Western Export Services, Inc. v. Webtrans Logistics, Inc.
| Does 1 through 10, inclusive |
| Western Export Services, Inc. |
| Webtrans Logistics, Inc. |
| Sungyou Enterprise Co., Ltd. |
| ROES 1 through 10 |
| 2:2019cv04279 |
| May 16, 2019 |
| US District Court for the Central District of California |
| John E McDermott |
| Jean P Rosenbluth |
| Otis D Wright |
| Contract: Marine |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| Defendant |
Docket Report
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Filing 277
JOINT REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE; ORDER THEREON by Magistrate Judge John E. McDermott: Granting #276 REQUEST to Dismiss Case. Based on the request by all of the parties in this action that the entire action be dismissed with prejudice, IT IS SO ORDERED. ( MD JS-6. Case Terminated ) (es)
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| Filing 276 Joint REQUEST to Dismiss Case (Joint Request for Dismissal of Entire Action with Prejudice; Order Thereon) filed by Plaintiff/ Rule 14(a) Defendant Sungyou Enterprise Co., Ltd., Webtrans Logistics, Inc., Western Export Services, Inc.. (Attorney Margaret Eddy Morrow added to party Sungyou Enterprise Co., Ltd.(pty:3pd), Attorney Margaret Eddy Morrow added to party Sungyou Enterprise Co., Ltd.(pty:crc), Attorney Margaret Eddy Morrow added to party Sungyou Enterprise Co., Ltd.(pty:cd), Attorney Margaret Eddy Morrow added to party Webtrans Logistics, Inc.(pty:3pp)) (Morrow, Margaret) |
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Filing 275
MINUTE ORDER (IN CHAMBERS) ORDER VACATING DATES by Magistrate Judge John E. McDermott: The Court is in receipt of the parties Notice of Settlement filed September 17, 2022. The Court hereby takes the hearing set for September 19, 2022 and the trial set for September 20, 2022 off calendar. (es)
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| Filing 274 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on joint exhibits list are returned to counsel for respective party(ies). (es) |
| Filing 273 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on Joint exhibits list are returned to counsel for respective party(ies). (es) |
| Filing 272 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on Joint exhibits list are returned to counsel for respective party(ies). (es) |
| Filing 271 NOTICE of Settlement JOINT NOTICE and REQUEST TO VACATE HEARING AND TRIAL DATES filed by Defendant Sungyou Enterprise Co., Ltd.. (Lee, Ginam) |
| Filing 270 [[PROPOSED] JURY INSTRUCTIONS Re INTERFERENCE CLAIMS filed as] RESPONSE filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.to Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Motion Hearing and R&R Deadlines,,, Set/Reset Hearing,, #267 re Proposed Jury Instructions for Interference Claims (Lee, Ginam) Modified on 9/16/2022 (es). |
| Filing 268 Text Only Entry - The Court's request for a civil jury trial on Tuesday, September 20, 2022 has been approved. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 269 MINUTES OF Jury Trial - 1st Day held and completed before Magistrate Judge John E. McDermott: Jury impaneled and sworn. Opening statements made. Motion for mistrial by Plaintiff (oral motion) Granted. New trial date set for 9/20/2022 at 9:15 AM before Magistrate Judge John E. McDermott. Court Reporter: Maria Bustillos. (es) |
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Filing 267
MINUTE ORDER IN CHAMBERS) AMENDED ORDER RE PROPOSED JURY INSTRUCTIONS ON SUNGYOU'S INTERFERENCE CLAIMS by Magistrate Judge John E. McDermott: Sungyou shall file its new proposed interference instructions as soon as possible, but no later than September 15, 2022, at 10:00 a.m. WES may file a response to Sungyou's new proposed interference instructions as soon as possible thereafter, but no later than September 19, 2022, at 10:00 a.m. The Court sets a hearing for September 19, 2022, at 2:00 p.m., regarding the new proposed interference instructions and how the evidence regarding the interference claims may be presented at trial. [See document for further details.] (es)
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Filing 266
MINUTE ORDER (IN CHAMBERS) ORDER RE PROPOSED JURY INSTRUCTIONS ON SUNGYOU'S INTERFERENCE CLAIMS by Magistrate Judge John E. McDermott: See Order for details. (es) (Main Document 266 replaced on 9/13/2022) (san).
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Filing 265
MINUTES (IN CHAMBERS) ORDER RE MOTION TO MODIFY THE FINAL PRETRIAL CONFERENCE ORDER (Dkt. #254 , #255 ) by Magistrate Judge John E. McDermott: Before the Court is a Motion to Modify the Final Pretrial Conference Order ("Motion") to include "misrepresentation" as a basis for independently wrongful conduct for Sungyou Enterprise Co., Ltd.'s ("Sungyou's") interference claims, which it asserts was inadvertently omitted. (Dkt. 254.) As set forth more fully below, Sungyou's Motion is GRANTED IN PART in that the FPCO is modified to include (a) "misrepresentation" as a basis for independently wrongful conduct, and (2) punitive damages as a measure of damages for the intentional interference with prospective economic advantage claim only. Granting in part #254 MOTION to Final Pretrial Conference Order. SEE ORDER FOR DETAILS. (es)
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| Filing 264 AMENDED MINUTES ON HEARING ON JURY INSTRUCTIONS #260 held before Magistrate Judge John E. McDermott : See Order for details. (es) |
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Filing 263
MINUTE ORDER (IN CHAMBERS) AMENDED ORDER RE REASONABLE NOTIFICATION OF TERMINATION by Magistrate Judge John E. McDermott: The Court holds that failure to provide reasonable notice of termination does not constitute independently wrongful conduct for interference claims requiring that element re: Report #252 , Minutes of Hearing on Sungyou's Interference Claim #240 , Report #253 . [See Order for details.] (es)
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| Filing 262 REPLY Amended Motion to Modify Pre-Trial Conference Order and Supplement Jury Instructions filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. (Lee, Ginam) |
| Filing 261 OPPOSITION filed by Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
| Filing 260 MINUTES OF HEARING ON JURY INSTRUCTIONS held before Magistrate Judge John E. McDermott: The Court DENIES Sungyou's Request for Clarification. As to Sungyou's Motion and Amended Motion to Modify the Final Pretrial Conference Order (Dkt. #254 , #255 ), Western Export Services, Inc. may file a response no later than 5 p.m. today, earlier by 3 p.m. if possible. Sungyou may file a reply. As to Webtrans' preemption defense, the Court will allow the evidence about the contractual relationship between WES and Webtrans to come in at trial with a decision on jury instructions when the evidence is closed. The parties shall file a proposed briefing schedule on the preemption issue. Court Reporter: ZOOM/CS09122022. (es) |
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Filing 259
MINUTE ORDER (IN CHAMBERS) ORDER RE REASONABLE NOTIFICATION OF TERMINATION by Magistrate Judge John E. McDermott: re: Minutes of Hearing on Sungyou's Interference Claims, #240 . The Court holds that failure to provide reasonable notice of termination does not constitute independently wrongful conduct for interference claims requiring that element. [See Order for further details.] (es)
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Filing 258
MINUTE ORDER (IN CHAMBERS) ORDER RE REQUEST FOR CLARIFICATION (Dkt. 250) by Magistrate Judge John E. McDermott: Clarification is unwarranted, and WES' request is denied. re: Request for Clarification, #250 .[See Order for further details.] (es)
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Filing 257
MINUTE ORDER (IN CHAMBERS) ORDER RE FRE 801(d)(2) STATEMENTS OF ALL OPPOSING PARTIES THAT CONSTITUTE JUDICIAL ADMISSIONS by Magistrate Judge John E. McDermott: The approved statements above are judicial admissions binding on the party who made them, are conclusive as to the truth and cannot be contradicted by the party who made them. See Order for further details. (es)
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| Filing 256 RESPONSE filed by Defendant Webtrans Logistics, Inc.to Order to Show Cause #251 Clarifying COGSA Preemption Arguments (Estrella, Mark) |
| Filing 255 Amendment to NOTICE OF MOTION AND MOTION to MODIFY Order #158 #254 filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. (Attachments: #1 Proposed Order)(Lee, Ginam) |
| Filing 254 NOTICE OF MOTION AND MOTION to MODIFY Order #158 filed by Third Party Defendant and Rule 14(a) Claimant Sungyou Enterprise Co., Ltd.. Motion set for hearing on 9/12/2022 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Proposed Order) (Lee, Ginam) |
| Filing 253 REPORT of Independent Wrongful Conduct and Omission of Misrepresentation on Final Pre-Trial Conference Order filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. (Lee, Ginam) |
| Filing 252 REPORT of LACK OF REASONABLE NOTICE AND MISREPRESENTATION filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
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Filing 251
MINUTE ORDER (IN CHAMBERS) ORDER RE FURTHER RESPONSE TO OSC by Magistrate Judge John E. McDermott: Webtrans shall file its further response no later than Monday, September 12, 2022, at 9:00 a.m. [See Order for further details.] (es)
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| Filing 250 Western Export Services' Request for Clarification Regarding Jury Instruction Identified as No. 24, No. 24A and as No.25 filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc. re: Jury Instructions (Proposed) #241 (Morrow, Margaret) |
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Filing 249
MINUTE ORDER (IN CHAMBERS) ORDER RE: ADMISSIBILITY OF BANK REMITTANCES by Magistrate Judge John E. McDermott: re: Order #228 . See Order for details. (es)
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| Filing 248 MINUTES OF HEARING ON WEBTRANS' PREEMPTION DEFENSE held before Magistrate Judge John E. McDermott: Matter was called. Parties stated their appearances. The Court heard oral argument and took the matter under submission. Court Reporter: ZOOM/CS09082022. (es) |
| Filing 247 SCHEDULING NOTICE by Magistrate Judge John E. McDermott Hearing set for 9/12/2022 at 10:00 AM before Magistrate Judge John E. McDermott. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 246 DECLARATION of Kevin Hwang re Order #228 Re Admissibility of Exhibits in Support of Webtrans Exhibit Nos. 126, 128, 129, 130, and 131 filed by Defendant Webtrans Logistics, Inc.. (Attachments: #1 Exhibit Exhibits 126, 128, 129, 130, and 131)(Estrella, Mark) |
| Filing 245 RESPONSE filed by Defendant Webtrans Logistics, Inc.to Statement #231 (s) of an Opposing Party Filed by Plaintiff (Estrella, Mark) |
| Filing 244 OBJECTIONS to Statement #233 "WESTERN EXPORT SERVICES, INC.S OPPOSITION TO SUNGYOU ENTERPRISE SERVICES CO., LTD.S FRE 801(d)(2) STATEMENTS" filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
| Filing 243 REPLY filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc. to Response #235 , "PLAINTIFF WESTERN EXPORT SERVICES, INC.S REPLY TO DEFENDANT WEBTRANS LOGISTICS, INC.S REPONSE TO ORDER TO SHOW CAUSE WHY COGSA PREEMPTON OBJECTION SHOULD NOT BE STRICKEN" (Morrow, Margaret) |
| Filing 242 OBJECTIONS TO WEBTRANS LOGISTICS, INC.S PROPOSED JUDICIAL ADMISSIONS filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
| Filing 241 [PROPOSED] POST-TRIAL JURY INSTRUCTIONS (ANNOTATED). (es) |
| Filing 240 MINUTES OF HEARING ON SUNGYOUS INTERFERENCE CLAIMS held before Magistrate Judge John E. McDermott: Matter was called. Parties stated their appearances. The Court inquired about whether the lack of reasonable notification of termination can constitute independent wrongful conduct as to Sungyou's interference claims. The Court also inquired about the omission of misrepresentation in the Final Pretrial Conference Order as independently wrongful conduct. The Court ORDERS the parties to file a Joint Status Report on these 2 issues by Friday, September 9, 2022. Court Reporter: ZOOM/CS09072022. (es) |
