Daniel Fishbaugh v. Art Bulgadarian et al
| Daniel Fishbaugh |
| Bellows Manufacturing and Research, Inc., Art Bulgadarian and Alverd Bulgadarian |
| Alvard Bulgadarian and Arteom Bulgardarian |
| Romit Russota and Ronit Russota |
| 2:2020cv01135 |
| February 4, 2020 |
| US District Court for the Central District of California |
| John W Holcomb |
| Rozella A Oliver |
| Patrick J Walsh |
| Copyright |
| 17 U.S.C. § 101 |
| Both |
Docket Report
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This docket was last retrieved on October 8, 2021. A more recent docket listing may be available from PACER.
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| Filing 121 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss COUNTERCLAIMS #111 filed by Plaintiff Daniel Fishbaugh, Counter Defendant Romit Russota. (Attachments: #1 Declaration of Kevin M. Pasquinelli)(Pasquinelli, Kevin) |
| Filing 120 SECOND AMENDED COMPLAINT against Defendants Bellows Manufacturing and Research, Inc., Alvard Bulgadarian, Art Bulgadarian amending Amended Complaint/Petition, #8 , filed by Plaintiff Romit Russota, Daniel Fishbaugh(Pasquinelli, Kevin) |
Filing 119
ORDER GRANTING JOINTSTIPULATION TO FILESECOND AMENDEDCOMPLAINT by Judge John W. Holcomb #118 . IT IS HEREBY ORDERED that Plaintiff, Mr. Fishbaugh is granted leave to amend to file his Second Amended Complaint, a copy of which is attached hereto as Exhibit A. Plaintiff is DIRECTED to file the Second Amended Complaint no later than October 13, 2021. (yl)
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| Filing 118 Joint STIPULATION for Order for Plaintiff to File Second Amended Complaint filed by Plaintiff Daniel Fishbaugh, Romit Russota. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Proposed Order)(Pasquinelli, Kevin) |
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Filing 117
ORDER GRANTING STIPULATION FOR MODIFICATION TO SCHEDULING ORDER by Judge John W. Holcomb. Fact Discovery Cut off is September 3, 2021. Pretrial Conference is January 14, 2022, at 11:00 a.m., Jury Trial January 31, 2022, at 9:00 a.m. (See document for further details) (yl)
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| Filing 116 Joint STIPULATION for Order MODIFICATION TO SCHEDULING ORDER filed by Plaintiff Daniel Fishbaugh, Romit Russota. (Attachments: #1 Proposed Order)(Pasquinelli, Kevin) |
| Filing 115 OPPOSITION MOTION TO DISMISS COUNTER CLAIMS re: NOTICE OF MOTION AND MOTION to Dismiss COUNTERCLAIMS #111 OPPOSITION filed by Counter Claimants Bellows Manufacturing and Research, Inc., Alvard Bulgadarian, Art Bulgadarian, Arteom Bulgardarian, Arteom Bulgardarian, Defendants Bellows Manufacturing and Research, Inc., Alvard Bulgadarian, Art Bulgadarian. (Attorney Hovanes Margarian added to party Alvard Bulgadarian(pty:cc))(Margarian, Hovanes) |
| Filing 114 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) - optional html form,, #113 by Deputy Clerk of Court. The document is ACCEPTED as filed. In view of the Court's Motion Calendar being closed on Friday, October 8, 2021, the Court hereby CONTINUES Plaintiffs' Motion to Dismiss [ECF No. 11] from October 8, 2021 to October 22, 2021, at 9:00 a.m. Counsel is reminded to refer to the "Closed Motion Dates", located on Judge Holcomb's Procedures and Schedules page on the Court's website, prior to filing a motion. (iva) |
| Filing 113 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss COUNTERCLAIMS #111 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (yl) |
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Filing 112
ORDER GRANTING JOINT STIPULATION FOR MODIFICATION TO SCHEDULING ORDER by Judge John W. Holcomb #110 The Court having read the parties joint stipulation does hereby GRANT same. The deadline for the parties to exchange initial expert disclosures is extended from Friday, September 10, 2021, until Friday, September 17, 2021. IT IS SO ORDERED. (yl)
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| Filing 111 NOTICE OF MOTION AND MOTION to Dismiss COUNTERCLAIMS filed by Plaintiff Daniel Fishbaugh, Romit Russota. Motion set for hearing on 10/8/2021 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Declaration of Kevin M. Pasquinelli, #2 Proposed Order) (Pasquinelli, Kevin) |
| Filing 110 Joint STIPULATION for Order Modification to Scheduling Order filed by Plaintiff Daniel Fishbaugh, Romit Russota. (Attachments: #1 Proposed Order)(Pasquinelli, Kevin) |
| Filing 109 Third Amended ANSWER to Answer to Counterclaim, #69 , COUNTERCLAIM against Daniel Fishbaugh(a natural person) filed by Defendant Art Bulgadarian.(Margarian, Hovanes) |
