H and T Seafood, Inc. v. Green Chef Corporation, et al
| H and T Seafood, Inc. |
| Does 1-10, inclusive and Green Chef Corporation |
| 2:2019cv05423 |
| June 21, 2019 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Alexander F MacKinnon |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal -- Other Contract |
| Plaintiff |
Docket Report
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Filing 56
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #40 filed by H and T Seafood, Inc.. CCA # 20-55000. A copy of this order shall serve as and for the mandate of this court. (lom)
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| Filing 55 STIPULATION to Dismiss Case pursuant to FRCP 41(a)(1) filed by Plaintiff H and T Seafood, Inc..(Rapoport, Gregg) |
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Filing 54
ORDER GRANTING JOINT STIPULATION TO CONTINUE HEARING ON ORDER TO SHOW CAUSE RE DISMISSAL by Judge Michael W. Fitzgerald, re Stipulation to Continue #53 . The hearing on Order to Show Cause re Dismissal (ECF No. 52) is continued to 4/13/2020 at 11:30 AM. (et)
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| Filing 53 Joint STIPULATION to Continue Hearing On Order To Show Cause Re Dismissal from March 30, 2020 to April 13, 2020 filed by Defendant Green Chef Corporation. (Attachments: #1 Proposed Order)(Mayhugh, Alexandra) |
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Filing 52
MINUTES (IN CHAMBERS) COURT ORDER by Judge Michael W. Fitzgerald. In light of counsel's representation on February 24, 2020 that the case has settled, the Court sets a hearing on Order To Show Cause Re Dismissal for March 30, 2020 at 11:30 a.m. If a stipulated dismissal is filed prior to this date, the matter will be taken off calendar and no appearance is needed. All other hearings and deadlines are hereby vacated. (iv)
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Filing 51
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: The Court has been advised by counsel that a settlement in principle has been reached in this case. Accordingly, the settlement conference scheduled for 2/25/20 is taken off calendar. (ib)
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| Filing 50 SCHEDULING NOTICE by Magistrate Judge Alexander F. MacKinnon: The time of the Settlement Conference previously scheduled for 2/25/20 at 10:00am has been changed. The Settlement Conference is now set for 2/25/20 at 11:00am before Magistrate Judge Alexander F. MacKinnon. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ib) TEXT ONLY ENTRY |
| Filing 49 NOTICE OF FILING TRANSCRIPT filed for proceedings November 18, 2019 re Transcript #48 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Diaz, Amy) TEXT ONLY ENTRY |
| Filing 48 TRANSCRIPT for proceedings held on November 18, 2019. Court Reporter/Electronic Court Recorder: Amy Diaz, phone number amfcrr@gmail.com. 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 2/24/2020. Redacted Transcript Deadline set for 3/5/2020. Release of Transcript Restriction set for 5/4/2020. (Diaz, Amy) |
| Filing 47 DESIGNATION of Record on Appeal by Plaintiff H and T Seafood, Inc. re #40 (Rapoport, Gregg) |
| Filing 46 TRANSCRIPT ORDER re: Court of Appeals case number 20-55000, as to Plaintiff H and T Seafood, Inc. for Court Reporter. Court will contact Gregg Rapoport at gar@garlaw.us with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Rapoport, Gregg) |
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Filing 45
ORDER Re Settlement Conference by Magistrate Judge Alexander F. MacKinnon. The Settlement Conference has been placed on calendar for Tuesday, 2/25/20 at 10:00 a.m., in Courtroom 780, 7th Fl., 255 E. Temple St., Los Angeles, CA 90012. No later than 5:00 p.m. ten days before the conference, each party shall submit a Confidential Settlement Statement by email to the Magistrate Judge's chambers email (AFM_Chambers@cacd.uscourts.gov). (sp)
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Filing 44
ORDER GRANTING STIPULATION RE EARLY SETTLEMENT CONFERENCE AND CONTINUANCE OF SCHEDULING CONFERENCE #43 by Judge Michael W. Fitzgerald. The Scheduling Conference is continued to March 30, 2020 at 11:00 a.m. (iv)
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| Filing 43 STIPULATION for Order for Early Settlement Conference and to Continue Scheduling Conference from 3/9/20 to 3/30/20 Re: Initial Order Setting R26 Scheduling Conference - form only #39 filed by Plaintiff H and T Seafood, Inc.. (Attachments: #1 Proposed Order)(Rapoport, Gregg) |
| Filing 42 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55000 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #40 as to Plaintiff H and T Seafood, Inc.. (shb) |
| Filing 41 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, #40 . (Rapoport, Gregg) |
| Filing 40 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff H and T Seafood, Inc.. Appeal of Order on Motion to Compel Arbitration,, Order on Motion to Dismiss Case, #37 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-25040515.) (Rapoport, Gregg) |
