Matthew Joseph Cupp v. Richard Baron, et al
| Matthew Joseph Cupp |
| Richard Baron, Baron Brothers Nursery, Inc., Baron Brothers Partnership, L.P. and Baron Brothers, Inc. |
| 2:2020cv09325 |
| October 9, 2020 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Rozella A Oliver |
| Dean D Pregerson |
| Stephen V Wilson |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 5, 2020. A more recent docket listing may be available from PACER.
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Filing 53
ORDER by Judge Stephen V. Wilson, Granting Joint Stipulation and Order for Dismissal with Prejudice #52 . (Made JS-6. Case Terminated.) (twdb)
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| Filing 52 Joint STIPULATION to Dismiss Case pursuant to FRCP 41(a)(1)(A)(ii) filed by Defendants Richard Baron, Baron Brothers Partnership, L.P., Baron Brothers, Inc.. (Attachments: #1 Proposed Order, #2 Declaration)(Marshall, John) |
| Filing 51 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: REQUEST to Dismiss Case #46 by Clerk of Court. The document is stricken. (mrgo) |
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Filing 50
ORDER by Judge Stephen V. Wilson: granting #43 Request to Substitute Attorney. John A. Marshall is substituted in place of attorney Betsy C, Jefferis for Defendants Richard Baron, Baron Brothers Nursery, Inc., Baron Brothers Partnership, L.P., Baron Brothers, Inc. Attorney Betsy C. Jefferis terminated. (mrgo)
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| Filing 49 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST to Dismiss Case #46 . The following error(s) was/were found: Title page is missing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (mrgo) |
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Filing 48
ORDER SETTING INITIAL STATUS CONFERENCE for 1/11/2021 at 03:00 PM before Judge Stephen V. Wilson. (pc)
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Filing 47
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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| Filing 46 [DOCUMENT STRICKEN PER DOC. NO. 51] REQUEST to Dismiss Case filed by Defendants Richard Baron, Baron Brothers Nursery, Inc., Baron Brothers, Inc.. (Marshall, John) Modified on 11/2/2020 (mrgo). |
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Filing 45
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dean D. Pregerson. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Dean D. Pregerson to Judge Stephen V. Wilson for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-09325 SVW(RAOx). (rn)
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| Filing 44 RESPONSE filed by Pro Hac Vice attorney Betsy C. Jefferis on behalf of Defendants Richard Baron, Baron Brothers Nursery, Inc., Baron Brothers Partnership, L.P., Baron Brothers, Inc.. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case. (Thrasher, Lupe) |
| Filing 43 REQUEST TO SUBSTITUTE ATTORNEY John A. Marshall in place of attorney Betsy C, Jefferis filed by Defendants' Richard Baron, Baron Brothers Nursery, Inc., Baron Brothers Partnership, L.P., Baron Brothers, Inc.. (Attachments: #1 Proposed Order) (Attorney John A Marshall added to party Richard Baron(pty:dft), Attorney John A Marshall added to party Baron Brothers Nursery, Inc.(pty:dft), Attorney John A Marshall added to party Baron Brothers Partnership, L.P.(pty:dft), Attorney John A Marshall added to party Baron Brothers, Inc.(pty:dft)) (Marshall, John) |
| Filing 42 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Betsy C. Jefferis. 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. (car) |
| Filing 41 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Ronald Alan Colquitt. 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. (car) |
| Filing 40 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney John Dean Harper. 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. (car) |
| Filing 39 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 38 NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Rozella A. Oliver. (car) |
| Filing 37 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 2:20-cv-00285-JAD-NJK, from United States District Court District of Nevada (Las Vegas). The above-referenced case has been transferred to this district and assigned the above civil case number 2:20-cv-09325-DDP-RAOx. (car) |
| Filing 36 ORIGINAL file, certified copy of transfer order and docket sheet received from Nevada |
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Filing 35
ORDER. IT IS ORDERED that the #9 defendants' motion to dismiss or, in the alternative, to transfer venue is GRANTED IN PART. The Clerk of the Court is instructed to TRANSFER this case to the United States District Court for the Central District of California and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 10/9/2020. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 10/9/2020.]
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Filing 34
ORDER. IT IS ORDERED that counsel shall comply with the requirements of Local Rule IA 10 5, the Ninth Circuit's decision in Kamakana, 447 F.3d 1172, and the procedures outlined, with respect to any documents filed under seal. Signed by Magistrate Judge Nancy J. Koppe on 9/1/2020. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 10/9/2020.]