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Filing 108
ORDER by Judge John W. Holcomb, Granting Stipulation to Authorize the Filing of a Third Amended Answer and Counterclaims by Defendants on or before 8/20/21 #107 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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| Filing 107 STIPULATION for Leave to file Third Amended Answer filed by Defendant Art Bulgadarian. (Attachments: #1 Proposed Order)(Margarian, Hovanes) |
| Filing 106 AMENDED ANSWER and Second Amended Counterclaim to Amended Complaint/Petition, #8 filed by Defendant Art Bulgadarian. (Margarian, Hovanes) |
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Filing 105
ORDER ON MOTION OF PLAINTIFF AND COUNTERDEFENDANT DANIEL FISHBAUGH TO DISMISS COUNTERCLAIM AND TO STRIKE AFFIRMATIVE DEFENSES #70 by Judge John W. Holcomb. Claims I and III in BMR's Counterclaim are DISMISSED without leave to amend. Claims IV, V, VI, VII, and VIII in BMR's Counterclaim are DISMISSED with leave to amend. Fishbaugh's request to dismiss Claim II in BMR's Counterclaim is DENIED. BMR's affirmative defenses 1, 5, 7, 10, 11, 13, 17, 19, 35, and 36 are STRICKEN with leave to amend. BMR's affirmative defenses 8 and 43 are STRICKEN without leave to amend. Fishbaugh's request to strike the remaining affirmative defenses is DENIED. BMR is DIRECTED to amend its Answer and Counterclaim on or before July 22, 2021. (iv)
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| Filing 104 Notice of Appearance or Withdrawal of Counsel: for attorney Neil C Evans counsel for Counter Claimants Bellows Manufacturing and Research, Inc., Alvard Bulgadarian, Arteom Bulgardarian, Arteom Bulgardarian, Defendants Bellows Manufacturing and Research, Inc., Alvard Bulgadarian, Art Bulgadarian. Adding Neil C. Evans as counsel of record for Art Bulgadarian, Alvard Bulgadarian, Bellows Manufacturing & Research, Inc for the reason indicated in the G-123 Notice. Filed by Defendants Art Bulgadarian, Alvard Bulgadarian, and Bellows Manufacturing & Research, Inc.. (Attorney Neil C Evans added to party Bellows Manufacturing and Research, Inc.(pty:cc), Attorney Neil C Evans added to party Bellows Manufacturing and Research, Inc.(pty:dft), Attorney Neil C Evans added to party Alvard Bulgadarian(pty:dft), Attorney Neil C Evans added to party Alvard Bulgadarian(pty:cc), Attorney Neil C Evans added to party Art Bulgadarian(pty:dft), Attorney Neil C Evans added to party Arteom Bulgardarian(pty:cc), Attorney Neil C Evans added to party Arteom Bulgardarian(pty:cc))(Evans, Neil) |
| Filing 103 DECLARATION of Hovanes Margarian re Order on Motion to Compel,,, #97 In Response to The Courts Order Compelling Production Of Documents filed by Defendant Art Bulgadarian. (Margarian, Hovanes) |
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Filing 102
ORDER GRANTING JOINT STIPULATION FOR REVISED SCHEDULING ORDER #101 by Judge John W. Holcomb. The Court, having read the parties joint stipulation, does hereby GRANT same, in part. The Court hereby sets the following schedule for the case: Pretrial Conference is continued to 1/14/20200 at 11:00 a.m.; the Jury trial is continued to 1/31/2022 at 9:00 a.m. (See document for further details) (yl)
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| Filing 101 Joint STIPULATION for Order re Proposed Revised Scheduling Order filed by Plaintiff Daniel Fishbaugh, Romit Russota. (Attachments: #1 Proposed Order)(Pasquinelli, Kevin) |
| Filing 100 NOTICE OF FILING TRANSCRIPT filed for proceedings 3/3/21 & 4/27/21 re Transcript #99 , #98 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY |
| Filing 99 TRANSCRIPT for proceedings held on 4/27/21. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/21/2021. Redacted Transcript Deadline set for 6/1/2021. Release of Transcript Restriction set for 7/29/2021. (ha) |
| Filing 98 TRANSCRIPT for proceedings held on 3/3/21. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/21/2021. Redacted Transcript Deadline set for 6/1/2021. Release of Transcript Restriction set for 7/29/2021. (ha) |
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Filing 97
ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS #90 *NOTE: CHANGES HAVE BEEN MADE TO THIS DOCUMENT* by Magistrate Judge Rozella A. Oliver. On April 27, 2021, the Court held a hearing on the Motion and thereafter directed Plaintiff to file a "proposed order consistent with the Court's directions" as discussed during the conference. Dkt. No. 95. The Court now issues this order GRANTING in part and DENYING in part Plaintiff's Motion. Plaintiff seeks monetary sanctions in the amount of $28,638 pursuant to Fed. R. Civ. P. 37(a) and (b), which constitutes their reasonable attorney's fees as set forth in Mr. Pasquinelli's supporting declaration. That request is taken under submission at this time. (see document for further details) (hr)
