Bakemark USA, LLC v. Javier Navarro et al
| Bakemark USA, LLC |
| DOES 1 through 50, inclusive, Gary Hardgrove, Capitol Distribution Company, LLC doing business as Capitol Food Co., Roy Bahner, Javier Navarro, Jeffrey Klein, Sunrise Food Service, Inc., Capitol Distribution Company, LLC California limited liability company doing business as Capitol Food Co., Boyd Mulloy and Thomas Altavilla |
| 2:2021cv02499 |
| March 22, 2021 |
| US District Court for the Central District of California |
| John A Kronstadt |
| Alicia G Rosenberg |
| Defend Trade Secrets Act (of 2016) |
| Plaintiff |
Docket Report
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| Filing 165 MINUTES OF VIDEO DISCOVERY CONFERENCE RE: BAKEMARK USA, LLC'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS granting in part #159 Motion to Compel; Motion Hearing held before Magistrate Judge Alicia G. Rosenberg. (see document for details) Court Recorder: CS 06/09/2023. (hr) |
| Filing 164 STIPULATION to Continue Trial and Pre-Trial Conference from September 26, 2023 to November 7, 2023 filed by Plaintiff and Counter-Defendant Bakemark USA, LLC. (Attachments: #1 Declaration of Jayesh Patel in Support of Stipulation for Continuance of Trial and Pre-Trial Conference, #2 Proposed Order Granting Stipulation for Continuance of Trial and Pre-Trial Conference)(Ganji, Chakameh) |
Filing 163
ORDER RE STIPULATION FOR CONTINUANCE OF TRIAL AND PRE-TRIAL CONFERENCE (DKT. 162) by Judge John A. Kronstadt #162 . Based on a review of the Stipulation for Continuance of Trial and Pre-Trial Conference (the Stipulation (Dkt. 162)) and the Declaration of Theodore E. Bacon, sufficient good cause has been shown for the requested relief. Therefore, the Stipulation is APPROVED IN PART, with modified dates. The final pretrial conference is continued to September 11, 2023, at 8:30 a.m.; and the trial to September 26, 2023, at 9:00 a.m. All associated documents for the final pretrial conference shall be timely filed on or before August 28, 2023 in accordance with the standing order. IT IS SO ORDERED. (yl)
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| Filing 162 STIPULATION to Continue Trial and Pre-Trial Conference Re: Stipulation and Order,,, Set/Reset Deadlines/Hearings,, #136 filed by defendants Sunrise Food Service, Inc.. (Attachments: #1 Declaration Theodore E. Bacon, #2 Proposed Order)(Bacon, Theodore) |
| Filing 161 SUPPLEMENT to MOTION to Compel Production of Documents #159 filed by Plaintiff Bakemark USA, LLC, Counter Defendant Bakemark USA, LLC. (Attachments: #1 Declaration of Chakameh Ganji in Support of BakeMark USA, LLC's Supplemental Memorandum in Support of Motion to Compel Production of Documents)(Ganji, Chakameh) |
| Filing 160 SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. At the Court's own motion, the hearing re: MOTION to Compel Production of Documents #159 is RESCHEDULED to Friday, June 9, 2023, at 10:00 a.m. PT. The hearing will be held by video using Zoom. The steps to access the Zoom webinar are available on Judge Rosenberg's Procedures & Schedules page (www.cacd.uscourts.gov/honorable-alicia-g-rosenberg). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY |
| Filing 159 NOTICE OF MOTION AND MOTION to Compel Production of Documents filed by Plaintiff and Counter-Defendant Bakemark USA, LLC. Motion set for hearing on 6/6/2023 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: #1 Joint Stipulation Re: BakeMark USA, LLC's Motion to Compel Production of Documents, #2 Declaration of Chakameh Ganji in Support of BakeMark USA, LLC's Motion to Compel Production of Documents)(Ganji, Chakameh) |
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Filing 158
ORDER RE STIPULATION FOR DEFENDANTS TO PROVIDE INFORMATION IN LIEU OF VERIFIED RESPONSES TO DISCOVERY OR DECLARATIONS AS TO CERTAIN MATTERS (DKT. 157) by Judge John A. Kronstadt. Based on a review of the parties' Stipulation for Defendants to Provide Information in Lieu of Verified Responses to Discovery or Declarations as to Certain Matters, sufficient good cause has been shown for the requested relief. Therefore, the Stipulation is APPROVED. (See document for further details) (yl)
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| Filing 157 STIPULATION for Discovery as to Provide Information in Lieu of Verified Responses to Discovery or Declarations as to Certain Matters filed by Plaintiff and Counter-Defendant Bakemark USA, LLC. (Attachments: #1 Proposed Order)(Ganji, Chakameh) |
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Filing 156
(IN CHAMBERS) ORDER RE MOTION TO DISMISS DEFENDANT'S #110 by Judge John A. Kronstadt. For the reasons stated in this Order, the Motion is GRANTED. Defendants third counterclaim for common law unfair competition is dismissed without prejudice, i.e., with leave to amend. Any amended counterclaim shall be filed within 14 days of the issuance of this Order. (See document for further details) (yl)
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Filing 155
ORDER RE STIPULATION TO EXCHANGE DOCUMENTS RELEVANT TO DAMAGES AT TIME OF INITIAL EXPERT DISCLOSURES (DKT. #151 ) by Judge John A. Kronstadt. It is ordered as follows: The parties may produce and exchange documents relevant to their claimed damages at or before the time of their initial expert disclosures, due April 6, 2023. (lom)
