Palumbo Design, LLC v. 1169 Hillcrest LLC et al
Plaintiff: Palumbo Design, LLC
Defendant: 1169 Hillcrest LLC, Neil Moffitt, NEM 2 LLC, Does 1 through 10, inclusive and NAM
Case Number: 2:2019cv06664
Filed: July 31, 2019
Court: US District Court for the Central District of California
Presiding Judge: Paul L Abrams
Referring Judge: Dale S Fischer
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1330
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 27, 2019 Opinion or Order Filing 34 ORDER by Judge Dale S. Fischer re Stipulation to Continue Hearing Date on Defendants Motions to Dismiss #33 . (SEE ORDER FOR SPECIFICS). (jp)
September 27, 2019 Filing 33 Joint STIPULATION to Continue Motion to Dismiss Hearing from 10/28/19 to 11/18/19 Re: Text Only Scheduling Notice, 32 filed by defendants Neil Moffitt, NEM 2 LLC. (Attachments: #1 Proposed Order)(Richards, Ronald)
September 25, 2019 Opinion or Order Filing 32 TEXT ONLY ENTRY: (IN CHAMBERS) ORDER CONTINUING HEARING by Judge Dale S. Fischer. The Court, on its own motion, continues the hearing on the Motions to Dismiss #13 and #16 set for October 7, 2019 to October 28, 2019 at 1:30 p.m., based on the opposition that was filed late by the plaintiff. The replies are to be filed in compliance with the new hearing date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
September 24, 2019 Filing 31 REQUEST to Strike strike doc#30 as an improper surreply in violation of LR 7-10 Response in Opposition to Motion, #30 filed by defendant Neil Moffitt, NEM 2 LLC. (Richards, Ronald)
September 24, 2019 Filing 30 OPPOSITION Plaintiff Palumbo Design LLC's Response to Defendants' Objections, Replies and Requests to Strike filed by Plaintiff Palumbo Design, LLC. (Attachments: #1 Declaration Declaration of David R. Baake in Support of Plaintiff's Response to Defendants' Objections, Replies and Requests to Strike)(Berman, Laurence)
September 23, 2019 Filing 29 REPLY reply in support, objection, and request to strike opposition NOTICE OF MOTION AND MOTION to Dismiss Case #13 see LR 7-9, 7-12 filed by Defendants Neil Moffitt, NEM 2 LLC. (Richards, Ronald)
September 23, 2019 Filing 28 REPLY reply in support, objection and request to strike opposition NOTICE OF MOTION AND MOTION to Dismiss Case #16 see LR 7-9, 7-12 filed by Defendant 1169 Hillcrest LLC. (Richards, Ronald)
September 23, 2019 Filing 27 REQUEST FOR JUDICIAL NOTICE in Support of Plaintiff's Opposition to Defendants Neil Moffitt and NEM2 LLC's Motion to Dismiss Plaintiff's First Amended Complaint filed by Plaintiff Palumbo Design, LLC. (Berman, Laurence)
September 23, 2019 Filing 26 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #13 filed by Plaintiff Palumbo Design, LLC. (Attachments: #1 Declaration Declaration of Michael Palumbo in Support of Plaintiff Palumbo Design LLC's Opposition to Defendants Neil Moffitt and NEM2 LLC's Motion to Dismiss Plaintiff's First Amended Complaint)(Berman, Laurence)
September 23, 2019 Filing 25 REQUEST FOR JUDICIAL NOTICE in Support of Plaintiff's Opposition to Defendant 1169 Hillcrest LLC's Motion to Dismiss Plaintiff's First Amended Complaint filed by Plaintiff Palumbo Design, LLC. (Berman, Laurence)
September 23, 2019 Filing 24 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #16 filed by Plaintiff Palumbo Design, LLC. (Berman, Laurence)
