Patrick Strawn v. Carpenters Southwest Administrative Corporation et al
| Patrick Strawn |
| Southwest Carpenters Pension Trust, construction industry and carpenters joint pension trust for southern nevada and Carpenters Southwest Administrative Corporation |
| 2:2020cv03399 |
| April 13, 2020 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Ronald SW Lew |
| Consuelo B Marshall |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| Plaintiff |
Docket Report
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Filing 42
TEXT ONLY ORDER (IN CHAMBERS) by Judge Ronald S.W. Lew: The hearing on the Motion to Dismiss #41 , set for 6/2/2020, is hereby vacated and taken OFF-CALENDAR. The motion is suitable for decision without oral argument and stands SUBMITTED. No appearance necessary on 6/2/2020. The Court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre)
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| Filing 41 NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(B)(6) filed by Defendants Carpenters Southwest Administrative Corporation, Southwest Carpenters Pension Trust, construction industry and carpenters joint pension trust for southern nevada. Motion set for hearing on 6/2/2020 at 10:00 AM before Judge Ronald S.W. Lew. (Attachments: #1 Proposed Order) (Suttle, Mark) |
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Filing 40
IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge Ronald S.W. Lew. the Court, on its own motion, hereby orders plaintiff /s to show cause in writing no later than May 1, 2020, why this action should not be dismissed for lack of prosecution. As an alternative to a written response by plaintiff(s), the Court will accept one of the following, if it is filed on or before the above date, as evidence that the matter is being prosecuted diligently: Defendant/s Answer/Response to the Complaint/Plaintiffs Request for Entry of Default on defendant/s OR appropriate request for dismissal of this action. No oral argument of this matter will be heard unless ordered by the Court. The Order will stand submitted upon the filing of a responsive pleading or motion on or before the date upon which a response by plaintiff/s is due. Plaintiff is to serve notice of this Order on all named parties in this action who have been served but have not yet appeared. Failure to comply with this order may result in the imposition of sanctions including the dismissal of this action without further warning. (shb)
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Filing 39
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Consuelo B. Marshall. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Consuelo B. Marshall to Judge Ronald S.W. Lew for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-3399 RSWL (PLAx). (esa)
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| Filing 38 Notice of Appearance or Withdrawal of Counsel: for attorney Mark O Suttle counsel for Defendants Carpenters Southwest Administrative Corporation, Southwest Carpenters Pension Trust, construction industry and carpenters joint pension trust for southern nevada. Adding Mark O. Suttle as counsel of record for Carpenters Southwest Administrative Corporation, Southwest Carpenters Pension Trust, and Construction Industry and Carpenters Joint Pension Trust for Southern Nevada for the reason indicated in the G-123 Notice. Filed by Defendant Carpenters Southwest Administrative Corporation et al. (Attorney Mark O Suttle added to party Carpenters Southwest Administrative Corporation(pty:dft), Attorney Mark O Suttle added to party Southwest Carpenters Pension Trust(pty:dft), Attorney Mark O Suttle added to party construction industry and carpenters joint pension trust for southern nevada(pty:dft))(Suttle, Mark) |
| Filing 37 RESPONSE filed by Pro Hac Vice attorney Matthew E Malmsheimer on behalf of Defendants Carpenters Southwest Administrative Corporation, Southwest Carpenters Pension Trust, construction industry and carpenters joint pension trust for southern nevada. RE: Notice of Filing Fee Due. PHV fee n/a. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (Thrasher, Lupe) |
| Filing 36 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Matthew E. Malmsheimer. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 35 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kevin T. Lafky. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 32 ORIGINAL file, certified copy of transfer order and docket sheet received from Oregon |
| Filing 34 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Paul L. Abrams. (lh) |
| Filing 33 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 6:19-cv-01469-MC, from U.S. District Court District of Oregon (Eugene). The above-referenced case has been transferred to this district and assigned the above civil case number 2:20-cv-03399-CBM (PLAx). (lh) |
| Filing 31 JUDGMENT: Based on the record, this action shall be transferred to the Western Division (Los Angeles) of the Central District of Califomia. Signed on 4/8/2020 by Judge Michael J. McShane. (cp) [Transferred from Oregon on 4/14/2020.] |
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Filing 30
OPINION AND ORDER: Defendants' Motion to Change or Transfer Venue #17 is granted. The matter shall be transferred to the Western Division of the United States District Court of California for the Central District of California for further proceedings. Because the case law overwhelmingly supports enforcing forum selection clauses in ERISA cases, Defendants' request for reasonable attorney fees may be submitted to the court by way of a petition. Signed on 4/7/2020 by Judge Michael J. McShane. (cp) [Transferred from Oregon on 4/14/2020.]
