34 Cabot Holdings, LLC v. Gregory Cargill et al
Plaintiff: 34 Cabot Holdings, LLC
Defendant: Does 1 through 50, inclusive, John Furnari and DOES 1-10
Counter Claimant: Gregory Cargill
Counter Defendant: ROES and BLITZ DIGITAL STUDIOS, LLC, a California limited liability company
Case Number: 2:2017cv08117
Filed: November 7, 2017
Court: US District Court for the Central District of California
Presiding Judge: John A Kronstadt
Referring Judge: Jean P Rosenbluth
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Declaratory Judgement
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 13, 2022 Filing 347 SATISFACTION OF JUDGMENT re Judgment,,, #345 , Order on Motion to Exclude, Order on Motion for Hearing, Order on Motion in Limine to Exclude #339 entered In favor of 34 Cabot Holdings, LLC Against Gregory Cargill of the CONDITIONAL ACKNOWLEDGMENT OF FULL SATISFACTION OF JUDGMENT filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Steinberg, Ira)
May 4, 2022 Opinion or Order Filing 346 (IN CHAMBERS) DECISION FOLLOWING BENCH TRIAL; ORDER RE MOTION RE EXPERT WITNESS ISSUES (DKT. #154 ); MOTION TO EXCLUDE DEFENDANTS' PUTATIVE EXPERT AND/OR PRECLUDE TESTIMONY BEYOND THE SCOPE OF EXPERT REPORT (DKT. #194 ); REQUEST TO EXCLUDE EXHIBITS 65 AND 81 (DKT. #306 ) by Judge John A. Kronstadt. Within 21 days after the issuance of this Order, after meeting and conferring as to a form of judgment, if the parties agree as to the form of the judgment, a proposed judgment, signed as approved as to form by all parties, shall be lodged. If the parties cannot agree on a form of judgment, within the same 21- day period, Plaintiff shall lodge a proposed judgment, and Defendants shall within three days thereafter, file any objections, including a redline that shows the proposed modifications to the form of judgment lodged by Plaintiff. The parties joint and/or respective filings shall also address the appropriate date to be used to calculate prejudgment interest, as well as a basis to keep any portions of this Order under seal. IT IS SO ORDERED. (See document for further details) (yl)
May 4, 2022 Filing 345 JUDGMENT by Judge John A. Kronstadt, in favor of 34 Cabot Holdings, LLC against Gregory Cargill. NOW, THEREFORE, it is hereby ADJUDGED AND DECREED that 34 Cabot shall recover from Defendants, jointly and severally, the net sum of $103,965.42, inclusive of prejudgment interest through September 17, 2021, plus additional prejudgment interest of $19.93710 per day from September 17, 2021 through the date of entry of this Judgment, and post-judgment interest at the legal rate, with each of the Parties to each bear its own respective attorney's fees and costs, and that Defendants, and each of them, shall recover nothing against 34 Cabot in this action after offsetting the amounts set forth above. IT IS SO ORDERED, ADJUDGED AND DECREED. (MD JS-6, Case Terminated). (yl)
May 4, 2022 Opinion or Order Filing 344 ORDER RE NOTICE OF LODGING OF: (1) PROPOSED JUDGMENT; AND (2) PROPOSED REDACTED VERSION OF DECISION FOLLOWING BENCH TRIAL (DKT. #343 )by Judge John A. Kronstadt #343 . Therefore, the relief requested in the Notice is GRANTED. A redacted version of the Decision Following Bench Trial shall be issued on the public docket; provided, however, that this Order is without prejudice to an application by a non-party to unseal all or certain redactions for good cause shown. IT IS SO ORDERED. (yl)
October 29, 2021 Filing 343 NOTICE OF LODGING filed of [Proposed] Judgment, and [Proposed] Redacted Version of Decision Following Bench Trial re Order, #342 (Attachments: #1 Exhibit A - [Proposed] Judgment, #2 Exhibit B - [Proposed] Redacted Version of Decision Following Bench Trial)(Kane, Matthew)
October 12, 2021 Opinion or Order Filing 342 ORDER RE JOINT STIPULATION TO CONTINUE DEADLINE TO FILE PROPOSED JUDGMENT (DKT. #341 ) by Judge John A. Kronstadt, the Stipulation is GRANTED. The deadline to lodge a proposed judgment pursuant to the Court's 9/17/2021 Order is continued to 10/29/2021. By entering into the Stipulation, the parties in no way waive, and fully and expressly reserve, any and all rights, claims, remedies, and defenses they otherwise have or may have in this action. (jp)
October 7, 2021 Filing 341 Joint STIPULATION to Continue Deadline to Lodge Proposed Judgment to Court's Order from October 8, 2021 to October 29, 2021 Re: Order on Motion to Exclude, Order on Motion for Hearing, Order on Motion in Limine to Exclude #339 filed by Plaintiff/Counter-Defendant 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order on Joint Stipulation to Continue Deadline to File Proposed Judgment)(Beverlin, Amy)
September 21, 2021 Filing 340 NOTICE of Change of Attorney Business or Contact Information: for attorney Amy E Beverlin counsel for Plaintiff 34 Cabot Holdings, LLC. Changing McGuireWoods LLP, 1800 Century Park East, 8th Floor, Los Angeles, CA 90067 to Baker & Hostetler LLP, 11601 Wilshire Boulevard, Suite 1400, Los Angeles, CA 90025. Changing abeverlin@mcguirewoods.com to abeverlin@bakerlaw.com. Filed by Plaintiff 34 Cabot Holdings, LLC. (Beverlin, Amy)
September 17, 2021 Filing 339 SEALED - MINUTES (IN CHAMBERS) DECISION FOLLOWING BENCH TRIAL (bm)
August 31, 2021 Filing 338 SEALED DOCUMENT Defendant and Counter-Claimants Gregory Cargill and John Furnari's Closing Brief - Unredacted - Filed Under Seal re Order on Motion for Leave to File Document Under Seal,,, #336 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari.(Steinberg, Ira)
August 30, 2021 Filing 337 SEALED DOCUMENT Plaintiff's Closing Argument Brief re Order on Motion for Leave to File Document Under Seal,,, #336 filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Appendix in Support of Plaintiff's Closing Arguments Brief)(Kane, Matthew)
August 27, 2021 Opinion or Order Filing 336 (IN CHAMBERS) ORDER RE PLAINTIFF'S APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL (DKT. #322 ); DEFENDANTS AND COUNTERCLAIMANTS GREGORY CARGILL AND JOHN FURNARI'S APPLICATION TO FILE CLOSING BRIEF UNDER SEAL (DKT. #320 ) by Judge John A. Kronstadt: The Applications are GRANTED. The parties shall file the materials proposed for redaction under seal in a manner consistent with L.R. 79-5 and the Standing Order (pg. 19-21). (See Civil Minutes for further specifics). (jp)
August 11, 2021 Filing 335 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/18, 19, 23, 30/2020 re Transcript #331 , #334 , #332 , #333 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kielwasser, Anne) TEXT ONLY ENTRY
August 11, 2021 Filing 334 TRANSCRIPT for proceedings held on 11/30/20 - 12:15 p.m.. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/1/2021. Redacted Transcript Deadline set for 9/13/2021. Release of Transcript Restriction set for 11/9/2021. (Kielwasser, Anne)
August 11, 2021 Filing 333 TRANSCRIPT for proceedings held on 11/23/20 - 10 a.m.. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/1/2021. Redacted Transcript Deadline set for 9/13/2021. Release of Transcript Restriction set for 11/9/2021. (Kielwasser, Anne)
August 11, 2021 Filing 332 TRANSCRIPT for proceedings held on 11/19/20 - 11:38 a.m.. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/1/2021. Redacted Transcript Deadline set for 9/13/2021. Release of Transcript Restriction set for 11/9/2021. (Kielwasser, Anne)
August 11, 2021 Filing 331 TRANSCRIPT for proceedings held on 11/18/20 - 12:20 pm. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/1/2021. Redacted Transcript Deadline set for 9/13/2021. Release of Transcript Restriction set for 11/9/2021. (Kielwasser, Anne)
June 3, 2021 Filing 330 Response to Plaintiff & Counter-Defendant 34 Cabot Holdings, LLC's Notice of Supplemental Authority in Further Support of Its Motion in Limine No. 1 Regarding Expert Witness Issues (Dkt. #194) re MOTION IN LIMINE (#1) to Exclude Defendants' Putative Expert and/or Preclude Testimony Beyond the Scope of Expert Report #194 filed by Defendants Gregory Cargill, John Furnari. (Steinberg, Ira)
May 24, 2021 Filing 329 NOTICE of Supplemental Authority in Further Support of Its Motion in Limine No. 1 [Dkt. # 194] filed by Plaintiff and Counter-Defendant 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. (Attachments: #1 Exhibit A)(Ahmadian, Kamran)
February 1, 2021 Filing 328 REPLY filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, DOES 1-10, John Furnari to Miscellaneous Document, #327 , Objection, #326 Reply to Plaintiff and Counter-Defendant 34 Cabot Holdings, LLC's Response to Objections to Appendices in Support of Closing Brief [Docket Nos. 326 and 327] (Steinberg, Ira)
February 1, 2021 Filing 327 34 Cabot Holdings, LLC's Response to Defendants' Objections to Appendix in Support of 34 Cabot's Closing Arguments Brief filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC re: Objection, #326 (Ahmadian, Kamran)
January 27, 2021 Filing 326 OBJECTIONS to Sealed Declaration in SupportDeclaration, #323 Objections to Appendices N-R to Plaintiff's Closing Brief filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, DOES 1-10, John Furnari. (Steinberg, Ira)
January 25, 2021 Filing 325 NOTICE OF ERRATA filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, DOES 1-10, John Furnari. correcting Trial Brief #324 (Attachments: #1 Declaration Exhibit A)(Steinberg, Ira)
January 22, 2021 Filing 324 TRIAL BRIEF Redacted Closing Brief filed by Defendants and Counter Claimants Gregory Cargill, John Furnari.. (Fishelman, Lauren)
January 22, 2021 Filing 323 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Closing Arguments Brief and Appendix of Exhibits under seal #322 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Unredacted Document 34 Cabot Holdings, LLC's Closing Arguments Brief, #2 Unredacted Document Appendix of Exhibits in support of 34 Cabot Holding, LLC's Closing Arguments Brief)(Ahmadian, Kamran)
January 22, 2021 Filing 322 APPLICATION to file document Closing Arguments Brief and Appendix of Exhibits under seal filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order, #2 Redacted Document 34 Cabot Holding, LLC's Closing Arguments Brief, #3 Redacted Document Appendix in Support of Closing Arguments Brief)(Ahmadian, Kamran)
January 22, 2021 Filing 321 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Closing Brief under seal #320 filed by Defendants Gregory Cargill, John Furnari. (Attachments: #1 Unredacted Document Closing Brief)(Steinberg, Ira)
January 22, 2021 Filing 320 APPLICATION to file document Closing Brief under seal filed by Defendants Gregory Cargill, John Furnari. (Attachments: #1 Redacted Document Closing Brief, #2 Proposed Order)(Steinberg, Ira)
December 21, 2020 Filing 319 RESPONSE TO DEFENDANTS' OBJECTIONS TO THE REPLY DECLARATION OF BETHANY G. LUKITSCH re REQUEST to Exclude Exhibits 65 and 81 #306 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Ahmadian, Kamran)
December 18, 2020 Filing 318 OBJECTIONS TO THE REPLY DECLARATION OF BETHANY G. LUKITSCH [Dkt. No. 317] re: REQUEST to Exclude Exhibits 65 and 81 #306 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Attachments: #1 [Proposed] Order Granting Defendants and Counter-Claimants' Objections to Reply Declaration of Bethany G. Lukitsch [Dkt. No. 317])(Fishelman, Lauren)
December 16, 2020 Filing 317 REPLY in Support of Motion to Exclude Exhibits 65 and 81 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Response to Defendants' Objections to Evidence in Support of Opposition To Plaintiff's Motion to Exclude Exhibits 65 and 81)(Ahmadian, Kamran)
December 11, 2020 Filing 316 Objection Opposition re: REQUEST to Exclude Exhibits 65 and 81 #306 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, DOES 1-10, John Furnari. (Steinberg, Ira)
December 11, 2020 Filing 315 to Plaintiff's Motion to Exclude Exhibits 65 and 81 [Docket 306] Opposition re: REQUEST to Exclude Exhibits 65 and 81 #306 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, DOES 1-10, John Furnari. (Attachments: #1 Declaration of Ira M. Steinberg ISO Oppo, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Steinberg, Ira)
November 30, 2020 Filing 314 5th Day Completed by jury verdict/submitted to Court before Judge John A. Kronstadt: Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff(s) rest. Defendant(s) rest. Filed Witness and Exhibit Lists. Briefs to be filed by 1/22/2021 no later than noon. Case submitted. The parties briefs shall not exceed 35 pages in lenght. Defendant's opposition to plaintiff's Motion to Exclude Exhibits 65 and 81 shall be filed no later than noon on 12/11/202. Plaintiff's reply shall be filed no later than noon on 12/16/2020. Court Reporter: Lisa Gonzalez; Anne Kielwasser. (jp)
November 30, 2020 Filing 306 REQUEST to Exclude Exhibits 65 and 81 filed by Plaintiff and Counterdefendant 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. (Attachments: #1 Exhibit A to Declaration of Matthew C. Kane, #2 Exhibit B to Declaration of Matthew C. Kane, #3 Exhibits C - L to Declaration of Matthew C. Kane, #4 Exhibits M - P to Declaration of Bethany G. Lukitsch) (Ahmadian, Kamran)
November 29, 2020 Filing 305 STATUS REPORT RE: ADMISSIBILITY OF PROPOSED TRIAL EXHIBITS 65 AND 81 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Attachments: #1 Declaration)(Fishelman, Lauren)
November 24, 2020 Opinion or Order Filing 313 (IN CHAMBERS) ORDER VACATING THE NOVEMBER 24, 2020 TRIAL DATE (DKT. #312 ) by Judge John A. Kronstadt: On the Court's own motion, the November 24, 2020 trial date is VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
November 24, 2020 Filing 304 STATUS REPORT (Joint) filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, DOES 1-10, John Furnari. (Attachments: #1 Proof of Service)(Steinberg, Ira)
November 23, 2020 Filing 312 4th Day Court Trial Held and Continued before Judge John A. Kronstadt: Witnesses called, sworn and testified. Exhibits identified and admitted. Case continued to 11/24/2020 at 10:00 AM., for further trial/further jury deliberation. Court Reporter: Lisa Gonzalez. (jp)
November 22, 2020 Filing 303 Joint Stipulation Re: Admission of Trial Exhibits filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC (Ahmadian, Kamran)
November 20, 2020 Filing 311 3rd Day Court Trial Held and Continued before Judge John A. Kronstadt: Witnesses called, sworn and testified. Exhibits identified and admitted. Case continued to 11/23/2020 at 10:00 AM., for further trial/further jury deliberation. Court Reporter: Lisa Gonzalez. (jp)
November 20, 2020 Filing 302 REQUEST FOR JUDICIAL NOTICE re ASM-APA Schedules filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Fishelman, Lauren)
November 19, 2020 Filing 310 2nd Day Court Trial Held and Continued before Judge John A. Kronstadt: Witnesses called, sworn and testified. Exhibits identified and admitted. Bench Trial set for 11/20/2020 at 9:00 AM., for further trial/further jury deliberation. Court Reporter: Anne Kielwasser. (jp)
November 19, 2020 Filing 301 NOTICE OF LODGING OPENING STATEMENT POWERPOINT PRESENTATION filed by Plaintiff and Counterdefendant 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. (Ahmadian, Kamran)
November 18, 2020 Filing 309 1st Day Court Trial Held and Continued before Judge John A. Kronstadt: Opening statements made by both parties. Witneses called, sworn and testified. Exhibits identified and admitted. Case continued to 11/19/2020 at 11:30 AM., for further Trial/further jury deliberation. Court Reporter: Lisa Gonzalez; Anne Kielwasser. (jp)
November 18, 2020 Filing 300 NOTICE OF LODGING filed by Defendants and Counterclaimants Gregory Cargill and John Furnari re Opening Trial Presentation re Order #10 (Fishelman, Lauren)
November 17, 2020 Filing 299 SEALED- SEALED ORDER RE DEFENDANTS AND COUNTER-CLAIMANTS REFORMATTED OBJECTIONS TO EVIDENCE filed by Plaintiff 34 Cabot Holdings, LLC re: Order, #298 (bm)