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| Filing 96 TRANSCRIPT ORDER as to Defendant Art Bulgadarian for Court Smart (CS). Court will contact Anna Muradyan at legal@margarianlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Margarian, Hovanes) |
| Filing 95 MINUTES OF APRIL 27, 2021 TELEPHONIC HEARING ON PLAINTIFF'S MOTION TO COMPEL #90 held before Magistrate Judge Rozella A. Oliver. The Court orders as follows: Plaintiff will file a proposed order consistent with the Court's directions no later than 5:00 p.m., Thursday April 29, 2021. Plaintiff will also email a copy of the proposed order in Word to chambers. Thereafter, the Court will issue further orders as appropriate. Court Recorder: AT&T System. (dml) |
| Filing 94 DECLARATION of Hovanes Margarian re Minutes of In Chambers Order/Directive - no proceeding held,, #89 filed by Defendant Art Bulgadarian. (Margarian, Hovanes) |
| Filing 93 Opposition TO PLAINTIFFS MOTION TO COMPEL PRODUCTION OF DOCUMENTS re: MOTION to Compel and Joint Stipulation Regarding Production of Documents in Compliance Wtih This Court's March 3, 2021 Discovery Order (Dkt. 85) #90 , MOTION to Supplement Motion to Compel Production and For Evidentiary Sanctions re MOTION to Compel and Joint Stipulation Regarding Production of Documents in Compliance Wtih This Court's March 3, 2021 Discovery Order (Dkt. 85) #90 #92 filed by Defendant Art Bulgadarian. (Margarian, Hovanes) |
| Filing 92 NOTICE OF MOTION AND MOTION to Supplement Motion to Compel Production and For Evidentiary Sanctions re MOTION to Compel and Joint Stipulation Regarding Production of Documents in Compliance Wtih This Court's March 3, 2021 Discovery Order (Dkt. 85) #90 filed by Plaintiff Daniel Fishbaugh. Motion set for hearing on 4/27/2021 at 10:00 AM before Magistrate Judge Rozella A. Oliver. (Pasquinelli, Kevin) |
| Filing 91 SCHEDULING NOTICE by Magistrate Judge Rozella A. Oliver re: MOTION to Compel and Joint Stipulation Regarding Production of Documents #90 previously scheduled for 4/28/2021 at 10:00 AM has been rescheduled. Motion is now set for telephonic hearing on 4/27/2021 at 10:00 AM before Magistrate Judge Rozella A. Oliver. Call-in information provided via email.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dml) TEXT ONLY ENTRY |
| Filing 90 NOTICE OF MOTION AND MOTION to Compel and Joint Stipulation Regarding Production of Documents in Compliance Wtih This Court's March 3, 2021 Discovery Order (Dkt. 85) filed by Plaintiff Daniel Fishbaugh, Romit Russota. Motion set for hearing on 4/28/2021 at 10:00 AM before Magistrate Judge Rozella A. Oliver. (Attachments: #1 Joint Stipulation Regarding Plaintiff's Motion to Compel Production of Documents in Compliance With This Courts March 3, 2021 Discovery Order, #2 Declaration of Kevin M. Pasquinelli in Support of Joint Stipulation Regarding Plaintiff's Motion to Compel Production of Documents in Compliance With This Court's March 3, 2021 Discovery Order, #3 Exhibits 1 - 18 to the Declaration of Kevin M. Pasquinelli in Support of Joint Stipulation Regarding Plaintiff's Motion to Compel Production of Documents in Compliance With This Court's March 3, 2021 Discovery Order)(Pasquinelli, Kevin) |
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Filing 89
MINUTE ORDER (IN CHAMBERS) RE: SANCTIONS by Magistrate Judge Rozella A. Oliver. The Court ORDERS Defendants to produce verified responses to Plaintiff's outstanding discovery requests. If Defendants represent that they have no documents in their possession or control that are responsive to the requests, they are ordered to file a declaration to that effect. Additionally, Defendants are ORDERED to pay sanctions in the amount of $50.00 per day, payable to the Clerk of Court, from March 13, 2021 until production is completed. Payment shall be completed no later than 60 days after production. See Order for details. (dml)
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Filing 88
ORDER GRANTING JOINT STIPULATION FOR REVISED SCHEDULING ORDER #87 by Judge John W. Holcomb. The Court having read the parties' joint stipulation does hereby GRANT same. The Court set the following schedule for the case. See order for new dates, deadlines and hearings. (lom) Modified on 3/23/2021 (lom).