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Filing 33
PROTECTIVE ORDER Granting #32 Stipulated Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 9/1/2020. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 10/9/2020.]
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| Filing 32 STIPULATED PROTECTIVE ORDER by Defendants Richard Baron, Baron Brothers Nursery, Inc., Baron Brothers, Inc.. (Attachments: #1 Exhibit Exhibit A: Ackn & Agmt to be Bound) (Jefferis, Betsy) [Transferred from Nevada on 10/9/2020.] |
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Filing 31
ORDER Adopting #27 Report and Recommendation and Dismissing Claims against Baron Brothers Partnership, L.P. The Clerk of Court is directed to terminate this party from this action. Signed by Judge Jennifer A. Dorsey on 8/13/2020. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 10/9/2020.]
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| Filing 30 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 8/6/2020. By Deputy Clerk: Danielle Cacciabaudo. Re #29 IA 7-1(a) notice. The court has received the parties' notice that a pending motion has been fully briefed in this case since April 29, 2020. The court assures the parties that it is aware of this motion and that it is moving along in a long queue of hundreds of motions that will be decided in the normal course. (no image attached) (Copies have been distributed pursuant to the NEF - DC) [Transferred from Nevada on 10/9/2020.] |
| Filing 29 LETTER requesting status. (DC) [Transferred from Nevada on 10/9/2020.] |
| Filing 28 NOTICE by Richard Baron re #9 Motion to Dismiss,,. (Jefferis, Betsy) [Transferred from Nevada on 10/9/2020.] |
| Filing 27 REPORT AND RECOMMENDATION. The Court RECOMMENDS that this action be DISMISSED without prejudice as to Defendant Baron Brothers Partnership, L.P. Objections to R&R due by 8/11/2020. Signed by Magistrate Judge Nancy J. Koppe on 7/28/2020. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 10/9/2020.] |
| Filing 26 NOTICE of Plaintiff's Rule 26A Disclosures by Matthew Joseph Cupp. (Colquitt, Ronald) [Transferred from Nevada on 10/9/2020.] |
| Filing 25 NOTICE of Change of Address by Betsy C. Jefferis. (Jefferis, Betsy) [Transferred from Nevada on 10/9/2020.] |
| Filing 24 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (MR) [Transferred from Nevada on 10/9/2020.] |
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Filing 23
ORDER Regarding Briefing Schedule For Discovery Motions. Signed by Magistrate Judge Nancy J. Koppe on 5/18/2020. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 10/9/2020.]
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Filing 22
SCHEDULING ORDER Granting in part and Denying in part #20 Discovery Plan and Scheduling Order. Discovery due by 11/18/2020. Motions due by 12/18/2020. Proposed Joint Pretrial Order due by 1/18/2021. Signed by Magistrate Judge Nancy J. Koppe on 5/18/2020. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 10/9/2020.]
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| Filing 21 NOTICE of intent to dismiss pursuant to FRCP 4(m). The * Complaint* in this action was filed on* 02/10/2020.* To date no proper proof of service has been filed as to defendant *Baron Brothers Partnership, L.P..* FRCP 4(m) dismissal deadline set for 6/14/2020. (MMM) [Transferred from Nevada on 10/9/2020.] |
| Filing 20 Joint Stipulated Discovery Plan and Scheduling Order by Defendants Richard Baron, Baron Brothers Nursery, Inc., Baron Brothers, Inc.. (Jefferis, Betsy) [Transferred from Nevada on 10/9/2020.] |
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Filing 19
ORDER Denying without prejudice #18 Discovery Plan and Scheduling Order. An amended discovery plan must be filed by 5/21/2020. Signed by Magistrate Judge Nancy J. Koppe on 5/14/2020. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 10/9/2020.]
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| Filing 18 Joint Stipulated Discovery Plan and Scheduling Order by Defendants Richard Baron, Baron Brothers Nursery, Inc., Baron Brothers, Inc.. (Jefferis, Betsy) [Transferred from Nevada on 10/9/2020.] |
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Filing 17
ORDER. The parties are hereby ORDERED to file a joint proposed discovery plan no later than 5/13/2020. Signed by Magistrate Judge Nancy J. Koppe on 5/8/2020. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 10/9/2020.]