September 18, 2019 Opinion or Order Filing 23 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Plaintiff Palumbo Design LLC's Notice of Motion and Motion for Summary Judgment or in the Alternative for Partial Summary Judgment for anOrder Specifying Issues or Facts as Established #18 ; and Request for Judicial Notice in Support of Plaintiff Palumbo Design LLC's Notice of Motion and Motion for Summary Judgment or in the Alternative for Partial Summary Judgment for anOrder Specifying Issues or Facts as Established #19 by Judge Dale S. Fischer. The documents are stricken. Hearing information is untimely. (vv)
September 18, 2019 Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Summary Judgment #18 . The following error(s) was/were found: Hearing information is not timely. 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. (jp)
September 17, 2019 Filing 21 joinder to limited opposition in opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to the interpretation of four provisions contained in the Agreement between Plaintiff and Defendant 1169 Hillcrest LLC, and one factual issue as not in dispute NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to the interpretation of four provisions contained in the Agreement between Plaintiff and Defendant 1169 Hillcrest LLC, and one factual issue as not in dispute #18 joinder to doc20, limited opposition to motion filed by Defendant 1169 Hillcrest LLC. (Richards, Ronald)
September 17, 2019 Filing 20 OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to the interpretation of four provisions contained in the Agreement between Plaintiff and Defendant 1169 Hillcrest LLC, and one factual issue as not in dispute NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to the interpretation of four provisions contained in the Agreement between Plaintiff and Defendant 1169 Hillcrest LLC, and one factual issue as not in dispute #18 filed by Defendants Neil Moffitt, NEM 2 LLC. (Richards, Ronald)
September 13, 2019 Filing 19 ***STRICKEN REFER TO DOCUMENT NUMBER 23*** REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to the interpretation of four provisions contained in the Agreement between Plaintiff and Defendant 1169 Hillcrest LLC, and one factual issue as not in dispute NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to the interpretation of four provisions contained in the Agreement between Plaintiff and Defendant 1169 Hillcrest LLC, and one factual issue as not in dispute #18 filed by Plaintiff Palumbo Design, LLC. (Berman, Laurence) Modified on 9/18/2019 (vv).
September 13, 2019 Filing 18 ***STRICKEN REFER TO DOCUMENT NUMBER 23*** NOTICE OF MOTION AND MOTION for Summary Judgment as to the interpretation of four provisions contained in the Agreement between Plaintiff and Defendant 1169 Hillcrest LLC, and one factual issue as not in dispute , NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to the interpretation of four provisions contained in the Agreement between Plaintiff and Defendant 1169 Hillcrest LLC, and one factual issue as not in dispute filed by Plaintiff Palumbo Design, LLC. Motion set for hearing on 10/7/2019 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum Memorandum of Points & Authorities In Support of Plaintiff's Motion for Summary Judgment or in the Alternative Partial Summary Judgment, #2 Declaration Declaration of Laurence M. Berman In Support of Motion for Summary Judgment, #3 Declaration Declaration of Michael Palumbo In Support of Motion for Summary Judgment, #4 Supplement Separate Statement of Uncontroverted Facts and Conclusions of Law In Support of Motion for Summary Judgment, #5 Proposed Order Proposed Order Granting Plaintiff's Motion for Summary Judgment) (Berman, Laurence) Modified on 9/18/2019 (vv).
