Sandler Partners, LLC v. Masergy Communications, Inc. et al
| Sandler Partners, LLC |
| Masergy Communications, Inc., DOES 1 through 30, inclusive and CDW Corporation |
| 2:2019cv06841 |
| August 7, 2019 |
| US District Court for the Central District of California |
| Maria A Audero |
| John F Walter |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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Filing 40
ORDER GRANTING RELIEF FROM STANDING ORDER'S 4:OO P.M. E-FILING CUTOFF FOR MOTION TO DISMISS #36 by Judge John F. Walter. Plaintiffs' Proposed Statement of Decision, Dkt. No. 35, is deemed timely filed on September 25, 2019. (iv)
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Filing 39
ORDER RE AMENDED STIPULATION TO EXTEND TIME FOR DEFENDANT CDW CORPORATION TO RESPOND TO PLAINTIFF'S COMPLAINT BY NOT MORE THAN 30 DAYS #37 by Judge John F. Walter. CDW Corporation should answer or otherwise respond to Plaintiff's First Amended Complaint on or before Tuesday, October 15, 2019. (iv)
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| Filing 37 Amended STIPULATION Extending Time to Answer the complaint as to re Summons Issued #21 filed by Defendant CDW Corporation. (Attachments: #1 Proposed Order)(Burleigh, Paul) |
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Filing 38
ORDER RE STIPULATION TO EXTEND TIME FOR DEFENDANT CDW CORPORATION TO RESPOND TO PLAINTIFF'S COMPLAINT #33 by Judge John F. Walter. Defendant CDW Corporation should answer or otherwise respond to Plaintiff's First Amended Complaint on or before Tuesday, October 15, 2019. (iv)
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| Filing 36 EX PARTE APPLICATION for Extension of Time to File Statement of Decision filed by Plaintiff Sandler Partners, LLC. (Attachments: #1 Proposed Order, #2 Proof of Service) (Zeccola, Frank) |
| Filing 35 STATEMENT of Decision NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Plaintiff Sandler Partners, LLC. (Zeccola, Frank) |
| Filing 34 STATEMENT of Decision on NOTICE OF MOTION AND MOTION to Dismiss Case #25 [Proposed] filed by Defendant Masergy Communications, Inc.. (Clark, David) |
| Filing 33 STIPULATION Extending Time to Answer the complaint as to CDW Corporation answer now due 10/15/2019, re Amended Complaint/Petition #13 filed by Defendant CDW Corporation. (Attachments: #1 Proposed Order)(Attorney Paul Henry Burleigh added to party CDW Corporation(pty:dft))(Burleigh, Paul) |
| Filing 32 REPLY Brief in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Defendant Masergy Communications, Inc.. (Clark, David) |
| Filing 31 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #25 , First REQUEST to Continue Hearing from October 7, 2019 to October 21, 2019 Re: NOTICE OF MOTION AND MOTION to Dismiss Case #25 #26 Amended Opposition filed by Plaintiff Sandler Partners, LLC. (Attachments: #1 Amended Proof of Service)(Gomez, Alvin) |
| Filing 30 PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint/Petition #13 upon CDW Corporation served on 9/9/2019, answer due 9/30/2019, Summons First Amended Complaint served by Personal-Agent for service service, by Federal statute, upon Lynanne Gares, Managing Agent. (Gomez, Alvin) |
| Filing 29 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #25 , First REQUEST to Continue Hearing from October 7, 2019 to October 21, 2019 Re: NOTICE OF MOTION AND MOTION to Dismiss Case #25 #26 Opposition filed by Plaintiff Sandler Partners, LLC. (Attachments: #1 Proof of Service)(Gomez, Alvin) |
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Filing 28
ORDER ON STIPULATION TO CONTINUE HEARING ON MOTION TO DISMISS #26 by Judge John F. Walter. The hearing on the motion to dismiss continued to October 21, 2019 at 1:30pm; and The opposition and reply shall be filed based on the hearing date of October 7, 2019. (iv)
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Filing 27
MINUTES (IN CHAMBERS) ORDER DENYING AS MOOT MOTION OF DEFENDANT MASERGY COMMUNICATIONS, INC. TO DISMISS PLAINTIFF'S COMPLAINT [filed 8/14/19; Docket No. #10 ] by Judge John F. Walter. Defendant's Motion is DENIED as moot. (iv)
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| Filing 26 First REQUEST to Continue Hearing from October 7, 2019 to October 21, 2019 Re: NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Plaintiff Sandler Partners, LLC. Request set for hearing on 10/21/2019 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order) (Gomez, Alvin) |
| Filing 25 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Masergy Communications, Inc.. Motion set for hearing on 10/7/2019 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order Granting Motion to Dismiss) (Clark, David) |
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Filing 24