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| Filing 16 REPLY to Response to #9 Motion to Dismiss,, by Defendants Richard Baron, Baron Brothers Nursery, Inc., Baron Brothers, Inc.. (Attachments: #1 Declaration Declaration of Richard Baron) (Jefferis, Betsy) [Transferred from Nevada on 10/9/2020.] |
| Filing 15 CLERK'S NOTICE Regarding Local Rule IC 2-1(g). Filer's account information is different from the address information contained in the filed document, ECF No. #14 . Attorney John Dean Harper is advised to review and update his/her user account information. (no image attached) (MMM) [Transferred from Nevada on 10/9/2020.] |
| Filing 14 RESPONSE to #9 Motion to Dismiss,, by Plaintiff Matthew Joseph Cupp. Replies due by 4/23/2020. (Colquitt, Ronald) [Transferred from Nevada on 10/9/2020.] |
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Filing 13
ORDER Granting #12 Stipulation for Extension of Time re #9 Motion to Dismiss (First Request). Responses due by 4/16/2020. Replies due by 4/30/2020. Signed by Judge Jennifer A. Dorsey on 4/6/2020. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 10/9/2020.]
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| Filing 12 STIPULATION FOR EXTENSION OF TIME (First Request) re #9 Motion to Dismiss,, by Plaintiff Matthew Joseph Cupp. (Colquitt, Ronald) [Transferred from Nevada on 10/9/2020.] |
| Filing 11 CLERK'S NOTICE of violation of Local Rules. ECF Nos. #9 and #10 were not filed pursuant to LR IA 10-2. Incomplete case number on documents. The correct case number is 2:20-cv-00285-JAD-NJK.Attorney Betsy Jefferis is advised in the future to file documents pursuant to the Local Rules. No further action is required concerning these documents at this time. Do NOT refile. (no image attached) (MMM) [Transferred from Nevada on 10/9/2020.] |
| Filing 10 CERTIFICATE of Interested Parties by Richard Baron, Baron Brothers Nursery, Inc., Baron Brothers Partnership, L.P., Baron Brothers, Inc.. There are no known interested parties other than those participating in the case (Jefferis, Betsy) Modified on 3/24/2020 to remove incorrect filing party (MMM). [Transferred from Nevada on 10/9/2020.] |
| Filing 9 MOTION to Dismiss or Transfer Venue by Defendants Richard Baron, Baron Brothers Nursery, Inc., Baron Brothers Partnership, L.P., Baron Brothers, Inc.. Responses due by 4/6/2020. Discovery Plan/Scheduling Order due by 5/7/2020. (Jefferis, Betsy) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Modified on 3/24/2020 to remove incorrect filing party (MMM). [Transferred from Nevada on 10/9/2020.] |
| Filing 8 Summons Issued as to All Defendants re #1 Complaint. (MR) [Transferred from Nevada on 10/9/2020.] |
| Filing 7 CLERK'S NOTICE. Attorney Action Required to ECF No. #4 . Document attached is not a Notice of Related Cases. Counsel is advised to correct the discrepancy and file a Notice of Corrected Image/Document and link to #4 . (no image attached) (DKJ) [Transferred from Nevada on 10/9/2020.] |
| Filing 6 PROPOSED SUMMONS to be issued by Plaintiff Matthew Joseph Cupp. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons) (Colquitt, Ronald) [Transferred from Nevada on 10/9/2020.] |
| Filing 5 CERTIFICATE of Interested Parties by Matthew Joseph Cupp. There are no known interested parties other than those participating in the case (Colquitt, Ronald) [Transferred from Nevada on 10/9/2020.] |
| Filing 4 NOTICE OF RELATED CASES N/A by Plaintiff Matthew Joseph Cupp. (Colquitt, Ronald) [Transferred from Nevada on 10/9/2020.] |
| Filing 3 NOTICE of Corrected Image/Document re #1 Complaint, by Plaintiff Matthew Joseph Cupp. (Service of corrected image is attached.) (Colquitt, Ronald) [Transferred from Nevada on 10/9/2020.] |
| Filing 2 CLERK'S NOTICE. Attorney Action Required to ECF No. #1 . Document #1 is the Civil Cover Sheet only. The complaint has not been filed. Counsel is advised to attach the complaint and file Notice of Corrected Image/Document and link to #1 . (no image attached) (DKJ) [Transferred from Nevada on 10/9/2020.] |
| Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Nancy J. Koppe. (MR) [Transferred from Nevada on 10/9/2020.] |
| Filing 1 VIEW #3 corrected image re COMPLAINT against Matthew Joseph Cupp (Filing fee $400 receipt number 0978-5882670) by Matthew Joseph Cupp. Proof of service due by 5/10/2020. (Colquitt, Ronald) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Modified on 2/11/2020 (DKJ). [Transferred from Nevada on 10/9/2020.] |
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