November 17, 2020 Opinion or Order Filing 298 REDACTED - ORDER RE DEFENDANTS AND COUNTER-CLAIMANTS' REFORMATTED OBJECTIONS TO EVIDENCE by Judge John A. Kronstadt. Defendants, Counter claimants Gregory Cargill and John Furnari (Defendants) submitted Reformatted Objections to Evidence on October 30, 2020. The Court Rules on the objections. (SEE ORDER FOR SPECIFICS). (jp)
November 17, 2020 Filing 297 MEMORANDUM of Points and Authorities in Support filed by Defendants and Counter-Claimants Gregory Cargill, John Furnari. (Attachments: #1 Declaration of John Furnari In Support of Memorandum of Points and Authorities Re: Existence of Diversity Jurisdiction)(Fishelman, Lauren)
November 17, 2020 Filing 296 SEALED - ORDER RE PLAINTIFF AND COUNTER-DEFENDANT 34 CABOT HOLDINGS, LLC'S EVIDENTIARY OBJECTIONS TO DIRECT TESTIMONY DECLARATION OF GREGORY CARGILL [Dkt. no. 178] (bm)
November 17, 2020 Opinion or Order Filing 295 (IN CHAMBERS) ORDER RE NOTICE OF DISPUTED EXHIBITS (DKT. #187 ); PLAINTIFF 34 CABOT HOLDINGS, LLC'S REFORMATTED NOTICE OF DISPUTED EXHIBITS (DKT. #246 ) by Judge John A. Kronstadt: The Court makes the following rulings with respect to these objections, without prejudice to a reconsideration of them during the trial: Defendants' objection to Trial Exhibit 39 is SUSTAINED, under Fed. R. Evid. 408 because the communications in Exhibit 39 reflect unsuccessful settlement discussions as to the issues now being litigated in this action. Plaintiff's objections to Trial Exhibits 65, 77 and 81 on the basis of lack of foundation are SUSTAINED; Plaintiffs objections to Trial Exhibits 74, 75, 76, 89, 90, 91, 92, 93, 94, 95, 96 and 97 on the grounds of lack of foundation are OVERRULED. Plaintiff s objections to Trial Exhibits 65, 77, 78 and 81 on the grounds of relevancy are OVERRULED. Plaintiff s objections to Exhibits 74, 75, 76, 77, 89, 90, 91, 92, 94, 95, 96, and 97, and as to the portion marked CARGILL001252-1261 in Ex. 93, on the grounds that they are documents that were not timely produced during discovery are SUSTAINED; provided, however, this is without prejudice to a request to reconsider based on evidence showing that one or more was timely produced during discovery. Plaintiff s objections on the grounds of improper parol evidence are reserved until trial. (SEE CIVIL MINUTES FOR FURTHER SPECIFICS). (jp)
November 17, 2020 Filing 294 Witness List filed by Defendants and Counter-Claimants Gregory Cargill, John Furnari.. (Fishelman, Lauren)
November 17, 2020 Filing 293 NOTICE OF LODGING filed by Defendants and Counterclaimants Gregory Cargill and John Furnari re Order #10 (Fishelman, Lauren)
November 17, 2020 Filing 292 NOTICE OF LODGING DEPOSITION TRANSCRIPTS filed by Plaintiff and Counterdefendant 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. (Ahmadian, Kamran)
November 16, 2020 Filing 308 MINUTES OF STATUS CONFERENCE (DKT. 290) held before Judge John A. Kronstadt: The hearing is held telephonically. Counsel, the Court, and court staff all appear in that manner. Recording or re-broadcasting of the proceedings is strictly prohibited. Counsel address the Court. Witness, Dean Shalit will be excluded from the cross-examination of Ivan Todorov. On the Court's own motion, the bench trial is continued to November 18, 2020 at 9:00 a.m. Court Reporter: Lisa Gonzalez. (bm)
November 16, 2020 Filing 291 AMENDED DOCUMENT filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. Amendment to Witness List #193 First Amended Witness List (Ahmadian, Kamran)
November 13, 2020 Opinion or Order Filing 290 (IN CHAMBERS) ORDER SETTING FURTHER STATUS CONFERENCE by Judge John A. Kronstadt: A further telephonic status conference is set for Monday, November 16, 2020, at 2:30 p.m. The Deputy Clerk will email telephonic instructions to counsel of record.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pm) TEXT ONLY ENTRY
November 9, 2020 Filing 307 MINUTES OF STATUS CONFERENCE (DKT. 290) held before Judge John A. Kronstadt: The hearing is held telephonically. Counsel, the Court, and court staff all appear in that manner. Recording or re-broadcasting of the proceedings is strictly prohibited. Counsel address the Court regarding trial logistics. Court Reporter: Lisa Gonzalez. (bm)
November 5, 2020 Filing 289 (Swearingen, James)
November 4, 2020 Opinion or Order Filing 288 (IN CHAMBERS) ORDER CHANGING THE TIME FOR TELEPHONIC STATUS CONFERENCE (DKT. #287 by Judge John A. Kronstadt: On the Court's own motion, the TIME for the telephonic status conference set for November 9, 2020 is changed from 1:30 p.m. to 11:00 a.m. The Deputy Clerk will email telephonic instructions to counsel of record on or before Friday, November 6, 2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
October 30, 2020 Opinion or Order Filing 287 (IN CHAMBERS) ORDER RE EX PARTE APPLICATION to WITHDRAW CLAIMS (DKT. #281 );OBJECTIONS TO DEFENDANTS' TRIAL BRIEF (DKT. #258 ); ORDER SETTING FURTHER STATUS CONFERENCE by Judge John A. Kronstadt: The Application is GRANTED, and Defendant, Counter claimants may withdraw the three factual claims, which will not be presented at the upcoming trial. This ruling is without prejudice to a proffer of evidence by Plaintiff at trial as to any or all of these claims, based on a showing that such evidence is admissible as relevant to another issue in this matter that is being tried (Fed. R. Evid. 402) and should not be excluded pursuant to Fed. R. Evid. 403. These Objections are MOOT. With respect to the other Objections, the propriety of the legal arguments can be considered in connection with the post-trial briefing. A further telephonic status conference is set for 11/9/2020, at 1:30 PM. Counsel will be provided with call-in information by the Clerk. (See Civil Minutes for further specifics). (jp)
October 30, 2020 Filing 286 SEALED DOCUMENT Reformatted Objections to Evidence re Sealed Document,, #234 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,, #220 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Attachments: #1 Proposed Order Granting Defendants' and Counter-Claimants' Reformatted Objections to Evidence)(Fishelman, Lauren)
October 30, 2020 Filing 285 OBJECTIONS to Sealed Document,, #234 Reformatted Objections to Evidence filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Attachments: #1 Proposed Order Granting Defendants' and Counter-Claimants' Reformatted Objections to Evidence)(Fishelman, Lauren)
October 28, 2020 Opinion or Order Filing 284 (IN CHAMBERS) ORDER RE DEFENDANTS OBJECTIONS TO EVIDENCE by Judge John A. Kronstadt: Defendants' Objections to Evidence (Dkts. #183 , #184 ), which are as to portions of Plaintiff's direct testimony declarations, have not been formatted as required by the Standing Order. It requires that the left column of the objections include, in its entirety, every paragraph of the declaration or deposition, whether or not there is an objection as to every one, with any portions to which objections are made highlighted, underlined, and/or bracketed (including page and line number, if applicable). The center column states the basis for each objection, and the right column provides boxes in which the rulings can be entered. Each objection is also to be numbered. The Objections submitted by Defendants satisfy the requirements as to the center and right columns, but not those as the left column because the entirety of each paragraph of the declaration has not been provided. Defendants shall submit a revised set of Objections on or before October 30, 2020. Pursuant to the prior Order (Dkt. #220 ), these Objections may be filed under seal. Defendants shall file an unredacted copy under seal and a redacted copy on the publicly available docket. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pm) TEXT ONLY ENTRY
October 27, 2020 Filing 283 REPLY in support of EX PARTE APPLICATION to Withdraw claims #281 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Fishelman, Lauren)
October 27, 2020 Filing 282 Opposition re: EX PARTE APPLICATION to Withdraw claims #281 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Ahmadian, Kamran)
October 26, 2020 Filing 281 EX PARTE APPLICATION to Withdraw claims filed by Defendants and Counter Claimants Gregory Cargill, John Furnari. (Attachments: #1 Declaration of Ira Steinberg ISO Defendants' Ex Parte Application to Withdraw Claims, #2 Exhibit A to F to Declaration of Ira M. Steinberg, #3 Proposed Order Granting Defendants' Ex Parte Application to Withdraw Claims) (Fishelman, Lauren)
October 14, 2020 Filing 280 Notice of Appearance or Withdrawal of Counsel: for attorney Lauren Rose Fishelman counsel for Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. Adding Lauren R. Fishelman as counsel of record for Gregory Cargill and John Furnari for the reason indicated in the G-123 Notice. Filed by Defendants and Counter-Claimants Gregory Cargill and John Furnari. (Attorney Lauren Rose Fishelman added to party Gregory Cargill(pty:cc), Attorney Lauren Rose Fishelman added to party Gregory Cargill(pty:dft), Attorney Lauren Rose Fishelman added to party John Furnari(pty:cc), Attorney Lauren Rose Fishelman added to party John Furnari(pty:dft))(Fishelman, Lauren)
October 13, 2020 Filing 279 MINUTES OF SETTLEMENT CONFERENCE held before Magistrate Judge Maria A. Audero: On September 9, 2020, the Court conducted a settlement conference. The parties did not reach a settlement. Counsel are ORDERED jointly and forthwith to notify the District Judge assigned to the case-the Honorable John A. Kronstadt-of the unsuccessful (but valiant, in this Court's opinion) effort to settle the case. (See document for further details.) Court Reporter: Digital Recording 10-9-20. (es)
October 8, 2020 Filing 278 Notice of Appearance or Withdrawal of Counsel: for attorney Bethany Gayle Lukitsch counsel for Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. Adding Bethany Gayle Lukitsch as counsel of record for 34 Cabot Holdings, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff and Counter-Defendant 34 Cabot Holdings, LLC. (Attorney Bethany Gayle Lukitsch added to party 34 Cabot Holdings, LLC(pty:cd), Attorney Bethany Gayle Lukitsch added to party 34 Cabot Holdings, LLC(pty:pla))(Lukitsch, Bethany)
October 8, 2020 Filing 277 Notice of Appearance or Withdrawal of Counsel: for attorney Kamran Benjamin Ahmadian counsel for Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. Sabrina A. Beldner is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff and Counter-Defendant 34 Cabot Holdings, LLC. (Ahmadian, Kamran)
October 8, 2020 Filing 276 Notice of Appearance or Withdrawal of Counsel: for attorney Kamran Benjamin Ahmadian counsel for Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. Adding Kamran Benjamin Ahmadian as counsel of record for 34 Cabot Holdings, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff and Counter-Defendant 34 Cabot Holdings, LLC. (Attorney Kamran Benjamin Ahmadian added to party 34 Cabot Holdings, LLC(pty:cd), Attorney Kamran Benjamin Ahmadian added to party 34 Cabot Holdings, LLC(pty:pla))(Ahmadian, Kamran)
September 30, 2020 Opinion or Order Filing 275 ORDER REGARDING SETTLEMENT CONFERENCE by Magistrate Judge Maria A. Audero. A Settlement Conference will be held before Magistrate Judge Audero on Friday, October 9, 2020 at 9:00 a.m. No later than October 2, 2020 at 3:00 p.m., each party shall submit a Settlement Conference Statement ("Statement") directly to the Chambers of Judge Audero via email to MAA_Chambers@cacd.uscourts.gov. [See order for details.] (es)
September 29, 2020 Filing 274 MINUTES OF ORGANIZATIONAL CONFERENCE RE SETTLEMENT CONFERENCE held before Magistrate Judge Maria A. Audero: The Court confers with the parties regarding various organizational matters related to the Settlement Conference, currently set for October 9, 2020 at 9:00 am. A separate Settlement Conference Order will issue. Court Reporter: Digital Recording 9-29-20. (es)
September 25, 2020 Filing 273 SCHEDULING NOTICE TEXT ONLY - IN CHAMBERS by Magistrate Judge Maria A. Audero: Telephonic Organizational Call set for 9/29/2020 at 01:00 PM before Magistrate Judge Maria A. Audero. Call-in information to be provided by the clerk. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jm) TEXT ONLY ENTRY
September 22, 2020 Filing 272 FURTHER STATUS CONFERENCE before Judge John A. Kronstadt: The status conference is held telephonically. Court and counsel confer regarding possible new trial dates and if the parties would be willing to have the trial by video eeleconference("VTC"). Over the objection of Plaintiff as to the date, the Court sets a bench trial for 11/17/2020, at 9:00 AM., with additional days on 11/18/2020 and 11/20/2020. Each side will have 10 hours for argument, cross-examination and re-direct examination. Direct testimony is through declarations. Counsel wish to have a settlement conference before a magistrate judge. The Court orders the parties to meet and confer and select one magistrate judge and to advise the Court by Thursday,9/24/2020 of their selection. Court Reporter: Myra Ponce. (jp)
September 17, 2020 Filing 271 STATUS REPORT (Joint) filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
August 11, 2020 Filing 270 STATUS CONFERENCE (DKT. #269 ) before Judge John A. Kronstadt: The status conference is held telephonically. In light of General Order 20-09, and the closure of the Court to the public due to health concerns arising from the pandemic, the Court confers with counsel about how to conduct the bench trial. The Court states that it could be done by videoconference at this time, or in person once the courthouse re-opens for civil matters. Plaintiffs counsel prefers to proceed in-person and suggests a postponement to mid-February 2021, or later, given Ms. Beverlin's anticipated leave. Defense counsel prefers the bench trial proceed this year in person if the courthouse has reopened for civil matters, and potentially by videoconference, if it has not. Defense counsel requests a further status conference in approximately one month to discuss the status of the pandemic and likelihood that the courthouse will reopen relatively soon. The Court sets a Telephonic Status Conference for 9/22/2020 at 10:00 AM. Counsel are ordered to meet and confer and file a Joint Statement by September 17 stating their respective and/or collective views regarding how best to proceed with the bench trial, given the circumstances present at that time, and including the dates counsel and the witnesses are available in October and November. The 8/25/2020 trial date is VACATED. Court Reporter: Lisa Gonzalez. (SEE CIVIL MINUTES FOR FURTHER SPECIFICS). (jp)
July 27, 2020 Filing 269 STATUS CONFERENCE (DKT. 263) before Judge John A. Kronstadt: The status conference is held telephonically. The Court determines that, if the pandemic conditions in Los Angeles do not improve, the trial will be continued. Counsel discuss potential continued trial dates, with Plaintiff proposing February 2021, and Defendants a date later this year. The Court will continue to monitor the pandemic and conditions in Los Angeles, and will make a final decision by 8/11/2020, as to whether the trial will be continued from 8/25/2020. The Court will issue an order no later than 8/11/2020, as to that final decision. A further telephonic Status Conference is set for 8/11/2020 at 10:00 AM. The conference will be taken off calendar if an order has already issued stating either that the trial will proceed on August 25, 2020, or will be continued to a later date. In the event the conference proceeds, the Deputy Clerk will email instructions to counsel on how to join. Court Reporter: Mirian Baird. (SEE CIVIL MINUTES FOR FURTHER SPECIFICS). (jp) Modified on 7/28/2020 (jp).
