Board of Trustees, Sheet Metal Workers' National Pension Fund v. Titan Sheet Metal, Inc. et al
Board of Trustees Sheet Metal Workers National Pension Fund |
Titan Sheet Metal Inc. and Epic Sheet Metal Inc. |
2:2019cv05676 |
June 28, 2019 |
US District Court for the Central District of California |
John A Kronstadt |
Sheri Pym |
Jean P Rosenbluth |
Stephen V Wilson |
Labor: E.R.I.S.A. |
29 U.S.C. § 1132 |
None |
Docket Report
This docket was last retrieved on August 6, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 59 NOTICE of Voluntary Dismissal filed by Plaintiff Board of Trustees Sheet Metal Workers National Pension Fund. Dismissal is without prejudice. (Do, Tino) |
Filing 58 Notice of Appearance or Withdrawal of Counsel: for attorney James J McMullen, Jr counsel for Defendant Titan Sheet Metal Inc.. Brian A. Scotti is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Titan Sheet Metal, Inc.. (Attachments: #1 Certificate of Service)(McMullen, James) |
Filing 57 (IN CHAMBERS) ORDER SETTING DEADLINES FOLLOWING TRANSFER by Judge John A. Kronstadt: Before this matter was transferred to this District, the operative pleading was the First Amended Complaint (Dkt. #18 ), to which Defendant had responded through a motion (Dkt. #24 ), which was granted in part as to transfer of venue. Dkt. #37 . The parties shall meet and confer as to the effect of the transfer of this action on their positions as to the operative pleading and Defendant's response to it. On or before August 8, 2019, one of the following shall be filed: (i) a statement that Plaintiff will advance the claims through the First Amended Complaint (Dkt. #18 ); (ii) a stipulation and proposed order permitting the filing of a second amended complaint; or (iii) a motion for leave to file a second amended complaint, which shall include as an attachment a redline comparison to the First Amended Complaint and the proposed second amended complaint. If Plaintiff states that the First Amended Complaint will remain the operative pleading, on or before August 15, 2019, Defendant shall refile any response, which shall supersede its prior motion (Dkt. #24 ) and shall be modified to the extent necessary to conform with the Local Rules of this District and any other modifications based on transfer of the action. If there is a stipulation to amend the complaint, the parties' proposed order shall include a deadline for a response to the second amended complaint. If there is a motion to amend the complaint, the order ruling on the motion to amend will set a deadline for a response to either the First Amended Complaint or any second amended complaint that is permitted to be filed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc4, ) TEXT ONLY ENTRY |
Filing 56 ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE Hearing: No Hearing/Under Submission; Joint Report Due: 8/9/2019 by Judge John A. Kronstadt. (SEE ORDER FOR FURTHER SPECIFICS). (jp) |
Filing 55 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT. (SEE ORDER FOR FURTHER SPECIFICS). (jp) |
Filing 54 (IN CHAMBERS) ORDER VACATING SCHEDULING CONFERENCE (DKT. #45 ) by Judge John A. Kronstadt: The Court, on its own motion, vacates the Scheduling Conference set for August 5, 2019. A separate order will issue rescheduling the date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY |
Filing 53 (IN CHAMBERS) ORDER REGARDING TRANSFER OF CASE TO JUDGE JOHN A. KRONSTADT by Judge John A. Kronstadt: This action has been reassigned to the Honorable John A. Kronstadt, United States District Judge. The case number will now read: LA CV19-05676 JAK (SPx). Because all pleadings are routed using the judge's initials, please be sure to use the initials JAK in place of the initials SVW on all future filings. Judge Kronstadt's Courtroom Deputy Clerk, Andrea Keifer, can be reached at 213.894.2156. #52 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY |
Filing 52 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 5:18-cv-00754 JAK(SPx). Case transferred from Magistrate Judge Jean P. Rosenbluth and Judge Stephen V. Wilson to Judge John A. Kronstadt and Magistrate Judge Sheri Pym for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-05676 JAK(SPx). Signed by Judge John A. Kronstadt (rn) |
Filing 51 NOTICE of Related Case(s) filed by Defendant Titan Sheet Metal Inc.. PURSUANT TO CIVIL LOCAL RULE 83-1.3 Related Case(s): ED CV18-00754 JAK (SPx) (Attachments: #1 Certificate of Service)(McMullen, James) |
