Baxter Bailey and Associates v. Ready Pac Foods, Inc. et al
| Baxter Bailey & Associates and Baxter, Bailey and Associates, Inc. |
| Ready Pac Foods, Inc., TKM-Bengard Farms, LLC, DOES 1 though 100 and Does 1 to 100 |
| 2:2018cv08246 |
| September 24, 2018 |
| US District Court for the Central District of California |
| Andre Birotte |
| Gail J Standish |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| None |
Docket Report
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| Filing 66 BILL OF COSTS. Costs taxed in the amount of $400.00 in favor of Defendant Ready Pac Foods, Inc. and against Plaintiff Baxter, Bailey and Associates. RE: APPLICATION to the Clerk to Tax Costs against plaintiff Baxter, Bailey and Associates, Inc. #65 (vmun) |
| Filing 65 APPLICATION to the Clerk to Tax Costs against plaintiff Baxter, Bailey and Associates, Inc. filed by defendant Ready Pac Foods, Inc.. (Attachments: #1 Exhibit A) (Kehagiaras, Andrew) |
| Filing 64 JUDGMENT by Judge Andre Birotte Jr.: The Court, having granted the defendants' motion for summary judgment #41 , enters judgment in favor of Defendants Ready Pac Foods, Inc. ("Ready Pac") and TKM-Bengard Farms, LLC ("TKM") and against plaintiff Baxter Bailey & Associates ("Baxter"). IT IS ORDERED AND ADJUDGED that Baxter complaint in the action is dismissed with prejudice. Baxter take nothing from either Ready Pac or TKM. (MD JS-6, Case Terminated). (gk) |
| Filing 63 NOTICE OF LODGING filed re Order on Motion for Summary Judgment, #62 (Attachments: #1 proposed judgment)(Kehagiaras, Andrew) |
Filing 62
MINUTES (IN CHAMBERS) ORDER GRANTING MOTION FOR SUMMARY JUDGMENT by Judge Andre Birotte Jr.: The Court GRANTS Defendants' Motion for Summary Judgment #41 . Defendants are ORDERED to file a Proposed Judgment within seven days of this order. Court Reporter: N/A. (gk)
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| Filing 61 MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Ready Pac Foods, Inc.'s Motion for Summary Judgment #41 . The Courtroom Deputy Clerk distributes the Court's tentative rulings prior to the case being called. The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motion under submission. Court Reporter: Maria Bustillos. (gk) |
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Filing 60
MINUTES (IN CHAMBERS) ORDER DENYING REQUEST FOR LEAVE TO FILE SUPPLEMENTAL POINTS AND AUTHORITIES by Judge Andre Birotte Jr.: Styled as a "Request," Plaintiff's Request for Leave to File Supplemental Points & Authorities in Support of Opposition to Motion for Summary Judgment #54 seeks leave to file a surreply. Plaintiff's Request for Leave to File a Surreply is DENIED. See document for further details. Court Reporter: N/A. (gk)
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Filing 59
ORDER GRANTING REQUEST TO APPEAR BY TELEPHONE FOR 2/21/2020 MOTION HEARING by Judge Andre Birotte Jr.: The Court hereby GRANTS the request of Defendant TKM-Bengard Farms, LLC's for its counsel Lawrence H. Meuers to appear by telephone at the 2/21/2020 motion hearing #58 . (gk)
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| Filing 58 REQUEST to of Lawrence H. Meuers to Appear for Motion Hearing on February 21, 2020 at 10:00 a.m. Telephonically [DE 41] [DE 57] filed by Plaintiff TKM-Bengard Farms, LLC. (Attachments: #1 Proposed Order) (Meuers, Lawrence) |
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Filing 57
(IN CHAMBERS) ORDER CONTINUING READY PAC FOODS, INC.'S MOTION FOR SUMMARY JUDGMENT #41 by Judge Andre Birotte Jr. This Court, on its own motion, hereby continues the hearing date regarding this motion from February 14, 2020, to Friday, February 21, 2020, at 10:00 a.m. before Judge Andre Birotte Jr. The Request for Telephonic Appearance #56 is denied as moot. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 56 REQUEST for Leave of Lawrence H. Meuers to Appear for Motion Hearing on February 14, 2020 at 10:00 a.m. Telephonically [DE 41] [DE 55] filed by Defendant TKM-Bengard Farms, LLC. (Attachments: #1 Proposed Order) (Meuers, Lawrence) |
