Delta Dawgs Construction Corporation et al v. SERVPRO Industries, Inc. et al
| Delta Dawgs Construction Corporation, Paul Woloski and Tammy Woloski |
| SERVPRO Industries, Inc., Richard Conner and Ricky Conner |
| 2:2018cv02907 |
| April 7, 2018 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| John A Kronstadt |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 14, 2019. A more recent docket listing may be available from PACER.
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| Filing 48 NOTICE TO FILER OF DEFICIENCIES RE DEFENDANT'S ELECTRONICALLY FILED REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THEIR MOTION TO DISMISS, STAY, OR TRANSFER THE ACTION (DKT. #47 ) by Judge John A. Kronstadt: Please take notice that pursuant to Local Rule 5-4 and/or the Federal Rules of Civil Procedure, the following deficiency(ies) has been found with your electronically filed document: The title of the document filed does not match the docket text. The document is titled as a Request for Judicial Notice in Support of Their Motion to Dismiss, Stay, or Transfer the Action and it is efiled as Dockets 13-2 and 22-3 re Order on Motion for Leave to File Document Under Seal. The Court will accept the document as filed. The Clerk shall alter the docket text to reflect the correct title of the document. However, counsel shall adhere to the CM/ECF Procedures when efiling documents. Any future document that is filed will be stricken if the title of the document and the docket text do not match. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY |
| Filing 47 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THEIR MOTION TO DISMISS, STAY, OR TRANSFER THE ACTION RE re: Order on Motion for Leave to File Document Under Seal, #46 (Attachments: #1 Exhibit)(Marchiano, Karen) Modified on 5/14/2019 (shb). Modified on 5/14/2019 (shb). Modified on 5/17/2019 (ake). (Originally filed as: Dockets 13-2 and 22-3 |
Filing 46
ORDER GRANTING JOINT APPLICATION FOR LEAVE TO FILE UNDER SEAL (DKT. 44) by Judge John A. Kronstadt: The Clerk is directed to seal the following documents that were previously filed in this matter: Dkt 13-2 AND Dkt 22-3. Servpro shall file redacted versions of Dkt. 13-2 and Dkt. 22-3 on the docket no later than May 14, 2018. (shb)
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| Filing 45 SEALED DECLARATION IN SUPPORT OF First APPLICATION to file document Dockets 13-2 and 22-3 under seal #44 filed by Defendants Richard Conner, SERVPRO Industries, Inc.. (Attachments: #1 Unredacted Document, #2 Unredacted Document)(Marchiano, Karen) |
| Filing 44 First APPLICATION to file document Dockets 13-2 and 22-3 under seal filed by Defendants Richard Conner, SERVPRO Industries, Inc.. (Attachments: #1 Redacted Document, #2 Redacted Document, #3 Proposed Order)(Marchiano, Karen) |
| Filing 43 TEXT-ONLY ENTRY - RECEIVED Notice of Receipt of Electronic Case Transfer from Middle District of Tennessee, 3:18-cv-00785 filed 8/20/2018. (iv) |
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Filing 42
MINUTE ORDER (IN CHAMBERS) DEFENDANTS' MOTION TO DISMISS, STAY OR TRANSFER THE ACTION #22 by Judge John A. Kronstadt. For the reasons stated in this Order, the Motion is GRANTED and the action is transferred to the U.S. District Court for the Middle District of Tennessee. IT IS SO ORDERED. Original file, certified copy of the transfer order and docket sheet sent. (MD JS-6. Case Terminated.) (lom)
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| Filing 41 MINUTES OF DEFENDANTS' MOTION TO DISMISS, STAY OR TRANSFER THE ACTION (DKT. 22) DEFENDANTS' MOTION TO STAY DISCOVERY AND PRETRIAL PROCEEDINGS PENDING RESOLUTION OF DISPOSITIVE MOTION (DKT. 17, 24) held before Judge John A. Kronstadt: The motion hearing is held. The Court states its tentative views that it is inclined to grant Defendants' Motion to Dismiss, Stay or Transfer the Action (the "Transfer Motion") and transfer this action to the Middle District of Tennessee. Plaintiffs counsel states that he does not intend to commence discovery until after the final ruling on the Motion, which would make moot Defendants Motion to Stay Discovery and Pretrial Proceedings Pending Resolution of Dispositive Motion (the Stay Motion). Counsel address the Court. The Court takes the Transfer Motion UNDER SUBMISSION and a ruling will be issued. The Stay Motion is MOOT; subject, however, to counsel conferring and filing the appropriate application. The scheduling conference is not held. The Court DEFERS setting dates until the final ruling on the Transfer Motion is issued. IT IS SO ORDERED. Court Reporter: Anne Kielwasser. (yl) |
