Arroyo Escondido, LLC v. Balmoral Farm, Inc. et al
| Arroyo Escondido, LLC |
| Mr. Carleton Brooks, Balmoral Farm, Inc., Mrs. Traci Brooks, Carleton Brooks and Traci Brooks |
| 2:2019cv08464 |
| October 1, 2019 |
| US District Court for the Central District of California |
| Douglas F McCormick |
| Otis D Wright |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.
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Filing 145
ORDER by Magistrate Judge Douglas F. McCormick, re Stipulation to Continue #144 NOTE: CHANGES HAVE BEEN MADE TO THIS DOCUMENT. The Court hereby GRANTS the Application to Continue Hearing on Deposition Testimony Objections from November 9, 2023 to February 15, 2024 at 10:00 am in Courtroom 6B. The parties are to submit their Joint Status Report in advance of the hearing. (es)
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Filing 144
First STIPULATION to Continue Evidentiary Hearing Date on Deposition Testimony Objections from November 9, 2023 to February 8, 2024 filed by Plaintiff Arroyo Escondido, LLC. (Attachments: #1 Proposed Order)(Catanese, Thomas)
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Filing 143
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II The Court, on its own Motion hereby CONTINUES the hearing on the Pending MOTION to Withdraw as Attorney for Plaintiff Arroyo Escondido, LLC #142 to January 9, 2024 at 1:30 p.m. Any other briefing deadlines are not continued and remain as if the hearing were not continued. (lc)
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Filing 142
NOTICE OF MOTION AND MOTION of Catanese & Wells, A Law Corporation, Douglas R. Hume, Esq. and Bradley W.R. Gould, Esq. to Withdraw as Attorney for Plaintiff Arroyo Escondido, LLC filed by Attorney for Plaintiff Arroyo Escondido, LLC. Motion set for hearing on 10/23/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Douglas R. Hume, Esq., #2 Proposed Order) (Hume, Douglas)
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Filing 141
MINUTES OF Discovery Conference Re Parties Objections to Deposition Testimony Hearing held before Magistrate Judge Douglas F. McCormick: Case called and counsel make their appearances. Tentative ruling issued. Court and counsel confer re objections to deposition testimony to be presented at trial. The Court sets an in person hearing for November 9, 2023, at 10:00 am. Parties to submit joint report by November 3, 2023. Court Reporter: CS 09/07/2023. (es)
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Filing 140
SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. The Court hereby sets a Discovery Hearing Re: Parties Objections to Deposition Testimony #139 for 9/7/2023 at 10:00 AM before Magistrate Judge Douglas F. McCormick. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY
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Filing 139
MINUTES OF Telephonic Conference Re Parties Objections to Deposition Testimony held before Magistrate Judge Douglas F. McCormick: Cause called and counsel make their appearances. Court and counsel confer re objections to deposition testimony to be presented at trial. The Court orders the parties to provide copies of the deposition transcripts. The Court will issue a further order after the transcripts have been received. Court Reporter: CS 05/09/2023. (es)
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Filing 138
SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. The Court sets a Telephone Conference with the parties for 5/9/2023 at 11:00 AM before Magistrate Judge Douglas F. McCormick. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY
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Filing 137
MINUTES OF PRETRIAL CONFERENCE AND HEARING ON MOTIONS IN LIMINE held before Judge Otis D. Wright, II: The Court and counsel discussed the status of the case, trial scheduling, and trial issues as set forth on the record. The Court orders the parties to contact Magistrate Judge Douglas F. McCormick regarding resolving the parties' objections to deposition testimony to be presented at trial. After conferring with Magistrate Judge McCormick, the parties are ordered to contact the Court regarding scheduling a new trial date.The Court instructed the parties to REVISE and submit AMENDED MOTIONS IN LIMINE.The Court will set the deadline for the parties to submit amended motions in limine concurrently with setting the new trial date. The jury trial scheduled for May 9, 2023, is VACATED. Court Recorder: CourtSmart. (lc) Modified on 5/3/2023 (lc).
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Filing 136
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance #134 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123.. 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. (ak)
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Filing 135
Joint Index of Deposition Portions Offered as Testimony filed by Plaintiff and Cross-Defendant Arroyo Escondido, LLC (Hume, Douglas)
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Filing 134
NOTICE of Appearance filed by attorney Bradley William Gould on behalf of Plaintiff Arroyo Escondido, LLC (Attorney Bradley William Gould added to party Arroyo Escondido, LLC(pty:pla))(Gould, Bradley)
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Filing 133
TRIAL BRIEF Joint Index of Deposition Portions Offered as Testimony filed by Defendants/Counterclaimant Balmoral Farm, Inc., Carleton Brooks, Traci Brooks.. (Scapa, Robert)
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Filing 132
AMENDED Exhibit List filed by Defendants/Counterclaimant Balmoral Farm, Inc., Carleton Brooks, Traci Brooks.. (Scapa, Robert)
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Filing 131
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER DENYING MOTION TO WITHDRAW #119 . On April 3, 2023, the Court held a hearing on the pending Motion to Withdraw. Following the hearing, the Court ordered Hume to meet and confer with Arroyo's managing members, Dr. Cristina Payan and Reid Cox, in an effort to reach a reasonable agreement regarding Catanese & Wells's completion of this case. Counsel and Arroyo subsequently filed status reports with the Court regarding this meet and confer. After further consideration and conferencing with Hume and Arroyo's managing members, the Court DENIES the Motion to Withdraw. The Court CONTINUES the Final Pretrial Conference in this matter from April 17, 2023, to May 1, 2023, at 1:30 p.m., at which time the Court will concurrently hold the hearing on the parties pending Motions in Limine. The trial remains as scheduled, commencing May 9, 2023, at 9:00 a.m.. (lc)
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Filing 130
STATUS REPORT filed by Plaintiff Arroyo Escondido, LLC. (Attachments: #1 Declaration)(Hume, Douglas)
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Filing 129
STATUS REPORT following April 4, 2023, order of the Court (DE126) filed by Defendants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks, Counter Claimants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. (Attachments: #1 Declaration of Robert Scapa re Status Report)(Scapa, Robert)