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Filing 239
MINUTE ORDER(IN CHAMBERS) ORDER RE NOTICE OF LODGING OF EXHIBIT 334 by Magistrate Judge John E. McDermott: Notice of Lodging of Exhibit 334 re Stipulation of Facts. See Dkt. 238. (es)
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Filing 238
MINUTE ORDER (IN CHAMBERS) ORDER RE RULE 56(g) STIPULATION OF FACTS by Magistrate Judge John E. McDermott: the Court ORDERS that the facts stipulatedin Dkt. Nos. 229 and 232 set forth in Appendix A ("Stipulation of Facts") are not genuinely in dispute and are established in the case. The Stipulation of Facts in Appendix A hereto shall be entered on the record as an exhibit and the facts contained therein are deemed to have been conclusively proved. re: Joint Stipulation on undisputed Rule 56(g) #229 , Stipulation to Clarify #232 . [See document for further details.] (es)
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| Filing 237 SCHEDULING NOTICE by Magistrate Judge John E. McDermott #223 . Hearing re Webtrans' Preemption Defense set for 9/8/2022 11:00 AM before Magistrate Judge John E. McDermott. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 236 SCHEDULING NOTICE by Magistrate Judge John E. McDermott re: Sungyou's Interference Claims #119 Hearing set for 9/7/2022 09:30 AM before Magistrate Judge John E. McDermott. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 235 RESPONSE filed by Defendant Webtrans Logistics, Inc.to Order to Show Cause, #223 Why COGSA Preemption Objection Should Not Be Stricken (Attachments: #1 Appendix A)(Estrella, Mark) |
| Filing 234 STATEMENT Proposed Judicial Admissions [FRE 801(d)(2)] filed by Defendant Webtrans Logistics, Inc. re: Status Conference - optional html form,,,, Terminate Hearings,,, #226 . (Estrella, Mark) |
| Filing 233 STATEMENT [FRE 801(d)(2)] by Western Export Services that Constitute Judicial Admissions filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd. re: Status Conference - optional html form,,,, Terminate Hearings,,, #226 . (Lee, Ginam) |
| Filing 232 Joint STIPULATION to Clarify UNDISPUTED RULE 56(g) FINDINGS filed by Plaintiff/ Cross-Defendant Western Export Services, Inc..(Morrow, Margaret) |
| Filing 231 STATEMENT FRE 801(d)(2) STATEMENTS OF AN OPPOSING PARTY filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc. (Morrow, Margaret) |
| Filing 230 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Miscellaneous Document #229 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - Other Filings: Stipulations. Other error(s) with document(s): Note: To assist in a search for correct events, use the "SEARCH" option using "key words" to narrow the selection process. 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. (es) |
| Filing 229 Joint Stipulation filed by Defendant Webtrans Logistics, Inc. Re: Undisputed Fact Nos. 1, 3, 4, 5, 13, and 14 Relating to Webtrans re: Status Conference - optional html form,,,, Terminate Hearings,,, #226 (Estrella, Mark) |
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Filing 228
ORDER RE ADMISSIBILITY OF EXHIBITS by Magistrate Judge John E. McDermott. (See Order for details.) (efc)
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| Filing 227 REPORT of Meet and Confer of Counsel on Webtrans Exhibits 114, 125 and 127 filed by ThirdParty Plaintiff Webtrans Logistics, Inc., Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
| Filing 226 MINUTES OF HEARING ON STIPULATION OF FACTS AND PROPOSED ADMISSIONS held before Magistrate Judge John E. McDermott: The Court ordered WES and Webtrans to meet and confer and file a stipulation no later than Friday, September 2, 2022 regarding Rule 56(g) findings for those facts referenced in Dkt. 184-2 at p. 18:17-25 (UF 3, 4, 5, 8, 10, 13 and 14) in full text. The Court also ordered all parties to file a joint stipulation reflecting all other undisputed Rule 56(g) findings (Dkt. 218 at pp. 2-7), by September 2, 2022. The Court ordered that all parties may submit FRE 801(d)(2) statements of an opposing party that constitute judicial admissions no later than Friday, September 2, 2022 and any responses to those statements no later than Wednesday, September 7, 2022. The Court hereby takes the September 1, 2022 Rule 104 hearing off calendar. Court Reporter: ZOOM/CS0831022. (es) |
| Filing 224 DECLARATION of Mi Kyung Hur re Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Hearing,,, #207 , Declaration #219 filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. (Lee, Ginam) |
| Filing 225 MINUTES OF STATUS CONFERENCE RE FURTHER SETTLEMENT (VIDEO) held before Magistrate Judge Michael R. Wilner. The Court conducted a status conference regarding further settlement. The parties were unable to reach an agreement on settlement. (hr) |
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Filing 223
MINUTES ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE WHY COGSA PREEMPTION OBJECTION SHOULD NOT BE STRICKEN by Magistrate Judge John E. McDermott. Response to Order to Show Cause due by 9/2/2022. WES may file a Reply on September 7, 2022. [See Order for details and deadlines.] (es)
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| Filing 222 [SUNGYOU ENTERPRISES CO.'S AMENDED RESPONSE TO WES' OBJECTION TO EXHIBITS filed as] AMENDED DOCUMENT filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. Amendment to Status Conference - optional html form,,,, Set/Reset Deadlines,,, #221 , Response #216 (Lee, Ginam) Modified on 8/31/2022 (es). |
| Filing 221 MINUTES OF HEARING ON RULE 104 (1) Hearing held before Magistrate Judge John E. McDermott: The Court heard argument regarding WES objections to Sungyou Exhibits 114, 127 and 145. The Court ordered WES and Webtrans to meet and confer and submit a Joint Status Report regarding those three exhibits by September 1, 2022. Sungyou requested to withdraw Exhibits 216, 217, 218, 220, 226, 227, and 228. The Court granted the withdrawal. WES discussed the Declaration of Mi Kyung Hur [Dkt. 219]. The Court ordered that Sungyou may file a supplemental declaration no later than noon tomorrow. Mr. Lee also will review Exhibit 241 for relevance. Hearing is continued to August 31, 2022 at 10:30 a.m. [See Order for additional information.] Court Reporter: ZOOM/CS0830022. (es) |
| Filing 220 RESPONSE filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc. re: WES Withdrawal of Foundation/ Authenticity Objections to Certain Sungyou Exhibits (Morrow, Margaret) |
| Filing 219 DECLARATION of Mi Kyung Hur re Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Hearing,,, #207 filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. (Lee, Ginam) |
| Filing 218 REPORT of STIPULATED FACTS AND PROPOSED ADMISSIONS filed by ThirdParty Plaintiff Webtrans Logistics, Inc., Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
| Filing 217 PROPOSED JURY INSTRUCTIONS filed by Third Party Defendant and Rule 14(a) Claimant Sungyou Enterprise Co., Ltd... (Lee, Ginam) |
| Filing 216 RESPONSE filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.to Supplement #211 Objections to Exhibits by Western Export (Lee, Ginam) |
| Filing 215 PROPOSED Revised and Withdrawn JURY VERDICT filed by Plaintiff/ Cross-Defendant Western Export Services, Inc.. (Morrow, Margaret) |
| Filing 214 PROPOSED JURY INSTRUCTIONS (Revised and Withdrawn set) filed by Plaintiff/ Cross-Defendant Western Export Services, Inc... (Morrow, Margaret) |
| Filing 213 RESPONSE filed by Defendant Webtrans Logistics, Inc.to Supplement #211 , Objection #210 of Plaintiff Re: Exhibits for Trial (Estrella, Mark) |
| Filing 211 SUPPLEMENT to Objection #210 filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
| Filing 210 OBJECTIONS to Exhibits filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
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Filing 209
ORDER RE: FURTHER SETTLEMENT SESSION by Magistrate Judge Michael R. Wilner. 1. At the joint request of the parties, Judge Wilner will hold a further video settlement meeting in this civil case. The new meeting will be on Tuesday, August 30, at 2 p.m. PT. (see document for further details) (hr)
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| Filing 208 RESPONSE filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.to Minutes of In Chambers Order/Directive - no proceeding held,, #204 re Exhibit Objection Explanations (Lee, Ginam) |
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Filing 207
MINUTE ORDER (IN CHAMBERS) ORDER RE RULE 104 HEARING ON EXHIBIT OBJECTIONS by Magistrate Judge John E. McDermott: re: Report, #198 the Court will conduct a FRE 104 hearing to decide whether the parties' challenged exhibits are admissible. The hearing will take place on August 30, August 31, and September 1, 2022, starting at 10 a.m. each day. In ruling on the admissibility of exhibits, the Court is not bound by evidence rules, except those on privilege. FRE 104(a). As to nearly all other Sungyou exhibits not listed above, Sungyou's Responses to WES' Objections state that unnamed witnesses will lay foundation and authenticate Sungyou exhibits. Sungyou must do so prior to trial in the same manner as indicated above, by stipulation or declaration by August 29,2002 or by Zoom during the period August 30, August 31, and September 1, 2022. [See Order for further details.] (es)
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Filing 206
MINUTES (IN CHAMBERS) ORDER RE WEBTRANS LOGISTICS, INC.'S MOTION IN LIMINE (NO. 2) TO PRECLUDE EVIDENCE OF OR REFERENCE TO DEFENDANTS PROFITS OR FINANCIAL CONDITION (Dkt. 167) by Magistrate Judge John E. McDermott: Granting #167 Motion in Limine to Preclude. See Order for details. (es)
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Filing 205
MINUTES (IN CHAMBERS) ORDER RE DEFENDANT WEBTRANS LOGISTICS, INC.'S MOTION IN LIMINE (NO. 1) TO PRECLUDE EVIDENCE OF OR REFERENCE TO PLAINTIFF'S BREACH OF FIDUCIARY DUTY CLAIM (Dkt. 166) by Magistrate Judge John E. McDermott: The Court GRANTS the Motion. Granting #166 Motion in Limine to Preclude. See Order for details. (es)
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Filing 204
MINUTE ORDER (IN CHAMBERS) ORDER RE EXHIBIT OBJECTIONS by Magistrate Judge John E. McDermott: Thus, the Court ORDERS that the parties are to file Exhibit Objection Explanations presenting a short explanation (one or two paragraphs) of their objections to exhibits on the Joint Exhibit List on or before August 24, 2022, except for those exhibit objections that were the subject of Sungyou MIL No. 1. The parties' responses to objections in the Joint Exhibit List are sufficient, but the parties may respond further (one or two paragraphs) to the other's explanations by August 26, 2022. This Order applies to WES' objection to Webtrans' Exhibit 136. [See Order for details.] (es)
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Filing 203
MINUTES (IN CHAMBERS) ORDER RE SUNGYOU ENTERPRISE CO.'S MOTION IN LIMINE NO. 2 TO BAR WES FROM PROVIDING TRIAL TESTIMONY THAT CONTRADICTS ITS RULE 30(b)(6) WITNESS' DEPOSITION TESTIMONY (Dkt. 169) by Magistrate Judge John E. McDermott: Granting in part and Denying in part #169 Motion in Limine to Bar Wes From Providing Trial Testimony That Contradicts its Rule 30(b)(6) Witness' Deposition Testimony. [See Order for details.] (es)
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Filing 202
MINUTES (IN CHAMBERS) ORDER RE SUNGYOU ENTERPRISE CO.'S MOTION IN LIMINE NO. 1 TO PRECLUDE WES FROM OFFERING REQUESTED DOCUMENTS OR OTHER EVIDENCE THAT WERE NOT PRODUCED IN DISCOVERY AND/OR ANY TESTIMONY RELATING THERETO (Dkt. 168) by Magistrate Judge John E. McDermott: The Court DENIES the Motion. Denying #168 Motion in Limine to Preclude. [See Order for details.] (es)
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Filing 201
