Hangzhou China Textile Import and Export Co., Ltd. v. Playhut, Inc., et al
| Hangzhou China Textile Import and Export Co., Ltd. |
| Playhut, Inc, Playhut, Inc. and Does 1 through 50, inclusive |
| Steven R. Sauer |
| 2:2017cv00157 |
| January 9, 2017 |
| US District Court for the Central District of California |
| Philip S Gutierrez |
| Gail J Standish |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal -- Other Contract |
| Defendant |
Docket Report
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Filing 40
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #38 filed by Playhut, Inc.. CCA # 18-55654. Appellant has failed to comply with the court's order filed May 30, 2018. Accordingly, this appeal is dismissed. Ninth Cir. Rule 42-1. The parties shall bear their own costs on appeal. This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. (mat)
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| Filing 39 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-55654 assigned to Notice of Appeal to 9th Circuit Court of Appeals #38 as to Defendant Playhut, Inc. (lom) |
| Filing 38 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant Playhut, Inc.. Appeal of Judgment,,,, #36 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-21789401.) (Attachments: #1 Exhibit 1)(Bahadori, Amid) |
| Filing 37 ABSTRACT of Judgment issued in favor of Plaintiff Hangzhou China Textile Import and Export Co., Ltd. and against Playhut, Inc. in the principal amount of $ 1,713,017.02, interest in the amount of $ 504,988.03, attorneys fees of $ 0.00, costs of $ 435.00. RE: Judgment #36 (bm) |
| Filing 36 JUDGMENT by Judge Philip S. Gutierrez, in favor of Hangzhou China Textile Import and Export Co., Ltd. against Playhut, Inc.: 1. Plaintiff HANGZHOU CHINA TEXTILE IMPORT AND EXPORT CO., LTD., shall recover from defendant PLAYHUT, INC., the principal amount of $1,713,017.02. 2. Plaintiff HANGZHOU CHINA TEXTILE IMPORT AND EXPORT CO., LTD., shall recover pre-judgment interest from defendant PLAYHUT, INC., at a rate of 10% per annum, for the period from April 29, 2015, through April 4, 2018, in the amount of $502,641.43, and for the period from April 5, 2018 through April 9, 2018, in the amount of $2,346.60. Plaintiff HANGZHOU CHINA TEXTILE IMPORT AND EXPORT CO., LTD., shall also recover its Los Angeles Superior Court filing fee in the amount of $435. 3. Therefore, judgment is hereby awarded in favor of plaintiff HANGZHOU CHINA TEXTILE IMPORT AND EXPORT CO., LTD., against defendant PLAYHUT, INC., including pre-judgment interest and costs, in the total amount of $2,218,440.05. (bm) |
| Filing 35 NOTICE OF LODGING filed re Order, #34 (Attachments: #1 Proposed Order Revised Proposed Judgment)(Scandura, Steven) |
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Filing 34
ORDER GRANTING PRE-JUDGMENT INTEREST by Judge Philip S. Gutierrez: Therefore, it is adjudged that pre judgment interest at a rate of 10 percent per annum from Apri1 29, 2015, through Apri1 4, 2018, totals to $502,641.43, and continues thereafter at a rate of $469.32 per day until entry of judgment. (see document for further details) (bm)
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| Filing 33 NOTICE OF LODGING filed re Order on Motion for Summary Judgment,, #32 (Attachments: #1 Proposed Order Proposed Order Granting Pre-Judgment Interest)(Scandura, Steven) |
| Filing 32 MINUTES (IN CHAMBERS) The Court GRANTS Plaintiff's Motion for Summary Judgment by Judge Philip S. Gutierrez granting #26 for Summary Judgment in favor of Hangzhou China Textile Import and Export Co., Ltd. against Playhut, Inc.: The Court determines that Plaintiff has offered evidence that no dispute of material facts exists as to its first, second, and third causes of action, and Defendant has not opposed. For the foregoing reasons, the Court GRANTS Plaintiffs motion for summary judgment. Judgment is accordingly awarded in favor of Plaintiff in the amount of $1,713,017.02, plus pre-judgment interest. (see document for further details) MD JS-6. Case Terminated. (bm) |