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Filing 128
STATUS REPORT following April 4, 2023, order of the Court filed by Plaintiff Arroyo Escondido, LLC. (Attachments: #1 Declaration of Douglas R. Hume, Esq. re: Status Report)(Hume, Douglas)
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Filing 127
PROOF OF SERVICE filed by Counsel for plaintiff Arroyo Escondido, LLC, of Minute Order of the Court dated April 4, 2023, served on April 4, 2023. (Hume, Douglas)
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Filing 126
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On April 3, 2023, the Court held a hearing on counsel's Motion to Withdraw. (Mins., ECF No. 125.) Following the hearing, the Court conferenced with Arroyos managing members, M. Cristina Payan and Reid Cox, and Arroyo's counsel of record, Douglas R. Hume. Arroyo indicated that it has paid substantial fees to Catanese & Wells for its representation in this matter over the last three-plus years. In addition, Arroyo would like to proceed to trial with its current representation and is prepared to pay associated trial expenses. Based on this conference and given that trial is a mere five weeks away, the Court is confident that Hume andArroyo can reach a reasonable agreement regarding Catanese & Wells's completion of this case. Accordingly, the Court ORDERS Arroyo's counsel, Douglas R. Hume, to meet and confer in real time (i.e., not via email) with Arroyo's managing members by no later than April 7, 2023. Counsel shall file a status report with the Court by no later than April 10, 2023, regarding the results of the conference. All dates and deadlines, including the May 9, 2023 trial date, remain as scheduled. (lc)
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Filing 125
MINUTES OF MOTION TO WITHDRAW AS ATTORNEY D Hearing held before Judge Otis D. Wright, II: Case called, appearances made. Also present were plaintiffs' through its managing members. A detailed order will issue. All other dates will remain as currently set. Court Recorder: Court Smart. (lc)
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Filing 124
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Plaintiff moves for reconsideration of the Court's Order Granting Defendants' Motion for Partial Summary Judgment, and seeks reinstatement of Plaintiff's seventh cause of action under California Penal Code section 496(a) #102 . Plaintiff brings the Motion pursuant to Federal Rule of Civil Procedure 60(b) and California Central District Civil Local Rule.The Court deemed this matter appropriate for decision without oral argument. The Court DENIES Plaintiffs Motion for Reconsideration (SEE DOCUMENT FOR SPECIFICS). (lc)
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Filing 123
OPPOSITION to NOTICE OF MOTION AND MOTION of Catanese & Wells, A Law Corporation and Douglas R. Hume, Esq. to Withdraw as Attorney #119 and Declaration of M. Cristina Payan, M.D. in Support of Opposition filed by Plaintiff Arroyo Escondido, LLC. (Attachments: #1 Declaration)(Hume, Douglas)
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Filing 122
DEFENDANTS' RESPONSE TO PLAINTIFF'S COUNSELS' MOTION TO WITHDRAW AS COUNSEL re NOTICE OF MOTION AND MOTION of Catanese & Wells, A Law Corporation and Douglas R. Hume, Esq. to Withdraw as Attorney #119 filed by Defendants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks, Counter Claimants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. (Scapa, Robert)
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Filing 121
NOTICE OF SERVICE filed by Attorney for Plaintiff Arroyo Escondido, LLC, re Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Motion Hearing and R&R Deadlines,, #120 served on March 7, 2023. (Hume, Douglas)
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Filing 120
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On March 2, 2023, Plaintiff Arroyo Escondido, LLCs counsel moved to withdraw as counsel #119 . Counsel set the Motion for a hearing at 1:30 p.m. on April 3, 2023. The Court ADVANCES the hearing on the Motion to 10:00 AM on April 3, 2023. The lead trial attorney on behalf of each party shall attend the April 3, 2023 hearing. In addition, Cristina Payan and/or Reid Cox, as Plaintiff Arroyo Escondido, LLC's managing members, shall attend the April 3, 2023 hearing. Counsel shall immediately serve Plaintiff Arroyo Escondido, LLC and its managing members with a copy of this Order and thereafter promptly file a proof of service. (lc)
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Filing 119
NOTICE OF MOTION AND MOTION of Catanese & Wells, A Law Corporation and Douglas R. Hume, Esq. to Withdraw as Attorney filed by Attorney for Plaintiff Arroyo Escondido, LLC. Motion set for hearing on 4/3/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration, #2 Proposed Order) (Hume, Douglas)
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Filing 118
MINUTES (In Chambers): Order DENYING Motion to Withdraw #117 by Judge Otis D. Wright, II. Accordingly, the Court DENIES the Motion without prejudice because counsel does not demonstrate that he met and conferred with opposing counsel, nor that he provided written notice to opposing counsel and Arroyo reasonably in advance of bringing the Motion. Finally, in addition to these procedural deficiencies, the Court is not convinced that counsel meets his burden to establish good cause for withdrawal, particularly in light of the upcoming trial set for May 9, 2023. See minute order for further details. (lom)
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Filing 117
NOTICE OF MOTION AND MOTION of Catanese & Wells, A Law Corporation and Douglas R. Hume, Esq. to Withdraw as Attorney filed by Counsel for plaintiff Arroyo Escondido, LLC. Motion set for hearing on 3/20/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration, #2 Proposed Order) (Hume, Douglas)
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Filing 116
FOR COURT USE ONLY: STATISTICAL CORRECTION striking #113 MOTION to Withdraw as Attorney re order #115 . (lom)
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Filing 115
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: NOTICE OF MOTION AND MOTION to Withdraw as Attorney #113 , for the following reasons: Stricken for the reasons stated in the Notice of Deficiencies at ECF No. #114 . (lom)
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Filing 114
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION of Catanese & Wells, A Law Corporation and Douglas R. Hume, Esq. to Withdraw as Attorney #113 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. 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. (lom)
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Filing 113
STRICKEN, see docket entry no. 115 - NOTICE OF MOTION AND MOTION of Catanese & Wells, A Law Corporation and Douglas R. Hume, Esq. to Withdraw as Attorney filed by Counsel for plaintiff Arroyo Escondido, LLC. Motion set for hearing on 2/27/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration, #2 Proposed Order) (Hume, Douglas) Modified on 2/15/2023 (lom).