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| Filing 87 Third STIPULATION to Extend Discovery Cut-Off Date to May 3, 2021 filed by Plaintiff Daniel Fishbaugh. (Attachments: #1 Proposed Order)(Pasquinelli, Kevin) |
| Filing 86 DECLARATION of Kevin Pasquinelli re Discovery Hearing,,, Order on Application for Order re Discovery Matter,, #85 Declaration re Insufficient Production filed by Plaintiff Daniel Fishbaugh. (Attachments: #1 Exhibit Request for conference, #2 Exhibit Order of the Court, #3 Exhibit Communications re insufficient discovery, #4 Exhibit Communications re insufficient discovery)(Pasquinelli, Kevin) |
| Filing 85 MINUTES OF INFORMAL TELEPHONIC DISCOVERY CONFERENCE held before Magistrate Judge Rozella A. Oliver: An informal telephonic conference was held regarding discovery issues raised by Plaintiff in emails to the Court dated February 15 and 24, 2021. As stated on the record and as indicated herein, the Court now orders Defendants to produce documents and responses requested by Plaintiff. The Court ORDERS Defendants to produce verified responses to Plaintiff's outstanding discovery requests no later than March 12, 2021. In addition, the Court ORDERS the parties to schedule their outstanding depositions for the period beginning March 22 and ending March 31, 2021. SEE ORDER FOR COMPLETE DETAILS. Court Recorder: AT&T System. (dml) |
| Filing 84 MOTION RE: INFORMAL DISCOVERY DISPUTE. The parties have requested an informal discovery conference with Magistrate Judge Rozella A. Oliver. Informal discovery conference is scheduled for March 3, 2021 at 1:30 p.m. Call-in information to be provide to the parties via email. (dml) |
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Filing 83
ORDER GRANTING JOINT STIPULATION FOR REVISED SCHEDULING ORDER by Judge John W. Holcomb #82 . The Court having read the parties joint stipulation does hereby GRANT same. The Court sets the following schedule for the case. The pretrial conference is 9/3/21 at 11:00 a.m.;motion in limine; the jury trial is 9/20/21 at 9:00 a.m. (See document for further details) (yl)
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| Filing 82 Joint STIPULATION for Order re: Revised Scheduling Order filed by Plaintiff Daniel Fishbaugh, Romit Russota. (Attachments: #1 Proposed Order)(Pasquinelli, Kevin) |
| Filing 81 MINUTES OF VIDEO HEARING RE: MOTION TO DISMISS COUNTER CLAIMS AND TO STRIKE AFFIRMATIVE DEFENSES [ECF NO. #70 ] held before Judge John W. Holcomb: For the reasons stated in open court, the Court encourages the parties to file a stipulation proposing a new case schedule, if an extension is needed. If the parties wish to participate in a settlement conference before the Magistrate Judge, they may contact the Courtroom Deputy Clerk by email (See document for further details) Court Reporter: Miriam Baird. (yl) |
| Filing 80 Notice of Withdrawal of Motion to Compel,, #74 filed by Plaintiff Daniel Fishbaugh, Romit Russota. (Pasquinelli, Kevin) |
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Filing 79
CIVIL TRIAL SCHEDULING ORDER by Judge John W. Holcomb. (REFER TO ORDER FOR DETAILS) (iva)
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| Filing 78 NOTICE of Appearance filed by attorney Hovanes Margarian on behalf of Defendants Bellows Manufacturing and Research, Inc., Alvard Bulgadarian, Art Bulgadarian (Margarian, Hovanes) |
| Filing 77 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 to 7 days, filed by Plaintiff Daniel Fishbaugh, Counter Defendant Romit Russota.. (Pasquinelli, Kevin) |
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Filing 76
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The hearing on Plaintiffs' Motion to Dismiss Counter Claims and to Strike Affirmative Defenses (Dkt. #70 ), is ordered CONTINUED from December 18, 2020 to January 8, 2021, at 9:00 a.m., via video conference. The Court also advances the Scheduling Conference set on January 8, 2021 from 11:00 a.m. to 9:00 a.m. The Courtroom Deputy Clerk shall provide counsel with video conference instructions prior to the scheduled hearing. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 75 REPLY IN SUPPORT OF MOTION - NOTICE OF MOTION AND MOTION to Dismiss Counter Claims and to Strike Affirmative Defenses #70 filed by Plaintiff Daniel Fishbaugh, Counter Defendant Romit Russota. (Pasquinelli, Kevin) |
| Filing 74 NOTICE OF MOTION AND MOTION to Compel PRODUCTION OF DOCUMENTS RESPONSIVE TO REQUESTS FOR PRODUCTION OF DOCUMENT NOS. 1-8 AND 14-50 filed by Plaintiff Daniel Fishbaugh, Romit Russota. Motion set for hearing on 12/30/2020 at 10:00 AM before Magistrate Judge Rozella A. Oliver. (Attachments: #1 Declaration of Kevin M Pasquinelli in Support of Motion to Compel Production of Documents Responsive to Requests for Production of Documents Nos. 1-8 and 14-50; Exhibits 1-14, #2 Proposed Order)(Pasquinelli, Kevin) |
| Filing 73 Opposition to Plaintiffs Motion to Dismiss Counterclaims and to Strike Affirmative Defenses opposition to Plaintiff's motion re: NOTICE OF MOTION AND MOTION to Dismiss Counter Claims and to Strike Affirmative Defenses #70 filed by Defendant Art Bulgadarian. (Margarian, Hovanes) |