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Filing 55
MINUTES (IN CHAMBERS) Order by Judge Andre Birotte Jr.: The Court hereby CONTINUES the Motion for Summary Judgment #41 to 2/14/2020 at 10:00 AM. The pretrial filing deadlines, the final pretrial conference, and the trial date are hereby VACATED and will be reset if necessary after the Motion for Summary Judgment is resolved. The Request to Appear by Telephone for 12/20/2019 Motion Hearing #52 is DENIED without prejudice. Court Reporter: N/A. (gk)
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| Filing 54 REQUEST for Leave to file SUPPLEMENTAL POINTS & AUTHORITIES IN SUPPORT OF OPPOSITION TO MOTION FOR SUMMARY JUDGMENT filed by plaintiff Baxter, Bailey and Associates, Inc.. (Attachments: #1 Proposed Order LEAVE TO FILE SUPPLEMENTAL POINTS AND AUTHORITIES IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT) (GRANT, RICHARD) |
| Filing 52 REQUEST to of Lawrence H. Meuers to Appear for December 20, 2019, Motion Hearing by Telephone [DE 41] filed by Defendant TKM-Bengard Farms, LLC. (Attachments: #1 Proposed Order) (Meuers, Lawrence) |
| Filing 53 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Plaintiff's Proposed Documents #46 , #47 , #49 . The document is stricken and counsel is ordered to file an amended or corrected document immediately. (gk) |
| Filing 51 OBJECTION to the Plaintiff's Request to File a Supplemental Memorandum in opposition to re: First REQUEST to Supplement Plaintiff''s Memorandum of P&A in Support of Opposition to Motion for Summary Judgment re NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint #41 #48 filed by Defendant Ready Pac Foods, Inc.. (Kehagiaras, Andrew) |
| Filing 50 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First REQUEST to Supplement PLAINTFF'S MEORANDUM IN OPPOSITION re NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint #41 #46 , First REQUEST for Order for Plaintiff's Supplemental Memorandum of Points & Authorities in Support of Opposition to Motion for Summary Judgment #49 , First REQUEST to Supplement Plaintiff''s Memorandum of P&A in Support of Opposition to Motion for Summary Judgment re NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint #41 #47 . The following error(s) was/were found: This document tendered for the judge's approval should have been submitted as a separate PDF attachment to the Request, document number 48, or a Notice of Lodging, Local Rule 5-4.4.1. 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. (gk) |
| Filing 49 * STRICKEN * First REQUEST for Order for Plaintiff's Supplemental Memorandum of Points & Authorities in Support of Opposition to Motion for Summary Judgment filed by plaintiff Baxter, Bailey and Associates, Inc.. (GRANT, RICHARD) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 12/16/2019 #53 ** Modified on 12/17/2019 (gk). |
| Filing 48 First REQUEST to Supplement Plaintiff''s Memorandum of P&A in Support of Opposition to Motion for Summary Judgment re NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint #41 filed by plaintiff Baxter, Bailey and Associates, Inc.. (GRANT, RICHARD) |
| Filing 47 * STRICKEN * First REQUEST to Supplement Plaintiff''s Memorandum of P&A in Support of Opposition to Motion for Summary Judgment re NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint #41 filed by plaintiff Baxter, Bailey and Associates, Inc.. (GRANT, RICHARD) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 12/16/2019 #53 ** Modified on 12/17/2019 (gk). |
| Filing 46 * STRICKEN * First REQUEST to Supplement PLAINTFF'S MEORANDUM IN OPPOSITION re NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint #41 filed by plaintiff Baxter, Bailey and Associates, Inc.. (Attachments: #1 Proposed Order PLAINTFF'S PROPOSED ORDER OF THE COURT FOR PLAINTIFF TO FILE A SUPPLEMENTAL MEORANDUM IN OPPOSITION) (GRANT, RICHARD) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 12/16/2019 #53 ** Modified on 12/17/2019 (gk). |