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Filing 112
Notice of Withdrawal of Counsel filed by Plaintiff Arroyo Escondido, LLC. (Catanese, Thomas)
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Filing 111
Notice of Service by Catanese & Wells, ALC on Plaintiff Arroyo Escondido, LLC of Minute Order of the Court Dated January 6, 2023 filed by Plaintiff Arroyo Escondido, LLC. (Catanese, Thomas)
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Filing 110
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Court finds there is good cause for Catanese's withdrawal as counsel for Arroyo due to his recent and serious health emergency. However, the docket and record reflect that another attorney at Catanese & Wells, Douglas R. Hume, also represents Arroyo in this matter. The Application fails to address this or to explain why Hume cannot continue his representation of Arroyo. (See generally Appl.) In the Supplemental Catanese Declaration, Catanese states that there is an unspecified irreconcilable conflict between Arroyo and all attorneys at Catanese & Wells. (Suppl. Catanese Decl. 6.) Catanese also states that he has been the lead attorney from the outset of this case and that, if this trial proceeds, he would be required to manage remotely the trial preparation, jeopardizing his health. The existing record fails to establish good cause for the withdrawal of Hume andCatanese & Wells. The existing record fails to establish good cause for the withdrawal of Hume and Catanese & Wells. Thus, it is not clear why Hume, or another attorney at Catanese & Wells, would be unable to represent Arroyo at trial. Moreover, Arroyo is a business entity that cannot appear pro se in federal court. C.D. Cal. L.R. 83-2.2.2. Accordingly, Arroyos current counsel may not withdraw from representation of Arroyo before Arroyo retains new counsel and properly requests a substitution of attorney. The Court finds that a continuance of ninety (90) days is warranted to allow Hume or another attorney at Catanese & Wells to prepare for trial or to allow Arroyo to appoint new counsel to take this case to trial. Accordingly, the Court GRANTS IN PART the Application, permitting Catanese to withdraw as counsel. Catanese will be deemed withdrawn from representation of Arroyo upon the filing of Notice of Appearance or Withdrawal of Counsel (Form G-123). However, the Court DENIES IN PART the Application as it relates to the requested withdrawal of Catanese & Wells #104 . The Court CONTINUES the trial date by ninety (90) days and ORDERS that the following dates and deadlines shall take precedence over any dates and deadlines previously set in this matter: Trial: 5/9/2023 9:00AM; Final trial exhibit stipulation: 5/4/2023; Hearing on Motions in Limine: 5/1/2023 1:30 PM; Final Pretrial Conference: 4/17/202 1:30 PM. Counsel shall immediately serve Arroyo with a copy of this Order and thereafter promptly file a proof of service. (lc)
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Filing 109
DECLARATION of T. Randolph Catanese in further support of EX PARTE APPLICATION to Withdraw as Attorney #104 filed by Plaintiff Arroyo Escondido, LLC. (Hume, Douglas)
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Filing 108
RESPONSE TO PLAINTIFF'S COUNSEL'S EX PARTE APPLICATION TO WITHDRAW AS COUNSEL re EX PARTE APPLICATION to Withdraw as Attorney #104 filed by Defendants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks, Counter Claimants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. (Scapa, Robert)
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Filing 107
Notice filed by Plaintiff Arroyo Escondido, LLC. Notice of Service of Minute Order (Catanese, Thomas)
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Filing 106
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On December 30, 2022, counsel for Plaintiff Arroyo Escondido, LLC moved to withdraw as counsel. (Mot. Withdraw, ECF No. 104.) Counsel set the motion to be heard on January 9,2023. (Id.) The Court construes this motion as an ex parte application and VACATES the January 9, 2023 hearing. Any opposition, which can include a declaration from the principals of Arroyo Escondido, shall be filed by January 4, 2023. The Court ORDERS counsel for Arroyo Escondido to immediately serve this Minute Order on its client and Defendants. (lc)
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Filing 105
The hearing on the MOTION for Reconsideration #102 , scheduled for January 9, 2023 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 104
(CONSTRUED AS EX PARTE APPLICATION PER 1/3/23 MINUTES DOCKET NO. 106 ) NOTICE OF MOTION AND MOTION of T. Randolph Catanese to Withdraw as Attorney filed by Plaintiff Arroyo Escondido, LLC. Motion set for hearing on 1/9/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of T. Randolph Catanese in Support of Motion to Withdraw as Plaintiff's Counsel, #2 Proposed Order in Support of Motion to Withdraw as Plaintiff's Counsel) (Catanese, Thomas) Modified on 1/3/2023 (lc).
