The Fred R. Gumbineer Living Trust, Inc., et al v. Kronos Advanced Technologies, Inc.
| The Fred Gumbineer Living Trust, Fred Gumbinner and Richard A. Sun |
| Kronos Advanced Technologies, Inc. |
| KRONOS ADVANCED TECHNOLOGIES, INC and kronos advanced technologies. inc. |
| 2:2021cv00547 |
| January 20, 2021 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| John E McDermott |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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Filing 34
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 the MOTION TO REMAND OR TRANSFER VENUE #22 appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for March 22, 2021 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
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Filing 33
ORDER by Judge Michael W. Fitzgerald. The Court has reviewed Plaintiffs' Ex Parte Application #32 . The Application is GRANTED. The hearing date of March 22, 2021, is VACATED for Defendant's Motion for Judgment on the Pleadings (MJP) #20 . A briefing schedule and hearing date on the MJP will be set at a later date after the Court rules on Plaintiffs' Motion to Remand #22 . The Remand Motion will remain on calendar for hearing on March 22, 2021 at 10:00 a.m. Counsel are permitted to appear by phone for the hearing, as no in-person civil hearings are taking place in this District. (See General Order 20-09 5). The hearing dial-in information will be docketed a few days in advance of the hearing date. Counsel are reminded to review this District's Local Rules and General Orders before filing future applications for relief. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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| Filing 32 EX PARTE APPLICATION to Continue Hearing Date of Defendant's motion for judgment on the pleadings (Dkt. No. 20) from March 22, 2021 to Until some point in time after Plaintiffs' motion to remand is decided or, in the alternative, June 22, 2021 Re: First NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Complaint Filed by Plaintiff, The Fred R. Gumbineer Living Trust, Inc., Fred Gumbineer, Trustee and Richard A. Sun #20 filed by Plaintiffs Fred Gumbinner, Richard A. Sun, The Fred Gumbineer Living Trust. (Attachments: #1 Proposed Order, #2 Memorandum, #3 Declaration) (Giunta-Popeil, Lisa) |
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Filing 31
ORDER by Judge Michael W. Fitzgerald: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Letter/Request #30 for the following reasons: See Local Rule 83-2.5 regarding letters to the judge. (iv)
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| Filing 30 **STRICKEN** REQUEST to Stay pending Resolution of Plaintiffs' remand motion (Dkt. Nos. 22, 26-28) Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #8 , REQUEST for Extension of Time to File Response to Court Order of 2/10/21 (Dkt. No. 8) and Defendant's motion for judgment on the pleadings (Dkt. No. 20), REQUEST to hold case in abeyance pending Resolution of Plaintiffs' remand motion (Dkt. Nos. 22, 26-28) , REQUEST for Leave of Plaintiffs to Appear for oral argument on Plaintiffs' remand motion by telephone or video conference on March 22, 2021 filed by Plaintiffs Fred Gumbinner, Richard A. Sun, The Fred Gumbineer Living Trust. (Giunta-Popeil, Lisa) Modified on 2/22/2021 Per Order #31 (iv). |
| Filing 29 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proposed Order #28 . The following error(s) was/were found: [PROPOSED ORDERS] Correct Event- Civil Events - Other Filings - Notices- Notice of Lodging. This document is tendered for the judges approval and should have been submitted as a separate PDF attachment to a Notice of Lodging L.R.5-4.4-1. A Word or Wordperfect version of the proposed order should be emailed to the chambers generic email address. 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. (iv) |
| Filing 28 EXHIBIT to NOTICE OF MOTION AND MOTION to Remand Case to Supreme Court of New York #22 (PROPOSED ORDER) filed by Plaintiffs Fred Gumbinner, Richard A. Sun, The Fred Gumbineer Living Trust. (Giunta-Popeil, Lisa) |
| Filing 27 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Remand Case to Supreme Court of New York #22 filed by Plaintiffs Fred Gumbinner, Richard A. Sun, The Fred Gumbineer Living Trust. (Giunta-Popeil, Lisa) |