| Filing 31 NOTICE OF LODGING filed per Court's Order re In Chambers Conference,,, #30 (Attachments: #1 Superior Court Complaint)(Scandura, Steven) |
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Filing 30
MINUTES OF [IN CHAMBERS] ORDER TO FILE COMPLAINT WITH THE COURT by Judge Philip S. Gutierrez. Before the Court is Plaintiff and Counter-Defendant Hangzhou China Textile Import and Export Co., Ltd.s (Plaintiff) motion for summary judgment, set for hearing on April 9, 2018. See Dkt. # [26-1] (Mot.). Defendant and Counter-Claimant Playhut, Inc. (Defendant) removed this case from Los Angeles County Superior Court on January 9, 2017, and noted that[a] copy of the Complaint filed in the Stated Court Action is attached hereto as Exhibit A. See Dkt. #1 , Notice of Removal. No exhibits were attached to that filing, however, and the Court to date has no copy of Plaintiffs complaint. Accordingly, the parties are ordered to file a copy of the operative complaint no later than March 22, 2018. IT IS SO ORDERED. Court Reporter: Not Reported. (ab)
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| Filing 29 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendant PLAYHUT, INC., #26 (Attachments: #1 Proposed Order (in the alternative) Proposed Order Granting Partial Summary Judgment)(Scandura, Steven) |
| Filing 28 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendant PLAYHUT, INC., #26 (Attachments: #1 Proposed Order Proposed Judgment)(Scandura, Steven) |
| Filing 27 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendant PLAYHUT, INC., #26 (Attachments: #1 Memorandum Plaintiffs Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion for Summary Judgment Against Defendant Playhut, Inc.)(Scandura, Steven) |
| Filing 26 NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendant PLAYHUT, INC., filed by plaintiff Hangzhou China Textile Import and Export Co., Ltd.. Motion set for hearing on 4/9/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Declaration Declaration of Yu Jia Jiang, #3 Declaration Declaration of Steven P. Scandura) (Scandura, Steven) |
| Filing 25 MEDIATION REPORT Filed by Mediator (ADR Panel) Steven R. Sauer: Mediation held on January 29, 2018. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Killefer, Gail) |
| Filing 24 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Steven R. Sauer has been assigned to serve as Panel Mediator. (mb) |
| Filing 23 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Steven R. Sauer may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 12/20/2017 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiff Hangzhou China Textile Import and Export Co., Ltd.(Scandura, Steven) |
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Filing 22
CIVIL COURT TRIAL ORDER by Judge Philip S. Gutierrez. Final Pretrial Conference set for 4/23/2018 02:30 PM ; Bench Trial set for 5/8/2018 09:00 AM. (ab)
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Filing 21
AMENDED MINUTE ORDER IN CHAMBERS VACATING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez: On the Court's own motion, the Scheduling Conference presently set for September 18, 2017 is VACATED, and the following dates are hereby set. Please review the Court's trial order for further details. Last Day to Add Parties and Amend Pleadings (Doe defendants are dismissed as of cut-off to add parties): 10/18/2017; Discovery Cut-Off: 01/30/2018; Last Day to File Motions: 02/13/2018; Opening Expert Witness Disclosure [See F.R.Civ.P. 26(a)(2)]: 02/06/2018; Rebuttal Expert Witness Disclosure: 03/06/2018; Expert Discovery Cut-Off: 03/27/2018; Final Pretrial Conference (2:30 p.m.): 04/23/2018; Court Trial (9:00 a.m.): 05/08/2018, Estimated Length: 3 Days (bm)
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Filing 20
ORDER/REFERRAL to ADR Procedure No 2 by Judge Philip S. Gutierrez. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be completed no later than March 9, 2018. (ab)
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Filing 19