| Filing 45 OBJECTION to Replies to Evidentiary Objections in support of re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint #41 filed by Defendant Ready Pac Foods, Inc.. (Kehagiaras, Andrew) |
| Filing 44 REPLY NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint #41 REPLY TO EVIDENTIARY OBJECTIONS TO JT REESOR DECLARATION filed by Plaintiff Baxter, Bailey and Associates, Inc.. (Attachments: #1 Supplement REPLY TO EVIDENTARY OBJECTIONS TO BP FREIGHT DECLARATION, #2 Supplement REPLY TO EVIDENTIARY OBJECTIONS-EMKO INC DECLARATION, #3 Supplement REPLY TO EVIDENTIARY OBJECTIONS TO GLOBAL ENTERPRISES DECLARATION, #4 Supplement REPLY TO EVIDENTIARY OBJECTIONS TO KAVKAZ EXPRESS DECLARATION, #5 Supplement REPLY TO EVIDENTIARY OBJECTIONS TO MAM TRUCKING DECLARATION, #6 Supplement REPLY TO EVIDENTIARY OBJECTIONS TO PAR EXPRESS DECLARATION, #7 Supplement REPLY TO EVIDENTIARY OBJECTIONS TO PRIME LOGISTICS DECLARATION, #8 Supplement REPLY TO EVIDENTIARY OBJECTIONS TO S&S TRUCKLINE DECLARATION, #9 Supplement REPLY TO EVIDENTIARY OBJECTIONS TO VARGAS BUS ENT DECLARATION)(GRANT, RICHARD) |
| Filing 43 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint #41 filed by Defendant Ready Pac Foods, Inc.. (Attachments: #1 Declaration of A. Kehagiaras, #2 Exhibit A, #3 Exhibit B, #4 Evidentiary Objections to JT Reesor Declaration, #5 Evidentiary Objections to BP Freight Declaration, #6 Evidentiary Objections to Emko Declaration, #7 Evidentiary Objections to Global Declaration, #8 Evidentiary Objections to Kavkaz Declaration, #9 Evidentiary Objections to MAM Declaration, #10 Evidentiary Objections to PAR Declaration, #11 Evidentiary Objections to Prime Declaration, #12 Evidentiary Objections to S&S Declaration, #13 Evidentiary Objections to Vargas Declaration)(Kehagiaras, Andrew) |
| Filing 42 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint #41 filed by Plaintiff Baxter, Bailey and Associates, Inc.. (Attachments: #1 Memorandum P&A'S IN SUPPORT OF OPPOSITION, #2 Memorandum STMT OF GENUINE ISSUES OF FACT IN SUPPORT OF OPPOSITION, #3 Declaration DECL OF R GRANT IN SUPPORT OF OPPOSITION, #4 Declaration DECL OF JT REESOR IN SUPPORT OF OPPOSITION, #5 Declaration DECL OF BP FREIGHT IN SUPPORT OF OPPOSITION, #6 Declaration DECL OF EMKO INC IN SUPPORT OF OPPOSITION, #7 Declaration DECL OF GLOBAL ENTERPRISES IN SUPPORT OF OPPOSITION, #8 Declaration DECL OF KAVKAZ EXPRESS IN SUPPORT OF OPPOSITION, #9 Declaration DECL OF MAM TRUCKING IN SUPPORT OF OPPOSITION, #10 Declaration DECL OF PAR EXPRESS IN SUPPORT OF OPPOSITION, #11 Declaration DECL OF PRIME LOGISTICS, #12 Declaration DECL OF S&S TRUCKLINE IN SUPPORT OF OPPOSITION, #13 Declaration DECL OF VARGAS BUSINESS ENTERPRISES IN SUPPORT OF OPPOSITION, #14 Proposed Order MOTION FOR MSJ)(GRANT, RICHARD) |
| Filing 41 NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint filed by defendant Ready Pac Foods, Inc.. Motion set for hearing on 12/20/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum, #2 Declaration of P. Owens, #3 Exhibit A, #4 Exhibit B, #5 Declaration of D. Yuan, #6 Exhibit A, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D, #10 Declaration of M. Stevens, #11 Declaration of A. Kehagiaras, #12 Exhibit 1, #13 Exhibit 2, #14 Exhibit 3, #15 Statement of Uncontroverted Facts, #16 Ntc of Lodging Unreported Auth, #17 Exhibit A, #18 Exhibit B, #19 Exhibit C, #20 Exhibit D, #21 Proposed Judgment) (Kehagiaras, Andrew) |
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Filing 40
ORDER by Judge Andre Birotte Jr. Granting Request for Approval of Substitution of Attorney Andrew D. Kehagiaras for Defendant Ready Pac Foods, Inc. in place of Attorneys Marisa Janine-Page and Caitlin E. Macker #39 . (gk)
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| Filing 39 REQUEST TO SUBSTITUTE ATTORNEY Andrew D. Kehagiaras in place of attorney Marisa Janine-Page and Caitlin E. Macker filed by defendant Ready Pac Foods, Inc.. (Attachments: #1 Proposed Order) (Attorney Andrew D Kehagiaras added to party Ready Pac Foods, Inc.(pty:dft)) (Kehagiaras, Andrew) |