Filing 50 Notice of Appearance or Withdrawal of Counsel: for attorney James F Kuhne, Jr counsel for Defendant Titan Sheet Metal Inc.. Adding James F. Kuhne, Jr. as counsel of record for Titan Sheet Metal, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Titan Sheet Metal, Inc.. (Attachments: #1 Certificate of Service)(Attorney James F Kuhne, Jr added to party Titan Sheet Metal Inc.(pty:dft))(Kuhne, James) |
Filing 49 Notice of Appearance or Withdrawal of Counsel: for attorney Justin Matthew Michitsch counsel for Defendant Titan Sheet Metal Inc.. Adding Justin M. Michitsch as counsel of record for Titan Sheet Metal, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Titan Sheet Metal, Inc.. (Attachments: #1 Certificate of Service)(Attorney Justin Matthew Michitsch added to party Titan Sheet Metal Inc.(pty:dft))(Michitsch, Justin) |
Filing 48 Notice of Appearance or Withdrawal of Counsel: for attorney James J McMullen, Jr counsel for Defendant Titan Sheet Metal Inc.. Adding James J. McMullen Jr. as counsel of record for Titan Sheet Metal, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Titan Sheet Metal, Inc.. (Attachments: #1 Certificate of Service)(Attorney James J McMullen, Jr added to party Titan Sheet Metal Inc.(pty:dft))(McMullen, James) |
Filing 47 RESPONSE filed by Pro Hac Vice attorney Diana Migliaccio Bardes on behalf of Plaintiff Board of Trustees Sheet Metal Workers National Pension Fund. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
Filing 46 Notice of Appearance or Withdrawal of Counsel: for attorney Tino Xuan Do counsel for Plaintiff Board of Trustees Sheet Metal Workers National Pension Fund. Adding Michele R. Stafford/Tino X. Do/Matthew P. Minser as counsel of record for Board of Trustees, Sheet Metal Works' National Pension Fund for the reason indicated in the G-123 Notice. Filed by Attorney for Plaintiff Tino X. Do. (Attorney Tino Xuan Do added to party Board of Trustees Sheet Metal Workers National Pension Fund(pty:pla))(Do, Tino) |
Filing 45 ORDER SETTING INITIAL STATUS CONFERENCE for 8/5/2019 at 3:00 PM before Judge Stephen V. Wilson. (pc) |
Filing 44 NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc) |
Filing 42 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Brian A Scotti. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (et) |
Filing 41 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Diana Migliaccio Bardes. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (et) |
Filing 43 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
Filing 40 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Jean P. Rosenbluth. (et) |
Filing 39 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:19-cv-00291-LMB-MSN, from USDC Eastern District of Virginia (Alexandria). The above-referenced case has been transferred to this district and assigned the above civil case number 2:19-cv-05676-SVW (JPRx). (et) |
Filing 38 ORIGINAL file, certified copy of transfer order and docket sheet received from Virginia Eastern |
Filing 37 ORDER : For the reasons stated in open court. Defendant Titan Sheet Metal, Inc.'s Amended Motion to Dismiss or Transfer Venue of the Amended Complaint is GRANTED IN PART, and it is hereby ORDERED that this civil action be and is TRANSFERRED to the United States District Court for the Central District of California.'(see order for details). Signed by District Judge Leonie M. Brinkema on 6/28/19. (yguy) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 36 Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 6/28/2019. Appearances of counsel. Deft #28 Amended MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction and for Sham Pleading is argued and GRANTED IN PART. (order to follow) (Court Reporter A. Thomson.)(yguy) [Transferred from Virginia Eastern on 6/28/2019.] |
Case transferred to District of Central District of California. (yguy) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 35 Reply to #34 Opposition the Board of Trustees, Sheet Metal Worker's Pension Fund's Opposition to Titan's Motion to Dismiss or Transfer Venue filed by Titan Sheet Metal, Inc.. (Scotti, Brian) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 34 Opposition to #28 Amended MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction and for Sham Pleading filed by Board of Trustees, Sheet Metal Workers' National Pension Fund. (Bardes, Diana) [Transferred from Virginia Eastern on 6/28/2019.] |