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| Filing 154 STATUS REPORT Joint Report re: Status and Whether Settlement Conference Would be Useful filed by Plaintiff Bakemark USA, LLC, Counter Defendant Bakemark USA, LLC. (Ganji, Chakameh) |
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Filing 153
ORDER RE STIPULATION TO CONDUCT DEPOSITION OF STEVEN KODO AFTER DISCOVERY CUTOFF (DKT. #152 ) by Judge John A. Kronstadt. Based on a review of the parties' Stipulation to Conduct Deposition of Steven Kodo After Discovery Cutoff, sufficient good cause has been shown for the requested relief. Therefore, the Stipulation is APPROVED. The deposition of Sunrise Food Service Inc.s President and CEO, Steven Kodo, may be conducted on April 7, 2023. IT IS SO ORDERED. (yl)
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| Filing 152 STIPULATION for Discovery as to Conduct Deposition of Steven Kodo After Discovery Cutoff filed by Plaintiff and Counter- Defendant Bakemark USA, LLC. (Attachments: #1 Declaration of Chakameh Ganji in Support of Stipulation to Conduct Deposition of Steven Kodo After Discovery Cutoff, #2 Proposed Order Granting Stipulation to Conduct Deposition of Steven Kodo After Discovery Cutoff)(Ganji, Chakameh) |
| Filing 151 STIPULATION for Discovery as to Exchange Documents Relevant to Damages at Time of Initial Expert Disclosures filed by Plaintiff and Counter- Defendant Bakemark USA, LLC. (Attachments: #1 Declaration of Chakameh Ganji in Support of Stipulation to Exchange Documents Relevant to Damages at Time of Initial Expert Disclosures, #2 Proposed Order Granting Stipulation to Exchange Documents Relevant to Damages at Time of Initial Expert Disclosures)(Ganji, Chakameh) |
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Filing 150
ORDER RE STIPULATION TO CONDUCT DEPOSITION OF WITNESS THE DAY AFTER DISCOVERY CUTOFF (DKT. 148) by Judge John A. Kronstadt, re Stipulation for Discovery #148 . the Stipulation is APPROVED. The deposition of Sunrise Food Service Inc.' s President and CEO, Steven Kodo, may be conducted on March 24, 2023. (et)
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Filing 149
ORDER RE STIPULATION TO CONDUCT DEPOSITION OF WITNESS AFTER DISCOVERY CUTOFF (DKT. 145) by Judge John A. Kronstadt, the Stipulation is APPROVED. The deposition of BakeMark employee, Tony Marquez, may be conducted after the current discovery cut-off of March 23, 2023 #145 . (pj)
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| Filing 148 STIPULATION for Discovery as to Conduct Deposition of Witness the Day After Discovery Cutoff filed by Plaintiff and Counter- Defendant Bakemark USA, LLC. (Attachments: #1 Declaration of Chakameh Ganji in Support of Stipulation to Conduct Deposition of Witness the Day After Discovery Cutoff, #2 Proposed Order Granting Stipulation to Conduct Deposition of Witness the Day After Discovery Cutoff)(Ganji, Chakameh) |
| Filing 147 NOTICE of Change of Attorney Business or Contact Information: for attorney Jacob M. Clark counsel for Defendant Sunrise Food Service, Inc.. Filed by Defendant Sunrise Food Service, Inc.. (Clark, Jacob) |
| Filing 146 NOTICE of Change of Attorney Business or Contact Information: for attorney Theodore E Bacon counsel for Defendant Sunrise Food Service, Inc.. Filed by Defendant Sunrise Food Service, Inc.. (Bacon, Theodore) |
| Filing 145 STIPULATION for Discovery as to Conduct Deposition of Witness After Discovery Cutoff filed by Plaintiff and Counter- Defendant Bakemark USA, LLC. (Attachments: #1 Declaration of Chakameh Ganji in Support of Stipulation to Conduct Deposition of Witness After Discovery Cutoff, #2 Proposed Order Granting Stipulation to Conduct Deposition of Witness After Discovery Cutoff)(Ganji, Chakameh) |
| Filing 144 MINUTES OF VIDEO DISCOVERY CONFERENCE held before Magistrate Judge Alicia G. Rosenberg. Settling Motion for Order #143 . (See Order for Further Details). Court Recorder: CS 02/14/2023. (kl) |
| Filing 143 MOTION RE: INFORMAL DISCOVERY DISPUTE. (kl) |
| Filing 142 SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. Per Judge Rosenberg's Order #141 , the court sets a continued video discovery conference for Tuesday, February 14, 2023, at 11:00 a.m. PT by Zoom. The steps to access the Zoom webinar are available on Judge Rosenberg's Procedures & Schedules page (www.cacd.uscourts.gov/honorable-alicia-g-rosenberg). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY |
| Filing 141 MINUTES OF VIDEO DISCOVERY CONFERENCE re #139 Joint Agenda, #140 Motion Re: Informal Discovery Dispute; Telephone Conference held before Magistrate Judge Alicia G. Rosenberg. IT IS ORDERED that: 1. Defendants Navarro, Klein and Mulloy shall identify all email accounts they used for the period January 1, 2018 through the present by February 14, 2023.2. Counsel shall confer regarding the remaining items in dispute by February 6, 2023. 3. The video discovery conference is continued to February 14, 2023 at 11 a.m. by zoom. (see document for further details) Court Recorder: CS 02/01/2023. (hr) |
| Filing 140 MOTION RE: INFORMAL DISCOVERY DISPUTE (kl) |
| Filing 139 JOINT REPORT of RE: DISCOVERY DISPUTES filed by Plaintiff Bakemark USA, LLC, Counter Defendant Bakemark USA, LLC. (Ganji, Chakameh) |