MINUTE ORDER (IN CHAMBERS) ORDER RE WESTERN EXPORT SERVICES, INC.'S MOTION IN LIMINE NO. 3 (Dkt. 170-2) by Magistrate Judge John E. McDermott: First, facts admitted or deemed admitted and statements made by an opposing party (FRE 801(d)(2)) in the course of the litigation are binding judicial admissions that conclusively establish the matter and remove the admitted fact from issue, wholly dispensing with the necessity of proof of the fact. The Court ORDERS that Plaintiff may identify judicial admissions and/or Rule 56(g) findings, meet and confer with Defendants, and file a Joint Status Report on Stipulated Facts and Proposed Admissions setting forth the facts that are stipulated and proposed admissions, either accepted or disputed, by August 26, 2022. Second, as to the Court's summary judgment rulings, the Court will not apply law to fact. That is the jury's function, not the Court's. As Webtrans acknowledges (Dkt. 170-2 at 19:15-17), however, the Court's legal rulings can be converted into jury instructions that the jury can apply to the facts. The Court ORDERS that the parties may submit jury instructions based on the Court's summary judgment rulings by August 26, 2022. re: Motion in Limine #3 to Preclude [170-2] . [See Order for further details.] (es)
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Filing 200
MINUTE ORDER (IN CHAMBERS) ORDER RE: WESTERN EXPORT SERVICES, INC.'S MOTION IN LIMINE #2 TO PRECLUDE ALL EVIDENCE AND TESTIMONY FROM SANGIL KIM AND JUNGSUP KIM (Dkt. No. 170-1) by Magistrate Judge John E. McDermott: Plaintiff and Rule 14(a) plaintiff and defendant Western Export Services, Inc. ("WES") has filed a Motion in Limine to preclude all evidence and testimony from the expert witnesses Sangil Kim and Jungsup Kim proffered by Rule 14(a) defendant and complainant Sungyou Enterprise Co., Ltd. ("Sungyou"). The Court GRANTS the Motion, precludes the witnesses from testifying, and excludes Exhibit No. 293. Granting #170 Motion in Limine #2 to Preclude. [See Order for details.] (es)
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Filing 199
MINUTES (IN CHAMBERS) ORDER RE WESTERN EXPORT SERVICES, INC.'S MOTION IN LIMINE NO. 1 (Dkt. 170) by Magistrate Judge John E. McDermott: In its Motion in Limine No. 1 ("Motion"), Plaintiff Western Export Services, Inc. ("WES") seeks an order precluding all evidence and testimony regarding litigation or arbitration between Ghirardelli Chocolate Company ("Ghirardelli") and WES pursuant to FRE 401 and 403. (Dkt. 170.) The Court GRANTS the Motion. Granting #170 Motion in Limine to Preclude. [See Order for details.] (es)
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| Filing 198 Joint REPORT of Exhibits filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd., Cross Claimant Sungyou Enterprise Co., Ltd., Counter Defendant Sungyou Enterprise Co., Ltd., ThirdParty Plaintiff Webtrans Logistics, Inc., Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
| Filing 197 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/16/22 10:02 a.m. re Transcript #196 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (apr) TEXT ONLY ENTRY |
| Filing 196 TRANSCRIPT for proceedings held on 8/16/22 10:02 a.m.. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC, phone number (361) 949-2988. 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 9/8/2022. Redacted Transcript Deadline set for 9/19/2022. Release of Transcript Restriction set for 11/16/2022. (apr) |
| Filing 195 OBJECTIONS to Jury Verdict (Proposed) #182 , Jury Instructions (Proposed) #181 Instr. Nos. 2-10, 13, and 21 and Form Nos. 1-5, 8 filed by Defendant Webtrans Logistics, Inc.. (Estrella, Mark) |
| Filing 194 OBJECTIONS to Jury Instructions (Proposed) #181 of Western Export Serivices (Nos., 1-10, 13, 14, 16, 17, 18, and 22) filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. (Lee, Ginam) |
| Filing 193 OBJECTIONS TO CROSS-DEFENDANT/RULE 14(A) PLAINTIFF SUNGYOU ENTERPRISE CO.S DISPUTED JURY INSTRUCTIONS NOS. 24, 25, 26, 27 AND 28 AND DEFENDANT WEBTRANS LOGISTICS INC.S DISPUTED JURY INSTRUCTIONS NOS. 34 AND 35 filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc.. (Attachments: #1 PLAINTIFFS OBJECTIONS TO CROSS-DEFENDANT/RULE 14(A) PLAINTIFF SUNGYOU ENTERPRISE CO.S DISPUTED VERDICT FORM NO. 9 AND DEFENDANT WEBTRANS LOGISTICS INC.S DISPUTED VERDICT FORM NO. 10)(Morrow, Margaret) |
| Filing 192 MINUTES OF HEARING ON MOTIONS IN LIMINE Hearing held before Magistrate Judge John E. McDermott: Matter was called. Parties stated their appearances. The Court heard argument regarding all parties' motions in limine. The motions in limine are taken under submission. The parties shall continue meeting and conferring regarding the elimination of exhibits and objections to exhibits in the Joint Exhibit List. The revised Joint Exhibit List, Joint Witness List, and Exhibit Notebooks shall be submitted no later than August 18, 2022. Court Reporter: ZOOM/CS08162022. (es) |
| Filing 191 NOTICE OF LODGING filed SUNGYOU ENTERPRISE CO's INITIAL DISCLOSURE DATED JANUARY 21, 2020 re MOTION IN LIMINE ONE to Preclude WESTERN EXPORT FROM OFFERING DOCUMENTS OR OTHER EVIDENCE THAT WERE NOT PRODUCED IN DISCOVERY AND/OR ANY TESTIMONY RELATED THERETO #168 (Lee, Ginam) |
| Filing 190 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Witness List #189 . The following error(s) was/were found: Case number is incorrect or missing. Other error(s) with document(s): Note complete case number: 2:19-cv-04279-JEM. Document accepted as filed. 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. (es) |
| Filing 189 Witness List Sungyou Enterprise Co., Ltd., Webtrans Logistics, Inc., Western Export Services, Inc... (Morrow, Margaret) |
| Filing 212 Text Only Entry - In Chambers by Magistrate Judge Michael R. Wilner: Status conference re settlement discussed with the parties. (hearing not recorded) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jm) TEXT ONLY ENTRY Modified on 8/25/2022 (jm). |
| Filing 188 Proposed Voir Dire Questions filed by Plaintiff/ Cross-defendant Western Export Services, Inc... (Morrow, Margaret) |
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Filing 187
MINUTES (IN CHAMBERS) ORDER RE EXHIBITS AND WITNESSES by Magistrate Judge John E. McDermott. The parties have presented the Court with a mountain of exhibit objections to resolve. Western Export Services, Inc. ("WES") has 63 exhibits on the Joint Exhibit List. (Dkt. #171 .) The Court ORDERS the parties to engage in a genuine, good faith meet and confer promptly to resolve as many of the above objections as possible, in accordance with Rule 16-2.6. The Court expects the parties to stipulate to foundation and authenticity where not reasonably in dispute. The parties should make offers of proof. The Court also wants the parties to identify exhibits and witnesses which a party may offer only if the need arises, as per L.R. 16-6.1 and 16-5. The Court ORDERS the parties to file a Joint Status Report Re Exhibits and Witnesses on August 18, 2022, indicating any objections that have been resolved and which exhibits and witnesses may be offered only if the need arises. (et)
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| Filing 186 SCHEDULING NOTICE - IN CHAMBERS by Magistrate Judge Michael R. Wilner Status Conference re settlement set for 8/11/2022 at 02:00 PM before Magistrate Judge Michael R. Wilner. Zoom link sent to parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jm) TEXT ONLY ENTRY |
| Filing 185 Proposed Voir Dire Questions filed by Cross-Defendant and Rule 14(a) Claimant Sungyou Enterprise Co., Ltd... (Lee, Ginam) |
| Filing 184 SUPPLEMENT to MOTION IN LIMINE #1 to Preclude ALL EVIDENCE REGARDING THE WESTERN EXPORT SERVICES ADV. GHIRARDELLI CHOCOLATE COMPANY LITIGATION AND ARBITRATION [FRE 401 and 403] #170 filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc.. (Attachments: #1 WESTERN EXPORTS SERVICES, INC.S MOTION IN LIMINE #2, #2 WESTERN EXPORT SERVICES, INC.S MOTION IN LIMINE #3)(Morrow, Margaret) |
| Filing 183 STATEMENT of Case filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd., Cross Claimant Sungyou Enterprise Co., Ltd., Counter Defendant Sungyou Enterprise Co., Ltd., ThirdParty Plaintiff Webtrans Logistics, Inc., Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc. (Morrow, Margaret) |
| Filing 182 PROPOSED JURY VERDICT Sungyou Enterprise Co., Ltd., Webtrans Logistics, Inc., Western Export Services, Inc.. (Morrow, Margaret) |
| Filing 181 PROPOSED JURY INSTRUCTIONS Sungyou Enterprise Co., Ltd., Webtrans Logistics, Inc., Western Export Services, Inc... (Attachments: #1 Disputed Proposed Joint Jury Instructions)(Morrow, Margaret) |
| Filing 180 MINUTES OF HEARING ON TRIAL PREPARATION AND CONTINUANCE held before Magistrate Judge John E. McDermott: Matter was called. Parties stated their appearances. Court advised that the trial hasbeen continued to September 13, 2022 at 9:15a.m. Counsel are to arrive no later than 8:15a.m. to coordinate with the Courtroom Deputy. [See Order for details] Court Reporter: Zoom/CS08052022. (et) |
| Filing 179 TEXT ONLY ENTRY - The Court ORDERS that Webtrans, Logistics, Inc.'s trial time allotment be reduced from 10 hours to 5 hours, subject to increase for good cause. Webtrans concurred in the adjustment. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 178 TEXT ONLY ENTRY - Magistrate Judge Michael Wilner has agreed to serve as a settlement judge in this case. He will contact counsel late next week. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 177 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION IN LIMINE (#2) to Preclude All Evidence and Testimony from Sangil Kim and Jungsup Kim, on the Basis of Lack of Expert Qualifications #175 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: The correct event is Motions and Related Filings, Response/Replies/Other Motion Related Documents, Declaration (Motion related). 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. (et) |
| Filing 176 SCHEDULING NOTICE TEXT ONLY ENTRY - 172 . The Court requests the appearance of Sungyous counsel, Mr. Le on 8/5/2022 at 10:00am to discuss scheduling with other counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 175 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Preclude All Evidence and Testimony from Sangil Kim and Jungsup Kim, on the Basis of Lack of Expert Qualifications filed by Plaintiff/ Cross-defendant Western Export Services, Inc..(Morrow, Margaret) |
| Filing 174 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: MOTION IN LIMINE #1 to Preclude ALL EVIDENCE REGARDING THE WESTERN EXPORT SERVICES ADV. GHIRARDELLI CHOCOLATE COMPANY LITIGATION AND ARBITRATION [FRE 401 and 403] #170 by Magistrate Judge John E. McDermott. Counsel must file exhibits to #170 no later than tomorrow by 10am. (san) |
| Filing 173 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION IN LIMINE #1 to Preclude ALL EVIDENCE REGARDING THE WESTERN EXPORT SERVICES ADV. GHIRARDELLI CHOCOLATE COMPANY LITIGATION AND ARBITRATION [FRE 401 and 403] [170-1]. The following error(s) was/were found: Exhibit 1" and Exhibit 2" mentioned in the declaration are not attached to the motion. 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. (es) |
| Filing 172 SCHEDULING NOTICE by Magistrate Judge John E. McDermott. The Court orders a hearing for 8/5/2022 at 10:00 AM re Webtrans Logistics, Inc.'s trial time allotment. Zoom Link Information: Telephone: (669) 254-5252; Webinar ID: 161 286 5928; Passcode: 601571THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 171 AMENDED JOINT EXHIBIT LIST Exhibit List filed by Sungyou Enterprise Co., Ltd., Webtrans Logistics, Inc., Western Export Services, Inc... (Morrow, Margaret) |
| Filing 170 NOTICE OF MOTION AND MOTION IN LIMINE #1 to Preclude ALL EVIDENCE REGARDING THE WESTERN EXPORT SERVICES ADV. GHIRARDELLI CHOCOLATE COMPANY LITIGATION AND ARBITRATION [FRE 401 and 403] filed by Plaintiff/ Cross-Defendant Western Export Services, Inc.. (Attachments: #1 WESTERN EXPORTS SERVICES, INC.S MOTION IN LIMINE #2 TO PRECLUDE ALL EVIDENCE AND TESTIMONY FROM SANGIL KIM AND JUNGSUP KIM, ON THE BASIS OF LACK OF EXPERT QUALIFICATIONS; DECLARATION OF MARGARET MORROW, #2 WESTERN EXPORT SERVICES, INC.S MOTION IN LIMINE #3 TO PRECLUDE ALL EVIDENCE AND TESTIMONY THAT IS CONTRARY TO THE LAW OF THIS CASE)(Morrow, Margaret) |