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Filing 72
ORDER GRANTING JOINT STIPULATION FOR REVISED SCHEDULING ORDER by Judge John W. Holcomb. The Court having read the parties' joint stipulation does hereby GRANT same. The Court sets the following schedule for the case. Jury Trial set for 8/9/2021 at 9:00 AM. Pretrial Conference set for 7/23/2021 at 11:00 AM before. Scheduling Conference set for 1/8/2021 at 11:00 AM (See document for further details) (yl)
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| Filing 71 Joint STIPULATION for Order re Proposed Revised Scheduling Order filed by Plaintiff and Counter Defendants Daniel Fishbaugh, Romit Russota. (Attachments: #1 Proposed Order)(Pasquinelli, Kevin) |
| Filing 70 NOTICE OF MOTION AND MOTION to Dismiss Counter Claims and to Strike Affirmative Defenses filed by Plaintiff Daniel Fishbaugh, Romit Russota. Motion set for hearing on 12/18/2020 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Declaration of Kevin M Pasquinelli in Support of Motion to Dismiss Counter Claims and to Strike Affirmative Defenses, #2 Proposed Order) (Attorney Kevin M Pasquinelli added to party Romit Russota(pty:cd)) (Pasquinelli, Kevin) |
| Filing 69 FIRST AMENDED ANSWER to Amended Complaint/Petition, #8 with JURY DEMAND , COUNTERCLAIM against Daniel Fishbaugh filed by Cross-complainant Arteom Bulgardarian.(Margarian, Hovanes) |
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Filing 68
ORDER by Judge John W. Holcomb: granting #52 REQUEST to Substitute Attorney. Attorney Byron T Ball terminated. (yl)
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Filing 67
ORDER by Judge John W. Holcomb: granting #53 Request to Substitute Attorney. Attorney Gregory J Morrow terminated. (yl)
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Filing 66
ORDER by Judge John W. Holcomb: granting #57 Request to Substitute Attorney. Attorney Gregory J Morrow terminated (yl)
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Filing 65
ORDER by Judge John W. Holcomb: granting #56 Request to Substitute Attorney. Attorney Byron T Ball terminated. (yl)
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Filing 64
ORDER by Judge John W. Holcomb: granting #54 Request to Substitute Attorney. Attorney Byron T Ball terminated. (yl)
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Filing 63
ORDER by Judge John W. Holcomb: granting #55 Request to Substitute Attorney. Attorney Gregory J Morrow terminated (yl)
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Filing 62
ORDER Granting Joint Stipulation to Extend Time to Amend Answer and Counter-claims by Judge John W. Holcomb. The Court having read the Parties Joint Stipulation and finding good cause does hereby GRANT same. Defendants shall file an amended Answer and Counter-claims on or before October 27, 2020. IT IS SO ORDERED. (yl)
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| Filing 61 STIPULATION for Extension of Time to Amend filed by Defendant Arteom Bulgardarian. (Attachments: #1 Proposed Order Granting Joint Stipulation to Extend Time to Amend Answer and Counter-claims)(Attorney Hovanes Margarian added to party Arteom Bulgardarian(pty:cc))(Margarian, Hovanes) |
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Filing 60
STANDING ORDER by Judge John W. Holcomb. (iva)
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| Filing 59 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST TO SUBSTITUTE ATTORNEY Hovanes Margarian in place of attorney Byron T. Ball #56 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (yl) |
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Filing 58
ORDER GRANTING STIPULATION TO EXTEND TIME TO AMEND ANSWER OR RESPOND TO DEFENDANTS ANSWER AND COUNTER CLAIMS by Judge John W. Holcomb #51 The Court having read the parties' joint stipulation does hereby GRANT same. Defendants shall file an amended pleading or Plaintiff and counter-defendants shall file a responsive pleading on or before October 20, 2020. IT IS SO ORDERED. (yl)
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| Filing 57 REQUEST TO SUBSTITUTE ATTORNEY Hovanes Margarian in place of attorney Gregory J. Morrow filed by Defendant Art Bulgadarian. (Attachments: #1 Proposed Order on request for approval the substitution or withdrawal of counsel) (Margarian, Hovanes) |
| Filing 56 REQUEST TO SUBSTITUTE ATTORNEY Hovanes Margarian in place of attorney Byron T. Ball filed by Defendant Art Bulgadarian. (Attorney Hovanes Margarian added to party Art Bulgadarian(pty:dft)) (Margarian, Hovanes) |
| Filing 55 REQUEST TO SUBSTITUTE ATTORNEY Hovanes Margarian in place of attorney Byron T. Ball filed by Defendant Alvard Bulgadarian. (Attachments: #1 Proposed Order on request for approval the substitution or withdrawal of counsel) (Margarian, Hovanes) |