July 23, 2020 Filing 268 STATUS REPORT Re August 25, 2020 Trial Date filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
July 22, 2020 Opinion or Order Filing 267 (IN CHAMBERS) ORDER CHANGING THE TIME FOR THE TELEPHONIC STATUS CONFERENCE(DKT. #263 )] by Judge John A. Kronstadt: On the Court's own motion, the TIME for the telephonic Status Conference set for July 27, 2020 is advanced from 1:30 p.m. to 11:30 a.m. The Deputy Clerk will email telephonic instructions to counsel of record on or before Friday, July 24, 2020.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
July 16, 2020 Filing 266 SEALED DOCUMENT Trial Brief of Defendants and Counter-Claimants Gregory Cargill and John Furnari re APPLICATION to file document Trial Brief and Proposed Findings of Fact and Conclusions of Law under seal #254 , Order on Motion for Leave to File Document Under Seal,,, #262 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari.(Swearingen, James)
July 16, 2020 Filing 265 SEALED DOCUMENT Proposed Findings of Fact and Conclusions of Law re APPLICATION to file document Trial Brief and Proposed Findings of Fact and Conclusions of Law under seal #254 , Order on Motion for Leave to File Document Under Seal,,, #262 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari.(Swearingen, James)
July 14, 2020 Filing 264 SEALED DOCUMENT (S) re APPLICATION to File Documents Under Seal #256 , Order on Motion for Leave to File Document Under Seal,,, #262 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 SEALED - Plaintiff's Trial Brief, #2 SEALED - Plaintiff's [Proposed] Findings of Fact and Conclusions of Law)(Beverlin, Amy)
July 13, 2020 Filing 263 MINUTE OF STATUS CONFERENCE (DKT. #253 ) before Judge John A. Kronstadt: The Court continues the trial to 8/25/2020 at 9:00 AM The Court sets a further telephonic Status Conference for 7/27/2020 at 1:30 PM. The parties shall meet and confer and file a joint status report on 7/23/2020 to update the Court regarding the status of the trial in Mississippi in which Plaintiffs' counsel will be appearing, the availability of witnesses and counsel for a trial beginning on August 25, the status of the parties'COVID-19 testing efforts, and any other pertinent information that would streamline the discussion of the issues to be addressed at the Status Conference. Court Reporter: Lisa Gonzalez. (SEE CIVIL MINUTES FOR FURTHER SPECIFICS). (jp)
July 13, 2020 Opinion or Order Filing 262 (IN CHAMBERS) ORDER RE PLAINTIFFS APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL (DKT. #254 ); DEFENDANTS AND COUNTER-CLAIMANTS GREGORY CARGILL AND JOHN FURNARIS APPLICATION TO FILE DOCUMENTS UNDER SEAL (DKT. #256 ) by Judge John A. Kronstadt: The Applications are GRANTED. The parties shall file the materials proposed for redaction under seal in a manner consistent with L.R. 79-5 and Standing Order 11 (pg. 19-21). (SEE CIVIL MINUTES FOR FURTHER SPECIFICS). (jp)
July 10, 2020 Filing 261 Updated Jointly Prepared Document Re Witnesses filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC (Kane, Matthew)
July 10, 2020 Filing 260 RESPONSE filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, DOES 1-10, John Furnarito Objection #258 to Defendants' Trial Brief (Steinberg, Ira)
July 9, 2020 Filing 259 SEALED DOCUMENT Notice of Filing Exhibits 531 to 554 re Sealed Declaration in SupportDeclaration,,, #239 , Order on Motion for Leave to File Document Under Seal,,, #249 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Attachments: #1 Exhibit Exhibit 531, #2 Exhibit Exhibit 532, #3 Exhibit Exhibit 533, #4 Exhibit Exhibit 534, #5 Exhibit Exhibit 535, #6 Exhibit Exhibit 536, #7 Exhibit Exhibit 537, #8 Exhibit Exhibit 538, #9 Exhibit Exhibit 539, #10 Exhibit Exhibit 540, #11 Exhibit Exhibit 541, #12 Exhibit Exhibit 542, #13 Exhibit Exhibit 543, #14 Exhibit Exhibit 544, #15 Exhibit Exhibit 545, #16 Exhibit Exhibit 546, #17 Exhibit Exhibit 547, #18 Exhibit Exhibit 548, #19 Exhibit Exhibit 549, #20 Exhibit Exhibit 550, #21 Exhibit Exhibit 551, #22 Exhibit Exhibit 552, #23 Exhibit Exhibit 553, #24 Exhibit Exhibit 554)(Swearingen, James)
July 9, 2020 Filing 258 OBJECTIONS to Sealed Declaration in SupportDeclaration, #255 [255-1] Defendants' Trial Brief filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
July 7, 2020 Filing 257 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Trial Brief and Proposed Findings of Fact and Conclusions of Law under seal #254 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Unredacted Document Plaintiff's Trial Brief, #2 Unredacted Document Plaintiff's [Prop} Findings of Fact and Conclusions of Law)(Beverlin, Amy)
July 7, 2020 Filing 256 APPLICATION to File Documents Under Seal filed by Plaintiff and Counter-Defendant 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order, #2 Redacted Document Plaintiff's Trial Brief, #3 Redacted Document Notice of Lodging [Prop] Findings of Fact and Conclusions of Law) (Beverlin, Amy)
July 7, 2020 Filing 255 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Trial Brief and Proposed Findings of Fact and Conclusions of Law under seal #254 filed by Defendants Gregory Cargill, John Furnari. (Attachments: #1 Trial Brief, #2 Proposed Findings of Fact and Conclusions of Law)(Steinberg, Ira)
July 7, 2020 Filing 254 APPLICATION to file document Trial Brief and Proposed Findings of Fact and Conclusions of Law under seal filed by Defendants Gregory Cargill, John Furnari. (Attachments: #1 Redacted Document Trial Brief, #2 Redacted Document Proposed Findings of Fact and Conclusions of Law, #3 Proposed Order)(Steinberg, Ira)
July 6, 2020 Filing 253 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge John A. Kronstadt:, The Court and counsel confer regarding the trial schedule. The Court continues the trial to Tuesday, July 21, 2020 at 9:00 a.m. The Court sets a further Status Conference on July 13, 2020 at 11:00 a.m. The parties shall file a joint status report on or before July 10, 2020 with respect to any developments that would affect the trial date. The parties shall timely file the remaining pretrial submissions in accordance with the prior order.Court Reporter: Lisa Gonzalez. (lc)
July 6, 2020 Filing 252 PROOF OF SERVICE filed by Plaintiff and Counter-Defendant 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC, re Sealed Document, #250 served on July 6, 2020. (Kane, Matthew)
July 6, 2020 Filing 251 (REDACTED) Plaintiff's Response to Objections to Evidence re APPLICATION to file document Response to Defendants' Objections to Evidence under seal #218 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
July 6, 2020 Filing 250 SEALED DOCUMENT Plaintiff and Counter-Defendant 34 Cabot Holdings, LLC's Response to Defendants and Counter-Claimants Gregory Cargill and John Funari's Objections to Evidence re Order on Motion for Leave to File Document Under Seal,,, #249 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC.(Kane, Matthew)
July 2, 2020 Opinion or Order Filing 249 (IN CHAMBERS) ORDER RE PLAINTIFF'S APPLICATION FOR LEAVE TOFILE DOCUMENTS UNDER SEAL (DKT. #218 );DEFENDANTS AND COUNTER-CLAIMANTS GREGORY CARGILL AND JOHN FURNARI'S APPLICATION TO FILE DOCUMENTS UNDER SEAL (DKT. #238 ) by Judge John A. Kronstadt: The Applications are GRANTED. The parties shall file the materials proposed for redaction under seal in a manner consistent with L.R. 79-5 and Standing Order 11 (pg. 19-21). (SEE CIVIL MINUTES FOR FURTHER SPECIFICS). (jp)
July 2, 2020 Opinion or Order Filing 248 ORDER RE DEFENDANTS' EX PARTE APPLICATION AND EMERGENCY MOTION FOR LEAVE TO AMEND ANSWER (DKT. #212 ) by Judge John A. Kronstadt, the Application is MOOT in light of the ruling on Plaintiff's Motion in Limine No. 2 at the Final Pretrial Conference, i.e., that Defendant is permitted to advance certain affirmative defenses at trial. Dkt. 274 at 1-2. (jp)
July 2, 2020 Filing 246 NOTICE Reformatted Notice of Disputed Exhibits filed by Plaintiff 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. (Kane, Matthew)
July 1, 2020 Filing 245 TRANSCRIPT ORDER as to Plaintiff 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC for Court Reporter. Court will contact Vaneta Birtha at vbirtha@mcguirewoods.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Beverlin, Amy)
June 29, 2020 Filing 247 MINUTES OF FINAL PRETRIAL CONFERENCE STATUS CONFERENCE RE EXHIBITS PLAINTIFF'S MOTIONS IN LIMINE (DKT. #194 , #195 , #196 , #197 , #198 , #199 , #200 , #201 ); DEFENDANT'S MOTIONS IN LIMINE (DKT. #185 ) before Judge John A. Kronstadt: The Court sets a further Status Conference on 7/6/2020 to discuss the trial date in light of any new information as to the COVID-19 pandemic. The parties shall file any status report with further information on or before 7/2/2020. This status report may include a request to continue the Status Conference to facilitate settlement and meet-and-confer efforts. All counsel are invited, but not all are required, to attend the Status Conference. After the conclusion of the Final Pretrial Conference, the Court advances the time of the 7/6/2020 status conference from 11:30 AM., to 10:30 AM. Court Reporter: Marea Woolrich. (SEE CIVIL MINUTE FOR FURTHER SPECIFICS). (jp)
June 26, 2020 Filing 244 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Documents under seal #177 , APPLICATION to file document under seal #210 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Attachments: #1 Exhibit 501-Part 1, #2 Exhibit 501-Part 2, #3 Exhibit 501-Part 3, #4 Exhibit 502-Part 1, #5 Exhibit 502-Part 2, #6 Exhibit 502-Part 3, #7 Exhibit 502-Part 4, #8 Exhibit 503, #9 Exhibit 504, #10 Exhibit 505, #11 Exhibit 506, #12 Exhibit 507, #13 Exhibit 508, #14 Exhibit 509, #15 Exhibit 513, #16 Exhibit 514, #17 Exhibit 515, #18 Exhibit 517-Part 1, #19 Exhibit 517-Part 2, #20 Exhibit 517-Part 3, #21 Exhibit 517-Part 4, #22 Exhibit 517-Part 5, #23 Exhibit 517- Part 6, #24 Exhibit 517- Part 7, #25 Exhibit 517- Part 8, #26 Exhibit 517- Part 9, #27 Exhibit 517- Part 10, #28 Exhibit 517- Part 11, #29 Exhibit 517- Part 12, #30 Exhibit 522)(Swearingen, James)
June 26, 2020 Filing 243 DECLARATION of Jeffrey C. Hass re Memorandum of Contentions of Fact and Law #225 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Swearingen, James)
June 26, 2020 Filing 242 REPLY in Support of MOTION IN LIMINE (#6) to Preclude Introduction of Settlement Negotiations #201 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
June 26, 2020 Filing 241 REPLY in Support of MOTION IN LIMINE (#4) to Determine Defendants' Limited Waiver of Attorney-Client Privilege #197 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
June 26, 2020 Filing 240 REPLY in Support of MOTION IN LIMINE (#1) to Exclude Defendants' Putative Expert and/or Preclude Testimony Beyond the Scope of Expert Report #194 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
June 26, 2020 Filing 239 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Notice of Exhibits; Exhibits 531-554 under seal #238 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Attachments: #1 Memorandum Notice of Filing Exhibits, #2 Exhibit 531, #3 Exhibit 532, #4 Exhibit 533, #5 Exhibit 534, #6 Exhibit 535, #7 Exhibit 536, #8 Exhibit 537, #9 Exhibit 538, #10 Exhibit 539, #11 Exhibit 540, #12 Exhibit 541, #13 Exhibit 542, #14 Exhibit 543, #15 Exhibit 544, #16 Exhibit 545, #17 Exhibit 546, #18 Exhibit 547, #19 Exhibit 548, #20 Exhibit 549, #21 Exhibit 550, #22 Exhibit 551, #23 Exhibit 552, #24 Exhibit 553, #25 Exhibit 554)(Swearingen, James)
June 26, 2020 Filing 238 APPLICATION to file document Notice of Exhibits; Exhibits 531-554 under seal filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Attachments: #1 Redacted Document Notice of Exhibits, #2 Proposed Order Granting Application)(Swearingen, James)
June 25, 2020 Filing 237 SEALED DOCUMENT Plaintiff's Evidentiary Objections to Direct Testimony of Jeffrey Hass and [Proposed] Order re APPLICATION to file document Evidentiary Objections to Direct Testimony Declaration of Gregory Cargill and Proposed Order; Evidentiary Objectiosn to Direct Testimony Declaration of Jeffrey Hass and Proposed Order under seal #188 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,, #220 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order)(Kane, Matthew)
June 25, 2020 Filing 236 SEALED DOCUMENT Plaintiff's Evidentiary Objections to Direct Testimony of Gregory Cargill and [Proposed] Order re APPLICATION to file document Evidentiary Objections to Direct Testimony Declaration of Gregory Cargill and Proposed Order; Evidentiary Objectiosn to Direct Testimony Declaration of Jeffrey Hass and Proposed Order under seal #188 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,, #220 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order)(Kane, Matthew)
June 25, 2020 Filing 235 SEALED DOCUMENT Plaintiff's Direct Testimony Declaration of Dean Shalit with Exhibits re APPLICATION to file document 34 Cabot Holdings, LLC's Memorandum of Contentions of Fact and Law under seal #167 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,, #220 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Exhibit DS-1, #2 Exhibit DS-2, #3 Exhibit DS-3, #4 Exhibit DS-4, #5 Exhibit DS-5, #6 Exhibit DS-6, #7 Exhibit DS-7 to DS-10, #8 Exhibit DS-11 to DS-22, #9 Exhibit DS-23 to DS-24)(Kane, Matthew)
June 25, 2020 Filing 234 SEALED DOCUMENT Plaintiff's Direct Testimony Declaration of Ivan Todorov with Exhibits re APPLICATION to file document 34 Cabot Holdings, LLC's Memorandum of Contentions of Fact and Law under seal #167 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,, #220 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Exhibit IT-1, #2 Exhibit IT-2 to IT-5, #3 Exhibit IT-6 to IT-9)(Kane, Matthew)
June 25, 2020 Filing 233 SEALED DOCUMENT Plaintiff's Direct Testimony Declaration of Robert Murray re APPLICATION to file document 34 Cabot Holdings, LLC's Memorandum of Contentions of Fact and Law under seal #167 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,, #220 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC.(Kane, Matthew)
June 25, 2020 Filing 232 SEALED DOCUMENT re APPLICATION to file document 34 Cabot Holdings, LLC's Memorandum of Contentions of Fact and Law under seal #167 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,, #220 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC.(Kane, Matthew)
June 25, 2020 Filing 231 SEALED DOCUMENT Exhibit 517 of Declaration of Gregory Cargill re Sealed Declaration in SupportDeclaration,, #228 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,, #220 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Attachments: #1 Exhibit 517-Part 2, #2 Exhibit 517-Part 3, #3 Exhibit 517-Part 4, #4 Exhibit 517-Part 5, #5 Exhibit 517-Part 6, #6 Exhibit 517 - Part 7, #7 Exhibit 517 - Part 8, #8 Exhibit 517 - Part 9, #9 Exhibit 517 - Part 10, #10 Exhibit 517 - Part 11, #11 Exhibit 517 - Part 12)(Steinberg, Ira)
June 25, 2020 Filing 230 SEALED DOCUMENT Exhibit 501 to Declaration of Gregory Cargill re Sealed Declaration in SupportDeclaration,, #228 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,, #220 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Attachments: #1 Exhibit 501-Part 2 to Sealed Declaration of Gregory Cargill, #2 Exhibit 501-Part 3 to Sealed Declaration of Gregory Cargill)(Steinberg, Ira)
June 25, 2020 Opinion or Order Filing 229 (IN CHAMBERS) ORDER DIRECTING DEFENDANTS TO FILE EXHIBITS 531 THROUGH 554 by Judge John A. Kronstadt: Plaintiffs' notice of disputed exhibits refers to Defendants' exhibits 531 through 554 (Dkt. #192 at 3-6). Defendants have filed only Exhibits 501-529, with the exception of Exhibit 512. On or before June 26, 2020 at 2 p.m., Defendants shall file on the docket copies of Exhibits 531 to 554, as well as a statement as to whether the parties continue to dispute their admissibility at trial. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (yh) TEXT ONLY ENTRY
June 25, 2020 Filing 228 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Documents under seal #177 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Attachments: #1 Exhibit 505, #2 Exhibit 507, #3 Exhibit 508, #4 Exhibit 509, #5 Exhibit 513, #6 Exhibit 514, #7 Exhibit 515, #8 Exhibit 516, #9 Exhibit 518, #10 Exhibit 519, #11 Exhibit 520, #12 Exhibit 521, #13 Exhibit 522, #14 Exhibit 523, #15 Exhibit 524, #16 Exhibit 526, #17 Exhibit 527, #18 Exhibit 528)(Steinberg, Ira)
June 25, 2020 Filing 227 DECLARATION of Gregory Cargill re Memorandum of Contentions of Fact and Law #225 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Steinberg, Ira)
June 25, 2020 Filing 226 SEALED DOCUMENT Unredacted re Memorandum of Contentions of Fact and Law #225 , Memorandum of Contentions of Fact and Law #174 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,, #220 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari.(Steinberg, Ira)
June 25, 2020 Filing 225 MEMORANDUM of CONTENTIONS of FACT and LAW (Redacted set) filed by defendants and counter-claimants Gregory Cargill, John Furnari. (Steinberg, Ira)
June 24, 2020 Filing 224 Jointly Prepared Document re Witnesses re: Text Only Scheduling Notice,, 204 (Kane, Matthew)