| Filing 138 AMENDED SCHEDULING NOTICE RE: (Dkt. 137) by Magistrate Judge Alicia G. Rosenberg. At the request of the plaintiff, the court sets a video discovery conference for Wednesday, February 1, 2023, at 11:00 a.m. PT by Zoom. A joint agenda that lists the discovery issues must be filed on or before noon PT on Tuesday, January 31, 2023. No argument should be included in the joint agenda. When filing the joint agenda, counsel is directed to use the "Discovery Motions - Order re Discovery Matter" event. The steps to access the Zoom webinar are available on Judge Rosenberg's Procedures & Schedules page (www.cacd.uscourts.gov/honorable-alicia-g-rosenberg). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY |
| Filing 137 SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. At the request of the plaintiff, the court sets a video discovery conference for Wednesday, February 1, 2023, at 1:00 a.m. PT by Zoom. A joint agenda that lists the discovery issues must be filed on or before noon PT on Tuesday, January 31, 2023. No argument should be included in the joint agenda. When filing the joint agenda, counsel is directed to use the "Discovery Motions - Order re Discovery Matter" event. The steps to access the Zoom webinar are available on Judge Rosenberg's Procedures & Schedules page (www.cacd.uscourts.gov/honorable-alicia-g-rosenberg). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY |
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Filing 136
ORDER RE STIPULATION FOR EXTENSION OF PRETRIAL DEADLINES AND CONTINUANCE OF TRIAL (DKT. #134 ) by Judge John A. Kronstadt. Certain deadlines are amended as follows: Non-Expert Discovery Cut-Off March 23, 2023; Parties to file joint report re: status and whether further settlement conference would be useful April 4, 2023; Initial Expert Disclosures April 6, 2023; Rebuttal Expert Disclosures April 20, 2023; Expert Discovery Cut-Off May 4, 2023; Last day to file All Motions (including discovery motions) May 18, 2023; Final Pretrial Conference July 17, 2023; Trial July 31, 2023. (lom)
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| Filing 135 JOINT STATUS REPORT of Whether Settlement Conference Would Be Useful filed by Plaintiff Bakemark USA, LLC, Counter Defendant Bakemark USA, LLC. (Ganji, Chakameh) |
| Filing 134 STIPULATION to Continue Trial and Pre-Trial Deadlines from May 2, 2023 to July 31, 2023 Re: Order,,, Set/Reset Deadlines/Hearings,, #130 filed by defendants Sunrise Food Service, Inc.. (Attachments: #1 Declaration of Theodore E. Bacon in Support thereof, #2 Proposed Order)(Bacon, Theodore) |
| Filing 133 SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. At the parties' request, the video discovery conference on December 20, 2022 at 3:30 p.m. (Dkt. Nos. 131 & #132 ) is VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY |
| Filing 132 NOTICE OF MOTION AND MOTION for Order for Discovery JOINT Report Re: Discovery Disputes filed by Plaintiff and Cross-Defendant Bakemark USA, LLC. Telephone Conference set for 12/20/2022 03:30 PM before Magistrate Judge Alicia G. Rosenberg. (Ganji, Chakameh) |
| Filing 131 SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. At the request of the plaintiff, the court sets a video discovery conference for Tuesday, December 20, 2022, at 3:30 p.m. PT by Zoom. A joint agenda that lists the discovery issues must be filed on or before noon PT on Monday, December 19, 2022. No argument should be included in the joint agenda. When filing the joint agenda, counsel is directed to use the "Discovery Motions - Order re Discovery Matter" event. The steps to access the Zoom webinar are available on Judge Rosenberg's Procedures & Schedules page (www.cacd.uscourts.gov/honorable-alicia-g-rosenberg). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY |
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Filing 130
ORDER RE STIPULATION FOR EXTENSION OF PRETRIAL DEADLINES by Judge John A. Kronstadt. Therefore, the Stipulation is APPROVED as follows: Outstanding discovery issues and issues with respect to newly discovered information will be resolved by November 15, 2022. If the parties are unable to resolve any of these issues by then, the parties will submit the issues to the Magistrate by December 9, 2022. Depositions with respect to BakeMark's claims and Sunrise's counterclaims, if still remaining, will be completed by December 23, 2022. Certain deadlines set forth in the Courts November 1, 2022 Order (Dkt. No. 128) and the deadlines set forth in the Courts October 11, 2022 Order (See document for further details) (yl)
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| Filing 129 Joint STIPULATION to Extend Discovery Cut-Off Date to December 23, 2022 filed by Plaintiff and Cross-Defendant Bakemark USA, LLC. (Attachments: #1 Declaration of Chakameh Ganji in Support of Stipulation for Extension of Pretrial Deadlines, #2 Proposed Order Granting Joint Stipulation for Extension of Pretrial Deadlines)(Ganji, Chakameh) |
| Filing 128 PLAINTIFF AND CROSS-DEFENDANT'S MOTION TO DISMISS DEFENDANTS COUNTERCLAIM (COUNT Ill) PURSUANT TO FED. R. CIV. P. 12(8)(6) (Dkt. 110) held before Judge John A. Kronstadt. The Court takes the Motion UNDER SUBMISSION and a ruling will be issued. The Court inquires whether a further settlement conference would be productive at this time. On or before December 5, 2022, the parties shall file a joint report stating their collective and/or respective positions regarding whether it would be productive to engage in a further settlement conference. Trial is set for May 2, 2023. The Final Pretrial Conference is set for April 17, 2023. Counsel are directed to refer to the Standing Order for associated deadlines. IT IS SO ORDERED. Court Reporter: Miriam Baird. (yl) |