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Filing 103
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Amend/Correct, Order on Motion for Partial Summary Judgment #79 #102 filed by Defendants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks, Counter Claimants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. (Scapa, Robert)
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Filing 102
NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Amend/Correct, Order on Motion for Partial Summary Judgment #79 filed by Plaintiff Arroyo Escondido, LLC. Motion set for hearing on 1/9/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for Reconsideration, #2 Proposed Order Granting Plaintiff's Motion for Reconsideration) (Catanese, Thomas)
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Filing 101
Plaintiff Arroyo Escondido, LLC's Opposition re: MOTION IN LIMINE (5) to Exclude Testimony Concerning Pony "Tucker" #86 filed by Plaintiff Arroyo Escondido, LLC. (Attachments: #1 Declaration of T. Randolph Catanese in Opposition to Defendants Motion in Limine No. 5, #2 Exhibit to Declaration of T. Randolph Catanese in Opposition to Defendants MIL No. 5)(Catanese, Thomas)
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Filing 100
Plaintiff Arroyo Escondido, LLC's Opposition re: MOTION IN LIMINE (4) for Evidence Non-Public Records of United States Equestrian Federation #85 filed by Plaintiff Arroyo Escondido, LLC. (Attachments: #1 Declaration of T. Randolph Catanese in Opposition to Defendants Motion in Limine No. 4, #2 Exhibit to Declaration of T. Randolph Catanese in Opposition to Defendants MIL No. 4)(Catanese, Thomas)
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Filing 99
Plaintiff Arroyo Escondido, LLC's Opposition re: MOTION IN LIMINE (3) to Exclude Testimony of Party-Affiliated Witness Reid Cox #84 filed by Plaintiff Arroyo Escondido, LLC. (Attachments: #1 Declaration of T. Randolph Catanese in Opposition to Defendants Motion in Limine No. 3, #2 Exhibit to Declaration of T. Randolph Catanese in Opposition to Defendants MIL No. 3)(Catanese, Thomas)
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Filing 98
Plaintiff Arroyo Escondido, LLC's Opposition re: MOTION IN LIMINE (2) to Exclude Testimony of Witness Carol Gleeson #83 filed by Plaintiff Arroyo Escondido, LLC. (Attachments: #1 Declaration of T. Randolph Catanese in Opposition to Defendants Motion in Limine No. 2, #2 Exhibit to Declaration of T. Randolph Catanese in Opposition to Defendants MIL No. 2)(Catanese, Thomas)
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Filing 97
Plaintiff Arroyo Escondido, LLC's Opposition re: MOTION IN LIMINE (1) to Exclude Testimony of Plaintiff's Expert Martin Cohen #82 filed by Plaintiff Arroyo Escondido, LLC. (Attachments: #1 Declaration of T. Randolph Catanese in Opposition to Defendants Motion in Limine No. 1, #2 Exhibit to Declaration of T. Randolph Catanese in Opposition to Defendants MIL No. 1)(Catanese, Thomas)
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Filing 96
OPPOSITION to MOTION IN LIMINE (4) to Exclude Any Hearsay Testimony by Chad Mahaffey or Julia Rossow #90 filed by Defendants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks, Counter Claimants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. (Scapa, Robert)
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Filing 95
OPPOSITION to MOTION IN LIMINE (3) to Exclude Expert Opinion Testimony by Emily Elek (Defense Designated Expert) #89 filed by Defendants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks, Counter Claimants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. (Scapa, Robert)
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Filing 94
OPPOSITION re: MOTION IN LIMINE (2) to Exclude Any Expert Opinion Testimony or Lay Testimony Absent Personal Knowledge by Jimmy Torano #88 filed by Defendants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks, Counter Claimants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. (Scapa, Robert)
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Filing 93
OPPOSITION to MOTION IN LIMINE (1) to Exclude Partial Defenses by Defendants and the Affirmative Claim of an Agister's Lien #87 filed by Defendants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks, Counter Claimants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. (Scapa, Robert)
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Filing 92
ORDER ON APPLICATION Plaintiff AND JOINT STIPULATION TO CONTINUE TRIAL AND RELATED PRETRIAL DATES #91 by Judge Otis D. Wright, II: Jury Trial : February 7, 2023 at 9:00 AM; Final Trial Exhibit Stipulation : February 2, 2023; Hearing on Motions in Limine : January 30, 2023 at 1:30 PM #82 ,[ 83], #84 , #85 , #86 , #87 , #88 , #89 , #90 . Final Pretrial Conference : January 18, 2023 at 2:30 PM. (lc)
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Filing 91
STIPULATION to Continue Trial from July 19, 2022 to November 2022 after November 7 or anytime after January 16, 2023 filed by Defendants/Counterclaimant Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. (Attachments: #1 Declaration of Robert B. Scapa in Support of Application and Joint Stipulation, #2 Declaration of Traci Brooks in Support of Application and Joint Stipulation, #3 Declaration of T. Randolph Catanese in Support of Application and Joint Stipulation, #4 Proposed Order on Application and Joint Stipulation to Continue Trial and Related Pretrial Dates)(Scapa, Robert)
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Filing 90
NOTICE OF MOTION AND MOTION IN LIMINE (4) to Exclude Any Hearsay Testimony by Chad Mahaffey or Julia Rossow filed by Plaintiff Arroyo Escondido, LLC. Motion set for hearing on 7/11/2022 at 02:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of T. Randolph Catanese in Support of Plaintiff's Motion in Limine No. 4, #2 Exhibit in Support of Plaintiff's Motion in Limine No. 4)(Catanese, Thomas)
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Filing 89
NOTICE OF MOTION AND MOTION IN LIMINE (3) to Exclude Expert Opinion Testimony by Emily Elek (Defense Designated Expert) filed by Plaintiff Arroyo Escondido, LLC. Motion set for hearing on 7/11/2022 at 02:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of T. Randolph Catanese in Support of Plaintiff's Motion in Limine No. 3, #2 Exhibit in Support of Plaintiff's Motion in Limine No. 3)(Catanese, Thomas)
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Filing 88