| Filing 169 NOTICE OF MOTION AND MOTION IN LIMINE TWO to Bar WESTERN EXPORT PROVIDING TRIAL TESTIMONY THAT CONTRADICTS ITS RULE 30(b)(6) WITNESS DEPOSITION TESTIMONY AND PRODUCTION OF DOCUMENTS filed by Cross-Defendant and Rule 14(a) Claimant Sungyou Enterprise Co., Ltd.. Motion set for hearing on 8/16/2022 at 09:15 AM before Magistrate Judge John E. McDermott.(Lee, Ginam) |
| Filing 168 NOTICE OF MOTION AND MOTION IN LIMINE ONE to Preclude WESTERN EXPORT FROM OFFERING DOCUMENTS OR OTHER EVIDENCE THAT WERE NOT PRODUCED IN DISCOVERY AND/OR ANY TESTIMONY RELATED THERETO filed by Cross-Defendant and Rule 14(a) Claimant Sungyou Enterprise Co., Ltd.. Motion set for hearing on 8/16/2022 at 09:15 AM before Magistrate Judge John E. McDermott.(Lee, Ginam) |
| Filing 167 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Preclude Evidence of or Reference to Defendant's Profits or Financial Condition filed by Defendant and Third-Party Plaintiff Webtrans Logistics, Inc.. Motion set for hearing on 8/16/2022 at 09:15 AM before Magistrate Judge John E. McDermott.(Estrella, Mark) |
| Filing 166 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Preclude Evidence of or Reference to Plaintiff's Breach of Fiduciary Duty Claim filed by Defendant and Third-Party Plaintiff Webtrans Logistics, Inc.. Motion set for hearing on 8/16/2022 at 09:15 AM before Magistrate Judge John E. McDermott.(Estrella, Mark) |
| Filing 165 SCHEDULING NOTICE by Magistrate Judge John E. McDermott re #157 . The Court directs that the parties shall submit to the Court any voir dire questions it wishes the Court to ask prospective jurors by August 10, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 164 SCHEDULING NOTICE by Magistrate Judge John E. McDermott re: #157 . The Chief Judge has approved this Courts request for a civil jury trial starting on August 16, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 163 TEXT ONLY ENTRY re Order #158 . The Court has decided to hold trial on Monday, August 22, 2022, notwithstanding anything to the contrary in the Final Civil Trial Order( Dkt. 157.) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
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Filing 162
ORDER by Magistrate Judge John E. McDermott: GRANTING #159 APPLICATION TO AMEND EXHIBIT LIST TO INCLUDE SUNGYOU DOCUMENT WITH BATES NOS. 755 AND 756 CONSISTING OF ONE EMAIL, the Court grants the Application and will allow a Joint Amended Exhibit List, which shall include the above-described document to be filed forthwith. (es)
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| Filing 161 NOTICE OF NON-OPPOSITION to APPLICATION for Order #159 filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. (Lee, Ginam) |
| Filing 160 SCHEDULING NOTICE by Magistrate Judge John E. McDermott re: APPLICATION for Order #159 Third-Party Defendant Sungyou Enterprise may file an opposition not later than 7/27/2022. Thereafter, the Application will be under submission.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 159 APPLICATION TO AMEND Exhibit List To Include Sungyou Document with Bates Nos. 755 and 756 Consisting of one e-mail and Declaration of Margaret Morrow filed by Plaintiff/ Cross-Defendant Western Export Services, Inc... (Attachments: #1 Proposed Order Granting Application to Amend Exhibit List)(Morrow, Margaret) Modified on 7/25/2022 (es). |
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Filing 158
FINAL PRETRIAL CONFERENCE ORDER by Magistrate Judge John E. McDermott, See Order for details. (es)
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Filing 157
CIVIL TRIAL ORDER (FINAL) by Magistrate Judge John E. McDermott, This case is set for a jury trial on August 16, 2022, at 9:15 a.m. See Order for further details and deadlines. (es)
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| Filing 156 MINUTES OF PRETRIAL CONFERENCE held before Magistrate Judge John E. McDermott: The Court advised the parties that it has requested a trial date of August 16, 2022 from the Chief Judge and will promptly advise the parties when a date is approved. The Court ordered the parties to meet and confer on all outstanding issues and present a Joint Report on any issues in dispute. The Court indicated its intent to delete certain provisions regarding Webtrans Logistics, Inc. in the Proposed Pretrial Conference Order because they are contrary to the Court's prior rulings. Counsel for Webtrans did not object and agreed that the provisions should be deleted from the Final Pretrial Conference Order. See Order for further details. Court Reporter: ZOOM/CS 07192022. (es) |
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Filing 155
CIVIL TRIAL ORDER (TENTATIVE) by Magistrate Judge John E. McDermott. This case is set for a jury trial on August 16, 2022, at 9:15 a.m. [See Order for further details and deadlines.] (es)
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| Filing 154 SCHEDULING NOTICE by Magistrate Judge John E. McDermott re: Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #135 Pretrial Conference set for 7/19/2022 10:00 AM before Magistrate Judge John E. McDermott. Zoom Link Information: Telephone: (669) 254-5252; Webinar ID: 161 286 5928; Passcode: 601571 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 153 AMENDED MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant and Third-Party Plaintiff Webtrans Logistics, Inc.. (Estrella, Mark) |
| Filing 152 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Third Party Defendant and Rule 14(a) Claimant Sungyou Enterprise Co., Ltd.. (Lee, Ginam) |
| Filing 151 Witness List Sungyou Enterprise Co., Ltd., Webtrans Logistics, Inc., Western Export Services, Inc... (Attachments: #1 Pretrial Conference Order, #2 Joint Exhibit List, #3 Memorandum of Contentions of Facts and Law)(Morrow, Margaret) |
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Filing 150
MINUTE ORDER (IN CHAMBERS) RE JOINT PROPOSAL REGARDING PRE-TRIAL HEARING DATE AND DATES FOR FILING OF PRE-TRIAL DOCUMENTS (Dkt. #134 , #135 ) by Magistrate Judge John E. McDermott: On April 18, 2022, the parties filed a Joint Proposal Regarding Pre-Trial Hearing Dates And Dates For Filing Of Pre-Trial documents. (Dkt. 134.) The Court approved the parties' Joint Proposal. (Dkt. 135.) The Proposal so ordered requires Memorandum of Fact and Law, Joint Exhibit List and Joint Witness List to be filed no later than June 28, 2022. (Dkt. 134.) The Court requests that the above material be filed no later than July 11, 2022. That is the same day the Proposed Pre-Trial Conference Order is due as set forth in Dkt. 134. (es)
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Filing 149
ORDER ALLOWING THE WITHDRAWAL OF ADMISSIONS TO SUNGYOU ENTERPRISE CO.'S UNCONTROVERTED FACTS NOS. 22 AND 29 AND FILING OF THE AMENDED STATEMENTS OF DISPUTEDS TO SUNGYOU ENTERPRISE CO.'S UNCONTROVERTED FACTS AND ADDITIONAL MATERIAL FACTS [DKT NOS. 140-4 AND 141-4] by Magistrate Judge John E. McDermott, To correct inadvertent errors and avoid prejudice to WES caused by those errors, the Court orders that WES' admission to Sungyou's Uncontroverted Fact nos. 22 [Dkt. No. 141-4] and 29 [Dkt. No. 140-4] be withdrawn and that the proposed Amended Statement of Genuine Disputes and Additional Material Facts and its proposed Statement of Disputes to Sungyou Enterprise Co. be filed. (es)
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| Filing 148 MINUTES (IN CHAMBERS) RE SUNGYOU ENTERPRISE CO.'S MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY, PARTIAL SUMMARY ADJUDICATION BY SUNGYOU ENTERPRISE CO. AS TO WESTERN EXPORT SERVICES, INC.'S RULE 14(a) COMPLAINT; AND RULE 14(a) PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY, MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST SUNGYOU ENTERPRISE CO. (Dkt. Nos. 137 and 138) by Magistrate Judge John E. McDermott: The Court DENIES Sungyou's contention in MSJ 2 that WES lacks standing to pursue its claims here. The Court DENIES WES' MSJ 1 for breach of contract and GRANTS Sungyou's MSJ 2 on that claim. As to WES claims for unjust enrichment and reasonable value of goods sold, the Court DENIES MSJ 1 and MSJ 2 because of genuine disputes of material fact. Rule 56(a). Granting in part and Denying in part #137 for Summary Judgment Denying #138 for Summary Judgment. [See Order for details.] (es) |
| Filing 147 MEMORANDUM in Opposition to Notice of Errata by Western Export Services Inc. [Dkt. 145, 146] filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. (Lee, Ginam) |
| Filing 146 [[PROPOSEDl ORDER ALLOWING THE WITHDRAWAL OF ADMISSIONS TO SUNGYOU ENTERPRISE CO.' S UNCONTROVERTED FACTS NOS. 22 AND 29 AND FILING OF THE AMENDED STATEMENTS OF DISPUTEDS TO SUNGYOU ENTERPRISE CO.'S UNCONTROVERTED FACTS AND ADDITIONAL MATERIAL FACTS [DKT NOS. 140-4 AND 141-4] filed as] NOTICE OF ERRATA filed by Plaintiff Western Export Services, Inc.. correcting Order on Motion for Summary Judgment,,,,,, Motion Hearing,, #144 , Objection/Opposition (Motion related),, #140 , Text Only Scheduling Notice,, 143 , Reply (Motion related),, #142 , Reply (Motion related),, #141 (Mirkovich, Joseph) Modified on 6/29/2022 (es). |
| Filing 145 NOTICE OF ERRATA filed by Cross Defendant Western Export Services, Inc.. correcting Order on Motion for Summary Judgment,,,,,, Motion Hearing,, #144 , Objection/Opposition (Motion related),, #140 , Text Only Scheduling Notice,, 143 , Reply (Motion related),, #142 (Mirkovich, Joseph) |
| Filing 144 MINUTES OF HEARING ON MOTION FOR SUMMARY JUDGMENT AS TO WESTERN EXPORT SERVICES INC. RULE 14(a) CLAIM (Dkt. 137) AND MOTION FOR SUMMARY JUDGMENT AS TO AGAINST SUNGYOU ENTERPRISE CO (Dkt. 138) Hearing held before Magistrate Judge John E. McDermott: Matter was called. Parties stated their appearances. Court heard oral argument. The Motions for Summary Judgment are hereby under submission. Taking under advisement #137 NOTICE OF MOTION AND MOTION for Summary Judgment as to Western Export Services, Inc.'s Rule 14(a) Claim against Sungyou Enterprise Co. ; Taking under advisement #138 NOTICE OF MOTION AND MOTION for Summary Judgment as to Against Sungyou Enterprise CO. Court Reporter: ZOOM 06/28/2022. (es) |
| Filing 143 SCHEDULING NOTICE by Magistrate Judge John E. McDermott re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Western Export Services, Inc.'s Rule 14(a) Claim against Sungyou Enterprise Co. #137 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Against Sungyou Enterprise CO. #138 Motion set for hearing on 6/28/2022 at 10:00 AM before Magistrate Judge John E. McDermott. Zoom Link Information: Telephone: (669) 254-5252; Webinar ID: 161 286 5928; Passcode: 601571 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 142 REPLY NOTICE OF MOTION AND MOTION for Summary Judgment as to Western Export Services, Inc.'s Rule 14(a) Claim against Sungyou Enterprise Co. #137 filed by Counter Claimant Western Export Services, Inc.. (Attachments: #1 Dispute as to WES Additional Material Fact, #2 Declaration of Mi Kyung Hur, #3 Exhibit to Declaration of Mi Kyung Hur (Exh 8-10), #4 Memorandum Objections to Declaration of Steven Meier and Declaration of Gi Nam Lee, #5 Memorandum re Response to Objection to Declaration of Mi Kyung Hur)(Attorney Ginam Lee added to party Western Export Services, Inc.(pty:cc))(Lee, Ginam) |
| Filing 141 REPLY In Support of WES' Motion for Summary Judgment NOTICE OF MOTION AND MOTION for Summary Judgment as to Against Sungyou Enterprise CO. #138 filed by Plaintiff Western Export Services, Inc.. (Attachments: #1 Declaration Supplemental Declaration of Steven Meier, #2 Memorandum Western Export Services, Inc.'s Opposition and Objections to Sungyou Enterprise Co.'s Request for Judicial Notice, #3 Memorandum Objections to the Declaration of Mi Kyoung Hur Filed in Opposition to Wes' Motion for Summary Judgment, #4 Memorandum Plaintiff Western Export Services' Statement of Disputes to Sungyou Enterprises Co.'s Additional Material Facts)(Morrow, Margaret) |