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Filing 127
SCHEDULING NOTICE: (IN CHAMBERS) ORDER CONFIRMING THE TIME FOR MOTION TO DISMISS DEFENDANT'S COUNTERCLAIM (COUNT III) PURSUANT TO FRCP 12(b)(6) #110 HEARING by Judge John A. Kronstadt: The TIME of the Motion hearing is CONFIRMED for 12:15 p.m., on October 24, 2022. The hearing will proceed in-person at the First Street Courthouse, Courtroom 10B. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY
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Filing 126
(IN CHAMBERS) TEXT-ONLY ORDER ADVANCING PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIM (DKT. #110 ) by Judge John A. Kronstadt: Pursuant to the Order re Stipulation for Third Extension of Pretrial Deadlines (Dkt. #125 ), Plaintiff's Motion to Dismiss Defendant's Counterclaim (Dkt. #110 ) is advanced from November 21, 2022 to October 24, 2022, at a time to be set when the calendar for that date is finalized.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (abi) TEXT ONLY ENTRY
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Filing 125
ORDER RE STIPULATION FOR THIRD EXTENSION OF PRETRIAL DEADLINES (DKT. 124) by Judge John A. Kronstadt. The Stipulation is APPROVED IN PART. The August 9, 2022 Order (Dkt. 120) is amended as follows: Non-Expert Discovery Cut-Off is 11/2/2022, the last day to file all motions is 1/23/2023. (See document for further details) (yl)
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| Filing 124 Joint STIPULATION to Extend Discovery Cut-Off Date to April 21, 2023 filed by Plaintiff and Cross-Defendant Bakemark USA, LLC. (Attachments: #1 Declaration of Chakameh Ganji in Support of Stipulation for Third Extension of Pretrial Deadlines, #2 Proposed Order Granting Joint Stipulation for Third Extension of Pretrial Deadlines)(Ganji, Chakameh) |
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Filing 123
(IN CHAMBERS) TEXT-ONLY ORDER CONTINUING PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIM (DKT. #110 ) by Judge John A. Kronstadt: The Court, on its own motion, continues Plaintiff's Motion to Dismiss Defendant's Counterclaim (Dkt. #110 ) from September 26, 2022 to November 21, 2022 at a time to be set when the calendar for that date is finalized. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (abi) TEXT ONLY ENTRY
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Filing 122
ORDER RE STIPULATION FOR DISMISSAL WITHOUT PREJUDICE OF DEFENDANT THOMAS ALTAVILLA ONLY #121 by Judge John A. Kronstadt. Pursuant to the parties Stipulation for Dismissal Without Prejudice of Defendant Thomas Altavilla Only (the Stipulation (Dkt. 121)), this action is hereby dismissed without prejudice as to Defendant Thomas Altavilla only. Each party shall bear its own fees and costs. This dismissal does not apply to the other named defendants in the action. IT IS SO ORDERED. (rolm)
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| Filing 121 STIPULATION to Dismiss Defendant Thomas Altavilla filed by Plaintiff and Cross-Defendant Bakemark USA, LLC. (Attachments: #1 Proposed Order Granting Stipulation for Dismissal Without Prejudice of Defendant Thomas Altavilla Only)(Karama, Jacqueline) |
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Filing 120
ORDER RE PLAINTIFF BAKEMARK USA, LLC'S EX PARTE APPLICATION FOR ORDER CONTINUING PRETRIAL DEADLINES OR, IN THE ALTERNATIVE, AN ORDER SHORTENING TIME FOR HEARING ON MOTION TO CONTINUE PRETRIAL DEADLINES (DKT. #118 ) by Judge John A. Kronstadt. The Application is GRANTED. (See document for further details)(yl)
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| Filing 119 OPPOSITION re: EX PARTE APPLICATION to Continue Pretrial Deadlines from August 12, 2022 to November 10, 2022 #118 filed by Defendant Sunrise Food Service, Inc.. (Bacon, Theodore) |
| Filing 118 EX PARTE APPLICATION to Continue Pretrial Deadlines from August 12, 2022 to November 10, 2022 filed by Plaintiff and Cross-Defendant Bakemark USA, LLC. (Attachments: #1 Declaration of Jayesh Patel in Support of Ex Parte Application) (Karama, Jacqueline) |
| Filing 117 Notice of Appearance or Withdrawal of Counsel: for attorney Deborah Anne Hedley counsel for Plaintiff Bakemark USA, LLC. Filed by Plaintiff Bakemark USA, LLC. (Hedley, Deborah) |
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Filing 116
(IN CHAMBERS) TEXT-ONLY ORDER CONTINUING PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIM (DKT. #110 ) by Judge John A. Kronstadt: The Court, on its own motion, continues Plaintiff's Motion to Dismiss Defendant's Counterclaim (Dkt. #110 ) from July 25, 2022 to September 26, 2022 at a time to be set when the calendar for that date is finalized.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ssa) TEXT ONLY ENTRY
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Filing 115
ORDER RE JOINT STIPULATION FOR SECOND EXTENSION OF PRETRIAL DEADLINES (DKT. #114 ) by Judge John A. Kronstadt. The February 18, 2022 Order (Dkt.105) is amended as follows: Non-Expert Discovery Cut-Off August 12, 2022; Initial Expert Disclosures August 26, 2022; Rebuttal Expert Disclosures September 9, 2022; Expert Discovery Cut-Off September 23, 2022; Last day to file All Motions (including discovery motions) October 7, 2022. (lom)