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 8/7/2020 at 10:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 8/14/2020 at 10:00 AM. Jury Trial set for 8/25/2020 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 23
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on September 16, 2019 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: April 27, 2020. The Joint Report re: Results of Settlement Conference due on: April 30, 2020. (iv)
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| Filing 22 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff Sandler Partners, LLC.. (Attachments: #1 Proof of Service)(Zeccola, Frank) |
| Filing 21 21 DAY Summons Issued re Amended Complaint/Petition #13 as to CDW CORPORATION CDW Corporation. (yl) |
| Filing 20 NOTICE of Plaintiff's Non-Opposition to Defendants's Motion to Dismiss filed by Defendant Masergy Communications, Inc.. (Clark, David) |
| Filing 19 Text Entry Order (Court's response to Deficiency in Electronically Filed Documents #18 RE: Amended Complaint/Petition #13 - Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 30, inclusive.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First Amended Complaint #13 . The following error(s) was/were found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named 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. (iv) |
| Filing 17 Request for Clerk to Issue Summons on Amended Complaint/Petition #13 filed by Plaintiff Sandler Partners, LLC. (Zeccola, Frank) |
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Filing 16
ORDER DENIED ON STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE #14 by Judge John F. Walter. (lom)
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| Filing 15 JOINT STATEMENT of Re NOTICE OF MOTION AND MOTION to Dismiss Case #10 filed by Defendant Masergy Communications, Inc.. (Clark, David) |
| Filing 14 STIPULATION to Continue Case Management Conference from September 16, 2019 to November 4, 2019 filed by Defendant Masergy Communications, Inc.. (Attachments: #1 Proposed Order Granting Stipulation)(Clark, David) |
| Filing 13 FIRST AMENDED COMPLAINT against Defendant Masergy Communications, Inc. amending Complaint - (Discovery), filed by Plaintiff Sandler Partners, LLC (Attachments: #1 Proof of Service)(Zeccola, Frank) |
| Filing 12 DECLARATION of Mark D. Erickson Re Compliance with Local Rules filed by Defendant Masergy Communications, Inc.. (Erickson, Mark) |
| Filing 11 DECLARATION of Alvin M. Gomez Lead Trial Counsel re: Compliance with Local Rules Governing Electronic Filing filed by Plaintiff Sandler Partners, LLC. (Attachments: #1 Declaration Declaration of Service)(Dias, Luiza) |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Masergy Communications, Inc.. Motion set for hearing on 9/16/2019 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Exhibit to Request for Judicial Notice, #2 Proposed Order) (Clark, David) |
| Filing 9 CERTIFICATE OF SERVICE filed by Defendant Masergy Communications, Inc., re Initial Order upon Filing of Complaint - form only #6 [Standing Order] served on 08/13/2019. (Clark, David) |
| Filing 8 STATEMENT Joint Statement Re: Motion to Dismiss [L.R. 7-3] filed by Defendant Masergy Communications, Inc. (Clark, David) |
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Filing 7
MINUTE ORDER IN CHAMBERS by Judge John F. Walter: Counsel are hereby notified that a Scheduling Conference has been set for September 16, 2019 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before September 3, 2019. (iv)
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Filing 6
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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| Filing 5 CERTIFICATE of Interested Parties filed by Defendant Masergy Communications, Inc., (Clark, David) |
| Filing 4 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. The Civil Cover Sheet should have been filed under a separate event, not as an attachment to the Removal: Civil Events>Other Filings>Miscellaneous Filings>Civil Cover Sheet CV-71. No further action is required unless directed by the Court. (jtil) |
| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 2 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Maria A. Audero. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Sandler Partners, LLC in Los Angeles Superior Court on 7/2/2019, attached as Exhibit 1. (jtil) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 19STCV23168 Receipt No: 0973-24219408 - Fee: $400, filed by Defendant Masergy Communications, Inc.. (Attachments: #1 Exhibit State Court File, #2 Civil Cover Sheet Civil Case Cover Sheet, #3 Affidavit Certificate of Service) (Attorney David Brandon Clark added to party Masergy Communications, Inc.(pty:dft))(Clark, David) |
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