June 24, 2020 Opinion or Order Filing 223 (IN CHAMBERS) ORDER: FINAL PRETRIAL CONFERENCE SHALL TAKE PLACE TELEPHONICALLY, AND TIME IS CHANGED TO 2:30 PM by Judge John A. Kronstadt. On the Court's own motion, the Final Pretrial Conference hearing set for Monday, June 29, 2020 will proceed by telephone only. No in-person appearances will be allowed without leave of Court. Counsel who plan to attend the hearing must email the Deputy Clerk at Cheryl_Wynn@cacd.uscourts.gov by no later than Noon on Friday, June 26, 2020 to receive telephonic instructions. Furthermore, the TIME of the hearing is changed from 1:30 p.m. to 2:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
June 23, 2020 Filing 222 OPPOSITION to EX PARTE APPLICATION to Amend Answer to Complaint (Attorney Civil Case Opening) #21 #212 filed by Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
June 23, 2020 Opinion or Order Filing 221 ORDER RE STIPULATION REGARDING WITHDRAWAL OF DEFENDANTS DIRECT TESTIMONY TRIAL DECLARATION OF JOHN FURNARI(Dkt. 177-4 (unsealed); Dkt. 180 (sealed)) #182 by Judge John A. Kronstadt (lc)
June 22, 2020 Filing 220 (IN CHAMBERS) (IN CHAMBERS) PLAINTIFFS APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL (DKT. #167 ); DEFENDANTS AND COUNTER-CLAIMANTS GREGORY CARGILL AND JOHN FURNARI'S APPLICATION TO FILE DOCUMENTS UNDER SEAL (DKT. 168 (SEALED); DKT. #177 (UNSEALED); DKT. #173 (DUPLICATE)); DEFENDANTS AND COUNTER-CLAIMANTS GREGORY CARGILL AND JOHN FURNARIS APPLICATION TO FILE DOCUMENTS UNDER SEAL (DKT. #183 ); PLAINTIFFS APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL (DKT. #188 ); DEFENDANTS AND COUNTER-CLAIMANTS GREGORY CARGILL AND JOHN FURNARI'S APPLICATION TO FILE DOCUMENTS UNDER SEAL (DKT. #210 ) by Judge John A. Kronstadt, the Applications are GRANTED. The parties shall file the materials proposed for redaction under seal in a manner consistent with L.R. 79-5 and Standing Order 11 (pg. 19-21). (SEE CIVIL MINUTES FOR FURTHER SPECIFICS). (et)
June 22, 2020 Filing 219 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Response to Defendants' Objections to Evidence under seal #218 filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Unredacted Document)(Beverlin, Amy)
June 22, 2020 Filing 218 APPLICATION to file document Response to Defendants' Objections to Evidence under seal filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Redacted Document Response to Objections to Evidence, #2 Proposed Order re Application for Leave to File Under Seal, #3 Proof of Service of Unredacted/Sealed Documents)(Beverlin, Amy)
June 22, 2020 Filing 217 Evidentiary Objections to Declaration of Gregory Cargill (Dkt. #185-3) re MOTION IN LIMINE (#1) to Exclude Defendants' and Counter-Claimants' Counsel as Witnesses #185 filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order)(Kane, Matthew)
June 22, 2020 Filing 216 Evidentiary Objections to Declaration of Benjamin Alexander (Dkt. #185-2) re MOTION IN LIMINE (#1) to Exclude Defendants' and Counter-Claimants' Counsel as Witnesses #185 filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order)(Kane, Matthew)
June 22, 2020 Filing 215 Evidentiary Objections to Declaration of Ira Steinberg (Dkt. #185-1) re MOTION IN LIMINE (#1) to Exclude Defendants' and Counter-Claimants' Counsel as Witnesses #185 filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order)(Kane, Matthew)
June 22, 2020 Filing 214 OPPOSITION to MOTION IN LIMINE (#1) to Exclude Defendants' and Counter-Claimants' Counsel as Witnesses #185 filed by Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
June 22, 2020 Filing 213 MEMORANDUM in Opposition to MOTION IN LIMINE (#1) to Exclude Defendants' Putative Expert and/or Preclude Testimony Beyond the Scope of Expert Report #194 filed by Counter Claimants Gregory Cargill, John Furnari. (Steinberg, Ira)
June 22, 2020 Filing 212 EX PARTE APPLICATION to Amend Answer to Complaint (Attorney Civil Case Opening) #21 filed by defendants and counter-claimants Gregory Cargill, John Furnari. (Attachments: #1 Declaration Of Ira M. Steinberg; and Ex. A Proposed Amended Answer, #2 Proposed Order) (Steinberg, Ira)
June 22, 2020 Filing 211 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #210 filed by Counter Claimants Gregory Cargill, John Furnari. (Attachments: #1 Unredacted Document Responses to Evidentiary Objections, #2 Unredacted Document Responses to Evidentiary Objections)(Steinberg, Ira)
June 22, 2020 Filing 210 APPLICATION to file document under seal filed by Counter Claimant John Furnari. (Attachments: #1 Proposed Order)(Steinberg, Ira)
June 22, 2020 Filing 209 NOTICE OF NON-OPPOSITION to MOTION IN LIMINE (#8) Requesting An Order Extending Stipulated Protective Order To Trial #200 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, DOES 1-10, John Furnari. (Attachments: #1 Proof of Service)(Steinberg, Ira)
June 22, 2020 Filing 208 Opposition Defendants' Opposition re: MOTION IN LIMINE (#6) to Preclude Introduction of Settlement Negotiations #201 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, DOES 1-10, John Furnari. (Attorney Lori L Werderitch added to party DOES 1-10(pty:dft))(Werderitch, Lori)
June 22, 2020 Filing 207 Opposition Defendants' Opposition re: MOTION IN LIMINE (#5) to Exclude Defendants' Evidence That They Were Not Overpaid If Their Defenses To The Enforcement Of Their Releases Fail #198 filed by Defendants Gregory Cargill, DOES 1-10, John Furnari, Counter Claimant John Furnari. (Werderitch, Lori)
June 22, 2020 Filing 206 MEMORANDUM in Opposition to MOTION IN LIMINE (#7) Requesting An Order To Conduct The Trial In Phases #199 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Steinberg, Ira)
June 22, 2020 Filing 205 MEMORANDUM in Opposition to MOTION IN LIMINE (#2) to Preclude Testimony and Evidence Re New Evidence, Defenses and Claims #195 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Attachments: #1 Declaration in Support of Opposition to Motion in Limine No. 2)(Steinberg, Ira)
June 22, 2020 Opinion or Order Filing 204 (IN CHAMBERS) ORDER REQUIRING PARTIES TO FILE JOINTLY PREPARED DOCUMENT RE WITNESSES by Judge John A. Kronstadt: The parties have filed witness lists. Dkts. #186 , #193 . However, the Standing Order additionally requires the parties to provide a "jointly-prepared document with five columns" (pg. 59), that lists the estimated time needed for each witness. Counsel shall file such a document on or before June 24, 2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (yh) TEXT ONLY ENTRY
June 22, 2020 Filing 203 OPPOSITION to MOTION IN LIMINE (#4) to Determine Defendants' Limited Waiver of Attorney-Client Privilege #197 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, DOES 1-10, John Furnari. (Attachments: #1 Proof of Service)(Steinberg, Ira)
June 22, 2020 Filing 202 OPPOSITION to MOTION IN LIMINE (#3) to Limit Testimony and Evidence Re Defendants' Unpled Fraud Defense #196 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, DOES 1-10, John Furnari. (Attachments: #1 Proof of Service)(Steinberg, Ira)
June 16, 2020 Filing 201 NOTICE OF MOTION AND MOTION IN LIMINE (#6) to Preclude Introduction of Settlement Negotiations filed by Plaintiff 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. Motion set for hearing on 6/29/2020 at 01:30 PM before Judge John A. Kronstadt.(Kane, Matthew)
June 15, 2020 Filing 200 NOTICE OF MOTION AND MOTION IN LIMINE (#8) Requesting An Order Extending Stipulated Protective Order To Trial filed by Plaintiff 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. Motion set for hearing on 6/29/2020 at 01:30 PM before Judge John A. Kronstadt.(Kane, Matthew)
June 15, 2020 Filing 199 NOTICE OF MOTION AND MOTION IN LIMINE (#7) Requesting An Order To Conduct The Trial In Phases filed by Plaintiff 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. Motion set for hearing on 6/29/2020 at 01:30 PM before Judge John A. Kronstadt.(Kane, Matthew)
June 15, 2020 Filing 198 NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude Defendants' Evidence That They Were Not Overpaid If Their Defenses To The Enforcement Of Their Releases Fail filed by Plaintiff 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. Motion set for hearing on 6/29/2020 at 01:30 PM before Judge John A. Kronstadt.(Kane, Matthew)
June 15, 2020 Filing 197 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Determine Defendants' Limited Waiver of Attorney-Client Privilege filed by Plaintiff 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. Motion set for hearing on 6/29/2020 at 01:30 PM before Judge John A. Kronstadt.(Kane, Matthew)
June 15, 2020 Filing 196 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Limit Testimony and Evidence Re Defendants' Unpled Fraud Defense filed by Plaintiff 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. Motion set for hearing on 6/29/2020 at 01:30 PM before Judge John A. Kronstadt.(Kane, Matthew)
June 15, 2020 Filing 195 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Preclude Testimony and Evidence Re New Evidence, Defenses and Claims filed by Plaintiff 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. Motion set for hearing on 6/29/2020 at 01:30 PM before Judge John A. Kronstadt.(Kane, Matthew)
June 15, 2020 Filing 194 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Defendants' Putative Expert and/or Preclude Testimony Beyond the Scope of Expert Report filed by Plaintiff 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. Motion set for hearing on 6/29/2020 at 01:30 PM before Judge John A. Kronstadt.(Kane, Matthew)
June 15, 2020 Filing 193 Witness List filed by Plaintiff 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC.. (Kane, Matthew)
June 15, 2020 Filing 192 NOTICE of Disputed Exhibits filed by Plaintiff 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. (Kane, Matthew)
June 15, 2020 Filing 191 NOTICE OF LODGING Proposed Pretrial Conference Order Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
June 15, 2020 Filing 190 JOINT Exhibit List filed by Plaintiff 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC.. (Kane, Matthew)
June 15, 2020 Filing 189 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Evidentiary Objections to Direct Testimony Declaration of Gregory Cargill and Proposed Order; Evidentiary Objectiosn to Direct Testimony Declaration of Jeffrey Hass and Proposed Order under seal #188 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Unredacted Document Plaintiff's Evidentiary Objections to Direct Testimony Declaration of Gregory Cargill, #2 Unredacted Document [Prop] Order Re Plaintiff's Evidentiary Objections to Direct Testimony Declaration of Gregory Cargill, #3 Unredacted Document Plaintiff's Evidentiary Objections to Direct Testimony Declaration of Jeffrey Hass, #4 Unredacted Document [Prop] Order Re Plaintiff's Evidentiary Objections to Direct Testimony Declaration of Jeffrey Hass)(Beverlin, Amy)
June 15, 2020 Filing 188 APPLICATION to file document Evidentiary Objections to Direct Testimony Declaration of Gregory Cargill and Proposed Order; Evidentiary Objectiosn to Direct Testimony Declaration of Jeffrey Hass and Proposed Order under seal filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order Re Application for Leave to File Documents Under Seal, #2 Redacted Document Evidentiary Objections to Direct Testimony Declaration of Gregory Cargill, #3 Redacted Document [Proposed] Order, #4 Redacted Document Evidentiary Objections to Direct Testimony Declaration of Jeffrey Hass, #5 Redacted Document [Proposed] Order, #6 Proof of Service of Unredacted/Sealed Documents)(Beverlin, Amy)
June 15, 2020 Filing 187 NOTICE of Disputed Exhibits; Exhibit A filed by defendants Gregory Cargill. (Swearingen, James)
June 15, 2020 Filing 186 Witness List filed by defendants Gregory Cargill.. (Swearingen, James)
June 15, 2020 Filing 185 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Defendants' and Counter-Claimants' Counsel as Witnesses filed by defendants Gregory Cargill. Motion set for hearing on 6/29/2020 at 01:30 PM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Ira M. Steinberg; Exhibit A, #2 Declaration of Benjamin Alexander, #3 Declaration of Gregory Cargill, #4 Proposed Order)(Swearingen, James)
June 15, 2020 Filing 184 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Objections to Evidence under seal #183 filed by Defendant Gregory Cargill. (Attachments: #1 Unredacted Document)(Swearingen, James)
June 15, 2020 Filing 183 APPLICATION to file document Objections to Evidence under seal filed by Defendant Gregory Cargill. (Attachments: #1 Redacted Document Objections to Evidence, #2 Proposed Order)(Swearingen, James)
June 11, 2020 Filing 182 Stipulation Re Withdrawal of Defendants' Direct Testimony Trial Declaration of John Furnari filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC (Attachments: #1 Proposed Order)(Kane, Matthew)
June 9, 2020 Filing 181 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Documents under seal #177 filed by Defendants Gregory Cargill, John Furnari. (Attachments: #1 Unredacted Document Unredacted Memorandum of Contentions of Fact and Law)(Steinberg, Ira)
June 9, 2020 Filing 180 (WITHDRAWN PER 6/23/20 ORDER DOCKET NO. 221).SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Documents under seal #177 filed by Defendants Gregory Cargill, John Furnari. (Attachments: #1 Unredacted Document Unredacted Declaration of John Furnari, #2 Unredacted Document Unredacted Exhibit 501, #3 Unredacted Document Unredacted Exhibit 502, #4 Unredacted Document Unredacted Exhibit 506, #5 Unredacted Document Unredacted Exhibit 510, #6 Unredacted Document Unredacted Exhibit 511, #7 Unredacted Document Unredacted Exhibit 513, #8 Unredacted Document Unredacted Exhibit 514, #9 Unredacted Document Unredacted Exhibit 515, #10 Unredacted Document Unredacted Exhibit 518, #11 Unredacted Document Unredacted Exhibit 519, #12 Unredacted Document Unredacted Exhibit 525, #13 Unredacted Document Unredacted Exhibit 526, #14 Unredacted Document Unredacted Exhibit 527)(Steinberg, Ira) Modified on 6/23/2020 (lc).
June 9, 2020 Filing 179 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Documents under seal #177 filed by Defendants Gregory Cargill, John Furnari. (Attachments: #1 Unredacted Document Unredacted Declaration of Jeffrey C. Hass, #2 Unredacted Document Unredacted Exhibit 501, #3 Unredacted Document Unredacted Exhibit 502, #4 Unredacted Document Unredacted Exhibit 503, #5 Unredacted Document Unredacted Exhibit 504, #6 Unredacted Document Unredacted Exhibit 505, #7 Unredacted Document Unredacted Exhibit 506, #8 Unredacted Document Unredacted Exhibit 507, #9 Unredacted Document Unredacted Exhibit 508, #10 Unredacted Document Unredacted Exhibit 509, #11 Unredacted Document Unredacted Exhibit 510, #12 Unredacted Document Unredacted Exhibit 511, #13 Unredacted Document Unredacted Exhibit 513, #14 Unredacted Document Unredacted Exhibit 514, #15 Unredacted Document Unredacted Exhibit 515, #16 Unredacted Document Unredacted Exhibit 516, #17 Unredacted Document Unredacted Exhibit 517 Part1, #18 Unredacted Document Unredacted Exhibit 517 Part 2, #19 Unredacted Document Unredacted Exhibit 522)(Steinberg, Ira)
June 9, 2020 Filing 178 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Documents under seal #177 filed by Defendants Gregory Cargill, John Furnari. (Attachments: #1 Unredacted Document Unredacted Declaration of Gregory Cargill, #2 Unredacted Document Unredacted Exhibit 501, #3 Unredacted Document Unredacted Exhibit 502, #4 Unredacted Document Unredacted Exhibit 505, #5 Unredacted Document Unredacted Exhibit 507, #6 Unredacted Document Unredacted Exhibit 508, #7 Unredacted Document Unredacted Exhibit 509, #8 Unredacted Document Unredacted Exhibit 510, #9 Unredacted Document Unredacted Exhibit 511, #10 Unredacted Document Unredacted Exhibit 513, #11 Unredacted Document Unredacted Exhibit 514, #12 Unredacted Document Unredacted Exhibit 515, #13 Unredacted Document Unredacted Exhibit 516, #14 Unredacted Document Unredacted Exhibit 517 Part 1, #15 Unredacted Document Unredacted Exhibit 517 Part 2, #16 Unredacted Document Unredacted Exhibit 518, #17 Unredacted Document Unredacted Exhibit 519, #18 Unredacted Document Unredacted Exhibit 520, #19 Unredacted Document Unredacted Exhibit 521, #20 Unredacted Document Unredacted Exhibit 523, #21 Unredacted Document Unredacted Exhibit 524, #22 Unredacted Document Unredacted Exhibit 525, #23 Unredacted Document Unredacted Exhibit 526, #24 Unredacted Document Unredacted Exhibit 527, #25 Unredacted Document Unredacted Exhibit 528, #26 Unredacted Document Unredacted Exhibit 529)(Steinberg, Ira)
June 9, 2020 Filing 177 APPLICATION to file document Documents under seal filed by Defendants Gregory Cargill, John Furnari. (Attachments: #1 Proposed Order, #2 Redacted Document Redacted Memorandum of Contentions of Fact and Law, #3 Redacted Document Redacted Declaration of Gregory Cargill, #4(WITHDRAWN PER 6/23/20 ORDER DOCKET NO. 221). Redacted Document Redacted Declaration of John Furnari, #5 Redacted Document Redacted Declaration of Jeffrey C. Hass)(Steinberg, Ira) Modified on 6/23/2020 (lc).