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| Filing 114 Joint STIPULATION for Extension of Time to File For Second Extension of PreTrial Deadlines filed by Plaintiff and Cross-Defendant Bakemark USA, LLC. (Attachments: #1 Declaration of Jacqueline C. Karama in Support of Joint Stipulation for Second Extension of Pretrial Deadlines, #2 Proposed Order Granting Joint Stipulation for Second Extension of PreTrial Deadlines, #3 Affidavit Proof of Service)(Karama, Jacqueline) |
| Filing 113 REPLY In Support of Notice of Motion and Motion to Dismiss Defendant's Counterclaim (Count III) Pursuant to FRCP 12(b)(6) #110 filed by Plaintiff Bakemark USA, LLC, Counter Defendant Bakemark USA, LLC. (Karama, Jacqueline) |
| Filing 112 OPPOSITION to Plaintiff and Cross-Defendant's Motion to Dismiss CounterClaim re: Notice of Motion and Motion to Dismiss Defendant's Counterclaim (Count III) Pursuant to FRCP 12(b)(6) #110 filed by Defendant Sunrise Food Service, Inc.. (Bacon, Theodore) |
| Filing 111 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #110 . The following error(s) was/were found: (1) Incorrect event selected. Correct event to be used is: Dismiss (cause or other) - under Category - Applications/Ex Parte Applications/Motions/Petitions/Requests. (2) Hearing information is missing. (3) Filer used the event, Notice (other), which does not prompt to user to set a hearing before the judge. The document is accepted as filed. Clerk has converted the event so as to place the matter on calendar on 7/25/2022 at 8:30 AM. Counsel shall take notice of the CM/ECF procedures. Any future document will be stricken for failure to follow the procedures. 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. (jp) |
| Filing 110 Notice of Motion and Motion to Dismiss Defendants Counterclaim (Count III) Pursuant to Fed. R. Civ. P. 12(B)(6) Motion set for 7/25/2022 at 8:30 AM before Judge John A. Kronstadt filed by Plaintiff and Cross-Defendant Bakemark USA, LLC's. (Attachments: #1 Memorandum, #2 Proposed Order)(Karama, Jacqueline). Modified on 4/6/2022 (jp). |
| Filing 109 COUNTERCLAIM against Counter-Defendant Bakemark USA, LLC; Jury Demand, filed by Counter-Claimant Sunrise Food Service, Inc.. (Attachments: #1 Certificate of Service)(Bacon, Theodore) |
| Filing 108 Notice of Appearance or Withdrawal of Counsel: for attorney Jacqueline Clemence Karama counsel for Plaintiff Bakemark USA, LLC. Adding Jacqueline C. Karama as counsel of record for BakeMark USA, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff BakeMark USA, LLC. (Attorney Jacqueline Clemence Karama added to party Bakemark USA, LLC(pty:pla))(Karama, Jacqueline) |
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Filing 107
ORDER RE STIPULATION TO FILE COUNTERCLAIM (DKT. #106 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. Pursuant to FRCP 13(e), Defendants Sunrise Food Service, Inc., Javier Navarro, Jeffrey Klein, and Boyd Mulloy are given leave to file a Counterclaim on or before 3/15/2022. (jp)
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| Filing 106 Stipulation to File Counterclaim filed by Defendant Sunrise Food Service, Inc. (Attachments: #1 Proposed Order)(Bacon, Theodore) |
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Filing 105
ORDER RE STIPULATION TO EXTEND PRETRIAL DEADLINES (DKT. #104 ) by Judge John A. Kronstadt, the Stipulation is APPROVED IN PART. The Scheduling Order (Dkt. #89 ) is amended as follows: Non-Expert Discovery Cut-Off: 6/13/2022; Initial Expert Disclosures: 6/27/2022; Rebuttal Expert Disclosures: 7/11/2022; Expert Discovery Cut-Off: 7/25/2022; Last day to file All Motions (including discovery motions): 8/8/2022. (See Order for further specifics). (jp)
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| Filing 104 STIPULATION for Order to extend pretrial deadlines filed by plaintiff Bakemark USA, LLC. (Attachments: #1 Declaration of Chakameh Ganji, #2 Proposed Order)(Ganji, Chakameh) |
| Filing 103 STATUS REPORT RE MEDIATION (JOINT) - UPDATED filed by Plaintiff Bakemark USA, LLC. (Ganji, Chakameh) |
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Filing 102
(IN CHAMBERS) TEXT-ONLY ORDER TAKING POST MEDIATION STATUS CONFERENCE (DKT. #89 ) OFF CALENDAR by Judge John A. Kronstadt: Based on a review of the parties' Joint Status Report Re: Mediation (Dkt. #101 ), the Court takes the December 20, 2021 Post-Mediation Status Conference (Dkt. #89 ) off calendar. No appearance by counsel is necessary. On or before the earlier of February 14, 2022, or within five days of reaching a settlement agreement, the parties shall file an updated joint report. If the further report states that the parties have not reached an agreement, it shall also include a statement as to whether any discussions are ongoing, and if so, when the parties expect to complete them. It should also state whether Judge Gandhi is involved in the process. If it states that the parties have reached an agreement, it shall include a proposed date by which the parties will request a dismissal of the action. Based on a review of the report, a determination will be made as to whether a status conference will be scheduled. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mr) TEXT ONLY ENTRY
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| Filing 101 STATUS REPORT RE: MEDIATION (JOINT) filed by Defendant Sunrise Food Service, Inc.. (Bacon, Theodore) |