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Filing 38
ORDER GRANTING LEAVE TO FILE UNDER SEAL EXHIBITS IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT by Judge Andre Birotte Jr.: The Court hereby GRANTS defendants Ready Pac Foods, Inc. ("Ready Pac") and TKM-Bengard Farms, LLC's ("TKM") Unopposed Application for Leave to File Under Seal Exhibits in Support of Defendants' Motion For Summary Judgment #37 . IT IS HEREBY ORDERED THAT leave is given to file under seal exhibits in support of Defendant's Motion for Summary that contain the described confidential business and financial information. Such documents must be filed under seal pursuant to Local Rule 79-5 and the Court's Guide to Electronically Filing Under-Seal Documents in Civil Cases. The hearing that Defendant set for 8/30/2019 is VACATED. (gk)
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| Filing 37 APPLICATION for Leave to file Exhibits Under Seal in Support of Motion for Summary Judgment filed by Defendant Ready Pac Foods, Inc.. Application set for hearing on 8/30/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Marisa Janine-Page) (Janine-Page, Marisa) |
| Filing 36 MINUTES OF Settlement Conference held before Magistrate Judge Gail J. Standish. The settlement conference is conducted off the record. There is no settlement at this time. Court Recorder: CS - Roybal Courtroom 640. (ec) |
| Filing 35 MINUTES OF Pre-Settlement ConferenceTelephone Call held before Magistrate Judge Gail J. Standish regarding scheduling a settlement conference. The Court schedules a Settlement Conference in the matter for 2/7/2019 01:30 PM before Magistrate Judge Gail J. Standish. The confidential settlement conference letters are due on or before 2/5/2019. Court Recorder: N/A. (ec) |
| Filing 34 NOTICE by Magistrate Judge Gail J. Standish scheduling a Pre-Settlement Conference Telephone Call for 1/28/2019 at 11:00 AM before Magistrate Judge Gail J. Standish. Counsel shall meet and confer to set up a bridge line and provide the call in information to the Court. Additionally, counsel shall notify the Court Clerk via email at GJS_chambers@cacd.uscourts.gov of the name of each counsel appearing on the call. NOTE: During the telephone hearing, counsel must identify themselves before they speak for the benefit of the Court and the Court Recorder/Reporter.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ec) TEXT ONLY ENTRY |
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Filing 33
ORDER RE JURY/COURT TRIAL: I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Jury Trial set for 3/31/2020 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference and Hearing on Motions In Limine set for 2/7/2020 11:00 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 3/29/2019. Non-Expert Discovery cut-off 7/1/2019. Last Date to Hear Motions 12/20/2019. Deadline to Complete Settlement Conference 10/1/2019. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by 1/10/2020. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 1/24/2020. See document for further details. (gk)
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Filing 32
ORDER/REFERRAL to ADR Procedure No 1 by Judge Andre Birotte Jr. Case ordered to Magistrate Judge Standish for Settlement Conference. ADR Proceeding to be held no later than 10/1/2019. (cb)
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Filing 31
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the January 11, 2019, Scheduling Conference. Order re Jury/Court Trial to issue. The Request for Telephonic Appearance (Dkt. No. 30) is denied as moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 30 REQUEST for Leave of Lawrence H. Meuers to Appear for January 11, 2019 Scheduling Conference by Telephone [DE 11] filed by Defendant TKM-Bengard Farms, LLC. (Attachments: #1 Proposed Order) (Meuers, Lawrence) |
| Filing 29 NOTICE OF ERRATA filed by Defendant Ready Pac Foods, Inc.. correcting Report #28 Joint Rule 26(f) Report (Attachments: #1 Certificate of Service)(Janine-Page, Marisa) |