| Filing 54 REQUEST TO SUBSTITUTE ATTORNEY Hovanes Margarian in place of attorney Gregory J. Morrow filed by Defendant Alvard Bulgadarian. (Attachments: #1 Proposed Order on request for approval the substitution or withdrawal of counsel) (Attorney Hovanes Margarian added to party Alvard Bulgadarian(pty:dft)) (Margarian, Hovanes) |
| Filing 53 REQUEST TO SUBSTITUTE ATTORNEY Hovanes Margarian in place of attorney Gregory J. Morrow filed by Defendant Bellows Manufacturing and Research, Inc.. (Attachments: #1 Proposed Order on request for approval the substitution or withdrawal of counsel) (Attorney Hovanes Margarian added to party Bellows Manufacturing and Research, Inc.(pty:dft)) (Margarian, Hovanes) |
| Filing 52 REQUEST to Substitute attorney Hovanes Margarian in place of attorney Byron T. Ball filed by Defendant Bellows Manufacturing and Research, Inc.. (Attachments: #1 Proposed Order on request for approval the substitution) (Attorney Hovanes Margarian added to party Bellows Manufacturing and Research, Inc.(pty:cc)) (Margarian, Hovanes) |
| Filing 51 STIPULATION for Extension of Time to File Responsive Pleading or Amend Answer and Counter-Claims filed by Plaintiff Daniel Fishbaugh. (Attachments: #1 Proposed Order)(Pasquinelli, Kevin) |
| Filing 50 This action has been reassigned to the Honorable John W. Holcomb, United States District Judge. Judge Holcomb is located in Courtroom 2, on the 2nd Floor of the George E. Brown, Jr. Federal Building and United States Courthouse at 3470 Twelfth Street, Riverside, California 92501. Additional information regarding Judge Holcomb's procedures and schedules is available on the court's website at www.cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY |
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Filing 49
ORDER OF THE CHIEF JUDGE (#OCJ 20-114) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge John W. Holcomb, this case is transferred from Judge Otis D. Wright, II to the calendar of Judge John W. Holcomb for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-01135 JWH(RAOx). (rn)
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Filing 48
ORDER that the Scheduling Conference is set for December 21, 2020 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 47 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening), Counterclaim #46 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Other error(s) with document(s): 1) Counterclaim named deft Art Bulgardian as Arteom Bulgardarian. Therefore Clerk edited the name to correspond to the Answer and Counterclaim as reflected on filing and Counterclaim caption; 2) Filer failed to add named counter defendant Romit Russota. Clerk has made edits correcting these errors as authorized by Clerk's Office Policy. So filer does NOT respond to these deficiencies ONLY. THEREFORE ONLY the Missing Notice of Interested Parties REMAINS. 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) |
| Filing 46 ANSWER to Amended Complaint/Petition, #8 with JURY DEMAND , COUNTERCLAIM against All Plaintiffs filed by Defendant Bellows Manufacturing and Research, Inc., Alvard Bulgadarian, Art Bulgadarian.(Ball, Byron) |
| Filing 45 STIPULATION Extending Time to Answer the complaint as to Bellows Manufacturing and Research, Inc. answer now due 9/3/2020; Alvard Bulgadarian answer now due 9/3/2020; Art Bulgadarian answer now due 9/3/2020, filed by defendants Bellows Manufacturing and Research, Inc.; Alvard Bulgadarian; Art Bulgadarian.(Morrow, Gregory) |
| Filing 44 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Judge Otis D. Wright, II and Magistrate Judge Rozella A. Oliver for any discovery and/or post-judgment matters that may be referred. Case number will now read as 2:20-cv-01135-ODW - RAOx. (vp) |
| Filing 43 MINUTES OF SETTLEMENT CONFERENCE held before Magistrate Judge Patrick J. Walsh: The parties and their lawyers met with Magistrate Judge Walsh. The parties are unable to reach a settlement of the case. Court Reporter: MS Team 8/20/20. (es) |
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Filing 42
(IN CHAMBERS) Minute Order Setting Settlement Conference by Magistrate Judge Patrick J. Walsh: IT IS ORDERED that a video settlement conference be held on August 20, 2020, at 1:30 p.m. Each side shall submit a settlement conference statement directly to Judge Walsh's chambers at pjw_chambers@cacd.uscourts.gov not later than two court days before the conference. (See document for details.) (es)
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| Filing 41 MINUTES OF Telephonic Hearing re Motion to Dismiss First Amended Complaint(Doc. No. 20) held before Magistrate Judge Patrick J. Walsh: The Court hears from counsel. The parties agree to the Court's tentative on the motion to dismiss. The Court orders the parties to inform the clerk by August 7th if they would like to have a settlement conference on August 19 or 20 at 1:30 p.m., or another earlier date and time if neither of those dates work. Court Reporter: AT&T 7/27/20. (es) |
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Filing 40
