Four-Star Rebar, Inc. v. Powers Steel and Wire Products, Inc. et al
| Powers Steel & Wire Products, Inc., Does 1 through 20, inclusive and Powers Steel and Wire Products, Inc. |
| Four-Star Rebar, Inc., St. Paul Fire and Marine Insurance Company and Guy Yocom Construction, Inc. |
| Stephen N Goldberg |
| 2:2019cv01656 |
| March 6, 2019 |
| US District Court for the Central District of California |
| Ronald SW Lew |
| Alicia G Rosenberg |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on April 2, 2021. A more recent docket listing may be available from PACER.
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Filing 59
ORDER FOR DISMISSAL WITH PREJUDICE, #58 by Judge Ronald S.W. Lew: to Dismiss IT IS HEREBY ORDERED that this entire action, including all claims and counterclaims stated herein against all parties, is hereby dismissed with prejudice. Case Terminated. Made JS-6. (shb)
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| Filing 58 STIPULATION to Dismiss Case pursuant to FRCP 41 filed by Defendant and Cross-Complainant Powers Steel and Wire Products, Inc.. (Attachments: #1 Proposed Order)(Quinlan, Lisa) |
| Filing 57 SCHEDULING NOTICE (IN CHAMBERS) by Judge Ronald S.W. Lew, re: Mediation Report - Completely Settled #56 received in the above-referenced action. This is to bring to the parties' attention that the Mediation Report notifying the Court that the parties have settled does not vacate or continue dates and deadlines. The parties need to make a request separate from the Notice of Settlement. Currently, the Final Pretrial Conference is on 4/6/2021 and Jury Trial is on 4/27/2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 56 MEDIATION REPORT Filed by Mediator (ADR Panel) Stephen N Goldberg: Mediation held on 10/22/20 and the case has been completely settled. With the filing of this Report, the parties are advised that they must notify the trial judge's deputy courtroom clerk of the fact of settlement and to promptly file documents regarding the final disposition of the case. Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Goldberg, Stephen) |
| Filing 55 MEDIATION REPORT Filed by Mediator (ADR Panel) Stephen N Goldberg: Mediation held on October 22, 2020. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Goldberg, Stephen) |
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Filing 54
ORDER TO CONTINUE SCHEDULING ORDER DATES by Judge Ronald S.W. Lew, re Stipulation for Order #53 : ITIS HEREBY ORDERED: That the Scheduling Order is amended to reflect the following dates: 1. Discovery Cut-Off: 12-30-20; 2. Expert Written Reports: 01-29-21; 3. Expert Depositions Cut-Off: 02-26-21; 4. Expert Cut-Off: 03-12-21; 5. Motion Filing Cut-Off: 03-12-21; 6. Final Pretrial Conference: 04-06-21, 10:00 a.m.; 7. Court Trial (5 day estimate): 04-27-21, 09:00 a.m. IT IS SO ORDERED. (shb)
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| Filing 53 STIPULATION for Order to Continue Scheduling Order Dates filed by Plaintiff Four-Star Rebar, Inc.. (Attachments: #1 Proposed Order to Continue Scheduling Order Dates)(Niccoli, Anthony) |
| Filing 52 NOTICE OF MEDIATION DATE filed. Mediation set for amended, 10/22/20.(Goldberg, Stephen) |
| Filing 51 NOTICE OF MEDIATION DATE filed. Mediation set for September 3, 2020.(Goldberg, Stephen) |
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Filing 48
ORDER TO CONTINUE SCHEDULING ORDER DATES by Judge Ronald S.W. Lew: IT IS ORDERED that the Scheduling order is amended to reflect the following dates: Discovery Cut-Off: September 30, 2020. Expert Written Reports: October 30, 2020. Expert Depositions Cut-Off: December 15, 2020. Expert Cut-Off: December 29, 2020. Motion Filing Cut-Off: December 29, 2020. Final Pretrial Conference: February 16, 2021 at 10:00 am. Trial (5-day est.): March 9, 2021 at 9:00 am. FURTHER EXTENSION DISFAVORED. (shb)
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| Filing 47 STIPULATION to Continue Scheduling Order Deadlines from for 90 days to September 30, 2020 Re: Order,,, Set/Reset Deadlines/Hearings,, #35 filed by Defendant/Counterclaimant Powers Steel and Wire Products, Inc.. (Attachments: #1 Proposed Order)(Quinlan, Lisa) |
| Filing 50 Mail Returned addressed to Jennifer Lynn Bickley re Deficiency in Electronically Filed Documents (G-112A) - optional html form, #39 (shb) |
| Filing 49 Mail Returned addressed to Jennifer Lynn Bickley re Joint APPLICATION to Substitute attorney Anthony P. Niccoli in place of attorney Trevor O. Resurreccion #38 (shb) |