NOTICE OF MOTION AND MOTION IN LIMINE (2) to Exclude Any Expert Opinion Testimony or Lay Testimony Absent Personal Knowledge by Jimmy Torano filed by Plaintiff Arroyo Escondido, LLC. Motion set for hearing on 7/11/2022 at 02:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of T. Randolph Catanese in Support of Plaintiff's Motion in Limine No. 2, #2 Exhibit in Support of Plaintiff's Motion in Limine No. 2)(Catanese, Thomas)
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Filing 87
NOTICE OF MOTION AND MOTION IN LIMINE (1) to Exclude Partial Defenses by Defendants and the Affirmative Claim of an Agister's Lien filed by Plaintiff Arroyo Escondido, LLC. Motion set for hearing on 7/11/2022 at 02:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of T. Randolph Catanese in Support of Plaintiff's Motion in Limine No. 1, #2 Exhibit in Support of Plaintiff's Motion in Limine No. 1)(Catanese, Thomas)
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Filing 86
NOTICE OF MOTION AND MOTION IN LIMINE (5) to Exclude Testimony Concerning Pony "Tucker" filed by Defendants/Counterclaimant Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. Motion set for hearing on 7/11/2022 at 02:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Robert B. Scapa in Support of MIL 5)(Scapa, Robert)
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Filing 85
NOTICE OF MOTION AND MOTION IN LIMINE (4) for Evidence Non-Public Records of United States Equestrian Federation filed by Defendants/Counterclaimant Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. Motion set for hearing on 7/11/2022 at 02:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Robert B. Scapa in Support of MIL 4, #2 Exhibit In Support of MIL 4)(Scapa, Robert)
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Filing 84
NOTICE OF MOTION AND MOTION IN LIMINE (3) to Exclude Testimony of Party-Affiliated Witness Reid Cox filed by Defendants/Counterclaimant Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. Motion set for hearing on 7/11/2022 at 02:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Robert B. Scapa in Support of MIL 3, #2 Exhibit In Support of MIL 3)(Scapa, Robert)
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Filing 83
NOTICE OF MOTION AND MOTION IN LIMINE (2) to Exclude Testimony of Witness Carol Gleeson filed by Defendants/Counterclaimant Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. Motion set for hearing on 7/11/2022 at 02:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Robert B. Scapa in Support of MIL 2)(Scapa, Robert)
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Filing 82
NOTICE OF MOTION AND MOTION IN LIMINE (1) to Exclude Testimony of Plaintiff's Expert Martin Cohen filed by Defendants/Counterclaimant Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. Motion set for hearing on 7/11/2022 at 02:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration Dec. of Robert B. Scapa MIL 1, #2 Exhibit Exhibits in Support of MIL 1)(Scapa, Robert)
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Filing 81
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court hereby ORDERS the listed dates and deadlines in this action are CONTINUED as follows: Jury Trial: July 19, 2022, at 9:00 a.m.; Final Trial Exhibit Stipulation: July 14, 2022; Hearing on Motions in Limine: July 11, 2022, at 2:30 p.m.; and Final Pretrial Conference: July 11, 2022 at 2:30 p.m. All other dates and deadlines including the deadline to file Motions in Limine and Oppositions remain as set. (lc)
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Filing 80
AMENDED MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants/Counter-Claimant Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. (Scapa, Robert)
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Filing 79
ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT #50 AND GRANTINGDEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT #49 by Judge Otis D. Wright, II . (lc) Modified on 8/19/2021 (lc).
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Filing 78
RESPONSE filed by Plaintiff Arroyo Escondido, LLCto Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #77 (Catanese, Thomas)
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Filing 77
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The parties are ORDERED to SHOW CAUSE, in writing only, by August 18, 2021, why this action should not be dismissed for lack of subject matter jurisdiction. Failure to timely respond to this order will be construed as a concession that the Court lacks diversity jurisdiction and shall result in dismissal of the case without prejudice,without further warning. (lc)
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Filing 76
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Per General Order No. 21-07 providing that jury trials will be permitted to resume beginning June 7, 2021 and re COVID-19 safety protocols, a limited number of jury trials will be permitted to proceed at one time. Accordingly, the Court hereby ORDERS the listed dates and deadlines in this action are CONTINUED as follows: Final Pretrial Conference: 4/18/2022 01:30 PM; Deadline to file Motions in Limine: 4/18/22; Motion in Limine set for hearing on 5/2/2022 at 01:30 PM ; Jury Trial: 5/10/2022 09:00 AM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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Filing 75
PROPOSED JURY VERDICT filed by Plaintiff (for Defendants) Arroyo Escondido, LLC. (Catanese, Thomas)
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Filing 74
PROPOSED JURY INSTRUCTIONS filed by Plaintiff Arroyo Escondido, LLC.. (Catanese, Thomas)
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Filing 73
PROPOSED JURY INSTRUCTIONS filed by Plaintiff (for Defendants) Arroyo Escondido, LLC.. (Catanese, Thomas)
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Filing 72
PROPOSED JURY INSTRUCTIONS filed by Plaintiff Arroyo Escondido, LLC.. (Catanese, Thomas)
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Filing 71
PROPOSED JURY VERDICT filed by Plaintiff Arroyo Escondido, LLC. (Catanese, Thomas)
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Filing 70
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Trial Brief #67 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Incorrect event selected. Correct event to be used is: SEE BELOW UNDER OTHER. PDF document is the proposed PTC order. Incorrect event and Procedure. Other error(s) with document(s): As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging Pretrial Conference order, to which the formal proposed PTC order is submitted as Separate Attachment thereto. NOTE: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) Modified on 5/3/2021 (lc).