| Filing 140 OPPOSITION TO Sungyou Enterprise Co.'s Motion for Summary Judgment, or Alternatively, Partial Summary Adjudication re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Western Export Services, Inc.'s Rule 14(a) Claim against Sungyou Enterprise Co. #137 filed by Plaintiff Western Export Services, Inc.. (Attachments: #1 Declaration Declaration of Steven Meier, #2 Declaration Declaration of Margaret E. Morrow, #3 Memorandum Objections to the Declaration of Mi Kyoung Hur, #4 Memorandum Plaintiff's Statement of Genuine Disputes and Additional Material Facts)(Morrow, Margaret) |
| Filing 139 OPPOSITION re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Against Sungyou Enterprise CO. #138 filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. (Attachments: #1 Statement of Genuine Disputes and Additional Material Facts, #2 Declaration of Mi Kyung Hur, #3 Exhibit of Mi Kyung Hur (Ex 1-8), #4 Declaration of Gi Nam Lee (Ex A-B), #5 Request for Judicial Notice, #6 Objections to Declaration of Steven Meier, #7 Proposed Order)(Lee, Ginam) |
| Filing 138 NOTICE OF MOTION AND MOTION for Summary Judgment as to Against Sungyou Enterprise CO. filed by Plaintiff/ Cross-Defendant Western Export Services, Inc.. Motion set for hearing on 6/28/2022 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Memorandum WES' Memorandum of Points and Authorities in Support of its MSJ or, Motion for Partial Summary Judgment, #2 Declaration Declaration of Steven Meier in Support of Rule 14(a) Plaintiff's Motion for Summary Judgment or, Alternatively, Motion for Partial Summary Judgment Against Sungyou Enterprise CO., #3 Memorandum Plaintiff's Statement of Undisputed Facts in Support of Motion for Summary Judgment or, Alternatively, Motion for Partial Summary Judgment Against Sungyou Enterprise CO., #4 Proposed Order Proposed Order re Plaintiff's Motion for Summary Judgment or, Alternatively. Motion for Partial Summary Judgment Against Sungyou Enterprise CO.) (Morrow, Margaret) |
| Filing 137 NOTICE OF MOTION AND MOTION for Summary Judgment as to Western Export Services, Inc.'s Rule 14(a) Claim against Sungyou Enterprise Co. filed by Third Party Defendant and Rule 14(a) Claimant Sungyou Enterprise Co., Ltd.. Motion set for hearing on 6/28/2022 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Statement of Uncontroverted Facts, #2 Declaration of Mi Kyung Hur, #3 Exhibit of Mi Kyung Hur (Ex 1-7), #4 Declaration of Gi Nam Lee (Ex A-B), #5 Request for Judicial Notice, #6 Proposed Order [Proposed] Judgment) (Lee, Ginam) |
| Filing 136 JOINT REPORT of LENGTH OF TRIAL filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
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Filing 135
MINUTE ORDER (IN CHAMBERS) RE JOINT PROPOSAL REGARDING PRE-TRIAL HEARING DATE AND DATES FOR FILING OF PRE-TRIAL DOCUMENTS (Dkt. #134 ) by Magistrate Judge John E. McDermott: The Court also ORDERS the parties to submit their estimate of the number of trial days expected so that the Court can secure the courtroom on those days, by April 22, 2022. (es)
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| Filing 134 JOINT PROPOSAL REPORT of Meet and Confer Pre-Trial Hearing Date and Dates for Filing of Pre-Trial Documents filed by Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
| Filing 133 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request to Redact Transcript - Electronic Court Recording/Court Smart #132 . The following error(s) was found: INCORRECT FORM USED; TRANSCRIPT REDACTION REQUEST SHOULD BE IN PLEADING FORMAT ALONG WITH A PROPOSED ORDER INCLUDING ALL ITEMS THAT ARE REQUESTED TO BE REDACTED. You must electronically refile the above referenced Request to Redact in this case to correct this deficiency. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ls) TEXT ONLY ENTRY |
| Filing 132 REQUEST TO REDACT ELECTRONIC COURT RECORDING/COURT SMART submitted to Electronic Court Recorder re Transcript #122 Filed by Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
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Filing 131
MINUTE ORDER (IN CHAMBERS) RE TRIAL DATE AND PROPOSED SCHEDULING ORDER by Magistrate Judge John E. McDermott: The Court vacates the April 26, 2022 trial date regarding Western Export Services, Inc's (WES) claims against Defendant Webtrans Logistics, Inc. ("Webtrans") and reschedules it for August 16, 2022. This is the same date for trial of WES' counterclaim against Sungyou Enterprise Co. ("Sungyou"). (Dkt. #129 .) The Court is concerned that overlapping issues potentially could result in inconsistent outcomes if these claims are tried separately. The Court also ORDERS the parties to meet and confer and submit by April 18, 2022 a proposed Scheduling Order in compliance with Local Rule 16, including 16-4, 16-5, 16-6, 16-7 and 16-8. The Court also ORDERS that the parties provide the Court with an estimate of the number of trial days expected. (es)
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Filing 130
MEMORANDUM OPINION AND ORDER RE SUMMARY JUDGMENT OR, ALTERNATIVELY, MOTION FOR PARTIAL SUMMARY JUDGMENT by Magistrate Judge John E. McDermott: The Court DENIES the Motion as there are factual disputes regarding authorization and payment. The Court DENIES the Motion as there are factual disputes regarding authorization and payment. Denying #108 for Summary Judgment or Alternatively, Motion for Partial Summary Judgment. Related to: Plaintiff's Memorandum of Points and Authorities in Support of Its Motion For Summary Judgment or Alternatively Motion For Partial Summary Judgment Against Webtrans Logistics, Inc. #107 . [See Order for details.] (es)
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Filing 129
MINUTE ORDER (IN CHAMBERS) SCHEDULING ORDER by Magistrate Judge John E. McDermott: The Court has reviewed the Joint Status Report submitted by Western Export Services, Inc. ("WES") and Sungyou Enterprise Co. ("Sungyou") for the disposition of WES Counterclaim against Sungyou. (Dkt. 126.) The Court adopts the following Scheduling Order: 05/31/2022 Cross Motions for Summary Judgment to be filed by WES and Sungyou 06/07/2022 Opposition or Response. 06/14/2022 Reply. 06/28/2022 Hearing on Cross-Motions at 10:00 am. If summary judgment is denied, the trial date shall be August 16, 2022 at 10:00 am. re: Status Report #126 . (es)
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Filing 128
ORDER RE REQUEST TO SEAL TRANSCRIPT FROM COURT HEARING HELD ON MARCH 9, 2022, OR ALTERNATIVELY, TO REDACT PAGE 3, LINES 10-16 by Magistrate Judge John E. McDermott granting 127 APPLICATION: This Court grants the Request and orders that: the transcript from the hearing held in this case on March 9, 2022, be sealed. (bm)
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| Filing 126 STATUS REPORT [JOINT] re BRIEFING SCHEDULE AND HEARING DATE FOR SUMARY JUDGMENT AND PROPOSED TRIAL DATE filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. (Lee, Ginam) |
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Filing 125
MINUTE ORDER (IN CHAMBERS) ORDER RE WES' COUNTERCLAIM by Magistrate Judge John E. McDermott: The parties shall submit a Joint Status Report by March 30, 2022 regarding the briefing schedule and hearing date on any motions for summary judgment on WES' counterclaim and a proposed trial date if summary judgment is denied. See Order for further details. (es)
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| Filing 124 NOTICE of Intent to Request Redaction from Court Smart (CS), filed by Plaintiff/Croiss-Defendant Western Export Services, Inc., re Transcript #122 . (Morrow, Margaret) |
| Filing 121 BRIEF filed by Defendant and Third-Party Plaintiff Webtrans Logistics, Inc.. Re: Sua Sponte Dismissal of Plaintiff's Counterclaim Against Sungyou regarding Order on Motion for Summary Judgment,,,, Order on Motion for Order,,,, Motion Hearing,,, #119 . (Estrella, Mark) |
| Filing 120 BRIEF filed by Plaintiff/Cross-Defendant Western Export Services, Inc.. Brief re SWA Sponte Dismissal regarding Order on Motion for Summary Judgment,,,, Order on Motion for Order,,,, Motion Hearing,,, #119 . (Morrow, Margaret) |
| Filing 123 NOTICE OF FILING TRANSCRIPT filed for proceedings 03/09/22 re Transcript #122 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (yja) TEXT ONLY ENTRY |
| Filing 122 SEALED TRANSCRIPT for proceedings held on 03/09/22. The transcript has been ordered SEALED by the court on 3/31/22 #128 . Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, phone number 361-949-2988. 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 3/31/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 6/8/2022. (yja) Modified on 4/1/2022 (jlo). |
| Filing 119 MINUTES OF HEARING ON MOTION FOR SUMMARY JUDGMENT (Dkt. 108) AND REQUEST FOR ORDER FOR CLARIFICATION OF SCHEDULING NOTICE ISSUED ON 12/9/21 (Dkt. 116) held before Magistrate Judge John E. McDermott: Matter was called. Parties stated their appearances. Court heard oral argument. The Court addresses Sungyou's Request for Clarification of the trial date for its interference claims. A trial date will be set within a month or two, after the Court resolves WES' claim against Webtrans Logistics, Inc. The Court announced its intent to dismiss WES' counterclaim against Sungyou. The Court obliged Plaintiff's request to file a supplemental brief concerning that claim. The Motion for Summary Judgment is hereby under submission. A ruling will follow. Taking under advisement #108 Motion for Summary Judgment, Granting in part and Denying in part #116 REQUEST for Clarification. Court Reporter: ZOOM/CS03092022. (es) |
| Filing 118 SCHEDULING NOTICE by Magistrate Judge John E. McDermott for hearing set March 9, 2022 at 10:00am re: Notice of Motion, #108 , REQUEST for Order for Clarification of Scheduling Notice #116 . Zoom Link Information: Telephone: (669) 254-5252; Webinar ID: 161 286 5928; Passcode: 601571 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 117 REPLY Motion for Summary Judgment Second NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Memorandum of Points and Authorities in Support of Its Motion For Summary Judgment or Alternatively Motion For Partial Summary Judgment Against Webtrans Logistics, Inc. 107 filed by Cross Defendant Western Export Services, Inc.. (Attachments: #1 Declaration Objection to the Declaration of Kevin Hwang in Opposition to Plaintiff's Motion For Summary Judgmenty or Alternatively Motion For Partial Summary Judgment Against Webtrans Logistics Inc., #2 Supplement Supplemental Declaration of Steven Meier in Support of Plaintiff's Motion For Summary Judgment or Alternatively Moiton For Partial Summary Judgment Against Webtrans Logistics Inc., #3 Memorandum Motion To Strike Portion of Defendant's Memorandum of Points and Authorities in Opposition To Plaintiff's Motion For Summary Judgment or Alternatively Motion For Partial Summary Judgment Against Webtrans Logistics Inc)(Morrow, Margaret) |
| Filing 116 REQUEST for Order for Clarification of Scheduling Notice issued on 12/09/2021 [Dkt. 105] filed by Third Party Defendant and Rule 14(a) Claimant Sungyou Enterprise Co., Ltd.. Request set for hearing on 3/9/2022 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Proposed Order) (Lee, Ginam) |
| Filing 115 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Miscellaneous Document #113 , Deficiency in Electronically Filed Documents (G-112A) - optional html form,, #114 by Magistrate Judge John E. McDermott. The document is stricken. (san) |
| Filing 114 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #113 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests: Order. Other error(s) with document(s): Note: To assist in a search for correct events, use the "SEARCH" option using "key words" to narrow the selection process. 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. (es) |
| Filing 113 **STRICKEN** Notice of Motion and Motion for Clarification of Scheduling Notice re: Text Only Scheduling Notice, 105 (Lee, Ginam) Modified on 2/23/2022 (san). |
| Filing 112 DECLARATION of Kevin Hwang in opposition to Second NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Memorandum of Points and Authorities in Support of Its Motion For Summary Judgment or Alternatively Motion For Partial Summary Judgment Against Webtrans Logistics, Inc. 107 filed by Defendant Webtrans Logistics, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Estrella, Mark) |