| Filing 26 DECLARATION of Jerome Reisman, Esq. in support of NOTICE OF MOTION AND MOTION to Remand Case to Supreme Court of New York #22 filed by Plaintiffs Fred Gumbinner, Richard A. Sun, The Fred Gumbineer Living Trust. (Attachments: #1 Exhibit 1 (Affidavit of Service), #2 Exhibit 2 (Email to Applbaum 12/16/20), #3 Exhibit 3 (Emails 12/24/20 to 1/14/21), #4 Exhibit 4 (Notice of Removal), #5 Exhibit 5 (Email from Edgemont 1/21/21), #6 Exhibit 6 (Letter to Applbaum and Edgemont 1/25/21), #7 Exhibit 7 (Emails 1/29/21 to 2/3/21), #8 Exhibit 8 (State Court Docket as of 2/11/21))(Giunta-Popeil, Lisa) |
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Filing 25
ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Lisa Giunta-Popeil to Appear Pro Hac Vice on behalf of Plaintiff The Fred R. Gumbineer Living Trust; Fred Gumbineer, Trustee; and Richard A. Sun, designating Antonio Sarabia as local counsel #19 . (iv)
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| Filing 24 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Applications to Appear Pro Hac Vice #18 , #19 by Judge Michael W. Fitzgerald. The document is accepted as filed. (iv) |
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Filing 23
ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Jerome Reisman to Appear Pro Hac Vice on behalf of Plaintiff The Fred R. Gumbineer Living Trust; Fred Gumbineer, Trustee; and Richard A. Sun, designating Antonio Sarabia as local counsel #18 . (iv)
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| Filing 22 NOTICE OF MOTION AND MOTION to Remand Case to Supreme Court of New York filed by plaintiff Fred Gumbinner, Richard A. Sun, The Fred Gumbineer Living Trust. Motion set for hearing on 3/22/2021 at 10:00 AM before Judge Michael W. Fitzgerald. (Sarabia, Antonio) |
| Filing 21 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: EX PARTE APPLICATION of Non-Resident Attorney Lisa A. Giunta-Popeil to Appear Pro Hac Vice on behalf of Plaintiffs Fred Gumbinner, Richard A. Sun, The Fred Gumbineer Living Trust (Pro Hac Vice Fee - $500 Previously Paid on 2/15/2021, Receipt No #19 , EX PARTE APPLICATION of Non-Resident Attorney Jerome Reisman to Appear Pro Hac Vice on behalf of Plaintiffs Fred Gumbinner, Richard A. Sun, The Fred Gumbineer Living Trust (Pro Hac Vice Fee - $500 Previously Paid on 2/15/2021, Receipt No. 30544 #18 . The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) Other error(s) with document(s): Document is an Application, not an Ex Parte document. Case information is incomplete. DJ and MJ initials missing. (lt) |
| Filing 20 First NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Complaint Filed by Defendant Kronos Advanced Technologies, Inc. Motion set for hearing on 3/22/2021 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Applbaum, Marc) Modified on 2/24/2021 (smom). |
| Filing 19 EX PARTE APPLICATION of Non-Resident Attorney Lisa A. Giunta-Popeil to Appear Pro Hac Vice on behalf of Plaintiffs Fred Gumbinner, Richard A. Sun, The Fred Gumbineer Living Trust (Pro Hac Vice Fee - $500 Previously Paid on 2/15/2021, Receipt No. 30544506) filed by plaintiff Fred Gumbinner, Richard A. Sun, The Fred Gumbineer Living Trust. (Attachments: #1 Proposed Order Pro Hac Vice) (Sarabia, Antonio) |
| Filing 18 EX PARTE APPLICATION of Non-Resident Attorney Jerome Reisman to Appear Pro Hac Vice on behalf of Plaintiffs Fred Gumbinner, Richard A. Sun, The Fred Gumbineer Living Trust (Pro Hac Vice Fee - $500 Previously Paid on 2/15/2021, Receipt No. 30544484) filed by plaintiff Fred Gumbinner, Richard A. Sun, The Fred Gumbineer Living Trust. (Attachments: #1 Proposed Order Pro Hac Vice) (Sarabia, Antonio) |
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Filing 17
ORDER by Judge Michael W. Fitzgerald: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Motion to Dismiss #13 , Pro Hac Vice Applications #14 , #15 for the following reasons: Incorrect event selected. Proposed Document was not submitted as separate attachment. (iv)