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Filing 69
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff (for Defendants') Arroyo Escondido, LLC. (Catanese, Thomas)
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Filing 68
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Trial Brief #66 , Trial Brief #64 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Statement re NO. 64 ; and Status Report re NO.66. Other error(s) with document(s): Both documents are NOT Trial Briefs. Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc)
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Filing 67
TRIAL BRIEF Re: [Proposed] Final PreTrial Conference Order filed by Plaintiff Arroyo Escondido, LLC.. (Catanese, Thomas)
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Filing 66
TRIAL BRIEF Re: Joint Status Report Regarding Settlement filed by Plaintiff Arroyo Escondido, LLC.. (Catanese, Thomas)
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Filing 65
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Arroyo Escondido, LLC. (Catanese, Thomas)
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Filing 64
TRIAL BRIEF Re: Joint Statement of the Case filed by Plaintiff Arroyo Escondido, LLC.. (Catanese, Thomas)
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Filing 63
Proposed Voir Dire Questions filed by Plaintiff (on behalf of Defendant) Arroyo Escondido, LLC.. (Catanese, Thomas)
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Filing 62
Proposed Voir Dire Questions filed by Plaintiff Arroyo Escondido, LLC.. (Catanese, Thomas)
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Filing 61
Witness List filed by Plaintiff Arroyo Escondido, LLC.. (Catanese, Thomas)
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Filing 60
Joint Exhibit List and PreTrial Exhibit Stipulation filed by Plaintiff Arroyo Escondido, LLC.. (Catanese, Thomas)
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Filing 59
The hearing on the MOTION for Reconsideration #37 , scheduled for April 19, 2021 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 58
The hearing on the MOTION for Partial Summary Judgment [49;50], scheduled for April 19, 2021 at 1:30 P.M., are hereby VACATED and taken off calendar. No appearances are necessary. The matters stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 57
REPLY in further support of Plaintiff's Motion for Partial Summary Judgment NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts II, III, IV, V, VII #50 filed by Plaintiff Arroyo Escondido, LLC. (Attachments: #1 Memorandum Plaintiff's Notice of Reply Brief in Further Support of Plaintiff's Motion for Partial Summary Judgment, #2 Memorandum Plaintiff's Statement of Genuine Disputes of Material Fact in Further Support of Plaintiff's Motion for Partial Summary Judgment, #3 Declaration of T. Randolph Catanese in Further Support of Plaintiff's Motion for Partial Summary Judgment, #4 Memorandum Plaintiff's Objection to Evidnece Cited in Defendants' Statement of Uncontroverted Facts)(Hume, Douglas)
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Filing 56
REPLY in support NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to 1st, 6th, 7th Causes of Action #48 filed by Defendants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks, Counter Claimants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. (Scapa, Robert)
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Filing 55
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to 1st, 6th, 7th Causes of Action #48 filed by Plaintiff Arroyo Escondido, LLC. (Attachments: #1 Memorandum Notice of Opposition, #2 Declaration of T. Randolph Catanese in Support of Opposition, #3 Memorandum Statement of Genuine Disputes of Material Fact, #4 Memorandum Objection to Evidence Cited in Defendants' Statement of Uncontroverted Facts)(Hume, Douglas)
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Filing 54
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts II, III, IV, V, VII #50 filed by Defendants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks, Counter Claimants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. (Attachments: #1 Defendant's Statement of Genuine Issues of Material Fact, #2 Declaration of Robert Scapa, #3 Declaration of Traci Brooks, #4 Defendants' Request for Evidentiary Ruling on Objections, #5 Defendants' Deposition Excerpts in Support of Opposition)(Scapa, Robert)
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Filing 53
NOTICE OF ERRATA RE DEFENDANTS' STATEMENT OF UNCONTROVERTED FACTS re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to 1st, 6th, 7th Causes of Action #48 filed by Defendants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks, Counter Claimants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. (Scapa, Robert)
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Filing 52
DECLARATION of T. Randolph Catanese, Esq. Notice of Errata re Page Numbering on Declaration NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts II, III, IV, V, VII #50 filed by Plaintiff Arroyo Escondido, LLC. (Hume, Douglas)
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Filing 50
NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts II, III, IV, V, VII filed by Plaintiff Arroyo Escondido, LLC. Motion set for hearing on 4/19/2021 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Statement of Uncontroverted Facts, #3 Declaration Declaration of Cristi Payan, #4 Declaration Declaration of T. Randolph Catanese, #5 Exhibit Deposition Excerpts, #6 Proposed Order Proposed Order) (Hume, Douglas)
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Filing 49
Corrected NOTICE OF MOTION AND MOTION to Correct NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to 1st, 6th, 7th Causes of Action #48 Add Table of Contents for Exhibits/Evidence filed by Defendants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. Motion set for hearing on 4/19/2021 at 01:30 PM before Judge Otis D. Wright II. (Scapa, Robert)
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Filing 48
NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to 1st, 6th, 7th Causes of Action filed by Defendants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. Motion set for hearing on 4/19/2021 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Notice of Motion, #2 Statement of Uncontroverted Facts and Conclusions of Law, #3 Declaration of Scapa with Exhibits, #4 Attachment to Dec. of Scapa - deposition excerpts, #5 Declaration Dec. of Traci Brooks, #6 Proposed Order Proposed Order) (Scapa, Robert)
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Filing 47
MINUTES (In Chambers): by Judge Otis D. Wright, II. Having considered the parties' Application to Continue Trial and Pre-Trial Dates, the Court DENIES the parties' request. (ECF No. #46 .) (lom)
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Filing 46