| Filing 46 Mail Returned addressed to Jennifer Lynn Bickley re Response By Court to Notice of Deficiencies (G-112B) - optional html form, #40 (shb) |
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Filing 45
ORDER by Judge Ronald S.W. Lew: granting #43 Request to Substitute Attorney Anthony P. Niccoli for counter defendant St Paul Fire and Marine Insurance Company in place and instead of Trevor Oakley Resurrreccion and Jennifer Lynn Bickley. Added attorney Anthony Paul Niccoli for St. Paul Fire and Marine Insurance Company. (shb)
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Filing 44
ORDER by Judge Ronald S.W. Lew: GRANTING #42 Request to Substitute Attorney, Anthony P. Niccoli for counter defendant Guy Yocom Construction Inc., in place and instead of Trevor Oakley Resurrecion and Jennifer Lynn Bickley. Added attorney Anthony Paul Niccoli for Guy Yocom Construction, Inc.. (shb)
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| Filing 43 REQUEST TO SUBSTITUTE ATTORNEY Anthony P. Niccoli in place of attorney Trevor Oakley Resurreccion filed by Counter-Defendant St. Paul Fire and Marine Insurance Company. (Attachments: #1 Proposed Order) (Resurreccion, Trevor) |
| Filing 42 REQUEST TO SUBSTITUTE ATTORNEY Anthony P. Niccoli in place of attorney Trevor Oakley Resurreccion filed by Counter-Defendant Guy Yocom Construction, Inc.. (Attachments: #1 Proposed Order) (Resurreccion, Trevor) |
| Filing 41 Notice of Electronic Filing re Joint APPLICATION to Substitute attorney Anthony P. Niccoli in place of attorney Trevor O. Resurreccion #38 , Deficiency in Electronically Filed Documents (G-112A) - optional html form,,, #39 , Response By Court to Notice of Deficiencies (G-112B) - optional html form, #40 , Joint APPLICATION to Substitute attorney Anthony P. Niccoli in place of attorney Trevor O. Resurreccion #37 e-mailed to Jennifer Lynn Bickley at jcondy@lynberg.com bounced due to No such email address. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY |
| Filing 40 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Joint APPLICATION to Substitute attorney Anthony P. Niccoli in place of attorney Trevor O. Resurreccion #38 , Joint APPLICATION to Substitute attorney Anthony P. Niccoli in place of attorney Trevor O. Resurreccion #37 by Judge Ronald S.W. Lew. The documents are STRICKEN. Counsel shall use Central District of California form G01 should substitution still be desired. (jre) |
| Filing 39 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint APPLICATION to Substitute attorney Anthony P. Niccoli in place of attorney Trevor O. Resurreccion #38 , Joint APPLICATION to Substitute attorney Anthony P. Niccoli in place of attorney Trevor O. Resurreccion #37 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Motions and Related Filings Applications/Ex Parte Applications/Motions/Petitions/Requests-Substituted Attorney. Other error(s) with document(s): Please use the appropriate form (G-01). 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. (yl) |
| Filing 38 STRICKEN - Joint APPLICATION to Substitute attorney Anthony P. Niccoli in place of attorney Trevor O. Resurreccion filed by Counter Defendant St. Paul Fire and Marine Insurance Company. (Resurreccion, Trevor) Modified on 4/23/2020 (jre). |
| Filing 37 STRICKEN - Joint APPLICATION to Substitute attorney Anthony P. Niccoli in place of attorney Trevor O. Resurreccion filed by Counter-Defendant Guy Yocom Construction, Inc.. (Resurreccion, Trevor) Modified on 4/23/2020 (jre). |
| Filing 36 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Stephen N Goldberg has been assigned to serve as Panel Mediator. (mb) |
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Filing 35
ORDER TO CONTINUE SCHEDULING ORDER DATES by Judge Ronald S.W. Lew, re Joint Report Rule 26(f) Discovery Plan, #34 . IT IS ORDERED: That the Scheduling Order is amended reflect the following dates: Deadline to Amend Pleadings: 08-14-19. Discovery Cut-Off: 6-30-20. Motion Filing Cut-Off: 09-30-20. Expert Cut-Off: 09-30-20. Final Pretrial Conference: 10-27-20 at 10:00 a.m., and Court Trial (5 day est): 11-17-20, 09:00 a.m. It is further ordered that the Amended Joint Rule 26(f) Report attached to the Joint Stipulation as Exhibit A, which now include the new parties not in the Action when originally filed, govern pre-trial litigation dates from the date of this Order. (shb)
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| Filing 34 JOINT REPORT Rule 26(f) Discovery Plan RE Stipulation and Proposed Order to Continue Scheduling Order Dates ; estimated length of trial 5 days, filed by Plaintiff Four-Star Rebar, Inc... (Attachments: #1 Proposed Order to Continue Scheduling Order Dates)(Niccoli, Anthony) |
