Evergreen Capital Management LLC v. The Bank of New York Mellon Trust Company, N.A. et al
Plaintiff: Evergreen Capital Management LLC, Individually and on Behalf of All Others Similarly Situated and Evergreen Capital Management LLC
Defendant: The Bank of New York Mellon Trust Company, N.A. as Trustee for Pacific Coast Oil Trust, Pacific Coast Energy Company LP and The Bank of New York Mellon Trust Company, N.A.
Case Number: 2:2020cv07561
Filed: August 20, 2020
Court: US District Court for the Central District of California
Presiding Judge: Michael W Fitzgerald
Referring Judge: Alicia G Rosenberg
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 7, 2020 Opinion or Order Filing 58 MINUTES (IN CHAMBERS) ORDER DENYING DEFENDANT PACIFIC COAST ENERGY COMPANY LP'S MOTION TO REOPEN CASE AND STAY REMAND ORDER PENDING APPEAL ORDER ON MOTION TO DISMISS CASE #49 by Judge Michael W. Fitzgerald. The Motion is DENIED. (iv)
December 3, 2020 Opinion or Order Filing 57 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Elizabeth Foley to Appear Pro Hac Vice on behalf of Defendant Pacific Coast Energy Company, designating Zoe Steinberg as local counsel #55 . (iv)
December 2, 2020 Opinion or Order Filing 56 SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 20-09 and Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds DEFENDANT PACIFIC COAST ENERGY COMPANY LP'S MOTION TO REOPEN CASE AND STAY REMAND ORDER PENDING APPEAL #49 appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for December 7, 2020 is vacated and taken off calendar. If the Court determines that a hearing is necessary, one will be reset at a later date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
December 1, 2020 Filing 55 APPLICATION of Non-Resident Attorney Elizabeth P. Foley to Appear Pro Hac Vice on behalf of Defendant Pacific Coast Energy Company LP (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29293827) filed by Defendant Pacific Coast Energy Company LP. (Steinberg, Zoe)
November 23, 2020 Filing 54 REPLY REPLY IN SUPPORT OF MOTION TO REOPEN CASE AND STAY REMAND ORDER PENDING APPEAL NOTICE OF MOTION AND MOTION to Stay pending /Motion to Reopen Case and Stay Remand Order Pending Appeal Order on Motion to Dismiss Case,, Order on Motion to Remand Case to State Court, #44 #49 filed by Defendant Pacific Coast Energy Company LP. (Attachments: #1 Declaration Declaration of Zoe M. Steinberg)(Oxley, William)
November 16, 2020 Filing 53 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Stay pending /Motion to Reopen Case and Stay Remand Order Pending Appeal Order on Motion to Dismiss Case,, Order on Motion to Remand Case to State Court, #44 #49 filed by Plaintiff Evergreen Capital Management LLC. (Attachments: #1 Exhibit A)(Jasnoch, John)
November 10, 2020 Filing 52 Receipt of Copy of Remand Transmittal Letter from Los Angeles Superior Court, Case No. 20STCV26290, acknowledged on 10/26/2020. (iv)
November 9, 2020 Opinion or Order Filing 51 ORDER REGARDING BRIEFING SCHEDULE ON MOTION TO REOPEN CASE AND STAY REMAND ORDER PENDING APPEAL #50 by Judge Michael W. Fitzgerald. The hearing date for the Motion to Stay shall be December 7, 2020 at 10:00 a.m. (iv)
November 6, 2020 Filing 50 Joint STIPULATION for Order Regarding Briefing Schedule on Motion to Reopen Case and Stay Remand Order Pending Appeal filed by Plaintiff Evergreen Capital Management LLC. (Attachments: #1 Proposed Order)(Jasnoch, John)
November 2, 2020 Filing 49 NOTICE OF MOTION AND MOTION to Stay pending /Motion to Reopen Case and Stay Remand Order Pending Appeal Order on Motion to Dismiss Case,, Order on Motion to Remand Case to State Court, #44 filed by Defendant Pacific Coast Energy Company LP. Motion set for hearing on 11/30/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Sashe D. Dimitroff, #3 Exhibit A, #4 Proposed Order) (Oxley, William)
October 24, 2020 Filing 48 NOTICE OF FILING TRANSCRIPT filed for proceedings October 19, 2020 re Transcript #47 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Diaz, Amy) TEXT ONLY ENTRY
October 24, 2020 Filing 47 TRANSCRIPT for proceedings held on October 19, 2020. Court Reporter/Electronic Court Recorder: Amy Diaz, phone number amyfcrr@gmail.com. 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 11/16/2020. Redacted Transcript Deadline set for 11/24/2020. Release of Transcript Restriction set for 1/22/2021. (Diaz, Amy)
October 22, 2020 Filing 46 TRANSCRIPT ORDER as to Defendant Pacific Coast Energy Company LP for Court Reporter. Court will contact Andrea Gonzalez at aagonzalez@bakerlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Oxley, William)
