Mutual Trading Co., Inc. v. Asahishuzo Kabushiki Kaisha
| Mutual Trading Co., Inc. |
| Asahishuzo Kaushiki Kaisha, aka Asahishuzo Co. Ltd., Asahishuzo Kabushiki Kaisha, Asahishuzo Co LTD, Asahishuzo Co. and Asahishuzo Co., Ltd., a Japanese corporation |
| 2:2019cv05566 |
| June 26, 2019 |
| US District Court for the Central District of California |
| Percy Anderson |
| Gail J Standish |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 27, 2019. A more recent docket listing may be available from PACER.
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Filing 49
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. For all of the foregoing reasons, the Court grants Defendant's motion to dismiss without prejudice #38 under Rule 12(b)(5) for failure to properly serve Plaintiff. ( MD JS-6. Case Terminated ) (lom)
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Filing 48
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, MOTION to Dismiss Case #38 currently set for hearing on September 30, 2019 is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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| Filing 47 RESPONSE filed by Defendant Asahishuzo Co LTDto Objection/Opposition (Motion related) #40 to Declaration of Kazuhiro Sakurai in Support of Motion to Dismiss First Amended Complaint (Dal Corso, Chelsea) |
| Filing 46 OBJECTIONS to Declaration of Masatoshi Ohata in Support of Plaintiff's Opposition to Motion to Dismiss First Amended Complaint filed by Defendant Asahishuzo Co LTD. (Dal Corso, Chelsea) |
| Filing 45 OBJECTIONS to Declaration of Holly Atkins In Support of Plaintiff's Opposition to Motion to Dismiss First Amended Complaint filed by Defendant Asahishuzo Co LTD. (Dal Corso, Chelsea) |
| Filing 44 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case (First Amended Complaint) #38 filed by Defendant Asahishuzo Co LTD. (Dal Corso, Chelsea) |
| Filing 43 NOTICE OF ERRATA filed by Plaintiff Mutual Trading Co., Inc.. correcting Memorandum of Points and Authorities in Support, #41 (Howard, Brianna) |
| Filing 42 MEMORANDUM of Points and Authorities in Support filed by Plaintiff Mutual Trading Co., Inc.. Re: Memorandum of Points and Authorities in Support, #41 (Vafidis, Matthew) |
| Filing 41 MEMORANDUM of Points and Authorities in Support filed by Plaintiff Mutual Trading Co., Inc.. (Attachments: #1 Declaration of Holly Atkins ISO Plaintiff'ss Oppostion to Defendant's Motion to Dismiss, #2 Declaration of Masatoshi Ohata ISO Plaintiff'ss Oppostion to Defendant's Motion to Dismiss, #3 Declaration of Matthew Vafidis ISO Plaintiff'ss Oppostion to Defendant's Motion to Dismiss)(Vafidis, Matthew) |
| Filing 40 Plaintiffs Objection to Declaration of Kazuhiro Sakurai In Support of Defendants Motion to Dismiss yes re: NOTICE OF MOTION AND MOTION to Dismiss Case #12 filed by Plaintiff Mutual Trading Co., Inc.. (Vafidis, Matthew) |
| Filing 39 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case (First Amended Complaint) #38 filed by Defendant Asahishuzo Co LTD. (Attachments: #1 Declaration of Chelsea Dal Corso in Support of Request for Judicial Notice)(Bentz, Tamany) |
| Filing 38 NOTICE OF MOTION AND MOTION to Dismiss Case (First Amended Complaint) filed by Defendant Asahishuzo Co LTD. Motion set for hearing on 9/30/2019 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Steve Kirvan in Support of Defendant Asahishuzo Co., Ltd's Motion to Dismiss Plaintiff Mutual Trading Co., Inc.'s First Amended Complaint, #2 Proposed Order on Asahishuzo Co., Ltd.'s Motion to Dismiss Mutual Trading Co., Inc.'s First Amended Complaint) (Bentz, Tamany) |
| Filing 37 PROOF OF SERVICE Executed by Plaintiff Mutual Trading Co., Inc., upon Defendant Asahishuzo Co LTD served on 8/22/2019, answer due 9/12/2019. Service of the Summons and Complaint were executed upon Registered Agent, "John Doe" Legal Representative - Registered Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Howard, Brianna) |
| Filing 36 21 DAY Summons Issued re First Amended Complaint/Petition #19 as to defendant Asahishuzo Co LTD. (mrgo) |
| Filing 35 Request for Clerk to Issue Summons on Amended Complaint/Petition #19 filed by Plaintiff Mutual Trading Co., Inc.. (Howard, Brianna) |