| Filing 33 CERTIFICATE of Interested Parties filed by Counter-Defendant Guy Yocom Construction, Inc., (Resurreccion, Trevor) |
| Filing 32 ANSWER to Amended Counterclaim, #22 filed by Counter-Defendant Guy Yocom Construction, Inc..(Attorney Trevor Oakley Resurreccion added to party Guy Yocom Construction, Inc.(pty:cd))(Resurreccion, Trevor) |
| Filing 31 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Counter Complainant Powers Steel and Wire Products, Inc., upon counter Defendant Guy Yocom Construction, Inc. acknowledgment sent by Plaintiff on 9/13/2019, answer due 10/4/2019. Acknowledgment of Service signed by Trevor Resurreccion, Attorney for Guy Yocom Constr.. (Quinlan, Lisa) |
| Filing 30 CERTIFICATE of Interested Parties filed by Counter-Defendant St. Paul Fire and Marine Insurance Company, (Resurreccion, Trevor) |
| Filing 29 ANSWER to Amended Counterclaim, #22 with JURY DEMAND filed by Counter-Defendant St. Paul Fire and Marine Insurance Company.(Attorney Trevor Oakley Resurreccion added to party St. Paul Fire and Marine Insurance Company(pty:cd))(Resurreccion, Trevor) |
| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Errata #27 . The following error(s) was/were found: Case number is incorrect or missing. Other error(s) with document(s): The case number is missing the judge initials. The complete case number is: 2:19-cv-01656-RSWL (AGRx). The complete case number needs to be on all documents e-filed with the Court.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) |
| Filing 27 NOTICE OF ERRATA filed by Counter Claimant Powers Steel and Wire Products, Inc.. correcting Amended Counterclaim, #22 Exhibits H&I Only (Attachments: #1 Exhibit H - I)(Quinlan, Lisa) |
| Filing 26 21 DAY Summons Issued re Amended Counterclaim, #22 as to Counter Defendant St. Paul Fire and Marine Insurance Company. (shb) |
| Filing 25 21 DAY Summons Issued re Amended Counterclaim, #22 as to Counter Defendant Guy Yocom Construction, Inc.. (shb) |
| Filing 24 Request for Clerk to Issue Summons on Amended Counterclaim, #22 filed by counterclaimant Powers Steel and Wire Products, Inc.. (Quinlan, Lisa) |
| Filing 23 Request for Clerk to Issue Summons on Amended Counterclaim, #22 filed by counterclaimant Powers Steel and Wire Products, Inc.. (Quinlan, Lisa) |
| Filing 22 First AMENDED COUNTERCLAIM against counterdefendants Four-Star Rebar, Inc., St. Paul Fire and Marine Insurance Company, Guy Yocom Construction, Inc. amending Answer to Complaint (Discovery), Counterclaim #7 , filed by Counter Claimant Powers Steel and Wire Products, Inc. (Attachments: #1 Exhibit A-G, #2 Exhibit h-i)(Quinlan, Lisa) |
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Filing 21
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Ronald S.W. Lew: GRANTING #17 Non-Resident Attorney Eric T. Schmitt APPLICATION to Appear Pro Hac Vice on behalf of Defendant Powers Steel & Wire Products, Inc., designating Patrick A. Gillespie as local counsel. (lt)
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Filing 20
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE GRANTING by Judge Ronald S.W. Lew: GRANTING #16 Non-Resident Attorney David E. Hutchinson APPLICATION to Appear Pro Hac Vice on behalf of Defendant Powers Steele & Wire Products, Inc., designating Patrick A. Gillespie as local counsel. (lt)
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Filing 19
MINUTE ORDER (IN CHAMBERS) by Judge Ronald S.W. Lew: The Scheduling Conference, set for May 14, 2019, at 10:00 a.m., is hereby ADVANCED to this date and taken OFF-CALENDAR. No appearance necessary on May 14, 2019. The Court finds the matter suitable for decision without oral argument and sets the following dates: Deadline to Amend Pleadings: 08-14-19; Discovery Cut-Off: 12-31-19; Motion Filing Cut-Off: 03-10-20; Expert Cut-Off: 04-07-20; Final Pretrial Conference: 05-26-20, 10:00 am; Court Trial ( 5 day est) : 06-23-20, 09:00 am. (see document for further details) (bm)
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Filing 18
ORDER/REFERRAL to ADR Procedure No 2 by Judge Ronald S.W. Lew. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 11 days prior to trial. (shb)
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| Filing 17 First APPLICATION of Non-Resident Attorney Eric T. Schmitt to Appear Pro Hac Vice on behalf of Defendant Powers Steel and Wire Products, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23702533) filed by defendant Powers Steel and Wire Products, Inc.. (Attachments: #1 Proposed Order Proposed Order on Application of Non-Resident Attorney Eric T. Schmitt) (Gillespie, Patrick) |
