Hawthorne Hangar Operations, L.P. et al v. Hawthorne Airport, LLC et al
| Hawthorne Hangar Operations, L.P. and Dan Wolfe |
| Levi Stockton, David Wehrly, City of Hawthorne, Hawthorne Airport, LLC and Advanced Air, LLC |
| 2:2020cv10744 |
| November 24, 2020 |
| US District Court for the Central District of California |
| Percy Anderson |
| Alka Sagar |
| Anti-Trust |
| 15 U.S.C. § 0001 Antitrust Litigation |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 20, 2022. A more recent docket listing may be available from PACER.
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| Filing 93 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #71 , CCA # 21-55542. The judgment of this Court, entered August 04, 2022, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum #92 , AFFIRMED.](mat) |
| Filing 92 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #71 filed by Dan Wolfe. CCA # 21-55542. The district court is AFFIRMED. Memorandum received in this district on 08/04/2022. (aco) |
| Filing 91 BILL OF COSTS. Costs Taxed in amount of $ 478.09 in favor of Defendants and against Plaintiffs. RE: APPLICATION to the Clerk to Tax Costs against Plaintiffs Hawthorne Hangar Operations, L.P., Dan Wolfe re: Judgment, #60 , #61 . (vp) |
Filing 90
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson re: First NOTICE OF MOTION AND MOTION for Sanctions Kirsten Stockton, Esq. Pursuant to FRCP 11, 28 USC section 1927, or Inherent Authority #85 . Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds this matter appropriate for decision without oral argument. The hearing calendared for July 19, 2021 at 1:30 p.m. is vacated and the matter taken off calendar. (See document for details). For each of the foregoing reasons, the Court denies Plaintiffs' Motion for Sanctions. (mrgo)
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| Filing 89 REPLY In Support First NOTICE OF MOTION AND MOTION for Sanctions Kirsten Stockton, Esq. Pursuant to FRCP 11, 28 USC section 1927, or Inherent Authority #85 filed by Plaintiff Dan Wolfe. (Franceschi, Ernest) |
| Filing 88 OPPOSITION In Opposition re: First NOTICE OF MOTION AND MOTION for Sanctions Kirsten Stockton, Esq. Pursuant to FRCP 11, 28 USC section 1927, or Inherent Authority #85 filed by Defendants Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrly. (Attachments: #1 Declaration OF KIRSTEN STOCKTON)(Stockton, Kirsten) |
| Filing 87 First AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Plaintiff Dan Wolfe. Amending Notice of Appeal to 9th Circuit Court of Appeals, #71 Filed On: 5/25/2021; Entered On: 5/25/2021; (Franceschi, Ernest) |
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Filing 86
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #74 MOTION for Relief and #85 MOTION for Sanctions. For the reasons stated above, the Court denies Plaintiffs' Motion for Relief from Judgment and Defendants' request for attorneys' fees. (See document for details) (mrgo)
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| Filing 85 First NOTICE OF MOTION AND MOTION for Sanctions Kirsten Stockton, Esq. Pursuant to FRCP 11, 28 USC section 1927, or Inherent Authority filed by Plaintiff Dan Wolfe. Motion set for hearing on 7/19/2021 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order) (Franceschi, Ernest) |
| Filing 84 REPLY In Support Second NOTICE OF MOTION AND MOTION for Relief from Judgment re Order on Motion for Relief,, #73 #74 filed by Plaintiff Dan Wolfe. (Franceschi, Ernest) |
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Filing 83
MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #63 EX PARTE APPLICATION for Attorney Fees; and #78 EX PARTE APPLICATION for Order. For each of the foregoing reasons, the Court denies Plaintiffs' Ex Parte Application to Strike Defendants' Reply and Defendants' Motion for Attorneys' Fees. (See document for details) (mrgo)
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| Filing 82 OBJECTION re: Second NOTICE OF MOTION AND MOTION for Relief from Judgment re Order on Motion for Relief,, #73 #74 filed by Defendants Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrly. (Attachments: #1 Proposed Order)(Stockton, Kirsten) |
| Filing 81 OPPOSITION re: Second NOTICE OF MOTION AND MOTION for Relief from Judgment re Order on Motion for Relief,, #73 #74 filed by Defendants Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrly. (Attachments: #1 Declaration of Kirsten Stockton, Esq. In Support of Opposition, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Stockton, Kirsten) |