| Filing 40 NOTICE of Decision: Defendants' motion to dismiss pursuant to FRCP 12(b)(3) or, in the alternative, to transfer case to CDCA filed by Defendants SERVPRO Industries, Inc.. (Attachments: #1 Exhibit A)(Marchiano, Karen) |
| Filing 39 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff Delta Dawgs Construction Corporation.. (Attachments: #1 Exhibit)(Franceschi, Ernest) |
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Filing 38
ORDER RE DEFENDANTS SERVPRO INDUSTRIES, INC.'S AND RICHARD CONNER'S EX PARTE APPLICATION FOR AN INTERIM STAY PENDING RESOLUTION OF JULY 23 DISPOSITIVE MOTION #26 by Judge John A. Kronstadt. The Court hereby orders: The briefing schedule on the pending motion for class certification is VACATED, and an amended schedule shall be addressed during the July 23, 2018 hearing; and The request to stay discovery, Servpro's obligation to respond to Delta Dawg's outstanding document requests, and the parties obligations under Fed. R. Civ. P.16 and 26 is DENIED. The parties' joint Rule 16/26 report shall include proposed collective or respective proposed dates for the amended class certification briefing schedule if the Court were to deny Servpro's motion to dismiss, stay, or transfer this action. IT IS SO ORDERED. (lom)
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| Filing 37 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Case Stay, or Transfer the Action #22 filed by Defendants Richard Conner, SERVPRO Industries, Inc.. (Attachments: #1 Declaration of Paul Blaum)(Sims, Nancy) |
| Filing 36 NOTICE OF LODGING filed [PROPOSED] ORDER re EX PARTE APPLICATION to Stay Case pending Resolution of July 23 Dispositive Motion #26 (Attachments: #1 Proposed Order)(Sims, Nancy) |
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Filing 35
ORDER TO STRIKE 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: Miscellaneous Document, #33 , for the following reasons: Proposed Document was not submitted as separate attachment. Proposed orders are to be lodged and not filed. Counsel shall lodge the proposed order by filing a "Notice of Lodging of Proposed Order Re..." with the proposed order attached to the Notice no later than June 22, 2018.; (bp)
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Filing 34
(IN CHAMBERS) ORDER CONTINUING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION (DKT. #28 ) by Judge John A. Kronstadt: The Court, on its own motion, continues the Motion from July 23, 2018 to October 15, 2018 at 8:30 a.m. Any response shall be filed by July 23, 2018, with the reply to be filed by August 20, 2018. The Court will advance the hearing date if an earlier date becomes available on the Court's calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 33 [STRICKEN PURSUANT TO DOCKET ENTRY #35] Proposed Order on Defendants Servpro Industries, Inc.'s and Richard Conner's Ex Parte Application for an Interim Stay Pending Resolution of July 23 Dispositive Motion filed by Defendants Richard Conner, SERVPRO Industries, Inc. re: EX PARTE APPLICATION to Stay Case pending Resolution of July 23 Dispositive Motion #26 (Sims, Nancy) Modified on 6/21/2018 (bp). |
| Filing 32 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Stay Case pending Discovery and other proceedings pending resolution of dispositive motion (in Response to First Amended Complaint) #24 SECOND MOTION FOR STAY filed by Plaintiff Delta Dawgs Construction Corporation. (Franceschi, Ernest) |
| Filing 31 NOTICE OF ERRATA filed by Plaintiff Delta Dawgs Construction Corporation. correcting Declaration (Motion related) #30 , NOTICE OF MOTION AND MOTION to Certify Class #28 (Attachments: #1 Declaration)(Franceschi, Ernest) |
| Filing 30 DECLARATION of Tammy Woloski In Support of Class Certificaton NOTICE OF MOTION AND MOTION to Certify Class #28 filed by Plaintiff Tammy Woloski. (Franceschi, Ernest) |
| Filing 29 MEMORANDUM in Opposition to EX PARTE APPLICATION to Stay Case pending Resolution of July 23 Dispositive Motion #26 filed by Plaintiff Delta Dawgs Construction Corporation. (Attachments: #1 Exhibit)(Franceschi, Ernest) |