| Filing 28 REPORT of JOINT RULE 26(f) Report filed by Plaintiff Baxter, Bailey and Associates, Inc.. (Grant, Richard) |
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Filing 27
MINUTES (IN CHAMBERS) ORDER DENYING MOTION TO STAY by Judge Andre Birotte Jr.: The Motion to Stay #19 is DENIED. In light of the expense involved litigating this case compared with the amount in dispute, the Court urges the parties to consider early mediation. The parties should be able to craft a settlement that accounts for whatever recovery Plaintiff may secure in the Florida Proceeding. If the parties believe meeting with a Magistrate Judge would assist them, they should so inform the Court. Court Reporter: N/A. (gk)
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| Filing 26 MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Defendant Ready Pac Foods, Inc.'s Motion to Stay Proceedings #19 . The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motion under submission. Court Reporter: Chia Mei Jui. (gk) |
| Filing 25 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending State Parallel Proceeding #19 filed by Defendant TKM-Bengard Farms, LLC. (Meuers, Lawrence) |
| Filing 24 NOTICE of Junior Counsel to Conduct Any Oral Argument on the Motion to Stay Proceedings filed by Defendant Ready Pac Foods, Inc.. (Attachments: #1 Certificate of Service)(Janine-Page, Marisa) |
| Filing 23 NOTICE of Change of Attorney Business or Contact Information: for attorney Marisa Janine-Page counsel for Defendant Ready Pac Foods, Inc.. Changing Address to 3398 Carmel Mountain Road, Suite 250, San Diego, California 92121. Filed by Defendant Ready Pac Foods, Inc.. (Attachments: #1 Certificate of Service)(Janine-Page, Marisa) |
| Filing 22 REPLY In Support Of NOTICE OF MOTION AND MOTION to Stay Case pending State Parallel Proceeding #19 filed by Defendant Ready Pac Foods, Inc.. (Attachments: #1 Certificate of Service)(Janine-Page, Marisa) |
| Filing 21 ANSWER to Complaint - (Discovery), and Affirmative Defenses filed by Defendant TKM-Bengard Farms, LLC.(Meuers, Lawrence) |
| Filing 20 PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO STAY PROCEEDINGS OPPOSITION re: NOTICE OF MOTION AND MOTION to Stay Case pending State Parallel Proceeding #19 OPPOSITION AND RELATED DOCUMENTS filed by Plaintiff Baxter, Bailey and Associates, Inc.. (Attachments: #1 Memorandum MEMORANDUM OF POINTS & AUTHORITIES IS SUPPORT OF OPPOSITION TO MOTION TO STAY PROCEEDINGS, #2 Declaration DECLARATION OF RICHARD L. GRANT IN SUPPORT OF OPPOSITION TO MOTION TO STAY PROCEEDINGS, #3 Proposed Order PROPOSED PLAINTIFF'S ORDER OF THE COURT, #4 Declaration CERTIFICATE OF SERVICE)(Grant, Richard) |
| Filing 19 NOTICE OF MOTION AND MOTION to Stay Case pending State Parallel Proceeding filed by Defendant Ready Pac Foods, Inc.. Motion set for hearing on 12/14/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Declaration Declaration of Marisa Janine-Page, #3 Exhibit Declaration Exhibit 1 - Beck Transcript, #4 Declaration Declaration of Patrick Owen, #5 Exhibit Declaration Exhibit 1 - Master Transportation Agreement, #6 Supplement Request for Judicial Notice, #7 Exhibit 1 - Petition Commencing Assignment, #8 Exhibit 2 - Notice of Assignment, #9 Exhibit 3 - Notice of Filing Affidavit of Service, #10 Exhibit 4 - Affidavit of Publication, #11 Exhibit 5 - Supplement to Motion to Enlarge Time to File, #12 Exhibit 6 - Agreed Order Granting Enlargement of Time to File, #13 Exhibit 7 - Notice of Filing Affidavit of Service, #14 Exhibit 8 - Assignee's Notice of Filing Interim Report, #15 Exhibit 9 - Fla. Stat. 727.101, #16 Exhibit 10 - Fla. Stat. 104, #17 Exhibit 11 - Fla. Stat. 105, #18 Exhibit 12 - Fla. Stat. 108, #19 Supplement Certificate of Service) (Janine-Page, Marisa) |
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Filing 18
ORDER GRANTING DEFENDANT, TKM-BENGARD FARMS, LLC'S MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT by Judge Andre Birotte Jr: granting #17 MOTION for Extension of Time to Answer. The time by which TKM-Bengard Farms, LLC may answer or otherwise plead in response to Complaint in this matter is extended through and including November 26, 2018. (lom)