| Filing 80 Opposition re: First EX PARTE APPLICATION for Order for To Strike Reply Memorandum #78 filed by Defendants Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrly. (Stockton, Kirsten) |
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Filing 79
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #71 filed by Dan Wolfe. CCA # 21-55542. The court's records reflect that appellants timely filed a motion listed inFederal Rule of Appellate Procedure 4(a)(4), which is still pending. The notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. The (9th CCA) Clerk shall serve this order on the district court. [See document for all details.](mat)
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| Filing 78 First EX PARTE APPLICATION for Order for To Strike Reply Memorandum filed by Plaintiff Dan Wolfe. (Attachments: #1 Proposed Order) (Franceschi, Ernest) |
| Filing 77 REPLY In Support NOTICE OF MOTION AND MOTION for Attorney Fees #63 filed by Defendants Advanced Air, LLC, Hawthorne Airport, LLC, David Wehrly. (Attachments: #1 Declaration of Kirsten Stockton, Esq. In Support of Reply, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Request for Judicial Notice In Support of Reply, #7 Exhibit A, #8 Exhibit B)(Stockton, Kirsten) |
| Filing 76 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Second NOTICE OF MOTION AND MOTION for Relief from Judgment re Order on Motion for Relief,, #73 #74 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): A proposed order shall be submitted as a separate attachment to the Motion or to a Notice of Lodging. 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) |
| Filing 75 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-55542 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #71 as to plaintiff Dan Wolfe. (mrgo) |
| Filing 74 Second NOTICE OF MOTION AND MOTION for Relief from Judgment re Order on Motion for Relief,, #73 filed by Plaintiff Dan Wolfe. Motion set for hearing on 6/28/2021 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Franceschi, Ernest) |
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Filing 73
MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #70 MOTION for Relief. This Motion was noticed on May 24, 2021, and set for a hearing on June 14, 2021. Pursuant to Local Rule 6-1, "[t]he notice of motion shall be filed with the Clerk not later than twenty-eight (28) days before the date set for hearing." Despite this rule, Plaintiffs set the hearing date for their Motion for only twenty one days after filing their notice of motion. For this reason, the Court strikes the Motion (Docket Number 70). (mrgo)
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| Filing 72 NOTICE Notice of Errata re Hearing Date on Motion for Relief From Judgment filed by Plaintiff Dan Wolfe. (Franceschi, Ernest) |
| Filing 71 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Dan Wolfe. Appeal of Judgment,, #60 , Order on Motion to Dismiss Party,, #55 , Order on Motion to Dismiss,,,,,, Order on Motion to Compel Arbitration,,,,,, Order on Motion to Strike,,,,, #59 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-31355132.) (Franceschi, Ernest) |
| Filing 70 [DOCUMENT ORDERED STRICKEN PER DOCKET ENTRY NO. 73] First NOTICE OF MOTION AND MOTION for Relief from Judgment filed by Plaintiff Dan Wolfe. Motion set for hearing on 6/14/2021 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Declaration, #7 Declaration) (Franceschi, Ernest) Modified on 5/26/2021 (mrgo). |
| Filing 69 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Attorney Fees #63 filed by Plaintiff Dan Wolfe. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Declaration, #7 Declaration)(Franceschi, Ernest) |
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Filing 68
MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #65 EX PARTE APPLICATION for Extension of Time to File Notice of Appeal. The Court denies Plaintiffs' Ex Parte Application for two reasons. First, Plaintiffs ask the Court to extend the deadline for Plaintiffs to file its Notice of Appeal by "30 days from the date upon which all post judgment motions have been ruled on." Rule 4(a) explicitly states that the extension may not be extended by more than 30 days from the original deadline. The extension Plaintiffs seek will extend the deadline well past the extension allowed in Rule 4, and potentially indefinitely given that Plaintiffs have not yet filed any post-judgment motions. (See document for full details) (mrgo)