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| Filing 16 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application #14 #15 . The following error(s) was/were found: Incorrect event selected. Correct event is: Applications/Ex Parte Applications/Motions/Petitions/Requests.. Application.. Appear Pro Hac Vice (G-64). Case information is incomplete. DJ and MJ initials missing. (Thrasher, Lupe) |
| Filing 15 **STRICKEN** RESPONSE filed by Pro Hac Vice attorney Antonio R. Sarabia, II on behalf of Plaintiffs Fred Gumbinner, Richard A. Sun, The Fred Gumbineer Living Trust. RE: $500. (Sarabia, Antonio) Modified on 2/16/2021 Per Order #17 (iv). |
| Filing 14 **STRICKEN** RESPONSE filed by Pro Hac Vice attorney Antonio R. Sarabia, II on behalf of Plaintiffs Fred Gumbinner, Richard A. Sun, The Fred Gumbineer Living Trust. RE: $500. (Sarabia, Antonio) Modified on 2/16/2021 Per Order #17 (iv). |
| PHV FEE PAID for Non-Resident Attorney Lisa A. Giunta-Popeil Application to Appear Pro Hac Vice. Receipt No. ACACDC-30544506 for $500 pro hac vice fee. (Sarabia, Antonio) |
| PHV FEE PAID for Non-Resident Attorney Jerome Reisman Application to Appear Pro Hac Vice. Receipt No. ACACDC-30544484 for $500 pro hac vice fee. (Sarabia, Antonio) |
| Filing 13 **STRICKEN** ANSWER to Complaint - (Discovery) Motion to Dismiss or in the Alternative Judgment on the Pleadings filed by Defendant Kronos Advanced Technologies, Inc..(Applbaum, Marc) Modified on 2/16/2021 Per Order #17 (iv). |
| Filing 12 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Pro Hac Vice Applications #9 , #10 by Judge Michael W. Fitzgerald. The document is stricken and counsel is ordered to file an amended or corrected document by 2/17/2021. (iv) |
| Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Response to Notice of Fee Due on Pro Hac Vice Application #10 , Response to Notice of Fee Due on Pro Hac Vice Application #9 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events; Applications; Appear Pro Hac Vice (G-64). Other error(s) with document(s): The application fee has not been paid. 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. (sbou) |
| Filing 10 **STRICKEN** RESPONSE filed by Pro Hac Vice attorney Antonio R Sarabia, II on behalf of Plaintiffs Fred Gumbinner, Richard A. Sun, The Fred Gumbineer Living Trust. RE: 500. (Sarabia, Antonio) Modified on 2/12/2021 Per Response #12 (iv). |
| Filing 9 **STRICKEN** RESPONSE filed by Pro Hac Vice attorney Antonio R Sarabia, II on behalf of Plaintiffs Fred Gumbinner, Richard A. Sun, The Fred Gumbineer Living Trust. RE: 500. (Sarabia, Antonio) Modified on 2/12/2021 Per Response #12 (iv). |
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Filing 8
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald. The Court ORDERS Plaintiff to show cause why this action should not be dismissed for lack of prosecution. In response to this Order to Show Cause, the Court will accept the following no later than FEBRUARY 22, 2021. BY DEFENDANT: RESPONSE TO THE COMPLAINT OR BY PLAINTIFF: APPLICATION FOR CLERK TO ENTER DEFAULT. Failure to respond to the Order to Show Cause by FEBRUARY 22, 2021 will result in the dismissal of this action. (iv)
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| Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jerome Reisman. 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. (esa) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge John E. McDermott. (esa) |
| CONFORMED COPY OF COMPLAINT against defendant Kronos Advanced Technologies, Inc., filed by plaintiffs The Fred Gumbineer Living Trust, Richard A. Sun, Fred Gumbinner. (filed in state court 11/16/20, submitted as document 1, attachment 1, p. 4) (esa) |
| Filing 4 NOTICE OF INTERESTED PARTIES filed by DEFENDANT KRONOS ADVANCED TECHNOLOGIES, INC. (Applbaum, Marc) |
| Filing 3 NOTICE TO ADVERSE PARTY OF REMOVAL filed by Defendant kronos advanced technologies. inc.. (Applbaum, Marc) |
| Filing 2 CIVIL COVER SHEET filed by Movant kronos advanced technologies. inc.. (Applbaum, Marc) |
| Filing 1 NOTICE OF REMOVAL from New York, case number 656315/2020 Receipt No: ACACDC-30145321 - Fee: $402. (Attachments: #1 Exhibit) (Attorney Marc Applbaum added to party kronos advanced technologies. inc. (pty:bkmov))(Applbaum, Marc) |
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