June 9, 2020 Filing 176 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document 34 Cabot Holdings, LLC's Memorandum of Contentions of Fact and Law under seal #167 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Exhibit to Plaintiff's Direct Testimony Declaration of Dean Shalit - DS-6)(Kane, Matthew)
June 9, 2020 Filing 175 NOTICE of Errata Re: Plaintiff's Direct Testimony Declaration of Dean Shalit [Dkt. #167.4 Redacted] [#170-172 Unredacted] filed by Plaintiffs 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. (Kane, Matthew)
June 9, 2020 Filing 174 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Gregory Cargill, John Furnari. (Steinberg, Ira)
June 9, 2020 Filing 173 APPLICATION to file document Documents under seal filed by Defendants Gregory Cargill, John Furnari. (Attachments: #1 Proposed Order)(Steinberg, Ira)
June 9, 2020 Filing 172 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document 34 Cabot Holdings, LLC's Memorandum of Contentions of Fact and Law under seal #167 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Exhibit Shalit Declaration - DS-4, #2 Exhibit Shalit Declaration - DS-5, #3 Exhibit Shalit Declaration - DS-7 to DS-10, #4 Exhibit Shalit Declaration - DS-11 to DS-22, #5 Exhibit Shalit Declaration - DS-23 to DS-24)(Beverlin, Amy)
June 9, 2020 Filing 171 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document 34 Cabot Holdings, LLC's Memorandum of Contentions of Fact and Law under seal #167 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Unredacted Document Exhibit to Dean Shalit Declaration - DS-1, #2 Unredacted Document Exhibit to Dean Shalit Declaration - DS-2, #3 Unredacted Document Exhibit to Dean Shalit Declaration - DS-3)(Beverlin, Amy)
June 8, 2020 Filing 170 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document 34 Cabot Holdings, LLC's Memorandum of Contentions of Fact and Law under seal #167 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Unredacted Document Declaration of Dean Shalit)(Beverlin, Amy)
June 8, 2020 Filing 169 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document 34 Cabot Holdings, LLC's Memorandum of Contentions of Fact and Law under seal #167 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Unredacted Document Declaration of Robert Murray, #2 Unredacted Document Declaration of Ivan Todorov, #3 Exhibit IT-1, #4 Exhibit IT-2 to IT-5, #5 Exhibit IT-6 to IT-9)(Beverlin, Amy)
June 8, 2020 Filing 167 APPLICATION to file document 34 Cabot Holdings, LLC's Memorandum of Contentions of Fact and Law under seal filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Redacted Document - 34 Cabot's Memo of Contentons of Fact and Law, #2 Redacted Document - Plaintiff's Direct Testimony Declaration of Robert Murray, #3 Redacted Document - Plaintiff's Direct Testimony Declaration of Ivan Todorov, #4 Redacted Document - Plaintiff's Direct Testimony Declaration of Dean Shalit, #5 Proposed Order, #6 Proof of Service of Redacted Documents)(Beverlin, Amy)
May 26, 2020 Opinion or Order Filing 166 ORDER by Judge John A. Kronstadt GRANTING Request for Approval of Substitution of attorneys Lori L Werderitch, Ira M Steinberg, James Swearingen for Defendant, Counter Claimant John Furnari in place and stead of Glen A Rothstein #162 . (jp)
May 26, 2020 Opinion or Order Filing 165 ORDER by Judge John A. Kronstadt GRANTING Request for Approval of Substitution of attorneys Lori L Werderitch, Ira M Steinberg, James Swearingen for Defendant, Counter Claimant Gregory Cargill in place and stead of Glen A Rothstein #161 . (jp)
May 22, 2020 Filing 164 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #161 , Miscellaneous Document #162 . The following error(s) was/were found: (1) Incorrect event selected. Correct event to be used is: Substitute Attorney (G-01) - under Category - Applications/Ex Parte Applications/Motions/Petitions/Requests. (2) The document is accepted as filed. Counsel shall take notice of the CM/ECF procedures. Any future document will be stricken for failure to follow the procedures. Other error(s) with document(s): (3) Filer used the Miscellaneous Document event utilized in docketing this filing. Clerk has converted to the Request event. 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. (jp)
May 20, 2020 Filing 163 NOTICE OF LODGING filed re Miscellaneous Document #162 , Miscellaneous Document #161 (Attachments: #1 Proposed Order On Request for Approval of Substitution or Withdrawal of Attorney Re Gregory Cargill, #2 Proposed Order On Request for Approval of Substitution or Withdrawal of Attorney Re John Furnari)(Steinberg, Ira)
May 19, 2020 Filing 162 Request for Approval of Substitution or Withdrawal of Counsel by John Furnari filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari (Steinberg, Ira). Modified on 5/22/2020 (jp).
May 19, 2020 Filing 161 Request for Approval of Substitution or Withdrawal of Counsel by Gregory Cargill filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari (Steinberg, Ira). Modified on 5/22/2020 (jp).
May 7, 2020 Filing 160 OBJECTIONS to MEMORANDUM in Opposition to Motion #158 - Evidentiary Objections to Declaration of Gregory Cargill in Support of Defendants' Opposition to Plaintiff's Motion Re Expert Witness Issues filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order)(Beverlin, Amy)
May 7, 2020 Filing 159 REPLY In Support of NOTICE OF MOTION AND MOTION for Hearing Motion Re Expert Witness Issues #154 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Exhibit 1 to Supplemental Declaration of Amy E. Beverlin, #2 Exhibit 2 to Supplemental Declaration of Amy E. Beverlin)(Beverlin, Amy)
May 1, 2020 Filing 158 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Hearing Motion Re Expert Witness Issues #154 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Rothstein, Glen)
April 22, 2020 Opinion or Order Filing 157 (IN CHAMBERS) ORDER RE APRIL 27, 2020 TRIAL SETTING CONFERENCE by Judge John A. Kronstadt: In light of the April 21, 2020 Order (Dkt. #156 ), which sets future dates in this matter, including for the bench trial, the April 27, 2020 Trial Setting Conference (Dkt. 134) is taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (yh) TEXT ONLY ENTRY
April 21, 2020 Opinion or Order Filing 156 (IN CHAMBERS) ORDER RE JOINT TRIAL REPORT (DKT. #152 ); ORDER SETTING BRIEFING SCHEDULE FOR PLAINTIFF 34 CABOT HOLDINGS, LLC'S MOTION RE EXPERT WITNESS ISSUES (DKT. #151 ) by Judge John A. Kronstadt: Defendants shall file an opposition to the Motion on or before 5/1/2020. Plaintiff shall file any reply in support of the Motion on or before 5/7/2020. After the opposition and any reply have been received, the Motion will be taken under submission, and an order will be issued. A Bench Trial is set for 7/14/2020 at 9 a.m., and a Final Pretrial Conference is set for 6/29/2020 at 1:30 p.m. Pursuant to Standing Order 10(d) (p. 17), motions in limine will be due 14 days before the Final Pretrial Conference. These dates may be modified following the issuance of the order on the Motion. (SEE CIVIL MINUTES FOR FURTHER SPECIFICS). (jp)
April 21, 2020 Filing 155 SEALED DOCUMENT Exhibit D, Exhibit E and Exhibit F to Declaration of Amy E. Beverlin re NOTICE OF MOTION AND MOTION for Hearing Motion Re Expert Witness Issues #154 , Order on Motion for Leave to File Document Under Seal, #153 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Exhibit D to Declaration of Amy E. Beverlin, #2 Exhibit E to Declaration of Amy E. Beverlin, #3 Exhibit F to Declaration of Amy E. Beverlin, #4 Certificate of Service of Sealed Documents)(Beverlin, Amy)
April 21, 2020 Filing 154 NOTICE OF MOTION AND MOTION for Hearing Motion Re Expert Witness Issues filed by Plaintiff and Counter-Defendant 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. Motion set for hearing on 7/27/2020 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Redacted Document Exhibit D, #5 Redacted Document Exhibit E, #6 Redacted Document Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Proposed Order) (Beverlin, Amy)
April 21, 2020 Opinion or Order Filing 153 ORDER Re Plaintiff's Application for Leave to File Documents Under Seal (Dkt. #150 ) by Judge John A. Kronstadt, the Application is GRANTED. Plaintiff shall forthwith file the documents proposed to be filed under seal in a manner consistent with L.R. 79-5.2(c) and the Standing Orders. (jp)
April 20, 2020 Filing 152 JOINT TRIAL REPORT filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kane, Matthew)
April 17, 2020 Filing 151 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit D, Exhibit E and Exhibit F to Declaration of Amy E. Beverlin in Support of 34 Cabot Holdings, LLC's Motion Re Expert Witness Issues under seal #150 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Unredacted Document Exhibit D, #5 Unredacted Document Exhibit E, #6 Unredacted Document Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Proposed Order, #16 Certificate of Service)(Beverlin, Amy)
April 17, 2020 Filing 150 APPLICATION to file document Exhibit D, Exhibit E and Exhibit F to Declaration of Amy E. Beverlin in Support of 34 Cabot Holdings, LLC's Motion Re Expert Witness Issues under seal filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Redacted Document Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Redacted Document Exhibit D, #6 Redacted Document Exhibit E, #7 Redacted Document Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Proposed Order)(Beverlin, Amy)
March 24, 2020 Opinion or Order Filing 149 (IN CHAMBERS) ORDER PURSUANT TO CONTINUITY OF OPERATIONS PLAN by Judge John A. Kronstadt. Pursuant to the Continuity of Operations ("COOP") Plan for the Central District of California, effective March 23, 2020 through and including May 1, 2020, no hearings in civil cases will go forward except for time-sensitive emergency matters, in which hearings will be conducted telephonically. See Order of the Chief Judge 20-042, available at www.cacd.uscourts.gov. Accordingly, all motions, status conferences and Rule 16(b)/26(f) Scheduling Conferences presently calendared between March 23, 2020 and May 1, 2020 are, or upon the completion of the briefing will be, taken under submission with all scheduled hearings taken off calendar. Pursuant to Local Rule 7.15, all motions will be decided without oral argument; provided, however the Court may order supplemental briefing. All current deadlines for the briefing of motions and the filing of status reports and Rule 16(b)/26(f) Scheduling Conference reports remain in place. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
February 12, 2020 Opinion or Order Filing 148 MINUTE ORDER IN CHAMBERS by Magistrate Judge Jean P. Rosenbluth. For all these reasons, Defendants' request to reopen fact discovery is DENIED.Any remaining expert-discovery issues will be resolved by the District Judge. [See Order for details.] (et)
February 6, 2020 Filing 147 NOTICE OF FILING TRANSCRIPT filed for proceedings 1/27/2020, 3:03 p.m. re Transcript #146 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ls) TEXT ONLY ENTRY
February 6, 2020 Filing 146 TRANSCRIPT for proceedings held on 1/27/2020, 3:03 p.m. Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/27/2020. Redacted Transcript Deadline set for 3/9/2020. Release of Transcript Restriction set for 5/6/2020. (ls)
February 5, 2020 Filing 145 SUPPLEMENTAL BRIEF filed by Defendants and Counter-Claimants Gregory Cargill, John Furnari. in Support of Scope and Jurisdiction Re Pre-Trial Discovery-Related Disputes to Be Resolved by the Honorable Jean P. Rosenbluth regarding Telephone Conference, #143 . (Rothstein, Glen)
January 28, 2020 Filing 144 TRANSCRIPT ORDER as to Plaintiff 34 Cabot Holdings, LLC for Court Smart (CS). Court will contact Amy Beverlin at abeverlin@mcguirewoods.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Beverlin, Amy)
January 27, 2020 Filing 143 MINUTES OF (IN COURT): Telephonic Conference Hearing held before Magistrate Judge Jean P. Rosenbluth. Case is called. Counsel make their appearances. Court addresses parties. Argument heard. For the reasons stated on the record at the hearing, Defendants must file a statement by no later than February 7, 2020. The briefing and hearing dates set in the Court's December 19, 2019 order are all VACATED. (See document for details.) Court Recorder: CS 01/27/20. (sbou)
January 24, 2020 Filing 142 SCHEDULING NOTICE by Magistrate Judge Jean P. Rosenbluth Telephone Conference set for 1/27/2020 at 3:00 PM before Magistrate Judge Jean P. Rosenbluth. Call in information will be emailed to counsel.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY
January 22, 2020 Filing 141 SUPPLEMENT to Status Report #132 filed by Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
January 21, 2020 Filing 140 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/27/2018; 8/30/2018 re Transcript #138 , #139 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lca) TEXT ONLY ENTRY
January 21, 2020 Filing 139 TRANSCRIPT for proceedings held on 8/30/18 11:00 A.M.. Court Reporter: ALEXANDER T. JOKO, e-mail address: AJ_CSR@YAHOO.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/11/2020. Redacted Transcript Deadline set for 2/21/2020. Release of Transcript Restriction set for 4/20/2020. (lca)
January 21, 2020 Filing 138 TRANSCRIPT for proceedings held on 8/27/18 9:00 A.M.. Court Reporter: ALEXANDER T. JOKO, e-mail address: AJ_CSR@YAHOO.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/11/2020. Redacted Transcript Deadline set for 2/21/2020. Release of Transcript Restriction set for 4/20/2020. (lca)
January 16, 2020 Filing 137 TRANSCRIPT ORDER as to Defendant Gregory Cargill, John Furnari for Court Reporter. Court will contact Toni Gesin at tonig@grothsteinlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Rothstein, Glen)
January 10, 2020 Filing 136 NOTICE OF FILING TRANSCRIPT filed for proceedings 12/19/2019 3:32 P.M. re Transcript #135 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lca) TEXT ONLY ENTRY
January 10, 2020 Filing 135 TRANSCRIPT for proceedings held on 12/19/2019 3:32 P.M.. Court Reporter/Electronic Court Recorder: JAMS CERTIFIED TRANSCRIPTION, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/31/2020. Redacted Transcript Deadline set for 2/10/2020. Release of Transcript Restriction set for 4/9/2020. (lca)
January 9, 2020 Opinion or Order Filing 134 (IN CHAMBERS) ORDER SETTING TRIAL SETTING CONFERENCE (DKT. #126 ) by Judge John A. Kronstadt: Upon review of the parties' Joint Status Report (Dkt. #126 ), the Court sets a Trial Setting Conference for April 27, 2020 at 11:30 a.m. On or before April 20, 2020, counsel shall file a joint trial report that addresses the matters set forth in the Court's July 18, 2019 Order. Dkt. 113 . If the proceedings before Magistrate Judge Rosenbluth have not yet concluded, counsel shall file a stipulation and proposed order seeking a continuation of the Trial Setting Conference to a date after the matters pending before Magistrate Judge Rosenbluth are expected to conclude. The stipulation shall include the issues that remain. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
January 7, 2020 Filing 133 TRANSCRIPT ORDER as to Plaintiff 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC for Court Smart (CS). Court will contact Vaneta Birtha at vbirtha@mcguirewoods.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Kane, Matthew)
January 6, 2020 Filing 132 STATUS REPORT (JOINT) filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
December 19, 2019 Filing 131 MINUTES OF (IN COURT): Telephonic Conference Hearing held before Magistrate Judge Jean P. Rosenbluth. Case is called. Counsel make their appearances. Court addresses parties. Argument heard. of such discovery by no later than January 13, 2020. Plaintiff must provide Defendants with its portion of the Rule 37 joint stipulation no later than January 24. Defendants must provide their portion of the joint stipulation to Plaintiff by no later than February 7. Plaintiff must file the joint stipulation by February 11, setting the hearing for March 12, 2020, at 10 a.m. The parties' supplemental memoranda, which must be no longer than 10 pages each, are due March 5, 2020. The joint stipulation must include word-for-word recitations of each discovery request any party wants leave to propound. Judge Kronstadt has confirmed that he did not intend for Defendants to have to file an amended answer raising the fraud affirmative defense. Court Recorder: CS 12/19/19. (sbou)
December 17, 2019 Filing 130 NOTICE OF FILING TRANSCRIPT filed for proceedings 12/9/19 re Transcript #129 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Baird, Miriam) TEXT ONLY ENTRY
December 17, 2019 Filing 129 TRANSCRIPT for proceedings held on 12/9/19. Court Reporter/Electronic Court Recorder: Miriam Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/7/2020. Redacted Transcript Deadline set for 1/17/2020. Release of Transcript Restriction set for 3/16/2020. (Baird, Miriam)
December 16, 2019 Filing 128 SCHEDULING NOTICE by Magistrate Judge Jean P. Rosenbluth. Telephone Conference set for 12/19/2019 at 03:30 PM before Magistrate Judge Jean P. Rosenbluth. The Call-In Number is (877)336-1829, Access Code: 1140380# THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bem) TEXT ONLY ENTRY
December 13, 2019 Filing 127 TRANSCRIPT ORDER as to Plaintiff 34 Cabot Holdings, LLC for Court Reporter. Court will contact Vaneta Birtha at vbirtha@mcguirewoods.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Beverlin, Amy)