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| Filing 67 Opposition In Opposition re: First EX PARTE APPLICATION for Extension of Time to File Notice of Appeal #65 filed by Defendants Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrly. (Stockton, Kirsten) |
| Filing 66 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First EX PARTE APPLICATION for Extension of Time to File Notice of Appeal #65 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): A proposed order shall be submitted as a separate attachment to the Ex Parte Application or to a Notice of Lodging. 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) |
| Filing 65 First EX PARTE APPLICATION for Extension of Time to File Notice of Appeal filed by Plaintiff Dan Wolfe. (Franceschi, Ernest) |
| Filing 64 RESPONSE filed by Defendants Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrlyto Objection #62 (Stockton, Kirsten) |
| Filing 63 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Defendants Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrly. Motion set for hearing on 6/14/2021 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Kirsten Stockton, Esq., #2 Request for Judicial Notice, #3 Proposed Order on Motion for Attorneys' fees) (Stockton, Kirsten) |
| Filing 62 OBJECTIONS to APPLICATION to the Clerk to Tax Costs against Plaintiffs Hawthorne Hangar Operations, L.P., Dan Wolfe re: Judgment,, #60 , #61 filed by Plaintiffs Hawthorne Hangar Operations, L.P., Dan Wolfe. (Franceschi, Ernest) |
| Filing 61 APPLICATION to the Clerk to Tax Costs against Plaintiffs Hawthorne Hangar Operations, L.P., Dan Wolfe re: Judgment,, #60 , filed by Defendants Levi Stockton, Advanced Air, LLC, Hawthorne Airport, LLC, David Wehrly. (Attachments: #1 Exhibit 1 - INVOICES / RECEIPTS / DOCUMENTATION FOR DOCKET FEES) (Stockton, Kirsten) |
| Filing 60 JUDGMENT by Judge Percy Anderson, Related to: Order on Motion to Dismiss, Order on Motion to Compel Arbitration, Order on Motion to Strike, #59 ; it is HEREBY ORDERED, ADJUDGED, AND DECREED that 1. Judgment is entered in favor of Defendants and against Plaintiffs Hawthorne Hangar Operations, L.P. and Dan Wolfe ("Plaintiffs"); and 2. Plaintiffs take nothing and Defendants are entitled to their costs of suit pursuant to Federal Rule of Civil Procedure 54. (MD JS-6, Case Terminated). (mrgo) |
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Filing 59
MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: granting #29 MOTION to Dismiss; #32 MOTION to Compel Arbitration; finding as moot #41 MOTION Joint NOTICE OF MOTION AND MOTION to Dismiss Complaint WITH PREJUDICE PURSUANT TO F.R.C.P RULE 12(b)(1), (3), (5), (6), MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO F.R.C.P RULE 12(e), AND MOTION TO STRIKE PURSUANT TO F.R.C.P RULE 12(f) #29 , Joint PETITION to Compel Arbitration #32 , REQUEST to Strike Plaintiffs' ECF 40 Response in Opposition to Motion, #40 #41 . For the foregoing reasons, the Court finds as a matter of law that Plaintiffs Sherman Act claims are barred by the statute of limitations. Plaintiffs Sherman Act claims are dismissed with prejudice. The Court declines to exercise supplemental jurisdiction over Plaintiffs' remaining claims for (1) declaratory relief that section 10.4 is void, and (2) nuisance and abatement. See 28 U.S.C. 1367(c) (A federal court may decline to exercise supplemental jurisdiction if "the district court has dismissed all claims over which it has original jurisdiction.") Plaintiffs' claims for (1) declaratory relief and(2) nuisance and abatement are dismissed without prejudice. Defendants' Petition to Compel Arbitrationof the Third Cause of Action of the Complaint (Dkt. No. 32) is denied as moot. The Court will issue ajudgment consistent with this Order. (See document for details) (mrgo)
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Filing 58
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. For the reasons stated above, the Court hereby discharges its Order to Show cause, and finds that Mr. Franceschi has complied with the Court's Order issuing sanctions. The Court warns the parties that the failure to comply with the Local Rules, Civility and Professionalism Guidelines of the Central District of California, Federal Rules of Civil Procedure, or this Court's orders moving forward will result in the imposition of additional monetary sanctions, evidentiary sanctions, or dismissal of the Complaint, and/or striking the Defendants' pleadings or answer. (See document for details) (mrgo)