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Filing 34
ORDER Approving Stipulation Extending Time to Answer First Amended Complaint (30 days or less) #33 , by Judge Percy Anderson. Defendant Asahishuzo Co LTD answer due 9/2/2019. (twdb)
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| Filing 33 STIPULATION Extending Time to Answer the complaint as to Asahishuzo Co LTD answer now due 9/3/2019, re Complaint - (Discovery) filed by defendant Asahishuzo Co LTD. (Attachments: #1 Proposed Order)(Dal Corso, Chelsea) |
| Filing 32 PROOF OF SERVICE Executed by Plaintiff Mutual Trading Co., Inc., upon Defendant Asahishuzo Co LTD served on 7/29/2019, answer due 8/19/2019. Service of the Summons and Complaint were executed upon Jane Doe Legal Representative - Agent for Service in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Howard, Brianna) |
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Filing 31
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE by Judge Percy Anderson. Plaintiff is ordered to serve Defendant through Corporation Service Company within 14 days of the date of this Order and to file a Proof of Service demonstrating its compliance within 5 days of service. Failure to comply with this Order may result in the imposition of sanctions, including dismissal of this action without further warning. (mrgo)
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Filing 30
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, Scheduling Conference currently set for hearing on August 12, 2019 is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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| Filing 29 CORPORATE DISCLOSURE STATEMENT Amended filed by Plaintiff Mutual Trading Co., Inc. (Howard, Brianna) |
| Filing 28 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Mutual Trading Co., Inc. (Howard, Brianna) |
| Filing 27 Plaintiff's Scheduling Conference Report filed by Plaintiff Mutual Trading Co., Inc. (Vafidis, Matthew) |
| Filing 26 SEALED DOCUMENT Declaration of Kazuhiro Sakurai in Support of Defendant's Response to Order to Show Cause re Order on Motion for Leave to File Document Under Seal #25 filed by Defendant Asahishuzo Co LTD.(Bentz, Tamany) |
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Filing 25
ORDER GRANTING DEFENDANT'S APPLICATION TO FILE DOCUMENTS UNDER SEAL by Judge Percy Anderson re: #22 APPLICATION to Seal Document. (mrgo)
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| Filing 24 RESPONSE filed by Defendant Asahishuzo Co LTDto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #16 (Attachments: #1 Declaration Tamany Vinson Bentz, #2 Redacted Document)(Bentz, Tamany) |
| Filing 23 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Declaration of Kazuhiro Sakurai) under seal #22 filed by Defendant Asahishuzo Co LTD. (Attachments: #1 Unredacted Document)(Bentz, Tamany) |
| Filing 22 APPLICATION to file document (Declaration of Kazuhiro Sakurai) under seal filed by Defendant Asahishuzo Co LTD. (Attachments: #1 Declaration of Tamany Vinson Bentz, #2 Redacted Document, #3 Proposed Order)(Bentz, Tamany) |
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Filing 21
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #12 MOTION to Dismiss Case. The Court is in receipt of an First Amended Complaint (Docket No. 19) filed by plaintiff Mutual Trading Co., Inc. ("Plaintiff"). Plaintiff was entitled to file the First Amended Complaint as a matter of right pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), which allows a party to "amend its pleading once as a matter of course within... 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f)." The Motion to Dismiss (Docket No. 12) filed by defendant Asahishuzo Co., Ltd. is denied as moot. (mrgo)
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| Filing 20 Stipulation Regarding Service filed by Defendant Asahishuzo Kabushiki Kaisha (Dal Corso, Chelsea) |
| Filing 19 First AMENDED COMPLAINT against Defendant Asahishuzo Kabushiki Kaisha amending Complaint - (Discovery), filed by Plaintiff Mutual Trading Co., Inc. (Attachments: #1 Exhibit A)(Howard, Brianna) |