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Filing 100
(IN CHAMBERS) TEXT-ONLY ORDER DIRECTING COUNSEL TO FILE JOINT REPORT RE SETTLEMENT by Judge John A. Kronstadt: The parties were expected to file a Joint Status Report re Settlement by December 14, 2021. Dkt. #97 . No report was filed. In light of the Post Mediation Status Conference scheduled for December 20, 2021, counsel shall file a Joint Status Report regarding the status of settlement negotiations before 5pm on December 15, 2021. If a settlement has been reached, the Joint Status Report shall serve as a notice of settlement and shall include a proposed date for the dismissal of the action. Based on a review of the Joint Status Report, a determination will be made as to whether the Post Mediation Status Conference will be taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mr) TEXT ONLY ENTRY
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Filing 99
ORDER RE STIPULATION FOR DISMISSAL PURSUANT TO FRCP 41(a)(1)(A)(ii) (DKT. #98 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. Pursuant to FRCP 41(a), Defendants Capitol Distribution Company, LLC, and Gary Hardgrove are dismissed from the above-captioned civil action without prejudice, with each party to bear his or its own costs and fees. (jp)
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| Filing 98 STIPULATION to Dismiss Defendants Capitol Distribution Company, LLC, Gary Hardgrove filed by Plaintiff Bakemark USA, LLC. (Attachments: #1 Proposed Order)(Patel, Jayesh) |
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Filing 97
ORDER ORDER RE STIPULATION RE: (i) WITHDRAWAL OF APPLICATION FOR PRELIMINARY INJUNCTION, (ii) ALLOWANCE OF CERTAIN EXPEDITED DEPOSITIONS, AND (iii) CONTINUANCE OF MEDIATION-RELATED DEADLINES (DKT. #96 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. Application for Preliminary Injunction #32 currently set for hearing on 9/13/2021 at 8:30 AM., is deemed withdrawn without prejudice to the refiling of the same or similar. The Courts Scheduling Order Setting Pretrial Deadlines (the "Scheduling Order" (Dkt. #89 )) is amended as follows: Last day to participate in a settlement conference/mediation: 12/7/2021. Last day to file notice of settlement/joint report re settlement 12/14/2021. All other deadlines set by the Scheduling Order, including the Post Mediation Status Conference on 12/20/2021, remain in place. (See Order for further specifics. (jp)
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| Filing 96 STIPULATION to Withdraw Motion EX PARTE APPLICATION for Temporary Restraining Order as to and For an Order To Show Cause Why A Preliminary Injunction Should Not Issue #32 (ii) ALLOWANCE OF CERTAIN EXPEDITED DEPOSITION, AND (iii) CONTINUANCE OF MEDIATION-RELATED DEADLINES filed by Plaintiff Bakemark USA, LLC. (Attachments: #1 Declaration, #2 Proposed Order)(Ganji, Chakameh) |
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Filing 95
(IN CHAMBERS) TEXT-ONLY ORDER SELECTING PRIVATE NEUTRAL (DKT. #94 ) by Judge John A. Kronstadt: Upon review of this case and the Joint Report re Agreed Upon Private Neutral (Dkt. #94 ), which includes the parties' respective proposed mediators, the Court selects Hon. Jay C. Gandhi (Ret.) to serve as the private neutral. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mr) TEXT ONLY ENTRY
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| Filing 94 JOINT (AMENDED) REPORT of AGREED UPON PRIVATE NEUTRAL filed by Plaintiff Bakemark USA, LLC. (Ganji, Chakameh) |
| Filing 93 JOINT REPORT of AGREED UPON PRIVATE NEUTRAL filed by Plaintiff Bakemark USA, LLC. (Ganji, Chakameh) |
| Filing 92 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #91 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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 91 ANSWER to Amended Complaint/Petition, #66 with JURY DEMAND filed by Attorney for Defendant Altavilla Thomas.(Attorney Jessica Sauber added to party Altavilla Thomas(pty:dft))(Sauber, Jessica) |
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Filing 90
ORDER RE STIPULATION TO EXTEND DEADLINES SET FORTH IN COURT'S ORDER RE JOINT REPORT PURSUANT TO COURT'S APRIL 24, 2021 ORDER RE: EXPEDITED DISCOVERY AND PRELIMINARY INJUNCTION BRIEFING (DKT. #87 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. The deadlines set by the Court's 5/19/2021 Order (Dkt. #77 ) are modified as follows: Deadline for All Depositions to Occur: 7/23/2021. BakeMark Supplemental Briefing and Evidence Regarding Request for Preliminary Injunction: 8/6/2021. Defendants' Opposition Briefing and Evidence: 8/20/2021. BakeMark's Reply Briefing and Evidence; 9/3/2021. Hearing on BakeMark's Motion for Preliminary Injunction: 9/13/2021. (jp)
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Filing 89
(IN CHAMBERS) SCHEDULING ORDER SETTING PRETRIAL DEADLINES (DKT. #86 ) by Judge John A. Kronstadt. The Court has reviewed the parties' June 18, 2021 Joint Report and sets the following deadlines: August 2, 2021Last day to amend or add parties; July 16, 2021Deadline to file joint report regarding agreed upon private neutral. If the parties are not able to agree, the joint report shall include three nominees from each party. A resume and hourly rate for each nominee shall be attached to the joint report. The Court will select a private neutral from the nominees proposed by the parties; December 3, 2021 Last day to participate in a settlement conference/mediation; December 10, 2021 Last day to file notice of settlement / joint report re settlement; December 20, 2021 Post Mediation Status Conference; March 7, 2022 Non-Expert Discovery Cut-Off; March 21, 2022 Initial Expert Disclosures; April 4, 2022 Rebuttal Expert Disclosures; April 18, 2022 Expert Discovery Cut-Off; May 2, 2022 Last day to file All Motions (including discovery motions). See minute order for details. (lom)