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Filing 39
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. Scheduling Conference set for 3/9/2020 at 11:00 AM. See order for complete details. (jre)
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| Filing 38 ANSWER to Amended Complaint/Petition #23 with JURY DEMAND filed by Defendant Green Chef Corporation.(Mayhugh, Alexandra) |
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Filing 37
MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFF'S MOTION TO COMPEL ARBITRATION #26 ; DEFENDANT GREEN CHEF'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT #27 by Judge Michael W. Fitzgerald. Plaintiff's Motion is DENIED and Green Chef's Motion is DENIED. Green Chef shall file its Answer by December 16, 2019. (iv)
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| Filing 36 MINUTES OF MOTION TO COMPEL ARBITRATION #26 ; MOTION TO DISMISS CASE/FIRST AMENDED COMPLAINT #27 before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An Order will issue. Court Reporter: Amy Diaz. (iv) |
| Filing 35 SCHEDULING NOTICE ADVANCING TIME OF MOTION HEARING by Judge Michael W. Fitzgerald. On the Court's own motion, the Motion to Dismiss Case/First Amended Complaint #27 and Motion to Compel Arbitration #26 will be held at 9:00 a.m. on November 18, 2019 before Judge Michael W. Fitzgerald. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY |
| Filing 34 REPLY in support of Evidentiary Objection, filed by Plaintiff H and T Seafood, Inc.. (Rapoport, Gregg) |
| Filing 33 DEFENDANT GREEN CHEF CORPORATION'S RESPONSE TO PLAINTIFF'S EVIDENTIARY OBJECTIONS TO THE DECLARATION OF MATTHEW D. CAPLAN OPPOSITION re: NOTICE OF MOTION AND MOTION to Compel Arbitration #26 filed by Defendant Green Chef Corporation. (Caplan, Matthew) |
| Filing 32 Objection in support of re: NOTICE OF MOTION AND MOTION to Compel Arbitration #26 , (and Decl. of Christopher Wong), filed by Plaintiff H and T Seafood, Inc.. (Rapoport, Gregg) |
| Filing 31 REPLY in Support of Motion NOTICE OF MOTION AND MOTION to Compel Arbitration #26 (and see #32), filed by Plaintiff H and T Seafood, Inc.. (Rapoport, Gregg) |
| Filing 30 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Case / First Amended Complaint #27 filed by Defendant Green Chef Corporation. (Mayhugh, Alexandra) |
| Filing 29 Opposition to Plaintiff H&T Seafood, Inc.'s Motion to Compel Arbitration and Stay Proceedings Opposition re: NOTICE OF MOTION AND MOTION to Compel Arbitration #26 filed by Defendant Green Chef Corporation. (Attachments: #1 Declaration of Matthew D. Caplan in Support of Defendant Green Chef Corporation's Opposition to Plaintiff H&T Seafood, Inc.'s Motion to Compel Arbitration and Stay Proceedings)(Caplan, Matthew) |
| Filing 28 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case / First Amended Complaint #27 filed by Plaintiff H and T Seafood, Inc.. (Rapoport, Gregg) |
| Filing 27 NOTICE OF MOTION AND MOTION to Dismiss Case / First Amended Complaint filed by Defendant Green Chef Corporation. Motion set for hearing on 11/18/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Mayhugh, Alexandra) |
| Filing 26 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Plaintiff H and T Seafood, Inc.. Motion set for hearing on 11/18/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Joel Milligan, #2 Proposed Order) (Rapoport, Gregg) |
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Filing 25
ORDER GRANTING STIPULATION RE: 1) BRIEFING SCHEDULE ON MOTIONS TO COMPEL ARBITRATION AND TO DISMISS FIRST AMENDED COMPLAINT; AND 2) FOR POSTPONEMENT OF ARBITRATION PROCEEDINGS #24 by Judge Michael W. Fitzgerald. Plaintiff's Motion to Compel Arbitration and Defendant's Motion to Dismiss the FAC both shall be filed by October 7, 2019. Oppositions to the two motions shall be filed by October 21, 2019. Replies to the Oppositions to the two motions shall be filed by November 4, 2019. SEE ORDER FOR DETAILS. (iv)
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| Filing 24 STIPULATION for Hearing re Amended Complaint/Petition #23 , Declaration #22 filed by Plaintiff H and T Seafood, Inc.. (Attachments: #1 Proposed Order)(Rapoport, Gregg) |
| Filing 23 FIRST AMENDED COMPLAINT against Defendant Green Chef Corporation amending Complaint - (Discovery), filed by Plaintiff H and T Seafood, Inc.(Rapoport, Gregg) |
| Filing 22 DECLARATION of Gregg A. Rapoport re Commencement of Arbitration Proceeding, filed by Plaintiff H and T Seafood, Inc.. (Rapoport, Gregg) |
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Filing 21
ORDER GRANTING STIPULATION TO EXTEND FILING DEADLINES FOR PLAINTIFF'S FIRST AMENDED COMPLAINT AND DEFENDANTS RESPONSE THERETO #20 by Judge Michael W. Fitzgerald. IT IS ORDERED: 1. Plaintiff's First Amended Complaint, if any, shall be filed on or before September 17, 2019. 2. Defendant's response to Plaintiff's First Amended Complaint shall be filed on or before October 1, 2019. (lom)