Set Deadlines as to #28 Amended MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction and for Sham Pleading. Motion Hearing set for 6/28/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (klau, ) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 33 Declaration re #28 Amended MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction and for Sham Pleading by Titan Sheet Metal, Inc.. (Attachments: #1 Exhibit M)(Scotti, Brian) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 32 Declaration re #28 Amended MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction and for Sham Pleading by Titan Sheet Metal, Inc.. (Attachments: #1 Exhibit L)(Scotti, Brian) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 31 Declaration re #28 Amended MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction and for Sham Pleading by Titan Sheet Metal, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Scotti, Brian) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 30 Notice of Hearing Date set for 6/28/19 re #28 Amended MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction and for Sham Pleading (Scotti, Brian) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 29 Memorandum in Support re #28 Amended MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction and for Sham Pleading filed by Titan Sheet Metal, Inc.. (Scotti, Brian) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 28 Amended MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction and for Sham Pleading by Titan Sheet Metal, Inc.. (Attachments: #1 Proposed Order)(Scotti, Brian) [Transferred from Virginia Eastern on 6/28/2019.] |
Notice of Correction re #24 MOTION to Dismiss for Failure to State a Claim , for lack of personal jurisdiction and strike spleading. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (dvanm, ) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 27 Declaration re #24 MOTION to Dismiss for Failure to State a Claim , for lack of personal jurisdiction and strike spleading, #25 Brief in Support by Titan Sheet Metal, Inc.. (Attachments: #1 Exhibit L)(Scotti, Brian) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 26 Declaration re #24 MOTION to Dismiss for Failure to State a Claim , for lack of personal jurisdiction and strike spleading, #25 Brief in Support by Titan Sheet Metal, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Scotti, Brian) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 25 Brief in Support to #24 MOTION to Dismiss for Failure to State a Claim , for lack of personal jurisdiction and strike spleading filed by Titan Sheet Metal, Inc.. (Scotti, Brian) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 24 MOTION to Dismiss for Failure to State a Claim , for lack of personal jurisdiction and strike spleading by Titan Sheet Metal, Inc.. (Scotti, Brian) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 23 ORDER denying without prejudice #12 Motion to Dismiss or Transfer of Venue; directing clerk to remove the hearing set for June 7, 2019 from the Courts Calendar. Signed by District Judge Leonie M. Brinkema on 5/24/2019. (aott, ) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 22 Response to #21 Order, filed by Titan Sheet Metal, Inc.. (Scotti, Brian) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 21 ORDERED that Titan advise the Court by no later than close of business on Friday, May 24,2019 whether it wants to proceed on its currently pending motion to dismiss or instead believes that motion should be dismissed without prejudice as moot. Signed by District Judge Leonie M. Brinkema on 5/22/2019. (dvanm, ) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 20 So Ordered re #19 Notice of Voluntary Dismissal as to Epic Sheet Metal, Inc. filed by Board of Trustees, Sheet Metal Workers' National Pension Fund. Signed by District Judge Leonie M. Brinkema on 05/22/2019. (dvanm, ) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 19 NOTICE of Voluntary Dismissal as to Defendant Epic Sheet Metal, Inc. by Board of Trustees, Sheet Metal Workers' National Pension Fund (Bardes, Diana) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 18 AMENDED COMPLAINT against Titan Sheet Metal, Inc., filed by Board of Trustees, Sheet Metal Workers' National Pension Fund.(Bardes, Diana) [Transferred from Virginia Eastern on 6/28/2019.] |