October 20, 2020 Filing 45 TRANSMITTAL of documents to Los Angeles Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles Superior Court. (iv)
October 20, 2020 Opinion or Order Filing 44 MINUTES (IN CHAMBERS) ORDER RE: MOTION TO DISMISS #15 ; MOTION TO REMAND TO LOS ANGELES SUPERIOR COURT #21 by Judge Michael W. Fitzgerald. The Remand Motion is GRANTED. The Court REMANDS this action to the Los Angeles County Superior Court. The Dismissal Motion and the accompanying Request for Judicial Notice #16 are DENIED as moot. MD JS-6. Case Terminated. (iv)
October 19, 2020 Filing 43 MINUTES OF TELEPHONIC MOTION TO DISMISS #15 ; MOTION TO REMAND #21 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record,the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv)
October 14, 2020 Opinion or Order Filing 42 SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 20-09, the MOTION TO DISMISS CASE #15 and MOTION FOR REMAND #21 set for October 19, 2020 will be held telephonically at 10:00 a.m. Counsel shall use the following conference call information: Number: (877) 848-7030; Access Code: 4573404. Counsel are ordered to remain available from 10:30 a.m. - 11:30 a.m. Any tentative ruling the Court may prepare, will be emailed to counsel prior to the hearing. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
October 12, 2020 Filing 41 Notice of Appearance or Withdrawal of Counsel: for attorney Rhiana L. Swartz counsel for Plaintiff Evergreen Capital Management LLC. Adding Rhiana L. Swartz as counsel of record for Evergreen Capital Management LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Evergeen Capital Management LLC. (Swartz, Rhiana)
October 9, 2020 Opinion or Order Filing 40 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Michael W. Fitzgerald: GRANTING #39 Non-Resident Attorney Rhiana L. Swartz APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Evergreen Capital Management LLC, designating Joseph D. Cohen as local counsel. (Thrasher, Lupe)
October 7, 2020 Filing 39 APPLICATION of Non-Resident Attorney Rhiana L. Swartz to Appear Pro Hac Vice on behalf of Plaintiff Evergreen Capital Management LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28432699) filed by Plaintiff Evergreen Capital Management LLC. (Attachments: #1 Proposed Order) (Cohen, Joseph)
September 29, 2020 Filing 38 REPLY NOTICE OF MOTION AND MOTION to Dismiss Case #15 REPLY IN SUPPORT OF MOTION TO DISMISS filed by Defendant Pacific Coast Energy Company LP. (Oxley, William)
September 28, 2020 Filing 37 REPLY in support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court #21 filed by Plaintiff Evergreen Capital Management LLC. (Jasnoch, John)
September 21, 2020 Opinion or Order Filing 36 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Thomas Laughlin to Appear Pro Hac Vice on behalf of Plaintiff Evergreen Capital Management LLC, designating Joseph Cohen as local counsel #33 . (iv)
September 18, 2020 Filing 35 JOINDER filed by Defendant The Bank of New York Mellon Trust Company, N.A. joining in MEMORANDUM in Opposition to Motion #34 . (Wrenshall, Mathew)
September 18, 2020 Filing 34 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court #21 filed by Defendant Pacific Coast Energy Company LP. (Oxley, William)
September 17, 2020 Filing 33 APPLICATION of Non-Resident Attorney Thomas L. Laughlin IV to Appear Pro Hac Vice on behalf of Plaintiff Evergreen Capital Management LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28138300) filed by Plaintiff Evergreen Capital Management LLC. (Attachments: #1 Proposed Order) (Cohen, Joseph)
September 17, 2020 Opinion or Order Filing 32 ORDER GRANTING UNOPPOSED MOTION TO EXTEND TIME TO FILE ANSWER OR OTHER RESPONSIVE PLEADINGS #29 by Judge Michael W. Fitzgerald. Defendant's Unopposed Motion to Extend Time to File Answer or Other Responsive Pleadings is GRANTED and that Trustee's Answer or Other Responsive Pleading shall be due fourteen (14) days after the Court rules on Plaintiff Evergreen Capital Management LLC's motion to remand. (iv)
September 16, 2020 Opinion or Order Filing 31 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney David B. Springer to Appear Pro Hac Vice on behalf of Defendant The Bank of New York Mellon Trust, designating Matthew M. Wrenshall as local counsel #26 . (iv)
September 16, 2020 Opinion or Order Filing 30 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Stephen Benesh to Appear Pro Hac Vice on behalf of Defendant The Bank of New York Mellon Trust, designating Matthew M. Wrenshall as local counsel #25 . (iv)