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| Filing 17 NOTICE OF MOTION AND MOTION to Extend Time to File Answer to 11/26/2018 filed by Defendant TKM-Bengard Farms, LLC. (Attachments: #1 Proposed Order) (Meuers, Lawrence) |
| Filing 16 NOTICE of Interested Parties filed by Defendant TKM-Bengard Farms, LLC, identifying Bengard Harvesting, LLC. (Meuers, Lawrence) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT filed by Defendant TKM-Bengard Farms, LLC (Meuers, Lawrence) |
| Filing 14 NOTICE OF NON-OPPOSITION Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant TKM-Bengard Farms, LLC. -Consent to removal of action (Meuers, Lawrence) |
| Filing 13 NOTICE of Appearance filed by attorney Lawrence H Meuers on behalf of Defendant TKM-Bengard Farms, LLC (Attorney Lawrence H Meuers added to party TKM-Bengard Farms, LLC(pty:dft))(Meuers, Lawrence) |
| Filing 12 PROOF OF SERVICE filed by Defendant Ready Pac Foods, Inc., re Initial Order upon Filing of Complaint - form only #9 served on 10/11/2018. (Janine-Page, Marisa) |
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Filing 11
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 1/11/2019 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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Filing 10
MINUTES (IN CHAMBERS) ORDER RE: PROCEDURAL DEFECT by Judge Andre Birotte Jr.: This action was originally filed in California state court and Ready Pac is a California citizen, so this action was not properly removed. The Ninth Circuit has held that this a waivable procedural defect and not a jurisdictional defect, so the Court may not sua sponte remand the case. Rather, the Court may remand only if plaintiff Baxter Bailey and Associates files an Objection within the 30-day time limit set by Section 1447(c). The Court therefore GIVES NOTICE of the above procedural defect to Plaintiff Baxter Bailey and Associates. The Court will remand the action if Plaintiff timely files a Notice of Objection within 30 days after the action was removed. Otherwise the action will stay in this Court. Court Reporter: N/A. (gk)
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Filing 9
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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Filing 8
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 16-05. Case randomly reassigned from Judge Christina A. Snyder to Judge Andre Birotte Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-08246 CAS(GJSx). (rn)
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| Filing 7 ANSWER to Complaint - (Discovery), Affirmative Defenses filed by Defendant Ready Pac Foods, Inc..(Janine-Page, Marisa) |
| Filing 6 Certification and Notice of Interested Parties filed by Defendant Ready Pac Foods, Inc., identifying Bonduelle SAS. (Janine-Page, Marisa) |
| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening) #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (et) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Gail J. Standish. (et) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Ready Pac Foods, Inc., TKM-Bengard Farms, LLC., Does 1 to 100, filed by Plaintiff Baxter, Bailey and Associates, Inc. [FILED IN STATE COURT ON 6/27/2018 SUBMITTED ATTACHED TO EXHIBIT A TO NOTICE OF REMOVAL AS ATTACHMENT NO. #1 (et) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Ready Pac Foods, Inc.. (Janine-Page, Marisa) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number KC0707409 Receipt No: 0973-22470504 - Fee: $400, filed by Defendant Ready Pac Foods, Inc.. (Attachments: #1 Exh A - Complaint from Los Angeles Superior Court, Case No. KC0707409, #2 Exh B - Process and Orders from Los Angeles Superior Court, Case No. KC0707409, #3 Certificate of Service) (Attorney Marisa Janine-Page added to party Ready Pac Foods, Inc.(pty:dft))(Janine-Page, Marisa) |
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