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| Filing 57 REPLY in support of Joint NOTICE OF MOTION AND MOTION to Dismiss Complaint WITH PREJUDICE PURSUANT TO F.R.C.P RULE 12(b)(1), (3), (5), (6), MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO F.R.C.P RULE 12(e), AND MOTION TO STRIKE PURSUANT TO F.R.C.P RULE 12(f) #29 filed by Defendants Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrly. (Attachments: #1 Declaration of Kirsten Stockton, Esq., #2 Declaration of Levi Stockton)(Stockton, Kirsten) |
| Filing 56 NOTICE Notice of Compliance with Sanctions Order Declaration of Ernest J. Franceschi, Jr. filed by Plaintiff Dan Wolfe. (Attachments: #1 Exhibit)(Franceschi, Ernest) |
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Filing 55
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Before the Court is a Motion to Dismiss filed by Defendant City of Hawthorne (the City). (Dkt. No. #34 .) For the reasons stated above, the Court grants the City's Motion to Dismiss and finds that Plaintiffs' Sherman Act claim against the City is barred by the four year statute of limitations. Because the Court finds that any further amendment would be futile, the Court grants the City's Motion to Dismiss with prejudice. (lom)
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| Filing 54 OPPOSITION to Joint NOTICE OF MOTION AND MOTION to Dismiss Complaint WITH PREJUDICE PURSUANT TO F.R.C.P RULE 12(b)(1), (3), (5), (6), MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO F.R.C.P RULE 12(e), AND MOTION TO STRIKE PURSUANT TO F.R.C.P RULE 12(f) #29 Supplemental Opposition filed by Plaintiff Hawthorne Hangar Operations, L.P.. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit)(Franceschi, Ernest) |
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Filing 53
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. The Central District's Local Rules provide that "[t]he violation of or failure to conform to any of these Local Rules may subject the offending party or counsel to... monetary sanctions, if the Court finds that the conduct was willful, grossly negligent, or reckless...." Local Rule 83-7. Additionally, "[a]ny attorney... who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys' fees reasonably incurred because of such conduct." 28 U.S.C. 1927. Here, the Court finds Plaintiffs' counsel willfully violated this Court's Local Rules and 28 U.S.C. 1927 by refusing to meet and confer with opposing counsel at a reasonable time, making disparaging comments to opposing counsel, and by needlessly multiplying these proceedings by failing to discuss the potential arguments in Defendants' Motion to Dismiss. Accordingly, the Court sanctions Plaintiffs' counsel $1,000 payable to the United States Treasury. Alternatively, counsel may satisfy the sanction by donating $500 in books to a public elementary school located within a five mile radius of the 1st Street Courthouse. Counsel shall file a declaration signed under penalty of perjury attesting to his compliance with this Order no later than March 22, 2020. (See document for details) (mrgo)
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| Filing 52 RESPONSE filed by Plaintiff Hawthorne Hangar Operations, L.P.to Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, #46 Plaintiffs' Response to OSC and Declaration of Ernest J. Franceschi, Jr. (Attachments: #1 Exhibit, #2 Exhibit)(Franceschi, Ernest) |
| Filing 51 DECLARATION of Douglas L. Stuart re Response, #49 OSC Re Rule 7-3 filed by Defendants Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrly. (Hofer, Stephen) |
| Filing 50 DECLARATION of Stephen R. Hofer re Response, #49 OSC Re Rule 7-3 filed by Defendants Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrly. (Hofer, Stephen) |
| Filing 49 RESPONSE filed by Defendants Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrlyto Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, #46 (Attachments: #1 Declaration OF KIRSTEN STOCKTON, #2 Declaration OF MICHAEL COOPER, #3 Proposed Order)(Stockton, Kirsten) |
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Filing 48
IN CHAMBERS ORDER TAKING MOTION UNDER ADVISEMENT by Judge Percy Anderson. A hearing on the Motion to Dismiss #34 is scheduled for March 8, 2021, at 1:30 p.m. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds this matter appropriate for decision without oral argument. The hearing calendared for March 8, 2021, is vacated and the matter taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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Filing 47