| Filing 111 STATEMENT of Genuine Issues in Support of Opposition Second NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Memorandum of Points and Authorities in Support of Its Motion For Summary Judgment or Alternatively Motion For Partial Summary Judgment Against Webtrans Logistics, Inc. 107 filed by Defendant Webtrans Logistics, Inc.. (Estrella, Mark) |
| Filing 110 MEMORANDUM in Opposition to Second NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Memorandum of Points and Authorities in Support of Its Motion For Summary Judgment or Alternatively Motion For Partial Summary Judgment Against Webtrans Logistics, Inc. 107 filed by Defendant Webtrans Logistics, Inc.. (Estrella, Mark) |
| Filing 109 STATEMENT of Plaintiff's Statement of Undisputed Facts in Support of Motion For Summary Judgment or Alternatively Motion For Partial Summary Judgment Against Webtrans Logistics, Inc. Second NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Memorandum of Points and Authorities in Support of Its Motion For Summary Judgment or Alternatively Motion For Partial Summary Judgment Against Webtrans Logistics, Inc. 107 filed by Cross Defendant Western Export Services, Inc.. (Morrow, Margaret) |
| Filing 108 NOTICE OF MOTION re Second NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Memorandum of Points and Authorities in Support of Its Motion For Summary Judgment or Alternatively Motion For Partial Summary Judgment Against Webtrans Logistics, Inc. |
| Filing 107 Second NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Memorandum of Points and Authorities in Support of Its Motion For Summary Judgment or Alternatively Motion For Partial Summary Judgment Against Webtrans Logistics, Inc. Second filed by Plaintiff Western Export Services, Inc.. Motion set for hearing on 3/9/2022 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Declaration Declaration of Margaret E. Morrow in Support of Motion for Summary Judgment or Alternately Motion for Partial Summary Judgment Against Webtrans Logistics, Inc., #2 Exhibit Exhibits 1 to 4 to the Declaration of Margaret E Morrow in Support of Motion for Summary Judgment or Alternatively Motion For Partial Summary Judgment Against Webtrans Logistics Inc., #3 Exhibit Exhibits 5 to 7 to the Declaration of Margaret E Morrow in Support of Motion For Summary Judgment or Alternatively Motion For Partial Summary Judgment Against Webtrans Logistics, Inc., #4 Declaration Declaration of Steven Meier in Support of Plaintiff's Motion For Summary Judgment or Alternately Motion For Partial Summary Judgment Against Webtrans Logisitics, Inc., #5 Proposed Order Proposed Order re Plaintiff's Motion for Summary Judgment or Alternatively Motion For Partial summary Judgment Against Webtrans Logistics, Inc.) (Morrow, Margaret) |
| Filing 106 RESCHEDULING NOTICE by Magistrate Judge John E. McDermott previously scheduled for March 8, 2022 10:00am has been rescheduled. Motion for Summary Judgment hearing is now set for 3/9/2022 at 10:00 AM before Magistrate Judge John E. McDermott. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 105 SCHEDULING NOTICE by Magistrate Judge John E. McDermott Motion for Summary Judgment set for hearing on 3/8/2022 at 10:00 AM before Magistrate Judge John E. McDermott. Bench Trial set for April 26, 2022 at 10:00 before Magistrate Judge John E. McDermott.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 104 NOTICE OF LODGING filed re Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #103 (Attachments: #1 Proposed Order re Schedule For Plaintiff's Motion For Summary Judgment and For Trial of Plaintiff's Claims Against Defendants)(Mirkovich, Joseph) |
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Filing 103
MINUTE ORDER (IN CHAMBERS) ORDER RE PARTIES' THIRD JOINT STATUS REPORTS (Dkt. Nos. #101 and #102 ) by Magistrate Judge John E. McDermott: Accordingly, the Court ORDERS the parties to meet and confer on a proposed scheduling order for trial of WES' claims to be submitted to the Court on or before December 7, 2021. The order should include a schedule for WES' summary judgment motion. The trial will be a bench trial and limited to WES' claim against Sungyou and Webtrans. re: Declaration #101 , Declaration, #102 (See document for further details.) (es)
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| Filing 102 DECLARATION of Gi Nam Lee re Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #100 and re Status Report re Audit of Damages alleged by Western Export Services, Inc. filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. (Lee, Ginam) |
| Filing 101 DECLARATION of Margaret Morrow re Status Report #99 re Audit of Damages Alleged By Western Export Services, Inc. filed by Cross Defendant Western Export Services, Inc.. (Morrow, Margaret) |
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Filing 100
MINUTE ORDER (IN CHAMBERS) ORDER RE PARTIES' SECOND JOINT STATUS REPORT (Dkt. #99 ) by Magistrate Judge John E. McDermott: The Court has reviewed the parties' Second Joint Status Report filed on October 25, 2021 #99 . The Court expects the parties to proceed as planned. The parties must meet with O&S and get a time-frame for completion of the report. If O&S cannot or will not provide a satisfactory time-frame, then the parties must select another auditor. The parties shall submit a Third Joint Status Report by November 18, 2021. (es)
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| Filing 99 STATUS REPORT filed by Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
| Filing 98 SCHEDULING NOTICE by Magistrate Judge John E. McDermott re Status Report #94 . The parties are hereby ORDERED to file a Status Report no later than 10/25/2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 97 STATUS REPORT Joint Status Report Regarding Audit of Damages Alleged By Western Export and Sunyou Enterprises filed by Cross Defendant Western Export Services, Inc.. (Morrow, Margaret) |
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Filing 96
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY MOTION FOR PARTIAL SUMMARY JUDGMENT (Dkt. #78 ) AND THIRD PARTY DEFENDANT AND RULE 14(A) CLAIMANT SUNGYOU ENTERPRISE CO., LTD'S MOTION FOR PARTIAL SUMMARY JUDGMENT (Dkt. #79 ) by Magistrate Judge John E. McDermott: The Court DENIES without prejudice both parties' summary judgment motions regarding Sungyou's interference claims against WES. The parties may refile their summary judgment motions when the parties audit is complete regarding WES' claim against Sungyou for $311,572.25. (es)
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| Filing 95 SCHEDULING NOTICE by Magistrate Judge John E. McDermott re: Status Report #94 . The parties are hereby ORDERED to file a Status Report no later than 9/8/2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 94 STATUS REPORT ON RETENTION OF AUDITOR IN A GOOD FAITH ATTEMPT TO RESOLVE THIS DISPUTE filed by Cross Defendant Western Export Services, Inc.. (Morrow, Margaret) |
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Filing 93
MINUTES (IN CHAMBERS) ORDER RE JOINT STATUS REPORT REGARDING OPTIONS FOR RESOLVING WES' CLAIM (Dkt. 89) by Magistrate Judge John E. McDermott: The Court ORDERS the parties to file an updated Joint Status Report on or before Wednesday, May 26, 2021. [See document for details.] (es)
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| Filing 92 BRIEF filed by Third Party Defendant and Rule 14(a) Claimant Sungyou Enterprise Co., Ltd.. regarding Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #88 . (Lee, Ginam) |
| Filing 91 BRIEF filed by Plaintiff Western Export Services, Inc.. regarding Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #88 . (Morrow, Margaret) |
| Filing 90 TEXT ONLY ENTRY RE SCHEDULING NOTICE by Magistrate Judge John E. McDermott. The Court approves the schedule set forth in the parties' Joint Status Report. #89 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 89 Joint Status REPORT of Options for Resolving WES' Claim filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
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Filing 88
MINUTES (IN CHAMBERS) ORDER RE SUNGYOU'S INTERFERENCE CLAIMS AGAINST WES ON SUMMARY JUDGMENT by Magistrate Judge John E. McDermott: The Court ORDERS the parties to meet and confer on options for resolving WES' claim and submit a Joint Status Report on same on or before February 12, 2021. The Court also ORDERS the parties to submit a brief on the proper measure of damages for interference claims by February 19, 2021. The Court will need this information for ruling on WES' evidentiary objections to Sungyou's expert report on damages. [see document for further details.] (es)
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Filing 87
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY MOTION FOR PARTIAL SUMMARY JUDGMENT (Dkt. 78) AND THIRD PARTY DEFENDANT AND RULE 14(A) CLAIMANT SUNGYOU ENTERPRISE CO., LTD'S MOTION FOR PARTIAL SUMMARY JUDGMENT (Dkt. 79) by Magistrate Judge John E. McDermott: [See document for details.] (es)
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Filing 86
MINUTES (IN CHAMBERS) ORDER RE TRIAL DATE by Magistrate Judge John E. McDermott: The pending trial date of March 9, 2021 is hereby vacated. After the Court rules on the parties' pending summary judgment motions, the Court will issue a new trial date or order other proceedings. (es)
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| Filing 85 SCHEDULING NOTICE by Magistrate Judge John E. McDermott re NOTICE OF MOTION AND MOTION for Summary Judgment as to Sungyou Rule 14(a) Claim #78 , NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to the 4th, 5th and 6th Counterclaims againt Western Export Services, Inc. #79 . Hearings set for December 15, 2020 are hereby off calendar. A ruling will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 84 REPLY in support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to the 4th, 5th and 6th Counterclaims againt Western Export Services, Inc. #79 filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. (Attachments: #1 Objections to Evidence, #2 Response to Additional Material Facts, #3 Declaration Supplemental of Mi Kyung Hur, #4 Exhibit 1-2 to Supplemental Declaration of Mi Kyung Hur, #5 Exhibit 3 to Supplemental Declaration of Mi Kyung Hur, #6 Declaration Supplemental of Gi Nam Lee, #7 Exhibit N-R to Supplmental Declaration of Gi Nam Lee)(Lee, Ginam) |
| Filing 83 REPLY in Opposition NOTICE OF MOTION AND MOTION for Summary Judgment as to Sungyou Rule 14(a) Claim #78 filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc.. (Attachments: #1 Supplemental Separate Statement of Uncontroverted Facts in Support of Western Export Services, Inc.s Motion for Summary Judgment or, Alternatively, Motion for Partial Summary Judgment, #2 Western Export Services Objections and Motion to Strike Portions of and Exhibits to the Declaration of Mi Kyoung Hur Submitted by Sungyou in Opposition to Western Exports Motion for Summary Judgment, #3 Western Export Services Objections and Motion to Strike Portions of and Exhibits to the Declaration of Ginam Lee Submitted by Sungyou in Opposition to Western Exports Motion for Summary Judgment, #4 Rulings on Evidence Submitted by Sungyou Enterprises in Support of its Motion for Partial Summary Judgment and in Opposition to Western Exports Motion for Summary Judgment, #5 Declaration of Margaret E. Morrow in Support of Western Export Services Supplemental Statement of Uncontroverted Facts, #6 Exhibit 1-7 to Declaration of Margaret Morrow)(Morrow, Margaret) |
| Filing 82 NOTICE OF ERRATA filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. correcting Objection/Opposition (Motion related),, #81 (Attachments: #1 Supplement Corrected Memorandum in Opposition to Western Export Services' Motion for Summary Judgment, #2 Supplement Corrected Separate Statement of Additional Facts)(Lee, Ginam) |