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Filing 88
ORDER/REFERRAL to ADR Procedure No 3 by Judge John A. Kronstadt. Case ordered to a private neutral based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than December 3, 2021. Post Mediation Status Conference set for December 20, 2021 11:30 AM before Judge John A. Kronstadt. (tj)
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| Filing 87 STIPULATION to Continue EXPEDITED DISCOVERY AND PRELIMINARY INJUNCTION BRIEFING from dates set in Order to to proposed dates Re: Order,,, #77 filed by defendants Bakemark USA, LLC. (Attachments: #1 Declaration of Chakameh Ganji, #2 Proposed Order)(Ganji, Chakameh) |
| Filing 86 JOINT RULE 16(B)26(F) REPORT filed by Plaintiff Bakemark USA, LLC. (Ganji, Chakameh) |
| Filing 85 PROOF OF SERVICE Executed by Plaintiff Bakemark USA, LLC, upon Defendant Altavilla Thomas served on 6/14/2021, answer due 7/6/2021. Service of the Summons and Complaint were executed upon Thomas Altavilla in compliance with statute not specified by personal service.Original Summons NOT returned. (Hedley, Deborah) |
| Filing 84 REQUEST to Withdraw EX PARTE APPLICATION for Discovery regarding Modify the Order re Expedited Discovery #83 filed by defendants Sunrise Food Service, Inc.. Request set for hearing on 6/15/2021 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Bacon, Theodore) |
| Filing 83 EX PARTE APPLICATION for Discovery regarding Modify the Order re Expedited Discovery filed by defendants Sunrise Food Service, Inc.. (Attachments: #1 Exhibit 1 and 2, #2 Proposed Order)(Bacon, Theodore) |
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Filing 82
PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order #78 . (see document for details) (hr)
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| Filing 81 DISCLOSURE of Disclosure Statement Per. FRCP 7.1 filed by Defendants Capitol Distribution Company, LLC, Gary Hardgrove (Katofsky, Jeff) |
| Filing 80 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to First Amended Complaint filed by Defendant Capitol Distribution Company, LLC, Gary Hardgrove #79 . The following error(s) was/were found: (1) No Notice of Interested Parties and/or no copies. (2) Counsel shall file the Notice of Interested Parties on or before 5/31/2021. Failure to file the notice may result in the document being stricken. 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. (jp) |
| Filing 79 ANSWER to Amended Complaint/Petition, #66 with JURY DEMAND filed by Defendant Capitol Distribution Company, LLC, Gary Hardgrove.(Katofsky, Jeff) |
| Filing 78 STIPULATION for Protective Order filed by Plaintiff Bakemark USA, LLC.(Hedley, Deborah) |
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Filing 77
ORDER RE JOINT REPORT PURSUANT TO COURT'S APRIL 24, 2021 ORDER RE: EXPEDITED DISCOVERY AND PRELIMINARY INJUNCTION BRIEFING (DKT. #71 ) by Judge John A. Kronstadt. The following dates for expedited discovery and further briefing are adopted: Parties Propound Written Discovery Requests: 5/17/2021; Parties Propound Rule 30(b)(6) Deposition Notices: 5/24/2021; Parties Submit Stipulated Protective Order: 5/24/2021; Parties Respond to Written Discovery Request: 6/11/2021; Deadline for All Depositions to Occur: 7/9/2021; BakeMark Supplemental Briefing and Evidence Regarding Request for Preliminary Injunction: 7/23/2021; Defendants' Opposition Briefing and Evidence: 8/6/2021; BakeMark's Reply Briefing and Evidence: 8/20/2021; Hearing on BakeMark's Motion for Preliminary Injunction: 8/30/2021. (See Order for further specifics). (jp)
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| Filing 76 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #72 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Association of Counsel.. 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. (ak) |
| Filing 75 CERTIFICATION and NOTICE of Interested Parties filed by Defendant Boyd Mulloy, (Attorney Theodore E Bacon added to party Boyd Mulloy(pty:dft))(Bacon, Theodore) |
| Filing 74 ANSWER to Amended Complaint/Petition, #66 with JURY DEMAND (Javier Navarro, Jeffrey Klein & Boyd Mulloy) filed by Defendant Jeffrey Klein.(Bacon, Theodore) |
| Filing 73 ANSWER to Amended Complaint/Petition, #66 with JURY DEMAND filed by Defendant Sunrise Food Service, Inc..(Bacon, Theodore) |
| Filing 72 NOTICE Plaintiff Bakemark USA, LLCs Notice of Association of Counsel filed by Plaintiff Bakemark USA, LLC. (Ganji, Chakameh) |
| Filing 71 JOINT REPORT of Pursuant to Court's April 24, 2021 Order re: Expedited Discovery and Preliminary Injunction Briefing, Dkt. No. 62 filed by Plaintiff Bakemark USA, LLC. (Dee, Thomas) |
| Filing 70 21 DAY Summons Issued re First Amended Complaint #66 as to Defendant Altavilla Thomas. (jp) |
| Filing 69 21 DAY Summons Issued re First Amended Complaint #66 as to Defendant Boyd Mulloy. (jp) |
| Filing 68 Request for Clerk to Issue Summons on Amended Complaint/Petition, #66 filed by Plaintiff Bakemark USA, LLC. (Hedley, Deborah) |