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson re: Joint NOTICE OF MOTION AND MOTION to Dismiss Complaint WITH PREJUDICE PURSUANT TO F.R.C.P RULE 12(b)(1), (3), (5), (6), MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO F.R.C.P RULE 12(e), AND MOTION TO STRIKE PURSUANT TO F.R.C.P RULE 12(f) #29 . Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds these matters appropriate for decision without oral argument. (See document for details). Plaintiffs may file a Supplemental Opposition to the Motion for Partial Summary Judgment no later than March 12, 2021. Defendants may file a Supplemental Reply no later than March 19, 2021. Neither filing shall exceed 10 pages. Compare In re Rothery, 143 F.3d 546, 549 (9th Cir. 1998) ("There is no notice requirement for the conversion [of a Rule 12(b)(6) motion into a Rule 56 motion], but the court must give the parties a reasonable opportunity to present material that would be pertinent under the summary judgement motion."). The matter will be deemed under submission after March 19, 2021. (mrgo)
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Filing 46
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Because counsel failed to comply with Local Rule 7-3, the Court orders counsel for both sides to show cause, in writing no later than March 5, 2021 why they should not be sanctioned for failing to comply with Local Rule 7-3. In addition, no later than March 5, 2021 all counsel for each party shall file a declaration with the Court stating that he/she has completely read the Guidelines and agrees to fully abide by all of its terms. Especially in this time of high numbers of judicial vacancies, attorneys should accept the responsibility of presenting a motion professionally, which necessarily includes full compliance with the Local Rules of the United States District Court for the Central District of California. The Court expects and will accept no less. This order does not apply to counsel for defendant The City of Hawthorne, which was not a party to this Motion. (See document for full details) (mrgo)
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Filing 45
IN CHAMBERS ORDER TAKING PETITION UNDER ADVISEMENT by Judge Percy Anderson. A hearing on the Petition to Compel Arbitration #32 is scheduled for March 1, 2021, at 1:30 p.m. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds this matter appropriate for decision without oral argument. The hearing calendared for March 1, 2021, is vacated and the matter taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY
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| Filing 44 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Defendant City of Hawthorne from the Complaint #34 City of Hawthorne's Reply in Support of City of Hawthorne's Motion to Dismiss filed by Defendant City of Hawthorne. (Lee, Stephen) |
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Filing 43
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Court's own motion, the hearing on the Motion to Dismiss Complaint #29 currently set for February 22, 2021, is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY
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| Filing 42 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST to Strike Plaintiffs' ECF 40 Response in Opposition to Motion, #40 #41 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): A proposed order and/or proposed judgment shall be submitted as a separate attachment to the Motion/Request or to a Notice of Lodging. 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) |
| Filing 41 REQUEST to Strike Plaintiffs' ECF 40 Response in Opposition to Motion, #40 filed by Defendants Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrly. (Stockton, Kirsten) |
| Filing 40 OPPOSITION to Joint NOTICE OF MOTION AND MOTION to Dismiss Complaint WITH PREJUDICE PURSUANT TO F.R.C.P RULE 12(b)(1), (3), (5), (6), MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO F.R.C.P RULE 12(e), AND MOTION TO STRIKE PURSUANT TO F.R.C.P RULE 12(f) #29 Request to Strike Reply Memorandum and Supporting Declarations and Exhibits filed by Plaintiff Dan Wolfe. (Franceschi, Ernest) |
| Filing 39 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Defendant City of Hawthorne from the Complaint #34 filed by Plaintiff Dan Wolfe. (Franceschi, Ernest) |
| Filing 38 REPLY filed by Defendants Levi Stockton, David Wehrly to Joint PETITION to Compel Arbitration #32 (Attachments: #1 Declaration OF KIRSTEN STOCKTON, #2 Exhibit A, #3 Exhibit B)(Stockton, Kirsten) |
