schedules a telephonic Discovery Conference for 4/9/2015 at 03:00 PM. By Magistrate Judge Jill L. Burkhardt on 4/3/2015. (mdc)
March 31, 2015 Filing 55 MOTION to Amend/Correct Case Management Conference Order and Motion for Leave to File Third Amended Complaint for Damages and Demand for Jury Trial by Jesus Garcia. (Attachments: #1 Exhibit, #2 Memo of Points and Authorities, #3 Declaration, #4 Proof of Service)(Easley, Preston) (mdc)
March 26, 2015 Opinion or Order Filing 54 ORDER: The unopposed Motion for Leave to File Third Amended Complaint (Doc. #50 ) is denied without prejudice. Signed by Judge William Q. Hayes on 3/26/2015. (mdc)
March 26, 2015 Filing 53 Minute Order for proceedings held before Magistrate Judge Jill L. Burkhardt: Having received a voicemail from counsel for Defendant United States of America representing that the parties have met and conferred and are requesting a court conference to discuss a discovery dispute, the parties are directed that on or before 3/30/2015 they shall LODGE with efile_Burkhardt@casd.uscourts.gov an integrated, joint letter brief not to exceed 5 pages that explains the dispute and sets forth each party's position. Counsel shall also provide mutually agreeable dates and times for a discovery conference between 3/31/2015 and 4/10/2015, should one be requested by the Court. (no document attached) (smm)
March 9, 2015 Filing 52 NON Opposition re #50 MOTION to Amend/Correct for Leave to File Third Amended Complaint for Damages and Demand for Jury Trial filed by Oilkleen, Inc.. (Attachments: #1 Proof of Service)(Eilert, Anita). (jah).
March 9, 2015 Filing 51 RESPONSE to Motion re #50 MOTION to Amend/Correct For Leave to File Third Amended Complaint for Damages and Demand for Jury Trial filed by United States of America. (Quinn, Vickey) (jao).
February 23, 2015 Filing 50 MOTION to Amend/Correct For Leave to File Third Amended Complaint for Damages and Demand for Jury Trial by Jesus Garcia. (Attachments: #1 Exhibit Third Amended Complaint for Damages; Demand for Jury Trial, #2 Memo of Points and Authorities, #3 Proof of Service)(Easley, Preston) (dls).
February 12, 2015 Filing 49 SUPPLEMENTAL DOCUMENT by National Steel and Shipbuilding Company Stipulation of Dismissal. (Hong, Valerie)
February 5, 2015 Opinion or Order Filing 48 ORDER (1) Granting In Part Joint Motion; And (2) Amending Scheduling Order (Re Docs. #39 , #47 ): All motions, other than motions to amend or join parties, or motions in limine, shall be filed on or before 9/29/2015. A Mandatory Settlement Conference is set for 9/14/2015 at 09:00 AM in the chambers of Magistrate Judge Jill L. Burkhardt. The Proposed Final Pretrial Conference Order is due by 1/29/2016. The Final Pretrial Conference is set for 2/5/2016 at 11:00 AM before Judge William Q. Hayes. Signed by Magistrate Judge Jill L. Burkhardt on 2/5/2015. (mdc)
February 3, 2015 Filing 47 Joint MOTION to Continue Expert Reports; Discovery Cutoff Date; and Mandatory Settlement Conference by Jesus Garcia. (Attachments: #1 Declaration of Preston Easley Re Requested Continuances, #2 Proof of Service)(Easley, Preston)
January 29, 2015 Opinion or Order Filing 46 ORDER Denying Without Prejudice Joint Motion To Continue Expert Reports And Discovery Cutoff Date (Re Doc. #44 ). Signed by Magistrate Judge Jill L. Burkhardt on 1/29/2015. (mdc)
January 26, 2015 Filing 45 NOTICE of Appearance by Jonathan Will Thames on behalf of National Steel and Shipbuilding Company (Thames, Jonathan)Attorney Jonathan Will Thames added to party National Steel and Shipbuilding Company(pty:dft) (mdc)
January 26, 2015 Filing 44 MOTION to Continue Expert Reports and Discovery Cutoff Date by Jesus Garcia. (Easley, Preston) (mdc)
November 24, 2014 Filing 43 First Amended ANSWER to #26 Answer to Amended Complaint, Crossclaim,, by Ameri-Force, Inc. (Attachments: #1 Proof of Service)(Aghabeg, Dena) (srm).