December 9, 2019 Filing 126 MINUTES OF TRIAL SETTING CONFERENCE held before Judge John A. Kronstadt. Counsel shall contact Judge Rosenbluth by December 12, 2019, to set a date for a conference that addresses the outstanding discovery issues as well as a schedule for presenting a written statement of those disputes to Judge Rosenbluth in the format that she directs. Counsel are encouraged to present these disagreements to Judge Rosenbluth in a coherent, organized and global manner that facilitates a productive conference. Counsel are ordered to file a joint status report on or before January 6, 2020 as to the status of the process with Judge Rosenbluth. See minutes for details. Court Reporter: Miriam Baird. (lom)
November 18, 2019 Opinion or Order Filing 125 ORDER RE JOINT STIPULATION TO CONTINUE TRIAL SETTING CONFERENCE (DKT. #124 ) by Judge John A. Kronstadt, finds good cause to GRANT the Stipulation. The Trial Setting Conference shall be and hereby is continued from November 25, 2019, at 11:30 a.m., to December 9, 2019, at 11:30 a.m. (et)
November 15, 2019 Filing 124 Joint STIPULATION to Continue Trial Setting Conference from November 25, 2019 to December 9, 2019 filed by Plaintiff and Counter-Defendant 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. (Attachments: #1 Declaration of Matthew C. Kane In Support of Joint Stipulation to Continue Trial Setting Conference, #2 Proposed Order)(Kane, Matthew)
November 14, 2019 Opinion or Order Filing 123 (IN CHAMBERS) ORDER SETTING TRIAL SETTING CONFERENCE (DKT. #121 ) by Judge John A. Kronstadt: Upon review of the parties' Joint Report (Dkt. 121), the Court sets a Trial Setting Conference for November 25, 2019 at 11:30 am. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
September 10, 2019 Filing 122 NOTICE of Change of address by Glen A Rothstein attorney for Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. Changing attorneys address to 12301 Wilshire Boulevard, Suite 650, Los Angeles, CA 90025. Filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Rothstein, Glen)
September 5, 2019 Filing 121 JOINT REPORT of Trial Report filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
September 4, 2019 Opinion or Order Filing 120 ORDER Re Joint Stipulation to Continue Parties' Deadline to File Joint Trial Report by One Additional Week (DKT. #119 ) by Judge John A. Kronstadt, the relief sought through the Stipulation is GRANTED IN PART as follows: (1) The Parties' deadline to file a Joint Trial Report is extended to 9/5/2019 at noon; and (2) By entering into this Stipulation, the parties in no way waive, and hereby fully and expressly reserve, any and all rights, claims, remedies, and defenses they have or may have in this action. (jp)
August 30, 2019 Filing 119 Joint STIPULATION to Continue Parties' Deadline to File Joint Trial Report from August 30, 2019 to September 6, 2019 Re: Order, #118 , Text Only Scheduling Notice,,,, 113 , Stipulation to Continue #115 , Stipulation to Continue, #117 , Order, #116 filed by Plaintiff and Counter-Defendant 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order)(Kane, Matthew)
August 16, 2019 Opinion or Order Filing 118 ORDER Re Joint Stipulation to Continue Parties' Deadline to File Joint Trial Report By an Additional Two Weeks (DKT. #117 ) by Judge John A. Kronstadt. The Stipulation is GRANTED. The Parties' deadline to file a Joint Trial Report is continued from 08/16/2019 to 08/30/2019. (jp)
August 16, 2019 Filing 117 Joint STIPULATION to Continue Parties' Deadline to File Joint Trial Report By An Additional Two Weeks from August 16, 2019 to August 30, 2019 Re: Text Only Scheduling Notice,,,, 113 , Stipulation to Continue #115 , Order, #116 filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order)(Kane, Matthew)
August 9, 2019 Opinion or Order Filing 116 ORDER Re Joint Stipulation to Continue Parties' Deadline to File Joint Trial Report By One Week (DKT. #115 ) by Judge John A. Kronstadt. The Stipulation is GRANTED. The Parties' deadline to file a Joint Trial Report is continued from 8/9/2019 to 8/16/2019. (jp)
August 8, 2019 Filing 115 Joint STIPULATION to Continue Deadline to File Joint Trial Report from 8/9/2019 to 8/16/2019 filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order)(Kane, Matthew)
July 18, 2019 Opinion or Order Filing 113 (IN CHAMBERS) ORDER SETTING DATE TO FILE JOINT TRIAL REPORT by Judge John A. Kronstadt: Counsel shall confer and file a Joint Trial Report no later than August 9, 2019, which shall include the parties' respective and/or collective views on: (i) whether a further mediation session would be productive and, if so, when; (ii) a proposed date for the final pretrial conference and trial; (iii) the trial estimate and whether either party is requesting that the panel be prescreened and, if so, the basis for such; and (iv) any issues that need to be addressed prior to the commencement of trial. Attached to the joint report shall be the Schedule of Dates for Civil Jury Trials, found in the Standing Order on the Court's procedures and schedules located at: http://www.cacd.uscourts.gov/honorable-john-kronstadt. The Court will determine whether to issue an order setting dates or set a hearing upon review of the report THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
July 16, 2019 Opinion or Order Filing 114 SEALED ORDER RULING ON PLAINTIFF AND COUNTER-DEFENDANT 34 CABOT HOLDINGS, LLCS EVIDENTIARY OBJECTIONS TO DECLARATION OF GREGORY CARGILL IN SUPPORT DEFENDANTS AND COUNTER-CLAIMANTS OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT (DKT. #92 -15) by Judge John A. Kronstadt. (shb)
July 16, 2019 Opinion or Order Filing 112 SEALED ORDER RULING ON PLAINTIFF AND COUNTER-DEFENDANT 34 CABOT HOLDINGS, LLCSEVIDENTIARY OBJECTIONS TO DECLARATION OF JEFFREY C. HASS IN SUPPORT DEFENDANTSAND COUNTER-CLAIMANTS OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT (DKT. #92 -13) by Judge John A. Kronstadt. (shb)
July 16, 2019 Opinion or Order Filing 111 SEALED ORDER RULING ON PLAINTIFF AND COUNTER-DEFENDANT 34 CABOT HOLDINGS, LLCS EVIDENTIARY OBJECTIONS TO DECLARATION OF GLEN A ROTHSTEIN IN SUPPORT DEFENDANTS AND COUNTERCLAIMANTS OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT (DKT. #92 -7) by Judge John A. Kronstadt. (shb)
July 16, 2019 Opinion or Order Filing 110 SEALED ORDER RULING ON DEFENDANTS AND COUNTER-CLAIMANTS GREGORY CARGILL AND JOHN FURNARIS OBJECTIONS TO THE DECLARATION OF IVAN TODOROV IN SUPPORT OF OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT (DKT. #82 ) by Judge John A. Kronstadt. (shb)
July 16, 2019 Opinion or Order Filing 109 SEALED ORDER RULING ON DEFENDANTS AND COUNTER-CLAIMANTS GREGORY CARGILL AND JOHN FURNARIS OBJECTIONS TO THE DECLARATION OF DEAN SHALIT IN SUPPORT OF OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT (DKT. #81 ) by Judge John A. Kronstadt. (shb)
July 16, 2019 Opinion or Order Filing 108 SEALED MINUTES (IN CHAMBERS) UNDER SEAL ORDER RE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT (DKT. 36, REDACTED; DKT. 48, SEALED); DEFENDANTS AND COUNTER-CLAIMANTS GREGORY CARGILL AND JOHN FURNARIS REQUEST FOR LEAVE TO FILE OPPOSITION TO PLAINTIFF 34 CABOT HOLDINGS, LLCS MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT FOR GOOD CAUSE PURSUANT TO COURT ORDER DATED NOVEMBER 27, 2018 (DKT. 72) by Judge John A. Kronstadt: (shb) Modified on 7/18/2019 (shb).
April 2, 2019 Opinion or Order Filing 107 (IN CHAMBERS) ORDER RE NOTICE OF AMENDED STANDING ORDER by Judge John A. Kronstadt: Counsel are advised that on March 25, 2019, the Court amended its Consolidated Standing Order. Counsel shall refer to this Court's Procedures and Schedules found on the website for the United States District Court (http://www.cacd.uscourts.gov/honorable-john-kronstadt) to obtain a copy of the Order. The March 25, 2019 version of the Consolidated Standing Order is effective in this action immediately. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY
February 21, 2019 Filing 106 EXHIBIT Filed filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. Redacted - Exhibit D as to Sealed Document, #104 , Order on Motion for Leave to File Document Under Seal, #103 . (Kane, Matthew)
February 21, 2019 Filing 105 CERTIFICATE OF SERVICE filed by Plaintiff 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC, re Sealed Document, #104 served on 02/21/19. (Kane, Matthew)
February 21, 2019 Filing 104 SEALED DOCUMENT Exhibits A, B, D and E to the Second Supplemental Declaration of Matthew C. Kane re Order on Motion for Leave to File Document Under Seal, #103 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit D, #4 Exhibit E)(Kane, Matthew)
February 20, 2019 Opinion or Order Filing 103 ORDER GRANTING PLAINTIFF'S APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL [L.R. 79-5.2.2.] (DKT. #100 ) by Judge John A. Kronstadt. The Application is GRANTED. On or before Febraury 25, 2019, 34 Cabot shall file the documents listed above under seal. 34 Cabot shall also file redacted versions of those documents not sealed in their entirety. (bp)
February 15, 2019 Filing 102 SUPPLEMENT to SEALED NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT re Order on Motion for Leave to File Document Under Seal,, #47 #48 filed by Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
February 15, 2019 Filing 101 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits A, B, D & E to Declaration of Matthew Kane in Support of Supplemental Brief on Timeliness under seal #100 filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Unredacted Document)(Kane, Matthew)
February 15, 2019 Filing 100 APPLICATION to file document Exhibits A, B, D & E to Declaration of Matthew Kane in Support of Supplemental Brief on Timeliness under seal filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order)(Kane, Matthew)
February 15, 2019 Filing 99 MEMORANDUM in Opposition to SEALED NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT re Order on Motion for Leave to File Document Under Seal,, #47 #48 Defendants and Counter-Claimants Gregory Cargill and John Furnari's Supplemental Brief in Support of Opposition to Plaintiff's Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Attachments: #1 Exhibit 1-4)(Rothstein, Glen)
February 13, 2019 Filing 98 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/11/19, 8:30 AM re Transcript #97 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Joko, Alexander) TEXT ONLY ENTRY
February 13, 2019 Filing 97 TRANSCRIPT for proceedings held on 2/11/19, 8:30 AM. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/6/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/14/2019. (Joko, Alexander)
February 11, 2019 Filing 96 MINUTES OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT (DKT. #36 , REDACTED - DKT. #48 , SEALED) Hearing held before Judge John A. Kronstadt. The Court directs the parties to file supplemental briefs, not to exceed three pages, no later than February 15, 2019. The briefs shall address whether Defendants' contention as to fraud with respect to the June 2015 Releases was timely raised. Any references to the docket shall include the docket number(s) or citations. Copies of the cited material shall also be attached to the briefs. Upon receipt of the supplemental briefs, the Motion will be taken UNDER SUBMISSION and a ruling will be issued. Defense counsel reports that the parties met with the Honorable Margaret Nagle (Ret.) for a settlement conference. A settlement was not reached. Defense counsel states that Defendants are willing to return to Judge Nagle for a second session. Plaintiff's counsel reports that Plaintiff would be open to a further session after the final ruling on the Motion is issued. Court Reporter: Alex Joko. (lom)
February 11, 2019 Filing 95 TRANSCRIPT ORDER as to Defendants and Counter-Claimants Gregory Cargill, John Furnari for Court Reporter. Court will contact Glen A. Rothstein at gar@grothsteinlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Rothstein, Glen)
January 25, 2019 Filing 94 PROOF OF SERVICE filed by Plaintiffs 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC, re Sealed Document,,,,,, #92 served on January 25, 2019. (Kane, Matthew)
January 25, 2019 Filing 93 REPLY in support of SEALED NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT re Order on Motion for Leave to File Document Under Seal,, #47 #48 , NOTICE OF MOTION AND MOTION for Summary Judgment #36 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Redacted Document Suppl Decl of Matthew C. Kane ISO Plaintiff's MSJ - Part 1, #2 Redacted Document Suppl Decl of Matthew C. Kane ISO Plaintiff's MSJ - Part 2, #3 Redacted Document Suppl Decl of Matthew C. Kane ISO Plaintiff's MSJ - Part 3, #4 Redacted Document Suppl Decl of Matthew C. Kane ISO Plaintiff's MSJ - Part 4, #5 Redacted Document Suppl Decl of Matthew C. Kane ISO Plaintiff's MSJ - Part 5, #6 Redacted Document Suppl Decl of Matthew C. Kane ISO Plaintiff's MSJ - Part 6, #7 Redacted Document 34 Cabot's Evidentiary Objections to Decl of Glen A. Rothstein, #8 Redacted Document [Proposed] Order Granting Plaintiff's Evidentiary Objections to Decl Glen A. Rothstein)(Kane, Matthew)
January 25, 2019 Filing 92 SEALED DOCUMENT 34 Cabot's Reply In Support of Motion for Summary Judgment, or, In the Alternative, Partial Summary Judgment re Order on Motion for Leave to File Document Under Seal, #91 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Declaration Part 1, #2 Declaration Part 2, #3 Declaration Part 3, #4 Declaration Part 4, #5 Declaration Part 5, #6 Declaration Part 6, #7 Unredacted Document Evidentiary Objections to Declaration of Glen A. Rothstein, #8 Proposed Order Re Evidentiary Objections to Declaration of Glen A. Rothstein, #9 Unredacted Document Reply to Defendants' Response to Separate Statement of Undisputed Facts, #10 Unredacted Document Reply to Defendants' Additional Material Facts In Support of Opposition to MSJ, #11 Unredacted Document Response to Defendants' Objections to Declaration of Dean Shalit ISO the MSJ, #12 Unredacted Document Response to Defendants' Objections to the Declaration of Ivan Todorov ISO the MSJ, #13 Unredacted Document Evidentiary Objections to Declaration of Jeffrey C. Hass ISO Defendants' Opposition to the MSJ, #14 Proposed Order Re Evidentiary Objections to Declaration of Jeffrey C. Hass ISO Defendants' Opposition to the MSJ, #15 Unredacted Document Evidentiary Objections to Declaration of Gregory Cargill, #16 Proposed Order Re Evidentiary Objections to Declaration of Gregory Cargill)(Kane, Matthew)
January 23, 2019 Opinion or Order Filing 91 ORDER RE PLAINTIFF'S APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL #87 by Judge John A. Kronstadt. The Application is GRANTED. On or before January 25, 2019, Plaintiff shall file the documents listed below under seal. Plaintiff shall also file redacted versions of those documents not sealed in their entirety. See document for details. (lom)
January 23, 2019 Filing 90 PROOF OF SERVICE filed by Plaintiff 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC, re Sealed Declaration in SupportDeclaration,, #88 served on 01/23/2019. (Kane, Matthew)
January 22, 2019 Filing 89 RESPONSE filed by Plaintiff 34 Cabot Holdings, LLCto REQUEST for Leave to file Opposition to Plaintiff 34 Cabot Holdings, LLC's Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment for Good Cause Pursuant to Court Order Dated November 27, 2018 #72 (Kane, Matthew)
January 22, 2019 Filing 88 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in Support of Motion for Summary Judgement under seal #87 filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Declaration Unredacted, #2 Declaration Unredacted, #3 Declaration Unredacted, #4 Declaration Unredacted, #5 Declaration Unredacted, #6 Unredacted Document, #7 Unredacted Document, #8 Unredacted Document, #9 Unredacted Document, #10 Unredacted Document, #11 Unredacted Document, #12 Unredacted Document, #13 Unredacted Document, #14 Proposed Order, #15 Proposed Order, #16 Proposed Order)(Kane, Matthew)
January 22, 2019 Filing 87 APPLICATION to file document in Support of Motion for Summary Judgement under seal filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Redacted Document, #2 Redacted Document, #3 Unredacted Document, #4 Redacted Document, #5 Redacted Document, #6 Redacted Document, #7 Redacted Document, #8 Redacted Document, #9 Redacted Document, #10 Proposed Order, #11 Proposed Order)(Kane, Matthew)
January 16, 2019 Opinion or Order Filing 86 ORDER RE STIPULATION TO CONTINUE PLAINTIFFS DEADLINE TO FILE REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT BY ONE DAY (DKT. 85) by Judge John A. Kronstadt #85 . Having reviewed the Stipulation, and good cause appearing therefor, the Stipulation is GRANTED. It is ORDERED as follows: Plaintiffs deadline to file its MSJ Reply shall be and hereby is continued from January 21, 2019 to and including January 22, 2019; Subject to further Order of the Court, there is no continuance of the February 11, 2019 hearing on the MSJ. (See order for further details) (yl)
January 14, 2019 Filing 85 STIPULATION to Continue Deadline To File Reply In Support Of Motion For Summary Judgment Or, In The Alternative, Partial Summary Judgment from January 21, 2019 to January 22, 2019 filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order)(Kane, Matthew)