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| Filing 20 STIPULATION for Extension of Time to File First Amended Complaint and Response thereto filed by Plaintiff H and T Seafood, Inc.. (Attachments: #1 Proposed Order)(Rapoport, Gregg) |
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Filing 19
MINUTES (IN CHAMBERS) ORDER RE: MOTION TO DISMISS PLAINTIFF'S COMPLAINT #9 by Judge Michael W. Fitzgerald. The Motion is GRANTED with leave to amend. Plaintiff shall file a First Amended Complaint, if any, by September 3, 2019. Failure to file a FAC by the deadline will result in dismissal of the action with prejudice. Defendant shall file a response to the FAC on or before September 17, 2019. (iv)
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Filing 18
MINUTES (IN CHAMBERS) COURT ORDER TAKING HEARING ON MOTION TO DISMISS #9 OFF CALENDAR AND UNDER SUBMISSION by Judge Michael W. Fitzgerald. The Court finds that this matter is appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for August 26, 2019, is vacated and taken off calendar. (iv)
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| Filing 17 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Defendant Green Chef Corporation. (Mayhugh, Alexandra) |
| Filing 16 Objection in opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Case #9 (Evidentiary Objections) filed by Plaintiff H and T Seafood, Inc.. (Rapoport, Gregg) |
| Filing 15 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Plaintiff H and T Seafood, Inc.. (Rapoport, Gregg) |
| Filing 14 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proposed Order #13 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events- Other Filings- Notices- Notice of Lodging. This document is tendered for the judges approval and should have been submitted as a separate PDF attachment to the Notice of Lodging. A Word or Wordperfect version of the proposed order should be emailed to the chambers generic email address. 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. (iv) |
| Filing 13 Proposed Order Granting Green Chef Corporation's Motion to Dismiss Plaintiff's Complaint re NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Defendant Green Chef Corporation. (Mayhugh, Alexandra) |
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Filing 12
ORDER GRANTING JOINT STIPULATION TO MODIFY BRIEFING SCHEDULE FOR GREEN CHEF CORPORATION'S MOTION TO DISMISS THE COMPLAINT #9 by Judge Michael W. Fitzgerald. Plaintiff's Opposition to Defendant's Motion to Dismiss the Complaint (ECF No. #9 ) is due on or before August 2, 2019. Defendant's Reply to Plaintiff's Opposition is due on or before August 12, 2019. (lom)
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| Filing 11 NOTICE of Appearance filed by attorney Gregg A Rapoport on behalf of Plaintiff H and T Seafood, Inc. (Attorney Gregg A Rapoport added to party H and T Seafood, Inc.(pty:pla))(Rapoport, Gregg) |
| Filing 10 Joint STIPULATION for Order Modifying Briefing Schedule for Green Chef Corporation's Motion to Dismiss the Complaint filed by Defendant Green Chef Corporation. (Attachments: #1 Proposed Order)(Mayhugh, Alexandra) |
| Filing 9 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Green Chef Corporation. Motion set for hearing on 8/26/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Joel Milligan In Support of Motion to Dismiss) (Mayhugh, Alexandra) |
| Filing 8 STIPULATION Extending Time to Answer the complaint as to Green Chef Corporation answer now due 7/19/2019, re Complaint - (Discovery) filed by Defendant Green Chef Corporation.(Caplan, Matthew) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Alexander F. MacKinnon. (esa) |
| Filing 5 PROOF OF SERVICE filed by Defendant GREEN CHEF CORPORATION, re Notice of Removal (Attorney Civil Case Opening), #1 served on June 21, 2019. (Caplan, Matthew) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant GREEN CHEF CORPORATION identifying HelloFresh SE as Corporate Parent. (Caplan, Matthew) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant GREEN CHEF CORPORATION, (Caplan, Matthew) |
| Filing 2 CIVIL COVER SHEET filed by Defendant GREEN CHEF CORPORATION. (Caplan, Matthew) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 19NWCV00424 Receipt No: 0973-23960829 - Fee: $400, filed by Defendant GREEN CHEF CORPORATION. (Attachments: #1 Declaration Of Alexandra R. Mayhugh In Support Of Defendants Notice Of Removal To Federal Court) (Attorney Matthew D Caplan added to party GREEN CHEF CORPORATION(pty:dft))(Caplan, Matthew) |
| CONFORMED COPY OF COMPLAINT against defendants Does, Green Chef Corporation, Jury Demand, filed by plaintiff H and T Seafood, Inc. (Filed in state court 5/20/19, submitted as document 1, attachment 1, p. 4) (esa) |
| COPY OF SERVICE OF PROCESS TRANSMITTAL executed by Plaintiff H and T Seafood, Inc., upon Plaintiff Green Chef Corporation served on 5/22/2019. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Process of Service by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (non-conformed, submitted as document 1, attachment 1, p. 14) (esa) |
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