| Filing 18 DECLARATION of Matthew P. Vafidis NOTICE OF MOTION AND MOTION to Dismiss Case #12 filed by Plaintiff Mutual Trading Co., Inc.. (Vafidis, Matthew) |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Brianna Ricque Howard counsel for Plaintiff Mutual Trading Co., Inc.. Adding Brianna R. Howard as counsel of record for Mutual Trading Co., Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiff Mutual Trading Co., Inc.. (Attorney Brianna Ricque Howard added to party Mutual Trading Co., Inc.(pty:pla))(Howard, Brianna) |
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Filing 16
MINUTE ORDER (IN CHAMBERS) by Judge Percy Anderson: Defendant is ordered to show cause, in writing, no later than July 19, 2019 why this action should not be remanded to state court for lack of subject matter jurisdiction. Plaintiff may file a reply no later than July 29, 2019. Defendants failure to timely respond to this Order or to establish this Courts subject matter jurisdiction will result in the remanding of this action without further notice. IT IS SO ORDERED. (See minutes for further details) (yl)
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Filing 15
ORDER SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)], SCHEDULING CONFERENCE set for August 12, 2019, at 10:30 a.m.[FRCP 26(f)] by Judge Percy Anderson (bm)
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Filing 14
STANDING ORDER by Judge Percy Anderson: READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (see document for further details) (bm)
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| Filing 13 CORPORATE DISCLOSURE STATEMENT filed by Defendant Asahishuzo Kabushiki Kaisha (Bentz, Tamany) |
| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Asahishuzo Kabushiki Kaisha. Motion set for hearing on 8/5/2019 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Kazuhiro Sakurai in Support of Motion to Dismiss, #2 Declaration of Chelsea Dal Corso in Support of Motion to Dismiss, #3 Proposed Order) (Bentz, Tamany) |
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Filing 11
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Christina A. Snyder to Judge Percy Anderson for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-05566 PA(GJSx). (rn)
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| Filing 10 PROOF OF SERVICE filed by Defendant Asahishuzo Kabushiki Kaisha, re Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #8 , Notice of Assignment to United States Judges(CV-18) - optional html form #7 served on 6/28/19. (Bentz, Tamany) |
| Filing 9 PROOF OF SERVICE filed by Defendant Asahishuzo Kaushiki Kaisha, re Certificate/Notice of Interested Parties #3 , Certificate/Notice of Interested Parties #6 , Civil Cover Sheet (CV-71) #5 , Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #4 , Notice of Removal (Attorney Civil Case Opening),, #1 served on June 27, 2019. (Dal Corso, Chelsea) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Gail J. Standish. (et) |
| CONFORMED E-FILED COPY OF COMPLAINT against Defendant Asahishuzo Kaushiki Kaisha. Jury Demanded., filed by Plaintiff Mutual Trading Co., Inc. [FILED IN STATE COURT ON 5/9/2019 SUBMITTED ATTACHED TO EXHIBIT 2 TO NOTICE OF REMOVAL #1 . (et) |
| Filing 6 Second Amended CERTIFICATE of Interested Parties filed by Defendant Asahishuzo Kaushiki Kaisha, aka Asahishuzo Co. Ltd., (Bentz, Tamany) |
| Filing 5 AMENDED CIVIL COVER SHEET filed by Defendant Asahishuzo Kaushiki Kaisha, aka Asahishuzo Co. Ltd.. (Bentz, Tamany) |
| Filing 4 AMENDED CERTIFICATE of Interested Parties filed by Defendant All Defendants, (Bentz, Tamany) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant All Defendants, (Bentz, Tamany) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Asahishuzo Kaushiki Kaisha, aka Asahishuzo Co. Ltd.. (Bentz, Tamany) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of the State of California, County of Los Angeles, case number 19STCV16193 with filing fee previously paid ($400.00 paid on 06/26/2019, receipt number 0973-23987789), filed by Defendant Asahishuzo Kaushiki Kaisha, aka Asahishuzo Co. Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11) (Attorney Tamany Vinson Bentz added to party Asahishuzo Kaushiki Kaisha, aka Asahishuzo Co. Ltd.(pty:dft))(Bentz, Tamany) |
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