{STRICKEN} CIVIL JURY TRIAL ORDER by Judge Philip S. Gutierrez. Final Pretrial Conference set for 4/23/2018 02:30 PM ; Jury Trial set for 5/8/2018 09:00 AM. (ab) Modified on 9/19/2017 (ab). ** COURT TRIAL ORDER SENT OUT ON 9/19/17***
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Filing 18
ORDER VACATING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Opening Expert Witness Disclosure: 02/06/18, Rebuttal Expert Witness Disclosure: 03/06/18, Expert Discovery Cut-off: 03/27/18, Trial Estimate: 3 Days. Amended Pleadings due by 10/18/2017. Discovery cut-off 1/30/2018. Motions due by 2/13/2018. Final Pretrial Conference set for 4/23/2018 02:30 PM; Jury Trial set for 5/8/2018 09:00 AM. (ab)
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| Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Report Rule 26(f) #16 . The following error(s) was/were found: Caption of attached document should indicate District Court, not Bankruptcy Court In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) |
| Filing 16 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 days, filed by Plaintiff Hangzhou China Textile Import and Export Co., Ltd... (Scandura, Steven) |
| Filing 15 TEXT ONLY ENTRY: NOTICE TO PARTIES: Effective June 1, 2017, Judge Standish is located at the Edward R. Roybal Federal Building, COURTROOM 640 on the 6th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 640 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY |
| Filing 14 REPLY filed by Plaintiff Hangzhou China Textile Import and Export Co., Ltd. to Answer to Complaint #12 and Counter-Claims (Scandura, Steven) |
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Filing 13
ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 9/18/2017 at 02:00 PM. (ab)
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| Filing 12 ANSWER to Notice of Removal (Attorney Civil Case Opening) #1 JURY DEMAND. filed by Defendant Playhut, Inc..(Bahadori, Amid) |
| Filing 11 CERTIFICATE of Interested Parties filed by Plaintiff Hangzhou China Textile Import and Export Co., Ltd., identifying Xu, Xiao Hua. (Scandura, Steven) |
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Filing 10
MINUTE ORDER IN CHAMBERS Re: Procedural Defects in Defendant's Notice of Removal by Judge Philip S. Gutierrez: Plaintiff must move to remand within 30 days of the filing of the notice of removal if the defects in the notice of removal are procedural and the plaintiff objects. Because this action was removed to federal court on January 9, 2017, Plaintiff must move to remand by February 9, 2017 or those defects are waived. See 28 U.S.C. 1447(c). The Court orders the Court Clerk to promptly serve this Order on all parties. (see document for further details) (bm)
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| Filing 9 NOTICE OF CLERICAL ERROR: document #8 was inadvertently entered in error and will be withdrawn from the case. (ab) Modified on 1/13/2017 (ab). Modified on 1/13/2017 (ab). |
| Filing 8 ***WITHDRAWN***Notice to Parties: ADA Disability Access Litigation. (ab) Modified on 1/13/2017 (ab). |
| Filing 7 NOTICE TO PARTIES by District Judge Phillip S. Gutierrez. Effective December 19, 2016, Judge Gutierrez will be located at the 1st Street Courthouse, COURTROOM 6A on the 6th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 6A of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ab) TEXT ONLY ENTRY |
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Filing 6
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Gail J. Standish. (esa) |
| Filing 3 CIVIL COVER SHEET filed by Defendant Playhut, Inc.. (Bahadori, Amid) |
| Filing 2 CERTIFICATE of Interested Parties filed by Defendant Playhut, Inc., (Bahadori, Amid) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of CA - Los Angeles County, case number KC068838 Receipt No: 0973-19161029 - Fee: $400, filed by Defendant Playhut, Inc.. (Attorney Amid T Bahadori added to party Playhut, Inc.(pty:dft))(Bahadori, Amid) |
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