United States of America v. Southern California Edison et al
| United States of America |
| Southern California Edison Company, Utility Tree Service, Frontier Communications, Inc. and Does 1 to 10 |
| Roes |
| 2:2019cv07179 |
| August 17, 2019 |
| US District Court for the Central District of California |
| Percy Anderson |
| Steve Kim |
| Torts to Land |
| 28 U.S.C. § 1331 |
| Both |
Docket Report
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This docket was last retrieved on June 23, 2020. A more recent docket listing may be available from PACER.
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| Filing 72 STIPULATION to Dismiss Case pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and 41(c) filed by Plaintiff United States of America.(Chen, Margaret) |
| Filing 71 JOINT REPORT of RE ANTICIPATED DISMISSAL WITHOUT PREJUDICE filed by Plaintiff United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Chen, Margaret) |
Filing 70
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson: ORDER THAT THE PARTIES STIPULATED REQUEST FOR CONTINUANCE OF TRIAL AND OTHER CASE DEADLINES #69 IS DENIED. Alternatively, the parties may wish to consider entering into a tolling agreement and dismissing this action without prejudice in light ofCOVID-19 and the parties belief that the case cannot be litigated consistent with the courts scheduling order.The Court orders lead attorneys for the parties shall meet and confer telephonically to arrange dates for the necessary depositions. Witnesses can be prepared by video or telephonically. The parties shall file a joint report no later than June 22, 2020 setting forth a list of the deponents and the dates for the depositions.Any party who refuses toappear for a duly noticed and authorized telephonic or video deposition will be subject to sanctions. (lc)
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| Filing 69 STIPULATION for Order Continuing Trial and Other Case Deadlines filed by Defendant United States of America. (Attachments: #1 Declaration of Bronwyn F. Pollock in Support of Stipulated Request for Continuance of Trial and Other Case Deadlines, #2 Proposed Order)(Barragan, Matthew) |
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Filing 68
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. On April 16, 2020 the Court instructed plaintiff United States of America (Plaintiff) and cross claimant Southern California Edison (SoCal Edison) to file in this Court either a dismissal of their respective claims against defendant Frontier Communications, Inc. (Frontier) (if they intend to pursue their claims against Frontier in the bankruptcy case), or a Notice indicating that they intend to pursue their claims in this Court. (Dkt. #60 .) As of today's date, SoCal Edison has not filed any response to the Court's order, which was due several weeks ago on May 4, 2020. Because SoCal Edison has failed to respond to the Court's order, the Court finds that SoCal Edison has chosen to not pursue its claims against Frontier in this action. Therefore, SoCal Edison's Crossclaim against Frontier is hereby dismissed without prejudice #19 . Plaintiff has filed a Response to the Courts April 16th Order. (See Dkt. #67 .) Plaintiff informs the Court that it intends to pursue its claims against Frontier in this action before this Court. And Plaintiff states that it has filed a motion in the United States Bankruptcy Court for the Southern District of New York, Case No. 20-22476 (RDD), seeking an order for relief from the automatic stay pursuant to 11 U.S.C. 362(d). (Id. at Ex. 1 (copy of United States' Motion for an Order for Relief from the Automatic Stay).) Plaintiff's motion is currently pending before the Bankruptcy Court and has a hearing date of June 29, 2020. (Id.) Accordingly, the Court hereby orders Plaintiff to file a Status Report informing this Court when the Bankruptcy Court has issued its decision on Plaintiff's motion. See minute order for details. (lom)
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| Filing 67 RESPONSE filed by Plaintiff United States of Americato Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Deadlines,,,, #60 AND NOTICE THAT PLAINTIFF INTENDS TO PURSUE ITS CLAIMS AGAINST FRONTIER IN THIS ACTION IN THIS COURT (Attachments: #1 Exhibit 1 - United States Motion for an Order for Relief from the Automatic Stay, #2 Exhibit 2 - Docket from the Bankruptcy Case)(Barragan, Matthew) |
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Filing 66
