Robert Stigile et al v. Lowe s Home Centers, LLC et al
| Joy Stigile and Robert Stigile |
| Does 1 through 20, inclusive, Travelers Casualty and Surety Company of America and Lowe s Home Centers, LLC |
| 2:2019cv03008 |
| April 18, 2019 |
| US District Court for the Central District of California |
| Manuel L Real |
| Michael R Wilner |
| Torts to Land |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Document Text |
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| Filing 15 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Defendant Lowe s Home Centers, LLC.. (Backlar, Roger) |
| Filing 14 PROOF OF SERVICE filed by Defendant Lowe s Home Centers, LLC, re Initial Order upon Filing of Complaint - form only #13 served on May 16, 2019. (Attachments: #1 Exhibit "A")(Backlar, Roger) |
Filing 13
ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real. READ CAREFULLY - FAILURE TO COMPLY MAY LEAD TO SANCTIONS. SEE ORDER FOR DETAILS. (cch)
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| Filing 12 ANSWER to Amended Complaint filed by Defendant Lowe s Home Centers, LLC.(Forman, Stephanie) |
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Filing 11
ORDER ON STIPULATION OF PARTIES TO DISMISS PLAINTIFFS' CLAIM FOR ATTORNEYS' FEES AND DISMISS DEFENDANT TRAVELERSWITHOUT PREJUDICE #10 by Judge Manuel L. Real. 1. Plaintiffs' claim for attorneys' fees in their First Amended Verified Complaint (Dkt. no. 1-4, page 8, line 6), is hereby dismissed, without prejudice. 2. Accordingly, Defendant Lowe's Motion to Dismiss pursuant to Rule 12(b)(6), currently set for hearing on June 3, 2019, is hereby deemed moot and the hearing date vacated, without prejudice to Lowe's right to challenge any attempt by Plaintiffs to amend to again claim a right to attorneys' fees. 3. Defendant Travelers is hereby dismissed, without prejudice. 4. In the event Lowe's is found at trial or hearing to be in breach or default under the Installation Services Agreement at issue in this litigation, Defendant Lowe's shall assume all the obligations, liabilities, rights and duties of the surety, Travelers, under the bond at issue in this litigation, in addition to any obligations or liability Lowe's may have under the Installation Services Agreement at issue in this litigation. IT IS SO ORDERED. (lom)
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| Filing 10 Joint STIPULATION to Dismiss Defendants Travelers Casualty and Surety Company of America, Lowe s Home Centers, LLC filed by Defendants Travelers Casualty and Surety Company of America, Lowe s Home Centers, LLC. (Attachments: #1 Proposed Order On Stipulation Of Parties To Dismiss Plaintiffs' Claim For Attorneys Fees And Dismiss Defendant Travelers Without Prejudice)(Backlar, Roger) |
| Filing 9 ANSWER to Amended Complaint filed by Defendant Travelers Casualty and Surety Company of America.(Attorney Roger Willner Backlar added to party Travelers Casualty and Surety Company of America(pty:dft))(Backlar, Roger) |
| Filing 8 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Claims For Attorneys' Fees Pursuant to F.R.C.P. 12(b)(6) filed by Defendant Lowe s Home Centers, LLC. Motion set for hearing on 6/3/2019 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Declaration Of Roger W. Backlar In Support Of Notice Of Motion And Motion Of Lowe's Home Centers, LLC, To Dismiss Plaintiffs' Claims For Attorneys' Fees Pursuant To F.R.C.P. 12(b)(6), #2 Exhibit "A", #3 Exhibit "B", #4 Exhibit "C", #5 Proposed Order On Lowe's Motion To Dismiss Plaintiffs' Claims For Attorneys' Fees Pursuant To F.R.C.P. 12(b)(6), #6 Proof of Service) (Attorney Roger Willner Backlar added to party Lowe s Home Centers, LLC(pty:dft)) (Backlar, Roger) |
| Filing 7 AMENDED DOCUMENT filed by Defendants Lowe s Home Centers, LLC, Travelers Casualty and Surety Company of America. Amendment to Proof of Service (subsequent documents), #5 (Forman, Stephanie) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Manuel L. Real and Magistrate Judge Michael R. Wilner. (esa) |
| Filing 5 PROOF OF SERVICE filed by Defendants Lowe's Home Centers, LLC, Travelers Casualty and Surety Company of America, re Certificate/Notice of Interested Parties #3 , Notice of Removal (Attorney Civil Case Opening),, #1 , Civil Cover Sheet (CV-71) #2 , Jury Demand #4 served on April 18, 2019. (Forman, Stephanie) |
| Filing 4 DEMAND for Jury Trial filed by Defendants Lowe's Home Centers, LLC, Travelers Casualty and Surety Company of America.. (Forman, Stephanie) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendants Lowe's Home Centers, LLC, Travelers Casualty and Surety Company of America, (Forman, Stephanie) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Lowe's Home Centers, LLC, Travelers Casualty and Surety Company of America. (Forman, Stephanie) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, Northwest Judicial District, case number 19VECV0036 Receipt No: 0973-23575072 - Fee: $400, filed by Defendants Travelers Casualty and Surety Company of America, Lowe's Home Centers, LLC. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E") (Attorney Stephanie Forman added to party Lowe's Home Centers, LLC(pty:dft), Attorney Stephanie Forman added to party Travelers Casualty and Surety Company of America(pty:dft))(Forman, Stephanie) |
| CONFORMED COPY OF COMPLAINT against defendants Does 1 through 20, inclusive, Lowe s Home Centers, LLC, Travelers Casualty and Surety Company of America, Jury Demand, filed by plaintiffs Robert Stigile, Joy Stigile. (Filed in state court 3/12/19, submitted as document 1, attachment 1) (esa) |
| CONFORMED COPY OF AMENDED COMPLAINT, filed by plaintiffs Robert Stigile, Joy Stigile. (Filed in state court 4/15/19, submitted as document 1, attachment 4)(esa) |
| CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiffs Robert Stigile, Joy Stigile, upon Defendant Lowe s Home Centers, LLC served on 3/19/2019. Service of the Summons and Complaint were executed upon CSC, Agent of Service of Process, 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 3/22/19, submitted as document 1, attachment 2) (esa) |
| CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiffs Robert Stigile, Joy Stigile, upon Defendant Travelers Casualty and Surety Company of America served on 3/19/2019. Service of the Summons and Complaint were executed upon CSC, Agent of Service of Process, 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 3/22/19, submitted as document 1, attachment 3) (esa) |
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