First APPLICATION to Continue Trial and Pre-Trial Dates from 6/8/2021 to 4/1/2022 filed by Plaintiff Arroyo Escondido, LLC. Application set for hearing on 3/15/2021 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order Proposed Order on Application and Joint Stipulation to Continue Trial & Related Pre-Trial Dates) (Hume, Douglas)
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Filing 51
MINUTES OF Settlement Conference held before Magistrate Judge Douglas F. McCormick: Pursuant to Local Rule 16-14, the parties met this date for a mandatory settlement conference. The patties were unable to reach an agreement. The parties are encouraged to continue their settlement discussions. Should there be a need for additional court assistance, the parties may contact the Courtroom Deputy Clerk to schedule a further settlement conference Court Reporter: Not Present. (es)
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Filing 45
MINUTES (IN CHAMBERS) Order re Motion to Overrule Objections and Compel Amended and Supplemental Responses (Dkt. 40) by Magistrate Judge Douglas F. McCormick: For the reasons stated below, the Motion is granted in part and denied in part. [see document for details.] (es)
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Filing 44
MINUTES OF MOTION to Overule Objections and Compel Amended and Supplemental Responses #40 Motion Hearing held before Magistrate Judge Douglas F. McCormick. Cause called and counsel make their appearances. Counsel argue motion. Court takes matter under submission. Court Reporter: AT and T Digital Recording. (et)
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Filing 43
ORDER SETTING SETTLEMENT CONFERENCE by Magistrate Judge Douglas F. McCormick. A Settlement Conference will be held by video on February 24, 2021, at 8:30 a.m. At least five (5) court days before the Settlement Conference, each party shall submit a Settlement Conference Statement to the Magistrate Judge. [see document for details.] (es)
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Filing 42
MINUTES (IN CHAMBERS) Order re: Motion to Compel Inspection (Dkt. 38) and Scheduling Settlement Conference by Magistrate Judge Douglas F. McCormick: I find that oral argument is not necessary to resolve this dispute. See Local Rule 7-15. The hearing scheduled for February 16, 2021, is accordingly VACATED. Plaintiff's motion to compel inspection is therefore DENIED. One more matter warrants discussion. Based on the parties' selection, Judge Wright ordered the parties to conduct a settlement conference with me in this matter. See Dkt. 30. Yet nearly 11 months after that order I have not been contacted to schedule a settlement conference. If the parties have not already conducted some other ADR procedure, the parties are ORDERED to (1) contact my Courtroom Deputy and obtain available dates for a settlement conference on the Court's video-conference platform and (2) schedule such a settlement conference within fourteen (14) days of the date of this order. [see document for details.] (es)
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Filing 41
JOINT STIPULATION to MOTION to Compel Answers to Interrogatories of Balmoral Farm, Inc., Traci Brooks, and Carleton Brooks #40 filed by Plaintiff Arroyo Escondido, LLC. (Hume, Douglas)
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Filing 40
NOTICE OF MOTION AND MOTION to Compel Answers to Interrogatories of Balmoral Farm, Inc., Traci Brooks, and Carleton Brooks filed by Plaintiff Arroyo Escondido, LLC. Motion set for hearing on 2/16/2021 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Hume, Douglas)
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Filing 39
JOINT STIPULATION to MOTION for Inspection of subject pony #38 filed by Plaintiff Arroyo Escondido, LLC. (Hume, Douglas)
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Filing 38
NOTICE OF MOTION AND MOTION for Inspection of subject pony filed by Plaintiff Arroyo Escondido, LLC. Motion set for hearing on 2/16/2021 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Hume, Douglas)
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Filing 37
Joint STIPULATION for Extension of Time to File Designations of Expert and Rebuttal Trial Witnesses and Disclose Expert Reports filed by Plaintiff Arroyo Escondido, LLC. (Attachments: #1 Proposed Order Proposed Order to Application on Joint Stipulation)(Hume, Douglas)
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Filing 36
NOTICE of Unavailability of Counsel filed by Defendants/Counterclaimant Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. (Scapa, Robert)
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Filing 35
MINUTES (IN CHAMBERS) Order re: Discovery Dispute (Dkt. 32) by Magistrate Judge Douglas F. McCormick: Plaintiff's motion is accordingly GRANTED. Defendant shall make Neon Moon available for inspection by Plaintiff's examining veterinarian within twenty-one (21) days of the date of this Order. Inspection should occur at Defendant's premises where Neon Moon is currently boarded. (See order for details.) (es)
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Filing 34
MEMORANDUM in Support of MOTION for Hearing Discovery Motion with Joint Stipulation #31 filed by Plaintiff Arroyo Escondido, LLC. (Hume, Douglas)
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Filing 33
MEMORANDUM in Opposition to MOTION for Hearing Discovery Motion with Joint Stipulation #31 Supplemental Memorandum of Law L.R. 37-2.3 filed by Defendants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks, Counter Claimants Balmoral Farm, Inc., Carleton Brooks, Traci Brooks. (Scapa, Robert)
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Filing 32
JOINT STIPULATION to MOTION for Hearing Discovery Motion with Joint Stipulation #31 filed by Plaintiff Arroyo Escondido, LLC. (Hume, Douglas)
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Filing 31
NOTICE OF MOTION AND MOTION for Hearing Discovery Motion with Joint Stipulation filed by Plaintiff Arroyo Escondido, LLC. Motion set for hearing on 5/5/2020 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Hume, Douglas)
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Filing 30
ORDER/REFERRAL to ADR Procedure No 1 by Judge Otis D. Wright, II. Case ordered to Magistrate Judge Douglas F. McCormick for Settlement Conference. (lc)
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Filing 29
SCHEDULING AND CASE MANAGEMENT ORDER (JURY TRIAL) by Judge Otis D. Wright, II. This Order is to advise the parties and counsel of the schedule that will govern this case. THE SCHEDULING CONFERENCE IS VACATED. Schedule of Trial and Pretrial Dates: Jury Trial : 6/8/21 9:00 AM; Hearing on Motions in Limine 5/24/21 1:30 PM; Final Pretrial Conference 5/20/21 1:30 PM. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES. (lc)
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Filing 28
JOINT REPORT Rule 26(f) Discovery Plan JOINT SCHEDULING CONFERENCE STATEMENT ; estimated length of trial 6 days, filed by Plaintiff Arroyo Escondido, LLC.. (Hume, Douglas)