| Filing 28 NOTICE OF MOTION AND MOTION to Certify Class Delta Dawgs Construction Corporation. Motion set for hearing on 7/23/2018 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order) (Franceschi, Ernest) |
| Filing 27 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Stay, or Transfer the Action #22 filed by Plaintiff Delta Dawgs Construction Corporation. (Attachments: #1 Declaration, #2 Declaration, #3 Exhibit)(Franceschi, Ernest) |
| Filing 26 EX PARTE APPLICATION to Stay Case pending Resolution of July 23 Dispositive Motion filed by Defendants Richard Conner, SERVPRO Industries, Inc.. (Attachments: #1 Declaration of Nancy Nguyen Sims in Support of Defendants Servpro Industries, Inc.'s and Richard Conner's Ex Parte Application for an Interim Stay Pending Resolution of July 23 Dispositive Motion) (Sims, Nancy) |
| Filing 25 NOTICE OF ERRATA filed by Defendants Richard Conner, SERVPRO Industries, Inc.. correcting NOTICE OF MOTION AND MOTION to Stay Case pending Discovery and other proceedings pending resolution of dispositive motion (in Response to First Amended Complaint) #24 RE: DECLARATION OF ROBB HARVEY (Sims, Nancy) |
| Filing 24 NOTICE OF MOTION AND MOTION to Stay Case pending Discovery and other proceedings pending resolution of dispositive motion (in Response to First Amended Complaint) filed by Defendants Richard Conner, SERVPRO Industries, Inc.. Motion set for hearing on 7/23/2018 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum of Pints and Authorities, #2 Declaration of Karen Marchiano with Exhibits, #3 Declaration of Robb Harvey) (Sims, Nancy) |
| Filing 23 REPLY In Support of NOTICE OF MOTION AND MOTION to Stay pending Discovery and Pretrial Proceedings Pending Resolution of Dispositive Motion #17 filed by Defendants Richard Conner, SERVPRO Industries, Inc.. (Sims, Nancy) |
| Filing 22 NOTICE OF MOTION AND MOTION to Dismiss Case Stay, or Transfer the Action filed by Defendants Richard Conner, SERVPRO Industries, Inc.. Motion set for hearing on 7/23/2018 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss, Stay, or Transfer the Action, #2 Request for Judicial Notice in Support of Motion to Dismiss, Stay, or Transfer the Action, #3 Exhibit A through C, #4 Exhibit D through H) (Sims, Nancy) |
| Filing 21 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Stay pending Discovery and Pretrial Proceedings Pending Resolution of Dispositive Motion #17 filed by Plaintiff Delta Dawgs Construction Corporation. (Franceschi, Ernest) |
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Filing 20
(IN CHAMBERS) ORDER RE DEFENDANTS' MOTION TO DISMISS, STAY OR TRANSFER THE ACTION (DKT. 13) by Judge John A. Kronstadt: In light of the First Amended Complaint, (Dkt. 19), the Motion is MOOT. Should the Defendants wish to renew their motion based on the First Amended Complaint, such shall be filed on or before June 11, 2018, with the hearing to remain scheduled for July 23, 2018 at 8:30 a.m. (bp)
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| Filing 19 First Amended Complaint AMENDED COMPLAINT against All Defendants All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Delta Dawgs Construction Corporation (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Franceschi, Ernest) |
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Filing 18
(IN CHAMBERS) ORDER CONTINUING DEFENDANTS' MOTION TO STAY DISCOVERY AND PRETRIAL PROCEEDINGS PENDING RESOLUTION OF DISPOSITIVE MOTION (DKT. #17 ) by Judge John A. Kronstadt: The Court, on its own motion, continues the Motion from July 2, 2018 to July 23, 2018 at 8:30 a.m., to be heard with the other matters on calendar. Counsel shall refer to the Court's Standing Order with respect to the briefing schedule for motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 17 NOTICE OF MOTION AND MOTION to Stay pending Discovery and Pretrial Proceedings Pending Resolution of Dispositive Motion filed by Defendants Richard Conner, SERVPRO Industries, Inc.. Motion set for hearing on 7/2/2018 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Stay Discovery and Other Proceedings Pending Resolution of Dispositive, #2 Declaration of Karen C. Marchiano, #3 Declaration of Kevin Elkins, #4 Proposed Order) (Sims, Nancy) |