PROTECTIVE ORDER by Magistrate Judge Steve Kim re Stipulation for Protective Order #65 . (see document for further details) (hr)
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| Filing 65 STIPULATION for Protective Order filed by Plaintiff United States of America.(Chen, Margaret) |
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Filing 64
ORDER EXTENDING TIME TO RESPOND TO THE COURT'S APRIL 16, 2020 ORDER (DKT. NO. 60) by Judge Percy Anderson, re Stipulation for Order #63 . IT IS HEREBY ORDERED THAT the time the United States has to respond to the Court's April 16, 2020 Order (Dkt. No. 60) be extended from May 4, 2020 to May 26, 2020. Accordingly, no later than May 26, 2020, the United States shall file in this Court either a dismissal of its claims against Frontier or a Notice indicating that it intends to pursue this action in this Court. If the United States intends to pursue its claims against Frontier in this action in this Court, it must, no later than May 26, 2020, file in this Court proof that it has filed an appropriate motion in the United States Bankruptcy Court for the Southern District of New York seeking relief from the automatic stay. (mrgo)
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| Filing 63 STIPULATION for Order Extending Time to Respond to the Court's April 16, 2020 Order (Dkt. No. 60) filed by Plaintiff United States of America. (Attachments: #1 Proposed Order)(Barragan, Matthew) |
| Filing 62 ANSWER to Crossclaim #57 filed by Defendant/Cross-Defendant Utility Tree Service.(Munro, Colin) |
| Filing 61 ANSWER to Counterclaim #56 filed by Defendant, Cross-Claimant and Counter-Defendant Southern California Edison Company.(Voss, Matthew) |
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Filing 60
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court has received a "Notice of Suggestion of Pendency of Bankruptcy for Frontier Communications Corporation, et al., and Automatic Stay of These Proceedings" filed by Defendant and Crossclaim Defendant Frontier Communications, Inc. ("Frontier"). (Dkt. 59.) (SEE DOCUMENT FOR DETAILS). No later than May 4, 2020, Plaintiff USA and Cross Claimant SoCal Edison shall file in this Court either a dismissal of their respective claims against Frontier (if they intend to pursue their claims against Frontier in the bankruptcy case), or a Notice indicating that they intend to pursue this action in this Court. If Plaintiff USA and Cross Claimant SoCal Edison intend to pursue their claims against Frontier in this action in this Court, they must, no later than May 4, 2020, file in this Court proof that they have filed an appropriate motion in the Bankruptcy Court seeking relief from the automatic stay. Failure to timely seek relief from the automatic stay may result in dismissal of the claims against Frontier without prejudice. (mrgo)
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| Filing 59 NOTICE OF SUGGESTION OF PENDENCY OF BANKRUPTCY FOR FRONTIER COMMUNICATIONS CORPORATION, ET AL., AND AUTOMATIC STAY OF THESE PROCEEDINGS filed by Defendant and Cross-Claim Defendant Frontier Communications, Inc.. (Attachments: #1 Exhibit A)(Pollock, Bronwyn) |
| Filing 58 CERTIFICATE of Interested Parties filed by Defendant Frontier Communications, Inc., identifying Frontier Communications Corp. (parent company), CNA Financial Corp. (insurance carrier), and AEGIS Insurance Services, Inc. (insurance carrier). (Pollock, Bronwyn) |
| Filing 57 CROSSCLAIM against Cross-Defendant Utility Tree Service, filed by Defendant and Cross-Claimant Frontier Communications, Inc..(Pollock, Bronwyn) |
| Filing 56 COUNTERCLAIM against Counter Defendant Southern California Edison Company, filed by Defendant and Counter-Claimant Frontier Communications, Inc..(Pollock, Bronwyn) |
| Filing 55 ANSWER to Crossclaim #19 by Southern California Edison Company filed by Defendant Frontier Communications, Inc..(Pollock, Bronwyn) |
| Filing 54 ANSWER to Amended Complaint/Petition, #40 filed by Defendant Frontier Communications, Inc..(Pollock, Bronwyn) |
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Filing 53
MINUTE ORDER (IN CHAMBERS) by Judge Percy Anderson re: #32 MOTION to Dismiss; #39 MOTION to Dismiss; and #47 MOTION to Dismiss. Frontier's Motion to Dismiss is denied as moot. Frontier's Motion to Dismiss the First Amended Complaint is granted in part and denied in part. The Motion is denied as to Plaintiff's negligence claim, California Health and Safety Code 13001, 13007, 13009, and 13009.1 claims, California Public Resources Code claim, and trespass claim. The Motion is granted as to Plaintiff's California Health and Safety Code 13008 claim. Frontier's Motion to Dismiss the Cross-Claim is denied. Accordingly, Frontier shall file Answers to the FAC and Cross-Claim within 14 days of the entry of this order. (See document for full details) (mrgo)