| Filing 81 OPPOSITION re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Sungyou Rule 14(a) Claim #78 filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. (Attachments: #1 Supplement Statement of Controverted and Additional Facts, #2 Declaration of Mi Kyung Hur, #3 Exhibit 1-2 to Declaration of Mi Kyung Hur, #4 Exhibit 3 to Declaration of Mi Kyung Hur, #5 Declaration of Gi Nam Lee, #6 Exhibit A-D to Declaration of Gi Nam Lee, #7 Exhibit E to Declaration of Gi Nam Lee, #8 Exhibit F-M to Declaration of Gi Nam Lee, #9 Exhibit N-R to Declaration of Gi Nam Lee, #10 Supplement Objection to Evidence)(Lee, Ginam) |
| Filing 80 OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to the 4th, 5th and 6th Counterclaims againt Western Export Services, Inc. #79 filed by Plaintiff Western Export Services, Inc.. (Attachments: #1 Statement of Genuine Disputes of Material Fact in Opposition to Sungyou Enterprise Co.s Motion for Partial Summary Judgment, #2 Objections to and Motion to Strike Portions of the Declaration of Mi Kyoung Hur [FRCP 56(c)(2)], #3 Objections to the Declaration of Ginam Lee and the Documents Attached Thereto and Motion to Strike)(Morrow, Margaret) |
| Filing 79 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to the 4th, 5th and 6th Counterclaims againt Western Export Services, Inc. filed by Third Party Defendant and Rule 14(a) Claimant Sungyou Enterprise Co., Ltd.. Motion set for hearing on 12/15/2020 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Statement of Uncontroverted Facts, #2 Declaration of Ginam lee, #3 Exhibit A-D to Declaration of Ginam Lee, #4 Exhibit E to Declaration of Ginam Lee, #5 Exhibit F-M to Declaration of Ginam Lee, #6 Declaration of Mi Kyoung Hur, #7 Exhibit 1-2 to Declaration of Mi Kyoung Hur, #8 Proposed Order) (Lee, Ginam) |
| Filing 78 NOTICE OF MOTION AND MOTION for Summary Judgment as to Sungyou Rule 14(a) Claim filed by Plaintiff Western Export Services, Inc.. Motion set for hearing on 12/15/2020 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Motion, #2 Separate Statement, #3 Declaration of David Cisneros, #4 Exhibit 1 - 2 to Dec of David Cisneros, #5 Declaration of Margaret Morrow, #6 Exhibit 1 - 4 to Dec of Margaret Morrow, #7 Exhibit 5 - 9 to Dec of Margaret Morrow, #8 Proposed Order) (Morrow, Margaret) |
| Filing 77 JOINT REPORT of SETTLEMENT STATUS filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
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Filing 76
ORDER EXTENDING LAW AND MOTION CUT-OFF DATE #75 by Magistrate Judge John E. McDermott, it is hereby ordered and decreed that the date on which the law and motion cut-off date is extended from November 16, 2020 to December 16, 2020. (es)
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| Filing 75 STIPULATION to Continue Law and Motion Cut-Off Date from 11/16/2020 to 12/16/2020 filed by plaintiff Western Export Services, Inc.. (Attachments: #1 Proposed Order Extending Law and Motion Cut-off Date)(Morrow, Margaret) |
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Filing 74
ORDER RE EXTENSION OF LAW AND MOTION CUT-OFF DATE #73 by Magistrate Judge John E. McDermott, the Court orders as follows: The Law and Motion Cut-Off Date is hereby extended to November 16, 2020. (es)
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| Filing 73 STIPULATION for Extension of Time to File Law and Motion Cut-Off Date filed by Plaintiff/Rule 14(a) Defendant Western Export Services, Inc.. (Attachments: #1 Proposed Order)(Morrow, Margaret) |
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Filing 72
(IN CHAMBERS) ORDER RE PRE-TRIAL AND TRIAL DATES by Magistrate Judge John E. McDermott: The Court hereby vacates the pre-trial conference date of August 24, 2020 and the trial date of September 16, 2020. Because of the coronavirus data, there will be no civil jury trials for the indefinite future. The Court will set a new, tentative trial date of March 9, 2021. The Court also continues the Law and Motion Cut-Off date of August 14, 2020 to September 15, 2020, to give the parties more time to file any dispositive motions. The Court ORDERS the parties to file a Joint Report on Settlement on or before September 30, 2020, on the history and status of settlement efforts. (es)
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| Filing 71 AMENDED JOINT Exhibit List filed by plaintiff Western Export Services, Inc... (Morrow, Margaret) |
| Filing 70 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant and Third-Party Plaintiff Webtrans Logistics, Inc.. (Estrella, Mark) |
| Filing 69 Witness List filed by Defendant and Third-Party Plaintiff Webtrans Logistics, Inc... (Estrella, Mark) |
| Filing 68 JOINT Exhibit List filed by Third Party Defendant and Rule 14(a) Claimant Sungyou Enterprise Co., Ltd... (Lee, Ginam) |
| Filing 67 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Third Party Defendant and Rule 14(a) Claimant Sungyou Enterprise Co., Ltd.. (Lee, Ginam) |
| Filing 66 Witness List filed by Third Party Defendant and Rule 14(a) Claimant Sungyou Enterprise Co., Ltd... (Lee, Ginam) |
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Filing 65
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S/RULE 14(A) DEFENDANT'S MOTION TO COMPEL RULE 14(A) PLAINTIFF'S FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS AND TO PRODUCE DOCUMENTS (Dkt. 48); PLAINTIFF'S/RULE 14(A) DEFENDANT'S MOTION TO COMPEL RULE 14(A) PLAINTIFF'S FURTHER RESPONSES TO INTERROGATORIES (Dkt. 49); AND PLAINTIFF'S/RULE 14(A) DEFENDANT'S MOTION TO COMPEL RULE 14(A) PLAINTIFF'S FURTHER REQUEST FOR ADMISSIONS (Dkt. 50) AND (Dkt. 61, 62, 63 and 64.) by Magistrate Judge John E. McDermott: The Court issues the following Order: 1. Sungyou is to produce all documents and amended responses in regard to the matters WES claims remain in dispute (Dkt. 61 at 8) that it has agreed to produce and serve, within 7 days of this Order. 2. The parties are to meet and confer by videoconference on any matters remaining in dispute by August 5, 2020.3. WES shall file a Supplemental Motion to Compel further discovery responses byAugust 10, 2020 as to any matter remaining in dispute. Sungyou shall file any opposition by August 17, 2020. WES may reply by August 21, 2020. The Court repeats its admonition that Local Rule 37-1 mandates that the parties meet and confer to reduce or eliminate issues in dispute. The Court also admonishes the parties that, this being a Court order, the sanctions available pursuant to Rule 37(b) apply to any violation of it. (see document for details.) (es)
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| Filing 64 DECLARATION of Margaret Morrow re Motion Related Document, #61 filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Morrow, Margaret) |
| Filing 63 NOTICE OF ERRATA filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. correcting Supplement(Motion related) #62 Memoradum re Joint Status Report #61 by refiling corrected Exhibits A, B, C, and D (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lee, Ginam) |
| Filing 62 SUPPLEMENT MEMORANDUM TO JOINT STATUS REPORT filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lee, Ginam) |
| Filing 61 JOINT REPORT RE PLAINTIFF/RULE 14(a) DEFENDANTS MOTION TO COMPEL RULE 14(a) PLAINTIFF SUNGYOUS FURTHER RESPONSES TO DISCOVERY; DECLARATION OF MARGARET MORROW re MOTION to Compel Further Response to Production of Documents, Set 1 #48 , MOTION to Compel FURTHER RESPONSES TO INTERROGATORIES #49 , MOTION to Compel FURTHER RESPONSES TO REQUEST FOR ADMISSIONS #50 filed by Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
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Filing 60
ORDER EXTENDING TIME WHEN JOINT REPORT MUST BE FILED #59 by Magistrate Judge John E. McDermott, it is hereby ordered and decreed that the date on which the Joint Report must be filed is extended from July 10, 2020, to July 20, 2020. (es)
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| Filing 59 STIPULATION for Extension of Time to File Joint Report Pertaining to Discovery Issues filed by Plaintiff/Rule 14(a) Defendant Western Export Services, Inc.. (Attachments: #1 Proposed Order)(Morrow, Margaret) |
| Filing 58 TEXT ONLY ENTRY re Stipulation for Extension of Time to File #57 . Plaintiff's counsel filed a stipulation re extension of time on 07/10 (Dkt 57) the stipulation and proposed order have errors the stipulation states that the Joint Report is due on 06/10 (it is due on 07/10) it asks for an extension to June 18 instead of July 18) - the Proposed Order also has the same errors it also says in compliance with Court's order of June 3, 2020 (when the Court order is dated June 30) at the bottom of the Proposed Order the signature line reads "Judge of the Superior Court" instead for Magistrate Judge of USDC. An amended stipulation and proposed order are due immediately. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 57 STIPULATION for Extension of Time to File Joint Report Pertaining to Discovery Issues filed by Plaintiff Western Export Services, Inc.. (Attachments: #1 Proposed Order)(Morrow, Margaret) |
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Filing 56
MINUTE ORDER (IN CHAMBERS) ORDER RE PLAINTIFF'S/RULE 14(A) DEFENDANT MOTION TO COMPEL RULE 14(A) PLAINTIFF'S FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS AND TO PRODUCE DOCUMENTS (Dkt. 48); PLAINTIFF'S/RULE 14(A) DEFENDANT MOTION TO COMPEL RULE 14(A) PLAINTIFF'S FURTHER RESPONSES TO INTERROGATORIES (Dkt. 49); AND PLAINTIFF'S/RULE 14(A) DEFENDANT MOTION TO COMPEL RULE 14(A) PLAINTIFF'S FURTHER REQUEST FOR ADMISSIONS (Dkt. 50) by Magistrate Judge John E. McDermott: The parties also are ORDERED to file a Joint Status Report by July 10, 2020 as to what, if anything, remains in dispute as to these other discovery requests. The Court admonishes the parties to comply with L.R. 37-1 which mandates counsel "to confer in a good faith effort to eliminate the necessity for hearing the motion or to eliminate as many of the disputes as possible." *See document for details.* (es)
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| Filing 55 SCHEDULING NOTICE by Magistrate Judge John E. McDermott re: MOTION to Compel Further Response to Production of Documents, Set 1 > #48 , MOTION to Compel FURTHER RESPONSES TO INTERROGATORIES #49 , MOTION to Compel FURTHER RESPONSES TO REQUEST FOR ADMISSIONS #50 . Hearing set for July 7,2020 is hereby vacated. A ruling will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 54 SUPPLEMENT to MOTION to Compel FURTHER RESPONSES TO INTERROGATORIES #49 , MOTION to Compel FURTHER RESPONSES TO REQUEST FOR ADMISSIONS #50 , MOTION to Compel Further Response to Production of Documents, Set 1 #48 filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. (Attachments: #1 Declaration Gi Nam Lee, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19)(Lee, Ginam) |
| Filing 53 REPLY in support of MOTION to Compel Further Response to Production of Documents, Set 1 #48 filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
| Filing 52 REPLY in support of MOTION to Compel FURTHER RESPONSES TO INTERROGATORIES #49 filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
| Filing 51 REPLY in support of MOTION to Compel FURTHER RESPONSES TO REQUEST FOR ADMISSIONS #50 filed by Cross Defendant Western Export Services, Inc., Plaintiff Western Export Services, Inc.. (Attachments: #1 Exhibit 1)(Morrow, Margaret) |
| Filing 50 NOTICE OF MOTION AND MOTION to Compel FURTHER RESPONSES TO REQUEST FOR ADMISSIONS filed by PLAINTIFFS/RULE 14(A) DEFENDANT Western Export Services, Inc.. Motion set for hearing on 7/7/2020 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Proposed Order)(Morrow, Margaret) |
| Filing 49 NOTICE OF MOTION AND MOTION to Compel FURTHER RESPONSES TO INTERROGATORIES filed by PLAINTIFFS/RULE 14(A) DEFENDANT Western Export Services, Inc.. Motion set for hearing on 7/7/2020 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Declaration of M. Morrow, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order)(Morrow, Margaret) |
| Filing 48 NOTICE OF MOTION AND MOTION to Compel Further Response to Production of Documents, Set 1 filed by PLAINTIFF/RULE 14(A) DEFENDANT Western Export Services, Inc.. Motion set for hearing on 7/7/2020 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 JOINT STIPULATION, #2 Declaration of M. Morrow, #3 Exhibit 1-15, #4 Proposed Order)(Morrow, Margaret) |