| Filing 37 MEMORANDUM in Support of Joint NOTICE OF MOTION AND MOTION to Dismiss Complaint WITH PREJUDICE PURSUANT TO F.R.C.P RULE 12(b)(1), (3), (5), (6), MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO F.R.C.P RULE 12(e), AND MOTION TO STRIKE PURSUANT TO F.R.C.P RULE 12(f) #29 filed by Defendants Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrly. (Attachments: #1 Declaration of Kirsten Stockton, Esq. In Support of F.R.C.P Rule 12 Motions, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Stockton, Kirsten) |
| Filing 36 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Defendant City of Hawthorne from the Complaint #34 . The following error(s) was/were found: The proposed order is directed to the incorrect District Judge. 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) |
| Filing 35 MEMORANDUM in Opposition to Joint PETITION to Compel Arbitration #32 filed by Plaintiff Dan Wolfe. (Franceschi, Ernest) |
| Filing 34 NOTICE OF MOTION AND MOTION to Dismiss Defendant City of Hawthorne from the Complaint filed by Defendant City of Hawthorne. Motion set for hearing on 3/8/2021 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Stephen D. Lee ISO of City of Hawthorne's Motion to Dismiss, #2 Proposed Order on City of Hawthorne's Motion to Dismiss) (Lee, Stephen) |
| Filing 33 MEMORANDUM in Opposition to Joint NOTICE OF MOTION AND MOTION to Dismiss Complaint WITH PREJUDICE PURSUANT TO F.R.C.P RULE 12(b)(1), (3), (5), (6), MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO F.R.C.P RULE 12(e), AND MOTION TO STRIKE PURSUANT TO F.R.C.P RULE 12(f) #29 filed by Plaintiff Hawthorne Hangar Operations, L.P.. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Declaration, #5 Exhibit)(Franceschi, Ernest) |
| Filing 32 Joint PETITION to Compel Arbitration filed by Defendants Levi Stockton, David Wehrly. (Attachments: #1 Declaration of Kirsten Stockton, Esq In Support of Petition, #2 Exhibit A-D to Declaration of Stockton, #3 Request for Judicial Notice In Support of Joint Petition, #4 Exhibit A & B to Request for Judicial Notice, #5 Proposed Order) (Stockton, Kirsten) |
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Filing 31
ORDER ON STIPULATION TO EXTEND TIME FOR CITY OF HAWTHORNE'S RESPONSIVE PLEADING by Judge Percy Anderson re Stipulation Extending Time to Answer (30 days or less), Stipulation for Extension of Time to File, Stipulation for Extension of Time to File Response/Reply, #30 . NOW THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 1. That the City shall have to and including February 5, 2021 to respond to the Complaint. (mrgo)
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| Filing 30 STIPULATION Extending Time to Answer the complaint as to City of Hawthorne answer now due 2/5/2021, re Complaint (Attorney Civil Case Opening), #1 , STIPULATION for Extension of Time to File, STIPULATION for Extension of Time to File Response filed by Defendant City of Hawthorne. (Attachments: #1 Proposed Order [Proposed] Order on Stipulation to Extend Time for City of Hawthone's Responsive Pleading)(Attorney Stephen Daifun Lee added to party City of Hawthorne(pty:dft))(Lee, Stephen) |
| Filing 29 Joint NOTICE OF MOTION AND MOTION to Dismiss Complaint WITH PREJUDICE PURSUANT TO F.R.C.P RULE 12(b)(1), (3), (5), (6), MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO F.R.C.P RULE 12(e), AND MOTION TO STRIKE PURSUANT TO F.R.C.P RULE 12(f) filed by Defendants Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrly. Motion set for hearing on 2/22/2021 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration OF KIRSTEN STOCKTON, #2 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF JOINT MOTION, #3 Proposed Order) (Stockton, Kirsten) |
| Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Stephen R Hofer counsel for Defendants Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrly. Adding Stephen R. Hofer as counsel of record for Hawthorne Airport, LLC, Advanced Air, LLC, David Wehrly, Levi Stockton for the reason indicated in the G-123 Notice. Filed by Defendant Hawthorne Airport, LLC, Advanced Air, LLC, David Wehrly, Levi Stockton. (Hofer, Stephen) |
| Filing 27 Certification and NOTICE of Interested Parties filed by Defendant Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrly, (Attorney Stephen R Hofer added to party Advanced Air, LLC(pty:dft), Attorney Stephen R Hofer added to party Hawthorne Airport, LLC(pty:dft), Attorney Stephen R Hofer added to party Levi Stockton(pty:dft), Attorney Stephen R Hofer added to party David Wehrly(pty:dft))(Hofer, Stephen) |