November 10, 2014 Filing 42 NOTICE by Oilkleen, Inc. re: Change of Contact Information (Attachments: #1 Proof of Service)(Eilert, Anita) (mdc)
November 3, 2014 Filing 41 NOTICE of Party With Financial Interest by Ameri-Force, Inc. re #40 Answer to Crossclaim (Aghabeg, Dena) (mdc)
November 3, 2014 Filing 40 ANSWER to #26 Answer to Amended Complaint, Crossclaim,, by Ameri-Force, Inc..(Aghabeg, Dena)Attorney Dena S Aghabeg added to party Ameri-Force, Inc.(pty:crd) (mdc)
October 31, 2014 Opinion or Order Filing 39 CASE MANAGEMENT CONFERENCE ORDER Regulating Discovery And Other Pretrial Proceedings: A Case Management Conference was held on 10/31/2014. Any motion to join other parties, to amend the pleadings, or to file additional pleadings shall be filed on or before 12/15/2014. All motions, other than motions to amend or join parties, or motions in limine, shall be filed on or before 7/29/2015. A Mandatory Settlement Conference is set for 7/15/2015 at 08:30 AM in the chambers of Magistrate Judge Jill L. Burkhardt. The Proposed Final Pretrial Conference Order is due by 11/25/2015. The Final Pretrial Conference is set for 12/4/2015 at 11:00 AM before Judge William Q. Hayes. Signed by Magistrate Judge Jill L. Burkhardt on 10/31/2014. (mdc)
October 31, 2014 Filing 38 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: a telephonic Case Management Conference was held on 10/31/2014. Order to follow. (Plaintiff Attorney Preston Warham Easley, Jr.). (Defendant Attorney Vickey L. Quinn; Valerie Garcia Hong; Anita M Eilert; Jennifer Kim). (no document attached) (jeb)
October 17, 2014 Opinion or Order Filing 37 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Jill L. Burkhardt Rejecting re Doc. # 36 Report of Rule 26(f) Planning Meeting, from Plaintiff Jesus Garcia. Non-compliance with local rule(s), Filed without leave of court. Discovery, including written disclosures, should not be filed on the docket. The parties are directed to lodge their joint discovery plan by email to Judge Burkhardt's efile address. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Magistrate Judge Jill L. Burkhardt on 10/17/2014. (mdc) (Additional attachment(s) added on 10/17/2014: #1 Rejected Document.) (mdc)
October 16, 2014 Filing 36 *** STRICKEN PER ORDER (DOC. #37 ) *** - REPORT of Rule 26(f) Planning Meeting. (Easley, Preston) (mdc) Modified on 10/17/2014 to indicate stricken status and remove image. (mdc)
September 23, 2014 Opinion or Order Filing 35 ORDER Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance And NOTICE Of Case Management Conference: On 9/22/2014, the Court held an Early Neutral Evaluation Conference. The case did not settle. A Case Management Conference is set for 10/31/2014 at 02:00 PM. The conference shall be telephonic, with attorneys only. Signed by Magistrate Judge Jill L. Burkhardt on 9/23/2014. (mdc)
September 22, 2014 Filing 34 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: an Early Neutral Evaluation Conference was held on 9/22/2014. The case did not settle. Order to follow. (Plaintiff Attorney Preston Warham Easley, Jr.). (Defendant Attorney Vickey L. Quinn; Douglas A Pettit; Frank C Brucculeri; James Aleccia). (no document attached) (jeb)
September 2, 2014 Filing 33 ANSWER to #32 Answer to Crossclaim, Counterclaim by National Steel and Shipbuilding Company. (Attachments: #1 Proof of Service Proof of Service)(Hong, Valerie) (mdc)
August 28, 2014 Filing 32 ANSWER to #26 Answer to Amended Complaint, Crossclaim,, , COUNTERCLAIM against National Steel and Shipbuilding Company by Oilkleen, Inc.. (Attachments: #1 Proof of Service)(Eilert, Anita) (rlu).
August 28, 2014 Filing 31 ANSWER to #28 Amended Answer to Complaint, Counterclaim,, Answer to OILKLEEN, INC'S Counterclaim by United States of America.(Quinn, Vickey) (sjt).
August 26, 2014 Filing 30 MINUTE ORDER: The Joint Motion for Extension of Time #29 is GRANTED. Ameri-Force, Inc. shall file a response to NASSCOs Cross-Claim on or before November 3, 2014. Judge William Q. Hayes on 8/26/2014. (no document attached) (smr)
August 25, 2014 Filing 29 Joint MOTION for Extension of Time to File Response/Reply as to #26 Answer to Amended Complaint, Crossclaim,, by National Steel and Shipbuilding Company. (Hong, Valerie) (mdc)
August 21, 2014 Filing 28 FIRST AMENDED ANSWER to United States of America's Cross Claim against Oilkleen, Inc. #17 , COUNTERCLAIM against United States of America by Oilkleen, Inc. (Attachments: #1 Proof of Service)(Eilert, Anita) qc mail sent re double captions (kas).