ORDER DENYING DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT by Magistrate Judge Patrick J. Walsh: For the following reason, the motion is denied. (See order for details.) (es)
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| Filing 39 SCHEDULING NOTICE TEXT ONLY-IN CHAMBERS by Magistrate Judge Patrick J. Walsh re: NOTICE OF MOTION AND MOTION to Dismiss Case With Prejudice #20 Telephone Conference set for 7/27/2020 at 1:30 PM before Magistrate Judge Patrick J. Walsh. Call-in information emailed to the parties.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY |
| Filing 38 SCHEDULING NOTICE TEXT ONLY-IN CHAMBERS by Magistrate Judge Patrick J. Walsh previously scheduled for July 14, 2020 at 1:30 p.m. has been terminated. Both parties will confer and email the court clerk with the new date and time. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY |
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Filing 37
ORDER by Magistrate Judge Patrick J. Walsh: GRANTING #36 Non-Resident Attorney Paul J. Zoeller APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Daniel Fishbaugh, designating Daniel L. Allender as local counsel. (es)
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| Filing 36 APPLICATION of Non-Resident Attorney Paul J. Zoeller to Appear Pro Hac Vice on behalf of Plaintiff Daniel Fishbaugh (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27156838) filed by Plaintiff Daniel Fishbaugh. (Attachments: #1 Proposed Order) (Pasquinelli, Kevin) |
| Filing 35 GRANTING MR. FISHBAUGH'S EX PARTE APPLICATION FOR LEAVE TO FILE A FIVE PAGE SUR-REPLY AND OBJECTIONS TO NEWLY INTRODUCED EVIDENCE #33 by Magistrate Judge Patrick J. Walsh. (es) |
| Filing 34 Defendants' Opposition to Plaintiff's Ex Parte Application Opposition to Plaintiff's Ex Parte Application re: EX PARTE APPLICATION for Leave to file Five Page Sur-Reply and Objections to Newly Introduced Evidence #33 Defendants' Opposition to Plaintiff's Ex Parte Application filed by Defendants Bellows Manufacturing and Research, Inc., Alvard Bulgadarian, Art Bulgadarian. (Morrow, Gregory) |
| Filing 33 EX PARTE APPLICATION for Leave to file Five Page Sur-Reply and Objections to Newly Introduced Evidence filed by Plaintiff Daniel Fishbaugh. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Pasquinelli, Kevin) |
| Filing 32 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Case With Prejudice #20 filed by Defendants Bellows Manufacturing and Research, Inc., Alvard Bulgadarian, Art Bulgadarian. (Attachments: #1 Affidavit Affidavit of Arteom Bulgadarian In Support of Defendants' Motion to Dismiss)(Morrow, Gregory) |
| Filing 31 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case With Prejudice #20 filed by Plaintiff Daniel Fishbaugh. (Pasquinelli, Kevin) |
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Filing 30
ORDER by Magistrate Judge Patrick J. Walsh: GRANTING #28 Non-Resident Attorney Misty L. Pless APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Daniel Fishbaugh, designating Daniel L. Allender as local counsel. (es)
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Filing 29
ORDER by Magistrate Judge Patrick J. Walsh: GRANTING #26 Non-Resident Attorney Misty L. Pless APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Daniel Fishbaugh, designating Daniel L. Allender as local counsel. (es)
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| Filing 28 APPLICATION of Non-Resident Attorney Misty L. Pless to Appear Pro Hac Vice on behalf of Plaintiff Daniel Fishbaugh (Pro Hac Vice Fee - $400 Previously Paid on 6/3/2020, Receipt No. 26667225) filed by Plaintiff Daniel Fishbaugh. (Attachments: #1 Proposed Order) (Pasquinelli, Kevin) |
| Filing 27 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Misty L. Pless to Appear Pro Hac Vice on behalf of Plaintiff Daniel Fishbaugh (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26667225) #26 . The following error(s) was/were found: Application is incomplete. No email address listed for local counsel. (Thrasher, Lupe) |
| Filing 26 APPLICATION of Non-Resident Attorney Misty L. Pless to Appear Pro Hac Vice on behalf of Plaintiff Daniel Fishbaugh (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26667225) filed by Plaintiff Daniel Fishbaugh. (Attachments: #1 Proposed Order) (Pasquinelli, Kevin) |
| Filing 25 MINUTES OF TELEPHONIC SCHEDULING CONFERENCE held before Magistrate Judge Patrick J. Walsh: The parties have consented to the magistrate judge for all further proceedings. The Court adopts the parties' proposed schedule as follows: Pretrial Conference/Hearing on Motions in Limine: April 16, 2021 at 1:30 PM. Jury Trial: Friday, April 23, 2021 at 9:00 AM. Deadline to Add/Amend Pleadings: August 15, 2020. Fact Discovery cut-off: November 13, 2020. Expert Discovery cut-off: February 5, 2021. Settlement Conference deadline (and method) (Gen. Order 11-10): March 26, 2021. (See order for details and deadlines.) Court Recorder: CourtSmart 5/08/2020. (es) |
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Filing 24
STIPULATION AND PROTECTIVE ORDER #22 by Magistrate Judge Patrick J. Walsh. (es)