Set Deadlines as to #12 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction , #8 MOTION to Transfer Case Df. Epic's 28 USC 1404(a) Motion, #6 MOTION to Dismiss for Lack of Jurisdiction Df. Epic's Rule 12(b)(2) Motion, #7 MOTION to Dismiss for Failure to State a Claim Df. Epic's Rule 12(b)(6) Motion. Motion Hearing set for 6/7/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 17 Corporate Disclosure Statement by Titan Sheet Metal, Inc.. (Scotti, Brian) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 16 Notice of Hearing Date set for 6/7/2019 re #12 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Scotti, Brian) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 15 Declaration re #12 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by Titan Sheet Metal, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Scotti, Brian) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 14 Declaration re #12 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by Titan Sheet Metal, Inc.. (Attachments: #1 Exhibit A)(Scotti, Brian) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 13 Memorandum in Support re #12 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Titan Sheet Metal, Inc.. (Scotti, Brian) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 12 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Titan Sheet Metal, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Order, #3 Proposed Order)(Scotti, Brian) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 11 NOTICE of Appearance by Eduardo Morales on behalf of Epic Sheet Metal, Inc. (Morales, Eduardo) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 10 Notice of Hearing Date Proposing June 7th, 2019 re #7 MOTION to Dismiss for Failure to State a Claim Df. Epic's Rule 12(b)(6) Motion, #8 MOTION to Transfer Case Df. Epic's 28 USC 1404(a) Motion, #6 MOTION to Dismiss for Lack of Jurisdiction Df. Epic's Rule 12(b)(2) Motion, #9 Brief in Support,, (Morales, Eduardo) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 9 Brief in Support to #7 MOTION to Dismiss for Failure to State a Claim Df. Epic's Rule 12(b)(6) Motion, #6 MOTION to Dismiss for Lack of Jurisdiction Df. Epic's Rule 12(b)(2) Motion, #8 MOTION to Transfer Case Df. Epic's 28 USC 1404(a) Motion filed by Epic Sheet Metal, Inc.. (Attachments: #1 Exhibit Evidencing California litigation, #2 Affidavit for Mot. to Transfer Venue, #3 Proposed Order for 12(b)(2), #4 Proposed Order for 12(b)(6), #5 Proposed Order for Mot. to Transfer Venue)(Morales, Eduardo) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 8 MOTION to Transfer Case Df. Epic's 28 USC 1404(a) Motion by Epic Sheet Metal, Inc.. (Morales, Eduardo) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 7 MOTION to Dismiss for Failure to State a Claim Df. Epic's Rule 12(b)(6) Motion by Epic Sheet Metal, Inc.. (Morales, Eduardo) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 6 MOTION to Dismiss for Lack of Jurisdiction Df. Epic's Rule 12(b)(2) Motion by Epic Sheet Metal, Inc.. (Morales, Eduardo) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 5 ORDER granting #4 Motion for Extension of Time to Answer. ORDERED that defendants must file answers or responsive pleadings by May 13, 2019. Signed by District Judge Leonie M. Brinkema on 4/18/19. (klau, ) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 4 Consent MOTION for Extension of Time to File Answer re #1 Complaint by Board of Trustees, Sheet Metal Workers' National Pension Fund. (Bardes, Diana) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 3 SUMMONS Returned Executed by Board of Trustees, Sheet Metal Workers' National Pension Fund Epic Sheet Metal, Inc. served on 3/23/2019, answer due 4/15/2019; Titan Sheet Metal, Inc. served on 4/12/2019, answer due 5/3/2019 (Bardes, Diana) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 2 Summons Issued as to Epic Sheet Metal, Inc., Titan Sheet Metal, Inc.. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Summons issued, #2 Notice to Attorney)(aott) [Transferred from Virginia Eastern on 6/28/2019.] |
Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Michael S. Nachmanoff. (aott) [Transferred from Virginia Eastern on 6/28/2019.] |
Filing 1 Complaint ( Filing fee $ 400, receipt number 0422-6538569.), filed by Board of Trustees, Sheet Metal Workers' National Pension Fund. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Bardes, Diana) [Transferred from Virginia Eastern on 6/28/2019.] |
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