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Filing 52
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, the MOTION to Dismiss the Complaint #32 ; MOTION to Dismiss Cross-Claim #39 ; and MOTION to Dismiss First Amended Complaint #47 all currently set for hearing on March 23, 2020, are hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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| Filing 51 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint ; Memorandum of Points and Authorities in Support #47 filed by Defendant Frontier Communications, Inc.. (Attachments: #1 Exhibit A)(Pollock, Bronwyn) |
| Filing 50 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint ; Memorandum of Points and Authorities in Support #47 filed by Plaintiff United States of America. (Chen, Margaret) |
| Filing 49 ANSWER to Amended Complaint/Petition, #40 filed by DEFENDANT Utility Tree Service.(Munro, Colin) |
| Filing 47 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint ; Memorandum of Points and Authorities in Support filed by Defendant Frontier Communications, Inc.. Motion set for hearing on 3/23/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Matthew C. Sostrin, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order) (Pollock, Bronwyn) |
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Filing 48
ORDER DENYING STIPULATED REQUEST TO CONTINUE TRIAL AND OTHER CASE DEADLINES by Judge Percy Anderson, re Stipulation to Continue #41 . (mrgo)
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Filing 46
ORDER GRANTING STIPULATION TO CONTINUE HEARING ON CROSS-DEFENDANT FRONTIER'S MOTION TO DISMISS THE CROSSCLAIM by Judge Percy Anderson, re Stipulation to Continue, #44 . Accordingly, the hearing on Cross-Defendant Frontier's motion to dismiss the Cross-Claim is hereby rescheduled from March 2, 2020, to March 23, 2020 at 1:30 p.m. (mrgo)
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| Filing 45 REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss Southern California Edison Company's Cross-Claim ; Memorandum of Points and Authorities in Support Thereof #39 filed by Defendant Frontier Communications, Inc., Cross Defendant Frontier Communications, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pollock, Bronwyn) |
| Filing 44 STIPULATION to Continue Hearing For Cross-Defendant Frontier's Motion to Dismiss the Cross Claim filed by Defendant and Cross-Defendant Frontier Communications, Inc.. (Attachments: #1 Declaration Of Bronwyn F. Pollock in Support, #2 Proposed Order)(Pollock, Bronwyn) |
| Filing 43 ANSWER to Amended Complaint/Petition, #40 filed by Defendant Southern California Edison Company.(Voss, Matthew) |
| Filing 42 OPPOSITION IN OPPOSITION TO re: NOTICE OF MOTION AND MOTION to Dismiss Southern California Edison Company's Cross-Claim ; Memorandum of Points and Authorities in Support Thereof #39 filed by Cross Claimant Southern California Edison Company. (Voss, Matthew) |
| Filing 41 STIPULATION to Continue Trial and Other Case Deadlines filed by Defendant and Cross-Defendant Frontier Communications, Inc.. (Attachments: #1 Declaration of Mark R. Ter Molen, #2 Proposed Order)(Pollock, Bronwyn) |
| Filing 40 FIRST AMENDED COMPLAINT against Defendants Frontier Communications, Inc., Southern California Edison Company, Utility Tree Service amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff United States of America(Barragan, Matthew) |
| Filing 39 NOTICE OF MOTION AND MOTION to Dismiss Southern California Edison Company's Cross-Claim ; Memorandum of Points and Authorities in Support Thereof filed by Cross-Defendant Frontier Communications, Inc.. Motion set for hearing on 3/2/2020 at 01:30 PM before Judge Percy Anderson. (Attorney Bronwyn F Pollock added to party Frontier Communications, Inc.(pty:crd)) (Pollock, Bronwyn) |
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Filing 37
CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson. (Discovery cut-off 8/3/2020. Motions due by 8/10/2020. Final Pretrial Conference set for 9/18/2020 at 01:30 PM before Judge Percy Anderson. Jury Trial set for 10/13/2020 at 09:00 AM before Judge Percy Anderson.) (mrgo)
