Charlie DiMaria & Son, Inc. et al v. Cows on Wheels LLC et al
Plaintiff: Mannings Beef, LLC and Charlie DiMaria & Son, Inc.
Defendant: Chris Abercrombie, Cows on Wheels LLC doing business as Cows on Wheels, Does 1-10, Joel Vega, Cows on Wheels, A D B Trucking LLC and Cows on Wheels LLC an expired Arizona limited liability company doing business as Cows on Wheels
Case Number: 2:2021cv00658
Filed: January 25, 2021
Court: US District Court for the Central District of California
Presiding Judge: Patricia Donahue
Referring Judge: John F Walter
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on February 10, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 26, 2021 Filing 19 PROOF OF SERVICE Executed by Plaintiff Charlie DiMaria & Son, Inc., upon Defendant A D B Trucking LLC served on 2/11/2021, answer due 3/4/2021. Service of the Summons and Complaint were executed upon Jose Corrarubio, co-occupant in compliance with statute not specified by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Hirtensteiner, Shannon)
February 19, 2021 Filing 18 RESPONSE filed by Defendants Chris Abercrombie, Cows on Wheels LLCto Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #17 (Attachments: #1 Joint stipulation in support of removing defendants response to OSC why action should not be dismissed for lack of subject matter jurisdiction, #2 Declaration Declaration of Erick Farabee, #3 Declaration Declaration of Chris Abercrombie, #4 Declaration Declaration of Joel Vega)(Prout, Shanen)
February 18, 2021 Opinion or Order Filing 17 MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION by Judge John F. Walter. The Removing Defendants are hereby ordered to show cause, in writing, no later than February 22, 2021, why this action should not be remanded to Los Angeles County Superior Court for lack of subject matter jurisdiction. (iv)
February 17, 2021 Opinion or Order Filing 16 SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 1/14/2022 at 8:00 AM. Court Trial set for 1/25/2022 at 8:30 AM. (iv)
February 17, 2021 Opinion or Order Filing 15 ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on March 1, 2021 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: July 19, 2021. The Joint Report re: Results of Settlement Conference due on: July 23, 2021. (iv)
February 16, 2021 Filing 14 Plaintiffs' CERTIFICATE of Interested Parties filed by Charlie DiMaria & Sons, Inc. All Plaintiffs, identifying Manning's Beef LLC. (Hirtensteiner, Shannon)
February 16, 2021 Filing 13 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-3 days, filed by Defendants Chris Abercrombie, Cows on Wheels LLC.. (Prout, Shanen)
February 3, 2021 Filing 12 DECLARATION of Shannon M. Hirtensteiner Lead Trial Counsel for Plaintiffs filed by Plaintiff Charlie DiMaria & Son, Inc.. (Hirtensteiner, Shannon)
February 2, 2021 Filing 11 DECLARATION of Shanen R. Prout filed by Defendants Chris Abercrombie, Cows on Wheels LLC. (Prout, Shanen)
February 1, 2021 Filing 10 ANSWER to Complaint - (Discovery), filed by defendant Cows on Wheels LLC.(Prout, Shanen)
February 1, 2021 Filing 9 ANSWER to Complaint - (Discovery), with JURY DEMAND filed by defendant Chris Abercrombie.(Prout, Shanen)
January 27, 2021 Opinion or Order Filing 8 MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for March 1, 2021 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before February 16, 2021. (iv)
January 27, 2021 Opinion or Order Filing 7 STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
January 27, 2021 Filing 6 TEXT ONLY ENTRY ORDER DISMISSING DOES: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 20, inclusive.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
January 26, 2021 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
January 26, 2021 Filing 4 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Patricia Donahue. (esa)
January 25, 2021 CONFORMED COPY OF COMPLAINT against defendants A D B Trucking LLC, Chris Abercrombie, Cows on Wheels, Cows on Wheels LLC, Does, Joel Vega, filed by plaintiffs Mannings Beef, LLC, Charlie DiMaria & Son, Inc. (filed in state court 11/30/20, submitted as document 1, attachment 2) (esa)
January 25, 2021 CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiffs Mannings Beef, LLC, Charlie DiMaria & Son, Inc., upon Defendant Cows on Wheels LLC served on 12/16/2020. Service of the Summons and Complaint were executed upon Shane Turley, Authorized to Accept Documents, in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (filed in state court 12/21/20, submitted as document 1, attachment 1, p. 36) (esa)
January 25, 2021 CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiffs Mannings Beef, LLC, Charlie DiMaria & Son, Inc., upon Defendant Chris Abercrombie served on 1/9/2021. Service of the Summons and Complaint were executed upon Adam Doe, Employee-Co-worker in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (filed in state court 1/15/21, submitted as document 1, attachment 1, p. 42) (esa)
January 25, 2021 CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Mannings Beef, LLC, Charlie DiMaria & Son, Inc., upon Defendant Cows on Wheels served on 12/16/2020. Service of the Summons and Complaint were executed upon Shane Turley, Authorized to Accept Documents, in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (filed in state court 12/21/20, submitted as document 1, attachment 1, p. 39) (esa)
January 25, 2021 Filing 3 NOTICE of Interested Parties filed by defendants Chris Abercrombie, Cows on Wheels LLC, identifying Cows On Wheels LLC and Chris Abercrombie. (Prout, Shanen)
January 25, 2021 Filing 2 CIVIL COVER SHEET filed by Defendants Chris Abercrombie, Cows on Wheels LLC. (Prout, Shanen)
January 25, 2021 Filing 1 NOTICE OF REMOVAL from Superior Court of California for Los Angeles County, case number 20STCV45649 Receipt No: ACACDC-30216142 - Fee: $402, filed by defendants Cows on Wheels LLC, Chris Abercrombie. (Attachments: #1 Declaration of Shanen R. Prout, #2 Complaint, #3 Summons, #4 Proof of service of Cows on Wheels, #5 Proof of service of Cows on Wheels LLC, #6 Proof of service of Chris Abercrombie) (Attorney Shanen Reid Prout added to party Chris Abercrombie(pty:dft), Attorney Shanen Reid Prout added to party Cows on Wheels LLC(pty:dft))(Prout, Shanen)

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Plaintiff: Mannings Beef, LLC
Represented By: Shannon Marie Hirtensteiner
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Plaintiff: Charlie DiMaria & Son, Inc.
Represented By: Shannon Marie Hirtensteiner
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Defendant: Chris Abercrombie
Represented By: Shanen Reid Prout
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Defendant: Cows on Wheels LLC doing business as Cows on Wheels
Represented By: Shanen Reid Prout
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Defendant: Does 1-10
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Defendant: Joel Vega
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Defendant: Cows on Wheels
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Defendant: A D B Trucking LLC
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Defendant: Cows on Wheels LLC an expired Arizona limited liability company doing business as Cows on Wheels
Represented By: Shanen Reid Prout
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