December 27, 2018 Filing 84 PROOF OF SERVICE filed by Defendants and Counter-Claimants Gregory Cargill, John Furnari, re Sealed Document,,,,,,,, #83 , Sealed Document,, #78 , Sealed Document,, #81 , Sealed Document, #79 , Sealed Document,, #77 , Sealed Document, #80 , Sealed Document,, #82 , Sealed Opposition, #76 served on December 27, 2018. (Rothstein, Glen)
December 27, 2018 Filing 83 SEALED DOCUMENT (Declaration of Glen A. Rothstein in Support of Defendants' and Counter-Claimants' Opposition to Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment) re NOTICE OF MOTION AND MOTION for Summary Judgment #36 , Order on Motion for Leave to File Document Under Seal, #75 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Attachments: #1 Exhibit 1 to Declaration of Glen Rothstein, #2 Exhibit 2 to Declaration of Glen Rothstein, #3 Exhibit 3 to Declaration of Glen Rothstein, #4 Exhibit 4 to Declaration of Glen Rothstein, #5 Exhibit 5 to Declaration of Glen Rothstein, #6 Exhibit 6 to Declaration of Glen Rothstein, #7 Exhibit 7 to Declaration of Glen Rothstein, #8 Exhibit 8 to Declaration of Glen Rothstein, #9 Exhibit 9 to Declaration of Glen Rothstein, #10 Exhibit 10 to Declaration of Glen Rothstein, #11 Exhibit 11 to Declaration of Glen Rothstein, #12 Exhibit 12 to Declaration of Glen Rothstein, #13 Exhibit 13 to Declaration of Glen Rothstein, #14 Exhibit 14 to Declaration of Glen Rothstein, #15 Exhibit 15 to Declaration of Glen Rothstein (Part 1), #16 Exhibit 15 to Declaration of Glen Rothstein (Part 2), #17 Exhibit 15 to Declaration of Glen Rothstein (Part 3), #18 Exhibit 15 to Declaration of Glen Rothstein (Part 4), #19 Exhibit 15 to Declaration of Glen Rothstein (Part 5), #20 Exhibit 15 to Declaration of Glen Rothstein (Part 6), #21 Exhibit 15 to Declaration of Glen Rothstein (Part 7), #22 Exhibit 15 to Declaration of Glen Rothstein (Part 8), #23 Exhibit 15 to Declaration of Glen Rothstein (Part 9), #24 Exhibit 15 to Declaration of Glen Rothstein (Part 10), #25 Exhibit 15 to Declaration of Glen Rothstein (Part 11), #26 Exhibit 15 to Declaration of Glen Rothstein (Part 12), #27 Exhibit 15 to Declaration of Glen Rothstein (Part 13), #28 Exhibit 16 to Declaration of Glen Rothstein)(Rothstein, Glen)
December 27, 2018 Filing 82 SEALED DOCUMENT (Defendants and Counter-Claimants Gregory Cargill and John Furnari's Objections to the Declaration of Ivan Todorov in Support of Defendants' and Counter-Claimants' Opposition to Motion for Summary Judgment, on in the Alternative Partial Summary Judgment) re Declaration (Motion related), #37 , NOTICE OF MOTION AND MOTION for Summary Judgment #36 , Order on Motion for Leave to File Document Under Seal, #75 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Attachments: #1 Proposed Order to Objections to Declaration of Ivan Todorov)(Rothstein, Glen)
December 27, 2018 Filing 81 SEALED DOCUMENT (Defendants and Counter-Claimants Gregory Cargill and John Furnari's Objections to the Declaration of Dean Shalit in Support of Defendants' and Counter-Claimants' Opposition to Motion for Summary Judgment, on in the Alternative Partial Summary Judgment) re Declaration (Motion related), #38 , NOTICE OF MOTION AND MOTION for Summary Judgment #36 , Order on Motion for Leave to File Document Under Seal, #75 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Attachments: #1 Proposed Order to Objections to Declaration of Dean Shalit)(Rothstein, Glen)
December 27, 2018 Filing 80 SEALED DOCUMENT (Declaration of Jeffrey C. Hass in Support of Defendants' and Counter-Claimants' Opposition to Motion for Summary Judgment, on in the Alternative Partial Summary Judgment) re NOTICE OF MOTION AND MOTION for Summary Judgment #36 , Order on Motion for Leave to File Document Under Seal, #75 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari.(Rothstein, Glen)
December 27, 2018 Filing 79 SEALED DOCUMENT (Declaration of Gregory Cargill in Support of Defendants' and Counter-Claimants' Opposition to Motion for Summary Judgment, on in the Alternative Partial Summary Judgment) re NOTICE OF MOTION AND MOTION for Summary Judgment #36 , Order on Motion for Leave to File Document Under Seal, #75 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari.(Rothstein, Glen)
December 27, 2018 Filing 78 SEALED DOCUMENT (Defendants and Counter-Claimants Gregory Cargill and John Furnari's Statement of Genuine Additional Material Facts in Support of Opposition to Plaintiff's Motion for Summary Judgment, or in the Alternative Partial Summary Judgment) re NOTICE OF MOTION AND MOTION for Summary Judgment #36 , Order on Motion for Leave to File Document Under Seal, #75 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari.(Rothstein, Glen)
December 27, 2018 Filing 77 SEALED DOCUMENT (Defendants and Counter-Claimants Gregory Cargill and John Furnari's Statement of Genuine Disputes of Material Facts in Opposition to Plaintiff's Motion for Summary Judgment, or in the Alternative Partial Summary Judgment) re NOTICE OF MOTION AND MOTION for Summary Judgment #36 , Order on Motion for Leave to File Document Under Seal, #75 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari.(Rothstein, Glen)
December 27, 2018 Filing 76 SEALED OPPOSITION RE NOTICE OF MOTION AND MOTION for Summary Judgment #36 , Order on Motion for Leave to File Document Under Seal, #75 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari.(Rothstein, Glen)
December 21, 2018 Opinion or Order Filing 75 ORDER Re Defendants Application to File Under Seal Portions of Defendants Opposition to Plaintiff's Motion for Summary Judgment, or in the Alternative partial Summary Judgment (DKT. #70 ) by Judge John A. Kronstadt, the Application is GRANTED. (SEE ORDER FOR FURTHER SPECIFICS). (jp)
December 17, 2018 Opinion or Order Filing 74 ORDER RE STIPULATION TO (A) VACATE OR, ALTERNATIVELY, CONTINUE PROVISIONAL EXPERT DISCOVERY COMPLETION DEADLINE, AND (B) CONTINUE PLAINTIFF'S DEADLINE TO FILE REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT (DKT. 63) by Judge John A. Kronstadt. The following currently scheduled deadlines are continued as follows: Provisional Expert Discovery Completion Deadline - March 15, 2019; Plaintiff's Deadline to File Reply to Motion for Summary Judgment - January 21, 2019. See Order for details. (lom)
December 14, 2018 Filing 73 PROOF OF SERVICE filed by Defendants and Counter-Claimants Gregory Cargill, John Furnari, re Sealed Declaration in SupportDeclaration,,,,,,,,,,, #71 served on December 14, 2018. (Rothstein, Glen)
December 14, 2018 Filing 72 REQUEST for Leave to file Opposition to Plaintiff 34 Cabot Holdings, LLC's Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment for Good Cause Pursuant to Court Order Dated November 27, 2018 filed by Defendants and Counter-Claimants Gregory Cargill, John Furnari. (Attachments: #1 Declaration Declaration of Glen A. Rothstein, #2 Proposed Order) (Rothstein, Glen)
December 14, 2018 Filing 71 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in Opposition to Motion for Summary Judgment under seal #70 filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Attachments: #1 Unredacted Document (Opposition to Motion for Summary Judgment), #2 Unredacted Document (Declaration of Gregory Cargill), #3 Unredacted Document (Declaration of Jeffrey Hass), #4 Unredacted Document (Declaration of Glen A. Rothstein), #5 Unredacted Document (Ex. 1 to Rothstein Declaration), #6 Unredacted Document (Ex. 2 to Rothstein Declaration), #7 Unredacted Document (Ex. 3 to Rothstein Declaration), #8 Unredacted Document (Ex. 4 to Rothstein Declaration), #9 Unredacted Document (Ex. 5 to Rothstein Declaration), #10 Unredacted Document (Ex. 6 to Rothstein Declaration), #11 Unredacted Document (Ex. 7 to Rothstein Declaration), #12 Unredacted Document (Ex. 8 to Rothstein Declaration), #13 Unredacted Document (Ex. 9 to Rothstein Declaration), #14 Unredacted Document (Ex. 10 to Rothstein Declaration), #15 Unredacted Document (Ex. 11 to Rothstein Declaration), #16 Unredacted Document (Ex. 12 to Rothstein Declaration), #17 Unredacted Document (Ex. 13 to Rothstein Declaration), #18 Unredacted Document (Ex. 14 to Rothstein Declaration), #19 Unredacted Document (Ex. 15 to Rothstein Declaration - Part 1), #20 Unredacted Document (Ex. 15 to Rothstein Declaration - Part 2), #21 Unredacted Document (Ex. 15 to Rothstein Declaration - Part 3), #22 Unredacted Document (Ex. 15 to Rothstein Declaration - Part 4), #23 Unredacted Document (Ex. 15 to Rothstein Declaration - Part 5), #24 Unredacted Document (Ex. 15 to Rothstein Declaration - Part 6), #25 Unredacted Document (Ex. 15 to Rothstein Declaration - Part 7), #26 Unredacted Document (Ex. 15 to Rothstein Declaration - Part 8), #27 Unredacted Document (Ex. 15 to Rothstein Declaration - Part 9), #28 Unredacted Document (Ex. 15 to Rothstein Declaration - Part 10), #29 Unredacted Document (Ex. 15 to Rothstein Declaration - Part 11), #30 Unredacted Document (Ex. 15 to Rothstein Declaration - Part 12), #31 Unredacted Document (Ex. 15 to Rothstein Declaration - Part 13), #32 Exhibit 16 to Rothstein Declaration, #33 Unredacted Document (Statement of Disputes of Material Facts in Opposition to Motion for Summary Judgment), #34 Unredacted Document (Additional Material Facts in Support of Opposition to Motion for Summary Judgment), #35 Unredacted Document (Evidentiary Objections to the Declaration of Dean Shalit), #36 Proposed Order Re Evidentiary Objections to the Declaration of Dean Shalit), #37 Unredacted Document (Evidentiary Objections to the Declaration of Ivan Todorov), #38 Proposed Order Re Evidentiary Objections to Ivan Todorov)(Rothstein, Glen)
December 14, 2018 Filing 70 APPLICATION to file document in Opposition to Motion for Summary Judgment under seal filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Attachments: #1 Proposed Order, #2 Redacted Document (Opposition to MSJ), #3 Redacted Document (Declaration of Gregory Cargill), #4 Redacted Document (Declaration of Jeff Hass), #5 Redacted Document (Declaration of Glen A. Rothstein), #6 Redacted Document (Statement of Disputes of Material Facts in Opposition to Motion for Summary Judgment), #7 Redacted Document (Additional Material Facts in Support of Opposition to Motion for Summary Judgment))(Rothstein, Glen)
December 14, 2018 Filing 69 STATEMENT of GENUINE ADDITIONAL MATERIAL FACTS IN SUPPORT OF OPPOSITION TO MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT SEALED NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT re Order on Motion for Leave to File Document Under Seal,, #47 #48 , NOTICE OF MOTION AND MOTION for Summary Judgment #36 (REDACTED) filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Rothstein, Glen)
December 14, 2018 Filing 68 STATEMENT of GENUINE DISPUTES OF MATERIAL FACTS IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT SEALED NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT re Order on Motion for Leave to File Document Under Seal,, #47 #48 , NOTICE OF MOTION AND MOTION for Summary Judgment #36 (REDACTED) filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Rothstein, Glen)
December 14, 2018 Filing 67 DECLARATION of Glen A. Rothstein in Opposition to SEALED NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT re Order on Motion for Leave to File Document Under Seal,, #47 #48 , NOTICE OF MOTION AND MOTION for Summary Judgment #36 (REDACTED) filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Rothstein, Glen)
December 14, 2018 Filing 66 DECLARATION of Jeff Hass in Opposition to SEALED NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT re Order on Motion for Leave to File Document Under Seal,, #47 #48 , NOTICE OF MOTION AND MOTION for Summary Judgment #36 (REDACTED) filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Rothstein, Glen)
December 14, 2018 Filing 65 DECLARATION of Craig Cargill in Opposition to SEALED NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT re Order on Motion for Leave to File Document Under Seal,, #47 #48 , NOTICE OF MOTION AND MOTION for Summary Judgment #36 (REDACTED) filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Rothstein, Glen)
December 14, 2018 Filing 64 MEMORANDUM in Opposition to SEALED NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT re Order on Motion for Leave to File Document Under Seal,, #47 #48 , NOTICE OF MOTION AND MOTION for Summary Judgment #36 (REDACTED) filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Rothstein, Glen)
December 7, 2018 Filing 63 Joint STIPULATION to Vacate or alternatively, Continue Provisional Expert Discovery Completion Deadline; and Continue Plaintiff's Deadline to File Reply In Support of Motion for Summary Judgment, or In the Alternative, Partial Summary Judgment filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order)(Kane, Matthew)
November 27, 2018 Opinion or Order Filing 62 (IN CHAMBERS) ORDER RE OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Dkts. 36, 48) by Judge John A. Kronstadt: Pursuant to this Court's Order of October 25, 2018 (Dkt. #58 ), Defendants' opposition to Plaintiff's Motion for Summary Judgment ("Motion" (Dkts. #36 , #48 )) was due by November 9, 2018. No such opposition has been filed. Defendants shall file any opposition to the Motion no later than December 14, 2018. Defendants shall also file a separate request, by December 14, 2018, to file the opposition, which shall explain the reason why the opposition was not timely filed and why the Court should accept the late-filed opposition. The Court will determine whether the request will be granted at the hearing or in its ruling should it determine that a hearing is not necessary. If the opposition and request are not filed by December 14, 2018, the Court will deem the Motion unopposed and the Court will make its determination upon the papers that have been submitted. If the opposition and request are filed by December 14, 2018, any reply shall be filed no later than January 7, 2019. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc1, ) TEXT ONLY ENTRY
November 16, 2018 Filing 61 RESPONSE filed by Plaintiff 34 Cabot Holdings, LLC (Kane, Matthew)
November 15, 2018 Filing 60 NOTICE of Non-Receipt of Plaintiff and Counter-Defendants' Motion for Summary Judgment or, in the Alternative Partial Summary Judgment, Per Court Order Dated August 30, 2018 [Dkt. #59] filed by Defendants and Counter-Claimants Gregory Cargill, John Furnari. (Attachments: #1 Declaration of Glen A. Rothstein, #2 Exhibit 1-4 to Declaration of Glen A. Rothstein)(Rothstein, Glen)
November 10, 2018 Filing 59 NOTICE of Non-Receipt of Defendants' Opposition to Plaintiff's Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment filed by Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
October 25, 2018 Opinion or Order Filing 58 ORDER RE STIPULATION TO CONTINUE PROVISIONAL EXPERT DISCOVERY COMPLETION DEADLINE AND BRIEFING DEADLINES ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DKT. 57) by Judge John A. Kronstadt. The Stipulation is GRANTED. It is ordered that: The discovery and briefing deadlines in this action are continued as follows: Provisional Expert Discovery Completion Deadline 12/7/18, Motion for Summary Judgment Opposition Deadline 11/9/18, Motion for Summary Judgment Reply Deadline 12/21/18. (bp)
October 19, 2018 Filing 57 Joint STIPULATION to Continue (1) Provisional Expert Discovery Completion Deadline; (2) & (3) Briefing Deadlines on Plaintiff's Motion for Summary Judgment from (1) October 25, 2018, (2) October 26, 2018; (3) November 16, 2018 to (1) December 7, 2018; (2) November 9, 2018; (3) December 21, 2018 Re: Status Conference - optional html form #34 , Text Only Scheduling Notice,, 55 filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order)(Kane, Matthew)
October 12, 2018 Filing 56 STATUS REPORT (Joint) Re: Completion of Expert Discovery {Dkt. #34] filed by Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
October 8, 2018 Opinion or Order Filing 55 (IN CHAMBERS) ORDER CONTINUING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT (DKT. #36 #48 ) by Judge John A. Kronstadt: The Court, on its own motion, continues the Motion from January 14, 2019 to February 11, 2019 at 8:30 a.m. Any opposition to the Motion shall be filed by October 26, 2018, with the reply to be filed by November 16, 2018. The Motion will be advanced if an earlier date becomes available. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
October 2, 2018 Opinion or Order Filing 54 ORDER RE DEFENDANTS' AND COUNTER-CLAIMANTS EX PARTE APPLICATION AND EX PARTE APPLICATION FOR AN ORDER STRIKING PLAINTIFF 34 CABOT HOLDING, LLC'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT FOR FAILURE TO COMPLY WITH THE PRE-FILING CONFERENCE OF COUNSEL REQUIREMENTS MANDATED BY LOCAL RULE 7- 3 AND REQUEST FOR SANCTIONS RELATED THERETO by Judge John A. Kronstadt, #49 . The Application is DENIED. (iv)
October 1, 2018 Filing 53 Opposition re: EX PARTE APPLICATION to Strike Declaration (Motion related), #37 , Declaration (Motion related), #38 , SEALED NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT re Order on Motion for Lea #49 filed by Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
October 1, 2018 Filing 52 NOTICE of Withdrawal of Erroneously-Filed Version of Opposition to Ex Parte Application filed by Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
October 1, 2018 Filing 51 [WITHDRAWN PURSUANT TO DOCKET ENTRY #52] EXHIBIT Filed filed by Plaintiff 34 Cabot Holdings, LLC. B - E to Declaration of Matthew Kane as to Objection/Opposition (Motion related), #50 . (Kane, Matthew) Modified on 10/4/2018 (bp).