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Filing 27
ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #22 filed by Counter-Defendant Arroyo Escondido, LLC.(Hume, Douglas)
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Filing 26
ORDER that the Scheduling Conference is set for 3/23/20 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc)
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Filing 25
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #23 (no link to party filer). The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice: Certificate/Notice of Interested Parties. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc)
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Filing 24
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE COUNTERCLAIM PORTION ONLY #22 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Other error(s) with document(s): FRCP 10 requires complete identifying caption of named parties. Missing on this counterclaim. The filer has added mutltiple Counterclaimants on case docket and docket entry as: Balmoral Farm, Inc., Traci Brooks, Carleton Brooks, HOWEVER, body text ONLY names Balmoral Farm, Inc. as the only Counterclaimant. 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. (lc)
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Filing 23
Certification and Notice of Interested Parties (Scapa, Robert)
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Filing 22
ANSWER to Complaint (Attorney Civil Case Opening) #1 Affirmative Defenses, COUNTERCLAIM against Arroyo Escondido, LLC filed by Defendants/Counterclaimant Balmoral Farm, Inc., Traci Brooks, Carleton Brooks.(Attorney Robert B Scapa added to party Balmoral Farm, Inc.(pty:dft), Attorney Robert B Scapa added to party Carleton Brooks(pty:dft), Attorney Robert B Scapa added to party Traci Brooks(pty:dft))(Scapa, Robert)
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Filing 21
NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Arroyo Escondido, LLC, upon Defendant Traci Brooks acknowledgment sent by Plaintiff on 11/18/2019, answer due 12/9/2019. Acknowledgment of Service signed by Robert B. Scapa, Attorney. (Hume, Douglas)
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Filing 20
NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Arroyo Escondido, LLC, upon Defendant Carleton Brooks acknowledgment sent by Plaintiff on 11/18/2019, answer due 12/9/2019. Acknowledgment of Service signed by Robert B. Scapa, Attorney. (Hume, Douglas)
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Filing 19
NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Arroyo Escondido, LLC, upon Defendant Balmoral Farm, Inc. acknowledgment sent by Plaintiff on 11/18/2019, answer due 12/9/2019. Acknowledgment of Service signed by Robert B. Scapa, Attorney. (Hume, Douglas)
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Filing 18
Notice of Appearance or Withdrawal of Counsel: for attorney David Yuji Yoshida counsel for Plaintiff Arroyo Escondido, LLC. David Yuji Yoshida is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff's Counsel David Yuji Yoshida. (Yoshida, David)
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Filing 17
ORDER DENYING PLAINTIFFS REQUEST FOR A TEMPORARY RESTRAINING ORDER #16 by Judge Otis D. Wright, II. (lc). Modified on 11/19/2019 (lc).
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Filing 16
First APPLICATION for Temporary Restraining Order as to All Defendants Balmoral, Carleton Brooks, and Traci Brooks filed by Plaintiff Arroyo Escondido, LLC. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of TRO, #2 Proposed Order Proposed TRO, #3 Declaration Declaration of Dr. Cristi Payan, #4 Exhibit Exhibit A to Decl. of Dr. Cristi Payan, #5 Exhibit Exhibit B to Decl. of Dr. Cristi Payan, #6 Declaration Declaration of David Y. Yoshida, #7 Exhibit Exhibit A to Decl. of David Y. Yoshida, #8 Exhibit Exhibit B to Decl. of David Y. Yoshida, #9 Exhibit Exhibit C to Decl. of David Y. Yoshida) (Yoshida, David)
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Filing 15
Notice of Appearance or Withdrawal of Counsel: for attorney David Yuji Yoshida counsel for Plaintiff Arroyo Escondido, LLC. Adding David Yuji Yoshida as counsel of record for Arroyo Escondido, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Arroyo Escondido, LLC. (Yoshida, David)
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Filing 14
Notice of Appearance or Withdrawal of Counsel: for attorney Douglas R Hume counsel for Plaintiff Arroyo Escondido, LLC. David Yuji Yoshida is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Catanese & Wells. (Hume, Douglas)
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Filing 13
NOTICE OF CLERICAL ERROR: Due to clerical error Re: Minutes of In Chambers Order/Directive - no proceeding held 11 : Due to systematic problems, CM would not accept pdf image of minutes to docket no.11, therefore no pdfnor Notice of electronic filing was issued. Clerk was advised to redocket minutes, now on docket as docketentry no. 12. (lc)
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Filing 12
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECI FIC FILING REQUIREMENTS AND INFORMATION. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENT S will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc)
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Filing 11
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents (lc)
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Filing 10
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Traci Brooks. (ghap)
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Filing 9
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Carleton Brooks. (ghap)
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Filing 8
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Balmoral Farm, Inc. (ghap)
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Filing 7
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
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Filing 6
NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Douglas F. McCormick. (ghap)
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Filing 5
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Arroyo Escondido, LLC. (Hume, Douglas)
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Filing 4
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Arroyo Escondido, LLC. (Hume, Douglas)
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Filing 3
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Arroyo Escondido, LLC. (Hume, Douglas)
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Filing 2
CIVIL COVER SHEET filed by Plaintiff Arroyo Escondido, LLC. (Hume, Douglas)
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Filing 1
COMPLAINT Receipt No: 0973-24533246 - Fee: $400, filed by Plaintiff Arroyo Escondido, LLC. (Attorney Douglas R Hume added to party Arroyo Escondido, LLC(pty:pla))(Hume, Douglas)
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