August 11, 2014 Opinion or Order Filing 27 ORDER Granting Ex Parte Motion To Continue Early Neutral Evaluation (Re Doc. #25 ): The Early Neutral Evaluation Conference is continued to 9/22/2014 at 02:00 PM. Signed by Magistrate Judge Jill L. Burkhardt on 8/11/2014. (mdc)
August 11, 2014 Filing 26 NASSCO's ANSWER to #7 Amended Complaint, , CROSSCLAIM against Ameri-Force, Inc. and Signal Mutual Indemnity Association, Oilkleen, Inc. by National Steel and Shipbuilding Company.(Hong, Valerie) Modified on 8/11/2014 - No summons was issued for the Crossclaim as all parties were electronically served. (mdc)
August 6, 2014 Filing 25 Ex Parte MOTION (Application) to Continue Early Neutral Evaluation Conf. by National Steel and Shipbuilding Company. (Attachments: #1 Declaration)(Hong, Valerie) Modified on 8/7/2014 - Added "Application" to text/motion text. (mdc)
August 5, 2014 Filing 24 AMENDED ANSWER to Def/CC USA's Cross-Claims #17 Answer to Amended Complaint, Crossclaim, by National Steel and Shipbuilding Company. (Hong, Valerie) (mdc)
August 5, 2014 Filing 23 NOTICE by National Steel and Shipbuilding Company re #22 Answer to Crossclaim, Counterclaim Notice of Withdrawal (Hong, Valerie) (mdc)
August 4, 2014 Filing 22 *** WITHDRAWN PER DOC. #23 *** - Def./X-Def NASSCO's ANSWER to #17 Answer to Amended Complaint, Crossclaim,, , COUNTERCLAIM against United States of America by National Steel and Shipbuilding Company.(Hong, Valerie) Modified on 8/5/2014 to indicate withdrawn status. (mdc)
August 1, 2014 Filing 21 ANSWER to #17 Answer to Amended Complaint, Crossclaim,, by Oilkleen, Inc.. (Attachments: #1 Proof of Service)(Eilert, Anita) (cxl).
July 28, 2014 Opinion or Order Filing 20 ORDER: The Motion to Dismiss is denied. (Doc. #8 ). Signed by Judge William Q. Hayes on 7/28/2014. (mdc)
July 23, 2014 Opinion or Order Filing 19 NOTICE AND ORDER For Early Neutral Evaluation Conference: An Early Neutral Evaluation is set for 8/18/2014 at 02:00 PM in the Chambers of Magistrate Judge Jill L. Burkhardt, 221 West Broadway, Suite 5140, San Diego. Signed by Magistrate Judge Jill L. Burkhardt on 7/23/2014. (mdc)
July 14, 2014 Filing 18 REPLY to Response to Motion re #8 MOTION to Dismiss for Failure to State a Claim for Punitive Damages filed by National Steel and Shipbuilding Company. (Hong, Valerie)
July 14, 2014 Filing 17 ANSWER to #7 Amended Complaint, (Second), CROSSCLAIM against National Steel and Shipbuilding Company, Oilkleen, Inc. by United States of America.(Quinn, Vickey)Attorney Vickey L. Quinn added to party United States of America(pty:dft) (mdc) Modified on 7/16/2014 - No summons was issued on Crossclaim, per filing atty. (mdc)
July 3, 2014 Filing 16 NOTICE of Appearance by Anita M Eilert on behalf of Oilkleen, Inc. (Attachments: #1 Proof of Service)(Eilert, Anita)Attorney Anita M Eilert added to party Oilkleen, Inc. (pty:dft)
July 2, 2014 Filing 15 RESPONSE in Opposition re #8 MOTION to Dismiss for Failure to State a Claim for Punitive Damages Plaintiff's Opposition To Defendant National Steel And Shipbuilding Company's Motion to Dismiss Second Amended Complaint For Failure To State A Claim For Punitive Damages filed by Jesus Garcia. (Attachments: #1 Proof of Service)(Easley, Preston) (rlu).