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Filing 38
ORDER GRANTING STIPULATION TO CONTINUE HEARING DATE FOR DEFENDANT FRONTIER COMMUNICATIONS, INC.'S MOTION TO DISMISS THE COMPLAINT by Judge Percy Anderson, re Stipulation to Continue, #35 . (Responses due by 2/3/2020, Replies due by 2/17/2020. Motion reset for hearing on 3/2/2020 at 01:30 PM before Judge Percy Anderson.) (mrgo)
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Filing 36
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. Dates set by the Court in this action are listed in the "Schedule of Trial and Pretrial Dates"attached to this order. (Amended Pleadings due by 4/20/2020. Discovery cut-off 8/3/2020. Exhibit List due by 9/4/2020. Witness List due by 9/4/2020. Motions due by 8/10/2020. Motions in Limine to be filed by 9/18/2020. Proposed Pretrial Order due by 9/4/2020. Status Report due by 9/4/2020. Last date to conduct settlement conference is 8/17/2020. Final Pretrial Conference set for 9/18/2020 at 01:30 PM before Judge Percy Anderson. Jury Trial set for 10/13/2020 at 09:00 AM before Judge Percy Anderson.) The scheduling conference currently on calendar for January 27, 2020 at 10:30 a.m. is hereby vacated, and the matter taken off calendar. (mrgo)
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| Filing 35 STIPULATION to Continue Hearing Date for Defendant Frontier Communications, Inc.'s Motion to Dismiss the Complaint from February 10, 2020 at 1:30 p.m. to March 2, 2020 at 1:30 p.m. Re: NOTICE OF MOTION AND MOTION to Dismiss the Complaint ; Memorandum of Points and Authorities in Support Thereof #32 filed by Plaintiff United States of America. (Attachments: #1 Declaration OF MATTHEW J. BARRAGAN IN SUPPORT OF STIPULATION TO CONTINUE HEARING DATE FOR DEFENDANT FRONTIER COMMUNICATIONS, INC.'S MOTION TO DISMISS THE COMPLAINT, #2 Proposed Order)(Barragan, Matthew) |
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Filing 34
ORDER/REFERRAL to ADR Procedure No 3 by Judge Percy Anderson. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than August 17, 2020. (mrgo)
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| Filing 33 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 14 days, filed by Plaintiff United States of America.. (Barragan, Matthew) |
| Filing 32 NOTICE OF MOTION AND MOTION to Dismiss the Complaint ; Memorandum of Points and Authorities in Support Thereof filed by Defendant Frontier Communications, Inc.. Motion set for hearing on 2/10/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Matthew C. Sostrin, #2 Proposed Order) (Pollock, Bronwyn) |
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Filing 31
ORDER by Judge Percy Anderson: granting #29 Non-Resident Attorney Mark R. Ter Molen APPLICATION to Appear Pro Hac Vice on behalf of Frontier Communications, Inc, designating Bronwyn F Pollock as local counsel. (lom)
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Filing 30
ORDER by Judge Percy Anderson: granting #28 Non-Resident Attorney Matthew C. Sostrin APPLICATION to Appear Pro Hac Vice on behalf of Frontier Communications, Inc, designating Bronwyn F Pollock as local counsel. (lom)
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| Filing 29 APPLICATION of Non-Resident Attorney Mark R. Ter Molen to Appear Pro Hac Vice on behalf of Defendant Frontier Communications, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25000300) filed by defendant Frontier Communications, Inc.. (Attachments: #1 Proposed Order) (Pollock, Bronwyn) |
| Filing 28 APPLICATION of Non-Resident Attorney Matthew C. Sostrin to Appear Pro Hac Vice on behalf of Defendant Frontier Communications, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25000227) filed by defendant Frontier Communications, Inc.. (Attachments: #1 Proposed Order) (Pollock, Bronwyn) |
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Filing 27
ORDER DENYING THE STIPULATED REQUEST FOR A 60-DAY CONTINUANCE OF THE SCHEDULING CONFERENCE AND RELATED DEADLINES by Judge Percy Anderson, re Stipulation to Continue #24 . (mrgo)
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Filing 26
ORDER GRANTING THE STIPULATED REQUEST TO EXTEND THE TIME TO RESPOND TO THE CROSS-CLAIM BY 30 DAYS by Judge Percy Anderson, re Stipulation for Extension of Time to File Response/Reply #25 . For good cause shown, the Court hereby GRANTS the stipulated request to extend by thirty days the time for Frontier to answer or otherwise respond to the Cross-Claim filed by Southern California Edison Company. Accordingly, Frontier's answer or response to the Cross-Claim is due by January 27, 2020. (mrgo)