| Filing 26 Certification and NOTICE of Interested Parties filed by Defendants Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrly, identifying Hawthorne Airport, LLC, Advanced Air, LLC, David Wehrly, Levi Stockton. (Stockton, Kirsten) |
| Filing 25 NOTICE of Appearance filed by attorney Kirsten Elizabeth Stockton on behalf of Defendants Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrly (Stockton, Kirsten) |
| Filing 24 NOTICE of Appearance filed by attorney Kirsten Elizabeth Stockton on behalf of Defendants Advanced Air, LLC, Hawthorne Airport, LLC, Levi Stockton, David Wehrly (Attorney Kirsten Elizabeth Stockton added to party Advanced Air, LLC(pty:dft), Attorney Kirsten Elizabeth Stockton added to party Hawthorne Airport, LLC(pty:dft), Attorney Kirsten Elizabeth Stockton added to party Levi Stockton(pty:dft), Attorney Kirsten Elizabeth Stockton added to party David Wehrly(pty:dft))(Stockton, Kirsten) |
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Filing 23
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom)
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| Filing 22 21 DAY Summons Issued re Complaint #1 as to defendant Hawthorne Airport, LLC. (lom) |
| Filing 21 AMENDED CIVIL COVER SHEET filed by Plaintiff Hawthorne Hangar Operations, L.P.. (Franceschi, Ernest) |
| Filing 20 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Hawthorne Hangar Operations, L.P.. (Franceschi, Ernest) |
| Filing 19 CERTIFICATE of Interested Parties filed by Plaintiffs All Plaintiffs, identifying Hawthorne Hangar Operations, L.P. and Dan Wolfe. (Franceschi, Ernest) |
| Filing 18 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Deficiency in Attorney Case Opening - optional html form, 15 . Document # 15 Due to clerical error. The docket clerk failed to attach the entire image of the new action and for the Notice of Deficiencies selected the wrong event. (ghap) |
| Filing 17 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Subpoena Request (AO 88), Summons Request #5 . The following error(s) was found: Other error(s) with document(s): Incorrect event selected. Correct event to be used is Summons Request. You need not take any action in response to this notice unless and until the Court directs you to do so. (ghap) |
| Filing 16 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) |
| Filing 15 [NOTICE OF CLERICAL ERROR ISSUED ON 11/25/2020, SEE DOCKET ENTRY NO. 18] NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: The Civil Cover Sheet (CV-71)is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule 3-1. Counsel must file a completed Civil Cover Sheet immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) Modified on 11/25/2020 (ghap). Modified on 11/25/2020 (ghap). Modified on 11/25/2020 (ghap). |
| Filing 14 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #2 . The following error(s) was found: Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. On this summons is missing defendant Hawthorne Airport, LLC. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) |
| Filing 13 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant David Wehrly. (ghap) |
| Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Levi Stockton. (ghap) |
| Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant City of Hawthorne. (ghap) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Advanced Air, LLC. (ghap) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Alka Sagar. (ghap) |
| Filing 7 CIVIL COVER SHEET filed by Plaintiff Hawthorne Hangar Operations, L.P.. (Franceschi, Ernest) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Hawthorne Hangar Operations, L.P.. (Franceschi, Ernest) |
| Filing 5 Request for Clerk to Issue Subpoena filed by Plaintiff Hawthorne Hangar Operations, L.P.., Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Hawthorne Hangar Operations, L.P.. (Franceschi, Ernest) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Hawthorne Hangar Operations, L.P.. (Franceschi, Ernest) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Hawthorne Hangar Operations, L.P.. (Franceschi, Ernest) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Hawthorne Hangar Operations, L.P.. (Franceschi, Ernest) |
| Filing 1 COMPLAINT Receipt No: ACACDC-29191842 - Fee: $400, filed by Plaiintiff Hawthorne Hangar Operations, L.P.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Attorney Ernest J Franceschi, Jr added to party Hawthorne Hangar Operations, L.P.(pty:pla))(Franceschi, Ernest) |
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