June 23, 2014 Filing 14 NOTICE of Party With Financial Interest by Oilkleen, Inc. (Attachments: #1 Proof of Service)(Brucculeri, Frank)
June 23, 2014 Filing 13 ANSWER to #7 Amended Complaint, by Oilkleen, Inc.. (Attachments: #1 Proof of Service)(Brucculeri, Frank)Attorney Frank C Brucculeri added to party Oilkleen, Inc. (pty:dft)
June 12, 2014 Filing 12 NOTICE by Ameri-Force, Inc. and Signal Mutual Indemnity Association Notice of Lien (Aleccia, James)Attorney James Aleccia added to party Ameri-Force, Inc. and Signal Mutual Indemnity Association(pty:misc)
June 12, 2014 Filing 11 NOTICE of Appearance by Douglas A Pettit on behalf of National Steel and Shipbuilding Company (Pettit, Douglas)Attorney Douglas A Pettit added to party National Steel and Shipbuilding Company(pty:dft)
June 12, 2014 Filing 10 NOTICE of Appearance by Valerie Garcia Hong on behalf of National Steel and Shipbuilding Company (Hong, Valerie)
June 12, 2014 Filing 9 Corporate Disclosure Statement by National Steel and Shipbuilding Company identifying Corporate Parent General Dynamics Corporation, Corporate Parent General Dynamics Corporation for National Steel and Shipbuilding Company.. (Hong, Valerie)
June 12, 2014 Filing 8 MOTION to Dismiss for Failure to State a Claim for Punitive Damages by National Steel and Shipbuilding Company. (Attachments: #1 Memo of Points and Authorities, #2 Proposed Order)(Hong, Valerie)Attorney Valerie Garcia Hong added to party National Steel and Shipbuilding Company(pty:dft)
May 27, 2014 Filing 7 SECOND AMENDED COMPLAINT with Jury Demand Second Amended Complaint For Damages; Demand For Jury Trial against All Defendants, filed by Jesus Garcia. (Easley, Preston) Modified on 5/28/2014 - Added "Second" to beginning of text; no new parties added; no summons requested; no summons was issued. (mdc)
May 22, 2014 Opinion or Order Filing 6 ORDER: The Ex Parte Motion for Leave to File Second Amended Complaint is granted. (Doc. #5 ). No later than ten (10) days from the date this Order is filed, Plaintiff shall file the proposed second amended complaint which is attached to the Ex Parte Motion as Exhibit 1. (Doc. #5 -1). Signed by Judge William Q. Hayes on 5/22/2014. (mdc)
May 21, 2014 Filing 5 Ex Parte MOTION for Leave to File Second Amended Complaint For Damages; Demand For Jury Trial by Jesus Garcia. (Attachments: #1 Exhibit 1--Second Amended Complaint For Damages; Demand For Jury Trial, #2 Exhibit Two--Order Granting Plaintiff's Ex Parte Motion For Leave To File Second Amended Complaint For Damages And Demand For Jury Trial)(Easley, Preston) (mdc)
May 15, 2014 Filing 4 FIRST AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Jesus Garcia. (Easley, Preston) Modified on 5/16/2014 - Added "First" to text; no new parties added; no summons requested as confirmed with atty's office; no summons was issued. (mdc)
May 13, 2014 Filing 3 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (cxl) (cap).
May 12, 2014 Filing 2 NOTICE of Party With Financial Interest by Jesus Garcia (cxl) (cap).
May 12, 2014 Filing 1 COMPLAINT with Jury Demand against National Steel and Shipbuilding Company, Oilkleen, Inc., United States of America ( Filing fee $ 400 receipt number 0974-7023829.), filed by Jesus Garcia. (Attachments: #1 Civil Cover Sheet)The new case number is 3:14-cv-01192-WQH-JLB. Judge William Q. Hayes and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Easley, Preston)(cxl) (cap).

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Search for this case: Garcia v. United States of America et al
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Defendant: United States of America
Represented By: Vickey L. Quinn
Represented By: U S Attorney CV
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Defendant: National Steel and Shipbuilding Company
Represented By: Jonathan Will Thames
Represented By: Douglas A Pettit
Represented By: Valerie Garcia Hong
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Defendant: Oilkleen, Inc.
Represented By: Frank C Brucculeri
Represented By: Anita M Eilert
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Defendant: American Systems Corporation
Represented By: Stephen D Lucas
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Plaintiff: Jesus Garcia
Represented By: Preston Warham Easley, Jr.
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Claimant: Signal Mutual Indemnity Association
Represented By: James Aleccia
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Cross defendant: Ameri-Force, Inc.
Represented By: Dena S Aghabeg
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