| Filing 16 First APPLICATION of Non-Resident Attorney David E. Hutchinson to Appear Pro Hac Vice on behalf of Defendant Powers Steel and Wire Products, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23702306) filed by defendant Powers Steel and Wire Products, Inc.. (Attachments: #1 Proposed Order Proposed Order on Application of Non-Resident Attorney David Hutchinson) (Attorney Patrick Gillespie added to party Powers Steel and Wire Products, Inc. (pty:dft)) (Gillespie, Patrick) |
| Filing 15 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff Four-Star Rebar, Inc... (Niccoli, Anthony) |
| Filing 14 CERTIFICATE of Interested Parties filed by Plaintiff/Cross-Defendant Four-Star Rebar, Inc., (Niccoli, Anthony) |
| Filing 13 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS re: Answer to Counterclaim #11 by Judge Ronald S.W. Lew. No later than April 16, 2019, Plaintiff and Counter-defendant shall file a Notice of Interested Parties as required by applicable rule. Failure to do so may lead to the striking of the Answer to the Counterclaim. (jre) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Counterclaim #11 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (shb) |
| Filing 11 Four-Star Rebar Inc.'s ANSWER to Answer to Complaint (Discovery), Counterclaim #7 Counterclaims of Powers & Wire Products, Inc. filed by Counter-Defendant Four-Star Rebar, Inc..(Niccoli, Anthony) |
| Filing 10 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Deficiency in Electronically Filed Documents (G-112A) - optional html form, #8 . The deficiency notice was issued erroneously as the correct docketing event was selected. (shb) |
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Filing 9
MINUTE ORDER IN CHAMBERS by Judge Ronald S.W. Lew: The above matter is set for a Scheduling Conference on May 14, 2019, at 10:00 A.M. The conference will be held pursuant to F.R.Civ.P. 16(b). The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference and report to the Court not later than 14 days after they confer as required by F.R.Civ.P. 26 and the Local Rules of this Court. Failure to comply may lead to the imposition of sanctions. See order for further details. (jre)
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| Filing 8 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery), Counterclaim #7 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - select - Complaints and Other Initiating Documents - select - Counterclaim.. Other error(s) with document(s): When filing the initial answer, the question where the counterclaim was not selected, therefore the counterclaim parties were not added to reflect there is a counterclaim. Please re-file the counterclaim only so the parties can be added to the courts docket. 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. (shb) |
| Filing 7 ANSWER to Complaint - (Discovery), Powers Steel & Wire Products, Inc.'s, COUNTERCLAIM against All Plaintiffs filed by Defendant Powers Steel and Wire Products, Inc.. (Attachments: #1 Exhibit A-G)(Quinlan, Lisa) |
| Filing 6 CERTIFICATE of Interested Parties filed by Defendant Powers Steel and Wire Products, Inc., identifying Amerisure Insurance Company. (Quinlan, Lisa) |
| 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. (car) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Ronald S. W. Lew and Magistrate Judge Alicia G. Rosenberg. (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Four-Star Rebar, Inc., upon Defendant Service of the Summons and Complaint were executed upon Patience Bossard Capitol Services Inc. Registered Agent on 2/6/2019 in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. Filed in State Court on 2/14/2019 Submitted with Exhibit B attachment 2 to notice of removal #1 (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 20, inclusive, Powers Steel and Wire Products, Inc., filed by plaintiff Four-Star Rebar, Inc. Filed in State Court on 1/25/19 Submitted with Exhibit A attachment 1 to notice of removal #1 . (car) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Powers Steel & Wire Products, Inc.. (Quinlan, Lisa) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior, case number 19STCV02728 Receipt No: 0973-23331969 - Fee: $400, filed by Defendant Powers Steel & Wire Products, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Attorney Lisa Hegedus Quinlan added to party Powers Steel & Wire Products, Inc.(pty:dft))(Quinlan, Lisa) |
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