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Filing 16
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Report due by 7/13/2018., Scheduling Conference set for 7/23/2018 at 08:30 AM. (SEE ORDER FOR SPECIFICS) (bp)
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Filing 15
(IN CHAMBERS) ORDER CONTINUING DEFENDANTS' SERVEPRO INDUSTRIES, INC. AND RICHARD CONNER'S MOTION TO DISMISS, STAY OR TRANSFER THE ACTION (DKT. #13 ) by Judge John A. Kronstadt: The Court, on its own motion, continues the Motion from June 18, 2018 to July 23, 2018 at 8:30 a.m. Counsel shall refer to the Court's Standing Order with respect to the briefing schedule for motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 14 NOTICE of Interested Parties filed by Defendants Richard Conner, SERVPRO Industries, Inc., identifying Delta Dawgs Construction Corporation (Plaintiff); Tammy Woloski (Plaintiff); Paul Wolosky (Plaintiff); Servpro Industries, Inc. (Defendant); Richard Conner (Defendant); Servpro Holding Company, Inc. (Parent corporation of Defendant Servpro Industries, Inc.. (Sims, Nancy) |
| Filing 13 [MOOT PER DKT. #20 ] NOTICE OF MOTION AND MOTION to Dismiss Case Stay, or Transfer the Action filed by Defendants Richard Conner, SERVPRO Industries, Inc.. Motion set for hearing on 6/18/2018 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum of Points and Authorities in Support of Their Motion to Dismiss, Stay, or Transfer the Action, #2 Request for Judicial Notice in Support of Their Motion to Dismiss, Stay, or Transfer the Action with Exhibit A-C, #3 Exhibit Request for Judicial Notice Exhibits D through H, #4 Declaration of Karen C. Marchiano with Exhibit A, #5 Declaration of Randall Isaacson In Support of Motion to Dismiss, Stay, or Transfer the Action, #6 Exhibit Declaration of Randall Isaacon Exhibits C through H) (Attorney Nancy Nguyen Sims added to party Richard Conner(pty:dft), Attorney Nancy Nguyen Sims added to party SERVPRO Industries, Inc.(pty:dft)) (Sims, Nancy) Modified on 5/30/2018 (ake). |
| Filing 12 COMPLAINT with filing fee previously paid ($400.00 paid on 04/07/2018, receipt number 268TRVDT), filed by Plaintiff Delta Dawgs Construction Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Franceschi, Ernest) |
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Filing 11
STANDING ORDERS FOR CIVIL CASES by Judge John A. Kronstadt. Refer to the Court's order for details. (pso)
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| Filing 10 NOTICE TO PARTIES by U.S. Magistrate Judge Jacqueline Chooljian. Effective, April 11, 2018, Judge Chooljian will be located at the Edward R. Roybal Federal Building and U.S. Courthouse ("Roybal Building"), located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 750 on the 7th floor of the Roybal Building. All mandatory chambers copies shall be hand delivered to the judge's mail box located outside of the Clerk's Office on the 12th floor of the Roybal Building. Paper civil and criminal documents exempted from electronic filing shall be filed in Room 180 on the Terrace Level of the Roybal Building. Magistrate Judge Chooljian's Courtroom Deputy Clerk, Kerri Hays, may be reached at (213) 894-2921. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendants Richard Conner, SERVPRO Industries, Inc. (jp) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jp) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Jacqueline Chooljian. (jp) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Delta Dawgs Construction Corporation. (Franceschi, Ernest) |
| Filing 5 CIVIL COVER SHEET filed by Plaintiff Delta Dawgs Construction Corporation. (Franceschi, Ernest) |
| Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff Delta Dawgs Construction Corporation, (Franceschi, Ernest) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Delta Dawgs Construction Corporation. (Franceschi, Ernest) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Delta Dawgs Construction Corporation. (Franceschi, Ernest) |
| Filing 1 COMPLAINT Receipt No: 0973-21547582 - Fee: $400, filed by Plaintiff Delta Dawgs Construction Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Attorney Ernest J Franceschi, Jr added to party Delta Dawgs Construction Corporation(pty:pla))(Franceschi, Ernest) |
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