September 16, 2020 Filing 29 NOTICE OF MOTION AND MOTION to Extend Time to File Answer to 11/2/2020 filed by Defendant The Bank of New York Mellon Trust Company, N.A.. (Attachments: #1 Proposed Order) (Wrenshall, Mathew)
September 15, 2020 Filing 28 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #15 filed by Plaintiff Evergreen Capital Management LLC. (Jasnoch, John)
September 15, 2020 Opinion or Order Filing 27 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Jing-Li Yu to Appear Pro Hac Vice on behalf of Plaintiff Evergreen Capital Management LLC, designating Joseph Cohen as local counsel #24 . (iv)
September 15, 2020 Filing 26 APPLICATION of Non-Resident Attorney David B. Springer to Appear Pro Hac Vice on behalf of Defendant The Bank of New York Mellon Trust Company, N.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28086178) filed by Defendant The Bank of New York Mellon Trust Company, N.A.. (Attachments: #1 Proposed Order) (Wrenshall, Mathew)
September 15, 2020 Filing 25 APPLICATION of Non-Resident Attorney W. Stephen Benesh to Appear Pro Hac Vice on behalf of Defendant The Bank of New York Mellon Trust Company, N.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28085969) filed by Defendant The Bank of New York Mellon Trust Company, N.A.. (Attachments: #1 Proposed Order) (Wrenshall, Mathew)
September 10, 2020 Filing 24 APPLICATION of Non-Resident Attorney Jing-Li Yu to Appear Pro Hac Vice on behalf of Plaintiff Evergreen Capital Management LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28028399) filed by Plaintiff Evergreen Capital Management LLC. (Attachments: #1 Proposed Order) (Cohen, Joseph)
September 10, 2020 Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph D Cohen counsel for Plaintiff Evergreen Capital Management LLC. Adding Joseph D. Cohen as counsel of record for Evergreen Capital Management LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Evergreen Capital Management LLC. (Attorney Joseph D Cohen added to party Evergreen Capital Management LLC(pty:pla))(Cohen, Joseph)
September 8, 2020 Filing 22 Certification and NOTICE of Interested Parties filed by Plaintiff Evergreen Capital Management LLC, identifying Evergreen Capital Management, LLC; Pacific Coast Energy Holding Company, LP; PCEC (GP), LLC; PCEC (LP), LLC; Pacific Coast Energy Holdings, LLC; The Bank of New York Mellon Trust Company, N.A.. (Jasnoch, John)
September 8, 2020 Filing 21 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court filed by Plaintiff Evergreen Capital Management LLC. Motion set for hearing on 10/19/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum in Support of Motion, #2 Proposed Order) (Jasnoch, John)
September 3, 2020 Opinion or Order Filing 20 ORDER GRANTING JOINT STIPULATION REGARDING BRIEFING SCHEDULE ON MOTION TO DISMISS AND FORTHCOMING MOTION TO REMAND #19 by Judge Michael W. Fitzgerald. Plaintiff shall file its Motion to Remand by September 8, 2020; Plaintiff shall respond to PCEC's Motion to Dismiss Plaintiff's Complaint, or, Alternatively, Compel Arbitration by September 15, 2020; and PCEC shall file its reply in support of its Motion to Dismiss by September 29, 2020. SEE ORDER FOR DETAILS. (iv)
September 2, 2020 Filing 19 STIPULATION for Order Regarding Briefing Schedule on Motion to Dismiss and Forthcoming Motion to Remand Evergreen Capital Management LLC. (Attachments: #1 Proposed Order)(Jasnoch, John)
August 28, 2020 Filing 18 CERTIFICATE OF SERVICE filed by Defendant Pacific Coast Energy Company LP, re Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #5 /Certificate of Service of Court Document After Filing of Removal of Action to Federal Court served on 8/28/20. (Oxley, William)
August 28, 2020 Filing 17 NOTICE filed by Defendant Pacific Coast Energy Company LP. /Notice of Filing of Notice of Removal in State Court (Oxley, William)
August 27, 2020 Filing 16 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #15 filed by Defendant Pacific Coast Energy Company LP. (Oxley, William)
August 27, 2020 Filing 15 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Pacific Coast Energy Company LP. Motion set for hearing on 9/28/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Sashe Dimitroff, #3 Proposed Order) (Oxley, William)
August 27, 2020 Filing 14 Consent to Removal filed by Defendant The Bank of New York Mellon Trust Company, N.A. re: Notice of Removal (Attorney Civil Case Opening), #1 (Wrenshall, Mathew)