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| Filing 25 STIPULATION for Extension of Time to File Response as to Crossclaim #19 filed by Defendant Frontier Communications, Inc.. (Attachments: #1 Declaration Of Bronwyn F. Pollock in Support, #2 Proposed Order)(Pollock, Bronwyn) |
| Filing 24 STIPULATION to Continue For 60 Days the Scheduling Conference and Related Deadlines filed by Defendant Frontier Communications, Inc.. (Attachments: #1 Declaration Of Bronwyn F. Pollock in Support, #2 Proposed Order)(Pollock, Bronwyn) |
| Filing 23 CERTIFICATE of Interested Parties filed by Defendant Frontier Communications, Inc., identifying BlackRock, Inc. (owns 10% of outstanding shares of Frontier Communications Corporation) and CNA (insurance carrier). (Attorney Bronwyn F Pollock added to party Frontier Communications, Inc.(pty:dft))(Pollock, Bronwyn) |
| Filing 22 CERTIFICATE of Interested Parties filed by Defendant Southern California Edison Company, identifying Edison International is a public utility holding company whose subsidiaries include Southern California Edison and Edison Energy. (Voss, Matthew) |
| Filing 21 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer to Complaint (Attorney Civil Case Opening) #18 by Judge Percy Anderson. The document is accepted as filed. Counsel are ordered to file their Notice of Interested Parties forthwith. (es) |
| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #18 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (mrgo) |
| Filing 19 CROSSCLAIM against Cross-Defendant Frontier Communications, Inc., filed by Cross-claimant Southern California Edison Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Voss, Matthew) |
| Filing 18 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Southern California Edison Company.(Attorney Matthew Eric Voss added to party Southern California Edison Company(pty:dft))(Voss, Matthew) |
| Filing 17 WAIVER OF SERVICE Returned Executed filed by Plaintiff United States of America. upon Frontier Communications, Inc. waiver sent by Plaintiff on 11/14/2019, answer due 1/13/2020. Waiver of Service signed by Bronwyn F. Pollock. (Finn, Kevin) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff United States of America, upon Defendant Southern California Edison Company served on 11/13/2019, answer due 12/4/2019. Service of the Summons and Complaint were executed upon Cristina Limon, Southern California Edison Company in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Finn, Kevin) |
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Filing 15
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] ORDER by Judge Percy Anderson. (Scheduling Conference set for 1/6/2020 at 10:30 AM before Judge Percy Anderson.) (mrgo)
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| Filing 14 DEMAND for Jury Trial filed by Defendant Utility Tree Service.. (Munro, Colin) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT filed by Defendant Utility Tree Service identifying Utility Vegetation Services, LLC as Corporate Parent. (Munro, Colin) |
| Filing 12 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Utility Tree Service.(Attorney Colin Munro added to party Utility Tree Service(pty:dft))(Munro, Colin) |
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Filing 11
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (twdb)
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| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Frontier Communications, Inc. (lh) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Utility Tree Service. (lh) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Southern California Edison Company. (lh) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Steve Kim. (lh) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff UNITED STATES OF AMERICA. (Finn, Kevin) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff UNITED STATES OF AMERICA. (Finn, Kevin) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff UNITED STATES OF AMERICA. (Finn, Kevin) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff UNITED STATES OF AMERICA. (Finn, Kevin) |
| Filing 1 COMPLAINT No Fee Required - US Government, filed by Plaintiff UNITED STATES OF AMERICA. (Attorney Kevin Bruce Finn added to party UNITED STATES OF AMERICA(pty:pla))(Finn, Kevin) |
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