September 5, 2019 Filing 17 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #16 filed by Defendant 1169 Hillcrest LLC. (Richards, Ronald)
September 5, 2019 Filing 16 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant 1169 Hillcrest LLC. Motion set for hearing on 10/7/2019 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum, #2 Proposed Order) (Richards, Ronald)
September 5, 2019 Filing 15 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Case #13 (Attachments: #1 Proposed Order correcting doc 13-3)(Richards, Ronald)
September 5, 2019 Filing 14 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #13 filed by Defendants Neil Moffitt, NEM 2 LLC. (Richards, Ronald)
September 5, 2019 Filing 13 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendants Neil Moffitt, NEM 2 LLC. Motion set for hearing on 10/7/2019 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum, #2 Declaration Neil Moffitt, #3 Proposed Order) (Richards, Ronald)
August 9, 2019 Filing 12 REQUEST FOR JUDICIAL NOTICE for OSC response doc#11 filed by Defendants Neil Moffitt, NEM 2 LLC. (Richards, Ronald)
August 9, 2019 Filing 11 RESPONSE filed by Defendants Neil Moffitt, NEM 2 LLCto Minutes of In Chambers Order/Directive - no proceeding held,,, Order to Show Cause,, #7 (Richards, Ronald)
August 8, 2019 Opinion or Order Filing 10 STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (pg)
August 8, 2019 Filing 9 Joint STIPULATION Extending Time to Answer the complaint as to re Amended Complaint, filed by defendants Neil Moffitt, NEM 2 LLC, Does, 1169 Hillcrest LLC.(Attorney Ronald N Richards added to party 1169 Hillcrest LLC(pty:dft), Attorney Ronald N Richards added to party Does(pty:dft))(Richards, Ronald)
August 7, 2019 Opinion or Order Filing 8 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:15-cv-01899 DSF(VBKx). Case transferred from Judge Dolly M. Gee and Magistrate Judge Jean P. Rosenbluth to Judge Dale S. Fischer and Magistrate Judge Paul L. Abrams for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-06664 DSF(PLAx). Signed by Judge Dale S. Fischer (rn)
August 5, 2019 Opinion or Order Filing 7 MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE REMANDED TO LOS ANGELES COUNTY SUPERIOR COURT by Judge Dolly M. Gee: The Removing Defendants are hereby ORDERED TO SHOW CAUSE why this action should not be remanded to Los Angeles County Superior Court for lack of subject matter jurisdiction. The Removing Defendants shall file a response by no later than 8/12/2019. Failure to timely file a satisfactory response by this deadline will result in the remand of this action. Plaintiff shall file a reply, if any, by 8/19/2019. See document for further details. Court Reporter: Not Reported. (gk)
August 2, 2019 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
August 2, 2019 Filing 5 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Jean P. Rosenbluth. (ghap)
August 1, 2019 Filing 4 NOTICE of Interested Parties filed by defendant Neil Moffitt, NEM 2 LLC, identifying Michael Palumbo, Neil Moffitt, NEM 2, LLC, Palumbo Designs, LLC, 1169 Hillcrest LLC. (Richards, Ronald)
August 1, 2019 Filing 3 CIVIL COVER SHEET filed by Defendants Neil Moffitt, NEM 2 LLC. (Richards, Ronald)
August 1, 2019 Filing 2 NOTICE of Related Case(s) filed by defendant Neil Moffitt, NEM 2 LLC. Related Case(s): 2:15-cv-01899-DSF-(VBKx); 2:19cv03357DSF(PLAx) (Richards, Ronald)
August 1, 2019 Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 19STCV18838 Receipt No: 0973-24185063 - Fee: $400, filed by defendant Neil Moffitt, NEM 2 LLC. (Attachments: #1 Exhibit A: First Amended Complaint, #2 Exhibit A: continued, #3 proof of service) (Attorney Ronald N Richards added to party Neil Moffitt(pty:dft), Attorney Ronald N Richards added to party NEM 2 LLC(pty:dft))(Richards, Ronald)

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Plaintiff: Palumbo Design, LLC
Represented By: Laurence M Berman
Represented By: David Richard Baake
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Defendant: 1169 Hillcrest LLC
Represented By: Ronald N Richards
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Defendant: Neil Moffitt
Represented By: Ronald N Richards
Represented By: Geoffrey S Long
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Defendant: NEM 2 LLC
Represented By: Ronald N Richards
Represented By: Geoffrey S Long
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Defendant: Does 1 through 10, inclusive
Represented By: Ronald N Richards
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Defendant: NAM
Represented By: Geoffrey S Long
Represented By: Ronald N Richards
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