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| Filing 23 SCHEDULING NOTICE TEXT ONLY ENTRY (IN CHAMBERS) by Magistrate Judge Patrick J. Walsh re: NOTICE OF MOTION AND MOTION to Dismiss Case With Prejudice #20 . Request set for hearing on 7/14/2020 at 1:30 PM before Magistrate Judge Patrick J. Walsh. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY |
| Filing 22 STIPULATION for Protective Order filed by Plaintiff Daniel Fishbaugh.(Pasquinelli, Kevin) |
| Filing 21 SCHEDULING NOTICE TEXT ONLY ENTRY (IN CHAMBERS) by Magistrate Judge Patrick J. Walsh, Telephone Scheduling Conference set for 5/8/2020 at 1:30 PM before Magistrate Judge Patrick J. Walsh. Call-in information emailed to parties.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss Case With Prejudice filed by Defendants Bellows Manufacturing and Research, Inc., Alvard Bulgadarian, Art Bulgadarian. Motion set for hearing on 7/14/2020 at 01:30 PM before Magistrate Judge Patrick J. Walsh. (Morrow, Gregory) |
| Filing 19 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7, filed by Defendants Bellows Manufacturing and Research, Inc., Alvard Bulgadarian, Art Bulgadarian.. (Ball, Byron) |
| Filing 18 NOTICE TO COUNSEL: ALL PARTIES having consented to proceed before the Magistrate Judge, this case remains assigned to Magistrate Judge Patrick J. Walsh for final disposition re: Consent to Proceed (CV-11C) before US Magistrate Judge Direct Assignment Program Non-Final #15 , Consent to Proceed (CV-11C) before US Magistrate Judge Direct Assignment Program Non-Final #13 (rn) |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Gregory J Morrow counsel for Defendants Bellows Manufacturing and Research, Inc., Alvard Bulgadarian, Art Bulgadarian. Adding Gregory J. Morrow as counsel of record for Art Bulgadarian, Alverd Bulgadarian, Bellows Manufacturing & Research Inc. for the reason indicated in the G-123 Notice. Filed by defendants Art Bulgadarian, Alverd Bulgadarian, Bellows Manufacturing & Research Inc.. (Attorney Gregory J Morrow added to party Bellows Manufacturing and Research, Inc.(pty:dft), Attorney Gregory J Morrow added to party Alvard Bulgadarian(pty:dft), Attorney Gregory J Morrow added to party Art Bulgadarian(pty:dft))(Morrow, Gregory) |
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Filing 16
Order Granting Second Stipulation to ExtendTime to Respond to First Amended Complaint("FAC"), #14 by Magistrate Judge Patrick J. Walsh. Defendants answer due 4/30/2020. (es)
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| Filing 15 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge (Ball, Byron) |
| Filing 14 Second STIPULATION for Extension of Time to File Answer to April 30, 2020 re Amended Complaint/Petition, #8 filed by Defendants Bellows Manufacturing and Research, Inc., Alvard Bulgadarian, Art Bulgadarian. (Attachments: #1 Proposed Order)(Ball, Byron) |
| Filing 13 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge (Pasquinelli, Kevin) |
| Filing 12 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Daniel Fishbaugh. (Pasquinelli, Kevin) |
| Filing 11 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (es) |
| Filing 10 STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by Defendants Bellows Manufacturing and Research, Inc., Alvard Bulgadarian, Art Bulgadarian.(Attorney Byron T Ball added to party Bellows Manufacturing and Research, Inc.(pty:dft), Attorney Byron T Ball added to party Alvard Bulgadarian(pty:dft), Attorney Byron T Ball added to party Art Bulgadarian(pty:dft))(Ball, Byron) |
| Filing 9 CERTIFICATE OF SERVICE filed by Plaintiff Daniel Fishbaugh, re Amended Complaint/Petition, #8 First Amended Complaint (Pasquinelli, Kevin) |
| Filing 8 FIRST AMENDED COMPLAINT against Defendant Bellows Manufacturing and Research, Inc., Alvard Bulgadarian, Art Bulgadarian amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Daniel Fishbaugh (Attachments: #1 Exhibit Exhibits A, B & C)(Pasquinelli, Kevin) |
| Filing 7 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (ghap) |
| Filing 6 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Bellows Manufacturing and Research, Inc., Alvard Bulgadarian, Art Bulgadarian. (ghap) |
| Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Patrick J. Walsh. (Attachments: #1 CV-11 Statement of Consent to Proceed Before a United States Magistrate Judge) (ghap) |
| Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff Daniel Fishbaugh, (Allender, Daniel) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 filed by Plaintiff Daniel Fishbaugh. (Allender, Daniel) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Daniel Fishbaugh. (Allender, Daniel) |
| Filing 1 COMPLAINT Receipt No: 0973-25258491 - Fee: $400, filed by Plaintiff Daniel Fishbaugh. (Attachments: #1 Exhibit A to the Complaint, #2 Exhibit B to the Complaint, #3 Exhibit C to the Complaint) (Attorney Daniel Lewis Allender added to party Daniel Fishbaugh(pty:pla))(Allender, Daniel) |
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