August 27, 2020 Filing 13 Joint STIPULATION Extending Time to Answer the complaint as to The Bank of New York Mellon Trust Company, N.A. answer now due 9/23/2020, re Complaint - (Discovery) filed by Defendant The Bank of New York Mellon Trust Company, N.A..(Attorney Mathew M Wrenshall added to party The Bank of New York Mellon Trust Company, N.A.(pty:dft))(Wrenshall, Mathew)
August 26, 2020 Opinion or Order Filing 12 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Alexandra Trujillo to Appear Pro Hac Vice on behalf of Defendant Pacific Coast Energy Company, L.P, designating William Oxley as local counsel #9 . (iv)
August 26, 2020 Opinion or Order Filing 11 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Sashe Dimitroff to Appear Pro Hac Vice on behalf of Defendant Pacific Coast Energy Company, L.P, designating William Oxley as local counsel #8 . (iv)
August 25, 2020 Filing 10 PROOF OF SERVICE filed by Defendant Pacific Coast Energy Company LP, re Notice of Assignment to United States Judges(CV-18) - optional html form #4 served on 08/25/2020. (Oxley, William)
August 25, 2020 Filing 9 APPLICATION of Non-Resident Attorney Alexandra Trujillo to Appear Pro Hac Vice on behalf of Defendant Pacific Coast Energy Company LP (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27782137) filed by Defendant Pacific Coast Energy Company LP. (Attachments: #1 Proposed Order) (Oxley, William)
August 24, 2020 Filing 8 APPLICATION of Non-Resident Attorney Sashe D. Dimitroff to Appear Pro Hac Vice on behalf of Defendant Pacific Coast Energy Company LP (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27762859) filed by Defendant Pacific Coast Energy Company LP. (Attachments: #1 Proposed Order) (Oxley, William)
August 24, 2020 Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Alexandra Trujillo. 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. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil)
August 24, 2020 Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Sashe D. Dimitroff. 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. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil)
August 21, 2020 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
August 21, 2020 Filing 4 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Alicia G. Rosenberg. (jtil)
August 20, 2020 CONFORMED COPY OF COMPLAINT filed by Plaintiff Evergreen Capital Management LLC in Los Angeles Superior Court on 7/8/2020, attached as Exhibit A. (jtil)
August 20, 2020 Filing 3 Certification and Notice of Interested Parties filed by Defendant Pacific Coast Energy Company LP, identifying Evergreen Capital Management, LLC; Pacific Coast Energy Holding Company, LP; PCEC (GP), LLC; PCEC (LP), LLC; Pacific Coast Energy Holdings, LLC; The Bank of New York Mellon Trust Company, N.A.. (Oxley, William)
August 20, 2020 Filing 2 CIVIL COVER SHEET filed by Defendant Pacific Coast Energy Company LP. (Oxley, William)
August 20, 2020 Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 20STCV26290 Receipt No: ACACDC-27717312 - Fee: $400, filed by Defendant Pacific Coast Energy Company LP. (Attorney William Wayne Oxley added to party Pacific Coast Energy Company LP(pty:dft))(Oxley, William)

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Search for this case: Evergreen Capital Management LLC v. The Bank of New York Mellon Trust Company, N.A. et al
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Defendant: The Bank of New York Mellon Trust Company, N.A. as Trustee for Pacific Coast Oil Trust
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Defendant: Pacific Coast Energy Company LP
Represented By: William Wayne Oxley
Represented By: Sashe D Dimitroff
Represented By: Alexandra Trujillo
Represented By: Zoe M. Steinberg
Represented By: Elizabeth P. Foley
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Defendant: The Bank of New York Mellon Trust Company, N.A.
Represented By: Mathew M Wrenshall
Represented By: David B. Springer
Represented By: W. Stephen Benesh
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Plaintiff: Evergreen Capital Management LLC, Individually and on Behalf of All Others Similarly Situated
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Plaintiff: Evergreen Capital Management LLC
Represented By: John T Jasnoch
Represented By: Rhiana L. Swartz
Represented By: Thomas L. Laughlin, IV
Represented By: Joseph D. Cohen
Represented By: Jing-Li Yu
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