October 1, 2018 Filing 50 [WITHDRAWN PURSUANT TO DOCKET ENTRY #52] Opposition Opposition re: EX PARTE APPLICATION to Strike Declaration (Motion related), #37 , Declaration (Motion related), #38 , SEALED NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT re Order on Motion for Lea #49 filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Exhibit)(Kane, Matthew) Modified on 10/4/2018 (bp).
September 28, 2018 Filing 49 EX PARTE APPLICATION to Strike Declaration (Motion related), #37 , Declaration (Motion related), #38 , SEALED NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT re Order on Motion for Leave to File Document Under Seal,, #47 #48 , Statement (Motion related) #41 , Exhibit to Motion #40 , Declaration (Motion related), #39 , NOTICE OF MOTION AND MOTION for Summary Judgment #36 filed by Defendants and Counter-Claimants Gregory Cargill, John Furnari. (Attachments: #1 Declaration of Glen A. Rothstein, #2 Exhibit A-C to Declaration of Glen A. Rothstein, #3 Exhibit D-F to Declaration of Glen A. Rothstein, #4 Proposed Order) (Rothstein, Glen)
September 28, 2018 Filing 48 SEALED NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT re Order on Motion for Leave to File Document Under Seal,, #47 filed by Plaintiff 34 Cabot Holdings, LLC. Motion set for hearing on 1/14/2019 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Supplement Motion for Summary Judgment (Part 2), #2 Declaration of Dean Shalit, #3 Declaration of Ivan Todorov, #4 Declaration of Robert Murray, #5 Supplement Statement of Uncontroverted Facts)(Kane, Matthew)
September 27, 2018 Opinion or Order Filing 47 ORDER RE PLAINTIFF'S APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL [DKT. 44] by Judge John A. Kronstadt: Having considered Plaintiff 34 Cabot Holdings, LLCs ("34 Cabot") Application for Leave to File Documents Under Seal ("Application" (Dkt. 44)) with respect to those documents filed concurrently and in connection with 34 Cabots Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment, and good cause appearing, the Application is GRANTED. The following documents or portions thereof shall be sealed, and redacted versions of the documents filed where applicable: (See order for further details) (yl)
September 25, 2018 Filing 46 PROOF OF SERVICE filed by Plaintiff 34 Cabot Holdings, LLC, re APPLICATION to file document under seal #44 served on 09/25/2018. (Kane, Matthew)
September 25, 2018 Filing 45 Notice of Withdrawal of Leave to File Document Under Seal #42 filed by Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
September 25, 2018 Filing 44 APPLICATION to file document under seal filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order, #2 Unredacted Document Motion for Summary Judgment, #3 Unredacted Document Declaration, #4 Unredacted Document Declaration, #5 Unredacted Document Declaration, #6 Unredacted Document Separate Statement)(Kane, Matthew)
September 25, 2018 Filing 43 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment #36 (Attachments: #1 Proposed Judgment)(Beverlin, Amy)
September 25, 2018 Filing 42 [WITHDRAWN PER DKT. #45 ] APPLICATION to file document under seal filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order)(Kane, Matthew) Modified on 9/27/2018 (ake).
September 25, 2018 Filing 41 REDACTED STATEMENT of Uncontroverted Facts NOTICE OF MOTION AND MOTION for Summary Judgment #36 filed by Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew) Modified on 9/26/2018 (ake).
September 25, 2018 Filing 40 REDACTED EXHIBIT A-G to NOTICE OF MOTION AND MOTION for Summary Judgment #36 filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Exhibit C, #2 Exhibit D-G)(Kane, Matthew) Modified on 9/26/2018 (ake).
September 25, 2018 Filing 39 REDACTED DECLARATION of Robert Murray in Support of Plaintiff's Motion for Summary Judgment or, in the Alternative, Summary Adjudication NOTICE OF MOTION AND MOTION for Summary Judgment #36 filed by Plaintiff 34 Cabot Holdings, LLC. (Beverlin, Amy) Modified on 9/26/2018 (ake).
September 25, 2018 Filing 38 REDACTED DECLARATION of Dean Shalit in Support of Plaintiff's Motion for Summary Judgment or, in the Alternative, Summary Adjudication NOTICE OF MOTION AND MOTION for Summary Judgment #36 filed by Plaintiff 34 Cabot Holdings, LLC. (Beverlin, Amy) Modified on 9/26/2018 (ake).
September 25, 2018 Filing 37 REDACTED DECLARATION of Ivan Todorov in Support of Plaintiff's Motion for Summary Judgment or, in the Alternative, Summary Adjudication NOTICE OF MOTION AND MOTION for Summary Judgment #36 filed by Plaintiff 34 Cabot Holdings, LLC. (Beverlin, Amy) Modified on 9/26/2018 (ake).
September 25, 2018 Filing 36 REDACTED NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff 34 Cabot Holdings, LLC. Motion set for hearing on 1/14/2019 at 08:30 AM before Judge John A. Kronstadt. (Kane, Matthew) Modified on 9/26/2018 (ake).
September 5, 2018 Filing 35 STATUS REPORT [Dkt. #34] filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kane, Matthew)
August 30, 2018 Filing 34 CONTINUED POST MEDIATION STATUS CONFERENCE held before Judge John A. Kronstadt: Court Reporter: Alex Joko. (SEE CIVIL MINUTES FOR SPECIFICS) (bp)
August 27, 2018 Filing 33 POST MEDIATION STATUS CONFERENCE held before Judge John A. Kronstadt: The Court CONTINUES the Post Mediation Status Conference to August 30, 2018 at 11:30 a.m. If counsel with to appear by phone, they shall contact the Clerk no later than 4:00 pm on August 29, 2018, to obtain information for the call. Court Reporter: Alex Joko. (bp)
August 23, 2018 Filing 32 SUPPLEMENTAL PORTION OF JOINT REPORT of SETTLEMENT filed by Counter Claimants Gregory Cargill, John Furnari, Defendants Gregory Cargill, John Furnari. (Rothstein, Glen)
August 20, 2018 Opinion or Order Filing 31 (IN CHAMBERS) ORDER ADVANCING TIME OF POST MEDIATION STATUS CONFERENCE (DKT. #26 ) by Judge John A Kronstadt: The Court, on its own motion, advances the time of the August 27, 2018 Status Conference from 1:30 pm to 8:30 am. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
August 17, 2018 Filing 30 JOINT REPORT of SETTLEMENT filed by Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
August 17, 2018 Opinion or Order Filing 29 ORDER APPROVING STIPULATED PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth. (NOTE: CHANGES MADE BY THE COURT) See document for details. #28 (sbou)
July 25, 2018 Filing 28 Joint STIPULATION for Protective Order filed by Plaintiff and Counter Defendant 34 Cabot Holdings, LLC, 34 Cabot Holdings, LLC. (Attachments: #1 Proposed Order Approving Stipulated Protective Order)(Kane, Matthew)
February 20, 2018 Opinion or Order Filing 27 ORDER/REFERRAL to ADR Procedure No 3 by Judge John A. Kronstadt. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 8/13/18. Status Conference set for 8/27/2018 01:30 PM before Judge John A. Kronstadt. (pso)
February 12, 2018 Filing 26 MINUTES OF SCHEDULING CONFERENCE held before Judge John A. Kronstadt. The scheduling conference is held. The Court confers with counsel regarding the parties' February 2, 2018 Joint Report and sets the following deadlines: Last day to amend or add parties 2/12/2018. Non-Expert Discovery cut-off 8/13/2018. Last day to file all Motions 9/24/2018. Post Mediation Status Conference set for 8/27/2018 01:30 PM before Judge John A. Kronstadt. Court Reporter: Alex Joko. (SEE CIVIL MINUTES FOR SPECIFICS) (bp)
February 2, 2018 Filing 25 JOINT REPORT Rule 26(f) Discovery Plan and Rule 16(b) ; estimated length of trial 3 to 5 days, filed by Counter Defendant 34 Cabot Holdings, LLC, Plaintiff 34 Cabot Holdings, LLC.. (Attachments: #1 Exhibit A)(Kane, Matthew)
January 17, 2018 Filing 24 ANSWER to Counterclaim #22 filed by Counter-Defendant 34 Cabot Holdings, LLC.(Kane, Matthew)
January 3, 2018 Opinion or Order Filing 23 MINUTE ORDER IN CHAMBERS ORDER DISMISSING DOE PARTIES 11-50 and ROE PARTIES 11-50 by Judge John A. Kronstadt: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the complaint as to Doe Defendants 11 through 50 and the counter-claim as to Roe Counter-Defendants 11 through 50. (bp)
December 21, 2017 Filing 22 COUNTERCLAIM against Counter-Defendant 34 Cabot Holdings, LLC, filed by Defendants and Counter-Claimants John Furnari, Gregory Cargill.(Rothstein, Glen)
December 21, 2017 Filing 21 ANSWER to Complaint (Attorney Civil Case Opening) #1 and Affirmative Defenses filed by Defendants Gregory Cargill, John Furnari.(Rothstein, Glen)
December 21, 2017 Opinion or Order Filing 20 ORDER STRIKING ELECTRONICALLY FILED DOCUMENTS by Judge John A. Kronstadt: The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Deficiency in Electronically Filed Documents (G-112A) - optional html form #19 , for the following reasons: Pursuant to the Court's Standing Order (Dkt. #10 at #20 ), all initiating documents are to be filed as a separate document. Counsel shall re-file the Answer and Counterclaim as two separate documents no later than December 22, 2017. (ah)
December 15, 2017 Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening), Counterclaim #15 . The following error(s) was/were found: Pursuant to Judge Kronstad's Standing Order, counsel shall comply with Local Rule 3 when filing pleadings, all initiating pleadings, including third-party complaint, amended complaints, complaints in intervention, counterclaims and cross claims, shall be filed as a separate document.. 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. (bp)
December 14, 2017 Opinion or Order Filing 18 ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Scheduling Conference set for February 12, 2018 at 01:30 PM before Judge John A. Kronstadt. Joint Rule 16(b)/26(f) Report due February 2, 2018. (ah)
December 14, 2017 Opinion or Order Filing 17 (IN CHAMBERS) ORDER REGARDING CASE NUMBER by Judge John A. Kronstadt: This action has been assigned to the Honorable John A. Kronstadt, United States District Judge. The case number now reads: LA CV17-08117 JAK (JPRx) or 2:17-cv-08117-JAK-JPR. Please be sure to include the initials of the District Judge and Magistrate Judge in the case number on all future filings. This will ensure that the courtesy copies of all documents are routed properly. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
December 13, 2017 Filing 16 Certification and NOTICE of Interested Parties filed by Defendants and Counter-Claimants Gregory Cargill, John Furnari, identifying Gregory Cargill, John Furnari, 34 Cabot Holdings, LLC, formerly known as Blitz Digital Studios, LLC, Ivan Todorov and Ken Martin. (Rothstein, Glen)
December 13, 2017 Filing 15 (STRICKEN PURSUANT TO DKT. #20 )ANSWER to Complaint (Attorney Civil Case Opening) #1 Affirmative Defenses, COUNTERCLAIM against 34 Cabot Holdings, LLC filed by Defendants John Furnari, Gregory Cargill.(Rothstein, Glen) Modified on 12/21/2017 (ah).
December 7, 2017 Filing 14 Second STIPULATION Extending Time to Answer the complaint as to Gregory Cargill answer now due 12/13/2017; John Furnari answer now due 12/13/2017, re Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff 34 Cabot Holdings, LLC.(Kane, Matthew)
November 22, 2017 Filing 13 STIPULATION Extending Time to Answer the complaint as to Gregory Cargill answer now due 12/8/2017; John Furnari answer now due 12/8/2017, re Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff 34 Cabot Holdings, LLC.(Kane, Matthew)
November 20, 2017 Filing 12 PROOF OF SERVICE Executed by Plaintiff 34 Cabot Holdings, LLC, upon Defendant John Furnari served on 11/8/2017, answer due 11/29/2017. Service of the Summons and Complaint were executed upon JOHN FURNARI in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. (Kane, Matthew)
November 20, 2017 Filing 11 PROOF OF SERVICE Executed by Plaintiff 34 Cabot Holdings, LLC, upon Defendant Gregory Cargill served on 11/8/2017, answer due 11/29/2017. Service of the Summons and Complaint were executed upon GREGORY CARGILL in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. (Kane, Matthew)
November 9, 2017 Opinion or Order Filing 10 STANDING ORDERS FOR CIVIL CASES by Judge John A. Kronstadt. Refer to the Court's order for details. (pso)
November 7, 2017 Filing 9 21 DAY Summons issued re Complaint #1 as to defendant John Furnari. (esa)
November 7, 2017 Filing 8 21 DAY Summons issued re Complaint #1 as to defendant Gregory Cargill. (esa)
November 7, 2017 Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: Other error(s) with document(s): Civil Cover Sheet is attached to the Complaint. It should have been filed and entered separately under its correct event. No further action is required regarding this item. (esa)
November 7, 2017 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
November 7, 2017 Filing 5 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Jean P. Rosenbluth. (esa)
November 7, 2017 Filing 4 NOTICE of Interested Parties filed by Plaintiff 34 Cabot Holdings, LLC, identifying Plaintiff 34 Cabot Holdings, LLC; Ivan Todorov; Ken Martin; Defendant Gregory Cargill; Defendant John Furnari. (Kane, Matthew)
November 7, 2017 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
November 7, 2017 Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff 34 Cabot Holdings, LLC. (Kane, Matthew)
November 7, 2017 Filing 1 COMPLAINT Receipt No: 0973-20790554 - Fee: $400, filed by Plaintiff 34 Cabot Holdings, LLC. (Attachments: #1 Civil Cover Sheet) (Attorney Matthew Charles Kane added to party 34 Cabot Holdings, LLC(pty:pla))(Kane, Matthew)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Central District Court's Electronic Court Filings (ECF) System

Search for this case: 34 Cabot Holdings, LLC v. Gregory Cargill et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Does 1 through 50, inclusive
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: John Furnari
Represented By: Glen A Rothstein
Represented By: Ira M Steinberg
Represented By: James Swearingen
Represented By: Lauren Rose Fishelman
Represented By: Lori L Werderitch
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: DOES 1-10
Represented By: Ira M Steinberg
Represented By: Lori L Werderitch
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: 34 Cabot Holdings, LLC
Represented By: Amy E Beverlin
Represented By: Sabrina A Beldner
Represented By: Matthew Charles Kane
Represented By: Bethany Gayle Lukitsch
Represented By: Kamran Benjamin Ahmadian
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter claimant: Gregory Cargill
Represented By: Glen A Rothstein
Represented By: Ira M Steinberg
Represented By: James Swearingen
Represented By: Lauren Rose Fishelman
Represented By: Lori L Werderitch
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: ROES
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: BLITZ DIGITAL STUDIOS, LLC, a California limited liability company
Represented By: Matthew Charles Kane
Represented By: Amy E Beverlin
Represented By: Bethany Gayle Lukitsch
Represented By: Kamran Benjamin Ahmadian
Represented By: Sabrina A Beldner
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?