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| Filing 29 Reply Brief to Motion to Change or Transfer Venue #17 Oral Argument requested. Filed by All Defendants. (Malmsheimer, Matthew) [Transferred from Oregon on 4/14/2020.] |
| Filing 28 Declaration of Amanda L. Reilly . Filed by Patrick Strawn. (Related document(s): Response to Motion #26 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Lafky, Kevin) [Transferred from Oregon on 4/14/2020.] |
| Filing 27 Declaration of Patrick Strawn . Filed by Patrick Strawn. (Related document(s): Response to Motion #26 .) (Lafky, Kevin) [Transferred from Oregon on 4/14/2020.] |
| Filing 26 Response to Motion to Change or Transfer Venue #17 Oral Argument requested. Filed by Patrick Strawn. (Lafky, Kevin) [Transferred from Oregon on 4/14/2020.] |
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Filing 25
ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #24 . The Discovery, Joint Alternate Dispute Resolution Report, and Pretrial Order deadlines at #2 are vacated. The Court will set new deadlines if necessary pending a ruling on the Motion to Change or Transfer Venue #17 . Ordered by Judge Michael J. McShane. (cp) [Transferred from Oregon on 4/14/2020.]
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| Filing 24 Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Patrick Strawn. (Lafky, Kevin) [Transferred from Oregon on 4/14/2020.] |
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Filing 23
ORDER: Granting Motion for Extension of Time #22 . Plaintiff's Response to Motion to Change or Transfer Venue #17 is due by 2/18/2020. Ordered by Judge Michael J. McShane. (cp) [Transferred from Oregon on 4/14/2020.]
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| Filing 22 Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Transfer Venue. Filed by Patrick Strawn. (Lafky, Kevin) [Transferred from Oregon on 4/14/2020.] |
| Filing 21 Declaration of Daniel Vela . Filed by Carpenters Southwest Administrative Corporation, Construction Industry and Carpenters Joint Pension Trust For Southern Nevada, Southwest Carpenters Pension Trust. (Related document(s): Motion to change/transfer venue, #17 .) (Malmsheimer, Matthew) [Transferred from Oregon on 4/14/2020.] |
| Filing 20 Declaration of Daniel M. Shanley . Filed by Carpenters Southwest Administrative Corporation, Construction Industry and Carpenters Joint Pension Trust For Southern Nevada, Southwest Carpenters Pension Trust. (Related document(s): Motion to change/transfer venue, #17 .) (Attachments: #1 Exhibit 4) (Malmsheimer, Matthew) [Transferred from Oregon on 4/14/2020.] |
| Filing 19 Declaration of Antonio Quinones . Filed by Carpenters Southwest Administrative Corporation, Construction Industry and Carpenters Joint Pension Trust For Southern Nevada, Southwest Carpenters Pension Trust. (Related document(s): Motion to change/transfer venue, #17 .) (Attachments: #1 Exhibit 3) (Malmsheimer, Matthew) [Transferred from Oregon on 4/14/2020.] |
| Filing 18 Declaration of Norma Guerrero . Filed by Carpenters Southwest Administrative Corporation, Construction Industry and Carpenters Joint Pension Trust For Southern Nevada, Southwest Carpenters Pension Trust. (Related document(s): Motion to change/transfer venue, #17 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Malmsheimer, Matthew) [Transferred from Oregon on 4/14/2020.] |
| Filing 17 Motion to Change or Transfer Venue . Oral Argument requested. Filed by Carpenters Southwest Administrative Corporation, Construction Industry and Carpenters Joint Pension Trust For Southern Nevada, Southwest Carpenters Pension Trust. (Malmsheimer, Matthew) [Transferred from Oregon on 4/14/2020.] |
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Filing 16
ORDER: Granting Defendants' Unopposed Motion for Extension of Time to Answer #15 . Answer is due by 1/23/2020. Ordered by Judge Michael J. McShane. (cp) [Transferred from Oregon on 4/14/2020.]