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Filing 47
STIPULATED PROTECTIVE ORDER #46 by Magistrate Judge John E. McDermott (es)
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| Filing 46 STIPULATION for Protective Order filed by Third-Party Defendant Sungyou Enterprise Co., Ltd.. (Attachments: #1 Proposed Order)(Lee, Ginam) |
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Filing 45
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION TO COMPEL THE DEPOSITION OF JAE SUK GHWON (Dkt. 43) by Magistrate Judge John E. McDermott: The Court ORDERS the parties to meet and confer on appropriate arrangements for a video conference deposition of Mr. Ghwon, including a date. WES' request for attorneys' fees is DENIED. The hearing on the Motion now scheduled for April 21, 2020 is hereby vacated. (See document for details.) (es)
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| Filing 44 OPPOSITION re: MOTION to Compel Deposition of Jae Suk Ghwon #43 filed by ThirdParty Defendant Sungyou Enterprise Co., Ltd.. (Attachments: #1 Declaration of Gi Nam Lee, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Lee, Ginam) |
| Filing 43 NOTICE OF MOTION AND MOTION to Compel Deposition of Jae Suk Ghwon filed by plaintiff/cross-defendant Western Export Services, Inc.. Motion set for hearing on 4/21/2020 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Declaration of Steven Meier, #2 Declaration of Margaret Morrow, #3 Exhibit 1-7 to the Declaration of Margaret Morrow, #4 Proposed Order)(Morrow, Margaret) |
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Filing 42
MINUTES [ IN CHAMBERS] ORDER RE JOINT RULE 26(f) REPORT (Dkt. #38 ) by Magistrate Judge John E. McDermott. The Court approves the Schedule presented with one change. The Schedule sets a deadline of 5/15/2020 to amend pleadings or add parties. Accordingly, the Court will set a deadline of 3/1/2020 for adding new parties. (et)
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| Filing 41 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Third-party Defendant Sungyou Enterprise Co., Ltd.. (Lee, Ginam) |
| Filing 40 CONSENT TO PROCEED before United States Magistrate Judge by all parties pursuant to GO 18-11 is approved by District Judge Otis D. Wright, II and Magistrate Judge John E. McDermott. This case is hereby reassigned to Magistrate Judge John E. McDermott for all further proceedings. Case number will now read 2:19-cv-04279 JEM. (esa) |
| Filing 39 COUNSEL ARE NOTIFIED, the Scheduling Conference set for December 16, 2019 is hereby VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 38 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4-5 days, filed by Plaintiff Western Export Services, Inc... (Morrow, Margaret) |
| Filing 37 NOTICE OF SCHEDULING CONFERENCE filed by Plaintiff/Cross-Defendant Western Export Services, Inc.. (Morrow, Margaret) |
| Filing 36 ANSWER to Answer to Crossclaim, Counterclaim #34 filed by Third-Party Defendant Sungyou Enterprise Co., Ltd..(Lee, Ginam) |
| Filing 35 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Crossclaim, Counterclaim #34 . The following error(s) was/were found: Caption on title page is missing the counterclaim parties. 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. (lom) |
| Filing 34 ANSWER to Answer to Third Party Complaint,, Crossclaim, #26 , COUNTERCLAIM against Sungyou Enterprise Co., Ltd. filed by Plaintiff/Cross-Defendant Western Export Services, Inc..(Morrow, Margaret) |
| Filing 33 21 DAY Summons Issued re Crossclaim, #26 as to cross defendant Western Export Services, Inc. (lc) |
| Filing 32 CERTIFICATION AND NOTICE of Interested Parties filed by CROSS-CPLAIMANT Sungyou Enterprise Co., Ltd., identifying SUNGYOU ENTERPRISE CO.. (Lee, Ginam) |
| Filing 31 Request for Clerk to Issue Summons on Answer to Third Party Complaint,, Crossclaim, #26 filed by CROSS-CLAIMANT Sungyou Enterprise Co., Ltd.. (Lee, Ginam) |
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Filing 30
ORDER that the Scheduling Conference is set for 12/16/19 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc)
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| Filing 29 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #27 . The following error(s) was found: The case number and/or judge(s)initials are incorrect. The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. 1) Please include Judge and Magistrate initials as part of the official case number as assigned to read : 2:19-cv-04279-ODW-JPR ; 2) The summons caption should have filers CROSS CLAIM CAPTION, naming and adding the party type as cross claimant and the cross defendant ( filing has erroneous caption and party type from the partys complaint and as plaintiff and defendant). 3) Please indicate near the Summons title ON THE CROSS CLAIM. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Third Party Complaint,, Crossclaim, #26 . The following error(s) was/were found: Case number is incorrect or missing. Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Other error(s) with document(s): Please always include the assigned Judge and Magistrate initials on the official case number to read as: 2:19-cv-04279-ODW-JPR. 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. (lc) |
| Filing 27 Request for Clerk to Issue Summons on Answer to Third Party Complaint,, Crossclaim, #26 filed by Third-Party Claimant Sungyou Enterprise Co., Ltd.. (Lee, Ginam) |
| Filing 26 ANSWER to Third Party Complaint #8 JURY DEMAND, CROSSCLAIM against Western Export Services, Inc. filed by Third-Party Claimant Sungyou Enterprise Co., Ltd..(Attorney Ginam Lee added to party Sungyou Enterprise Co., Ltd.(pty:3pd))(Lee, Ginam) |
| Filing 25 PROOF OF SERVICE Executed by Defendant Webtrans Logistics, Inc., upon third-party defendant Sungyou Enterprise Co., Ltd. served on 8/29/2019, answer due 9/19/2019. Service of the Summons and Complaint were executed upon Mi Kyoung Hur, Sales Director in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Estrella, Mark) |
| Filing 24 21 DAY Summons Issued re Third Party Complaint #8 as to Third Party Defendant Sungyou Enterprise Co., Ltd. (lc) |
| Filing 23 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Deficiency in Electronically Filed Documents (G-112A) - optional html form re statement filed by 7 Eleven #17 Docketed on this case in error should have been under 2-18-cv-7451 SJO Tammy Rozga v. 7 Eleven, Inc. (lc) |
| Filing 22 Request for Clerk to Issue Summons on Third Party Complaint #8 filed by defendant and third-party plaintiff Webtrans Logistics, Inc.. (Estrella, Mark) |
| Filing 21 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #20 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. Re Third party complaint summons Caption area : INCOMPLETE 1) as to defendant, third party plaintiff and as to Third party defendant. Named party area was left BLANK... at least one name on each section has to be cited and 2) re attachment... MISSING written text as "SEE ATTACHMENT". The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
| Filing 20 Request for Clerk to Issue Summons on Third Party Complaint #8 filed by defendant and third-party plaintiff Webtrans Logistics, Inc.. (Estrella, Mark) |
| Filing 19 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #18 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. CAPTION of the Third Party Complaint summons has to match the caption of the Third party Complaint ; Missing parties " and ROES 1 through 10, inclusive"... The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
| Filing 18 Request for Clerk to Issue Summons on Third Party Complaint #8 filed by third party defendant Webtrans Logistics, Inc.. (Estrella, Mark) |
| Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: 7 Eleven, IncStatement #16 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Incorrect event selected. Correct event to be used is: SEE BELOW UNDER OTHER. Other error(s) with document(s): proposed statement of controverted facts are to be approved by the Judge, and should not be efiled, but submitted as a separate attachment to a main document. In alternative, prepare a formal document: A Notice of lodging as the main pdf document, to which the proposed statement of uncontroverted facts will be submitted as the 2nd pdf attachment thereto.. 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. (lc) Modified on 8/22/2019 (lc). (DOCKETED ON THIS CASE IN ERROR SEE CLERICAL ERROR) |
| Filing 16 STATEMENT of Consent to Proceed Before a United States Magistrate Judge filed by Plaintiff Western Export Services, Inc. re: Minutes of In Chambers Order/Directive - no proceeding held, #15 . (Morrow, Margaret) |
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Filing 15
MINUTES (IN CHAMBERS) Order Requiring Joint Response by Magistrate Judge Jean P. Rosenbluth. No later than Monday, August 19, 2019, the parties must file a revised statement of consent, consenting to a Magistrate Judge on the voluntary consent list, or a joint notice that they wish to continue to have the assigned District Judge preside. (See document for details.) (sbou)
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| Filing 14 COUNSEL ARE NOTIFIED, the Scheduling Conference hearing set for August 12, 2019 is VACATED, due to counsel consenting to the magistrate judge, docket no. 11 filed on August 2, 2019. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Report #12 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Joint Report Rule 26(f) Discovery Plan. 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. (lom) |
| Filing 12 JOINT REPORT of RULE 26(f) filed by Plaintiff Western Export Services, Inc.. (Morrow, Margaret) |
| Filing 11 STATEMENT of Consent to Proceed Before a United States Magistrate Judge filed by Plaintiff Western Export Services, Inc. (Morrow, Margaret) |
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Filing 10
ORDER that the Scheduling Conference is set for 8/12/19 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc)
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Filing 9
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION; PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc)
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| Filing 8 THIRD PARTY COMPLAINT against Third-Party Defendants Sungyou Enterprise Co., Ltd., ROES 1 through 10, filed by Defendant and Third-Party Plaintiff Webtrans Logistics, Inc.. (Attachments: #1 Exhibit Exhibit A)(Estrella, Mark) |
| Filing 7 ANSWER to Complaint - (Discovery), filed by Defendant Webtrans Logistics, Inc..(Estrella, Mark) |
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Filing 6
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information.The address is http://www.cacd.uscourts.gov. (REFER TO DOCUMENT FOR FURTHER DETAILS) (vv)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Jean P. Rosenbluth. (lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 10, Webtrans Logistics, Inc. Filed by Plaintiff Western Export Services, Inc. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 3/04/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL, DOCUMENT 1-1 #1 ) (lh) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Webtrans Logistics, Inc., identifying New York Marine and General Insurance Company; ProSight Specialty Insurance; Avalon Risk Management. (Estrella, Mark) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Webtrans Logistics, Inc.. (Estrella, Mark) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of the State of California, County of Los Angeles, South Central District, case number 19CMCV00068 Receipt No: 0973-23754783 - Fee: $400, filed by defendant Webtrans Logistics, Inc.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Summons, Civil Case Cover Sheet, Civil Case Cover Sheet Addendum and Statement of Location, Notice of Case Assignment - Unlimited Civil Case & Notice of Case Management Conference) (Attorney Mark P Estrella added to party Webtrans Logistics, Inc.(pty:dft))(Estrella, Mark) |
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