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| Filing 15 Unopposed Motion for Extension of Time to Answer Plaintiff's Complaint. Filed by Construction Industry and Carpenters Joint Pension Trust For Southern Nevada, Southwest Carpenters Pension Trust, Carpenters Southwest Administrative Corporation. (Shanley, Daniel) [Transferred from Oregon on 4/14/2020.] |
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Filing 14
ORDER: Granting Defendants' Unopposed Motion for Extension of Time #11 . Answer is due by 1/16/2020. Ordered by Judge Michael J. McShane. (cp) [Transferred from Oregon on 4/14/2020.]
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| Filing 13 Notification of CM/ECF Account for Daniel M. Shanley (Pro Hac Vice admission). Your login is: dmshanley. Go to #the CM/ECF login page to set your password. (ck) [Transferred from Oregon on 4/14/2020.] |
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Filing 12
ORDER: Granting Application for Special Admission Pro Hac Vice of Daniel M. Shanley for Carpenters Southwest Administrative Corporation, Construction Industry and Carpenters Joint Pension Trust For Southern Nevada, and Southwest Carpenters Pension Trust. Application Fee in amount of $300 collected. Receipt No. 0979-6119271 issued. Signed on 12/12/2019 by Judge Michael J. McShane. (ck) [Transferred from Oregon on 4/14/2020.]
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| Filing 11 Unopposed Motion for Extension of Time . Filed by Carpenters Southwest Administrative Corporation, Construction Industry and Carpenters Joint Pension Trust For Southern Nevada, Southwest Carpenters Pension Trust. (Malmsheimer, Matthew) [Transferred from Oregon on 4/14/2020.] |
| Filing 10 Corporate Disclosure Statement . Filed by Carpenters Southwest Administrative Corporation. (Malmsheimer, Matthew) [Transferred from Oregon on 4/14/2020.] |
| Filing 9 Motion for Leave to Appear Pro Hac Vice for Attorney Daniel M. Shanley and CM/ECF Registration. Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-6119271. Filed by Carpenters Southwest Administrative Corporation, Construction Industry and Carpenters Joint Pension Trust For Southern Nevada, Southwest Carpenters Pension Trust. (Malmsheimer, Matthew) [Transferred from Oregon on 4/14/2020.] |
| Filing 8 Notice of Appearance of Matthew E. Malmsheimer appearing on behalf of Carpenters Southwest Administrative Corporation, Construction Industry and Carpenters Joint Pension Trust For Southern Nevada, Southwest Carpenters Pension Trust Filed by on behalf of Carpenters Southwest Administrative Corporation, Construction Industry and Carpenters Joint Pension Trust For Southern Nevada, Southwest Carpenters Pension Trust. (Malmsheimer, Matthew) [Transferred from Oregon on 4/14/2020.] |
| Filing 7 Affidavit of Service of Summons Issued, #4 upon Construction Industry and Carpenters Joint Pension Trust For Southern Nevada served on 12/2/2019 Filed by Patrick Strawn. (Lafky, Kevin) [Transferred from Oregon on 4/14/2020.] |
| Filing 6 Affidavit of Service of Summons Issued, #4 upon Southwest Carpenters Pension Trust served on 12/2/2019 Filed by Patrick Strawn. (Lafky, Kevin) [Transferred from Oregon on 4/14/2020.] |
| Filing 5 Affidavit of Service of Summons Issued, #4 upon Carpenters Southwest Administrative Corporation served on 12/2/2019 Filed by Patrick Strawn. (Lafky, Kevin) [Transferred from Oregon on 4/14/2020.] |
| Filing 4 Summons Issued Electronically as to Carpenters Southwest Administrative Corporation, Construction Industry and Carpenters Joint Pension Trust For Southern Nevada, Southwest Carpenters Pension Trust. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (kf) [Transferred from Oregon on 4/14/2020.] |
| Filing 3 Proposed Summons (Attachments: #1 Proposed Summons, #2 Proposed Summons) Filed by Patrick Strawn. (Lafky, Kevin) [Transferred from Oregon on 4/14/2020.] |
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Filing 2
Notice of Case Assignment to Judge Michael J. McShane and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 2/6/2020. Joint Alternate Dispute Resolution Report is due by 3/9/2020. Pretrial Order is due by 3/9/2020. Ordered by Judge Michael J. McShane. (kf) [Transferred from Oregon on 4/14/2020.]
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| Filing 1 Complaint. (payment received 9/11/2019 - Receipt #0979-5997746) Jury Trial Requested: Yes. Filed by Patrick Strawn against Patrick Strawn. (Cook, R.) Modified on 10/9/2019 (cw). [Transferred from Oregon on 4/14/2020.] |
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