| Filing 67 Request for Clerk to Issue Summons on Amended Complaint/Petition, #66 filed by Plaintiff Bakemark USA, LLC. (Hedley, Deborah) |
| Filing 66 First AMENDED COMPLAINT against Defendants Capitol Distribution Company, LLC, Does, Gary Hardgrove, Jeffrey Klein, Javier Navarro, Sunrise Food Service, Inc., Boyd Mulloy, Altavilla Thomas amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Bakemark USA, LLC(Dee, Thomas) |
| Filing 65 NOTICE OF DISMISSAL filed by plaintiff Bakemark USA, LLC pursuant to FRCP 41a(1) as to Roy Bahner. (Libman, Cody) |
| Filing 64 AMENDED ANSWER OF JAVIER NAVARRO and JEFFREY KLEIN to Complaint (Attorney Civil Case Opening) #1 filed by defendant Jeffrey Klein. (Bacon, Theodore) |
| Filing 63 AMENDED ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by defendant Sunrise Food Service, Inc.. (Bacon, Theodore) |
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Filing 62
(IN CHAMBERS) ORDER RE PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND FOR AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE (DKT. #32 ) by Judge John A. Kronstadt. For the reasons stated in this Order, the Application is DENIED as to the request for a TRO. This determination is without prejudice to the consideration of the Application for a Preliminary Injunction based on the submission of additional evidence and a corresponding supplemental brief, not to exceed ten pages, that seeks to address the issues raised in this Order. The scheduling of briefing and any hearing is deferred until after the parties have submitted the Joint Report. The Discovery Motion is GRANTED IN PART as stated above. See minute order for details. (lom)
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| Filing 61 DISCLOSURE Pursuant to FRCP 7.1 filed by Defendants Capitol Distribution Company, LLC, Gary Hardgrove (Katofsky, Jeff) |
| Filing 60 CERTIFICATION and NOTICE of Interested Parties filed by Defendants Javier Navarro and Jeffrey Klein, (Attorney Theodore E Bacon added to party Jeffrey Klein(pty:dft))(Bacon, Theodore) |
| Filing 59 CERTIFICATION and NOTICE of Interested Parties filed by Defendant Sunrise Food Service, Inc., (Bacon, Theodore) |
| Filing 58 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint filed by Defendants Capitol Distribution Company, LLC, Gary Hardgrove #55 . The following error(s) was/were found: (1) No Notice of Interested Parties and/or no copies. (2) Counsel shall file the Notice of Interested Parties on or before 4/20/2021. Failure to file the notice may result in the document being stricken. 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. (jp) |
| Filing 57 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint filed by Defendant Sunrise Food Service, Inc #53 . The following error(s) was/were found: (1) No Notice of Interested Parties and/or no copies. (2) Counsel shall file the Notice of Interested Parties on or before 4/20/2021. Failure to file the notice may result in the document being stricken. 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. (jp) |
| Filing 56 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendants Jeffrey Klein and Javier Navarro.(Attorney Theodore E Bacon added to party Javier Navarro(pty:dft))(Bacon, Theodore) |
| Filing 55 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendants Capitol Distribution Company, LLC, Gary Hardgrove.(Katofsky, Jeff) |
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Filing 54
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. A hearing is not necessary and, therefore, the matter is taken under submission. Upon review of the Joint Report, a scheduling order will be issued. Rule 26 Meeting Report due by June 18, 2021. (tj)
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| Filing 53 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant Sunrise Food Service, Inc..(Bacon, Theodore) |
| Filing 52 OBJECTION to Declaration of Kim Munoz re: EX PARTE APPLICATION for Temporary Restraining Order as to and For an Order To Show Cause Why A Preliminary Injunction Should Not Issue #32 filed by Defendant Sunrise Food Service, Inc.. (Attachments: #1 Proposed Order)(Bacon, Theodore) |
| Filing 51 OBJECTION to Declaration of Josh Lowery re: EX PARTE APPLICATION for Temporary Restraining Order as to and For an Order To Show Cause Why A Preliminary Injunction Should Not Issue #32 filed by Defendant Sunrise Food Service, Inc.. (Attachments: #1 Proposed Order)(Bacon, Theodore) |
| Filing 50 OBJECTION to Declaration of Roy Bahner re: EX PARTE APPLICATION for Temporary Restraining Order as to and For an Order To Show Cause Why A Preliminary Injunction Should Not Issue #32 filed by Defendant Sunrise Food Service, Inc.. (Attachments: #1 Proposed Order)(Bacon, Theodore) |
| Filing 49 OBJECTION to Declaration of Tony Marquez re: EX PARTE APPLICATION for Temporary Restraining Order as to and For an Order To Show Cause Why A Preliminary Injunction Should Not Issue #32 filed by Defendant Sunrise Food Service, Inc.. (Attachments: #1 Proposed Order)(Bacon, Theodore) |
| Filing 48 OBJECTION to Declaration of John Kupniewski re: EX PARTE APPLICATION for Temporary Restraining Order as to and For an Order To Show Cause Why A Preliminary Injunction Should Not Issue #32 filed by Defendant Sunrise Food Service, Inc.. (Attachments: #1 Proposed Order)(Bacon, Theodore) |
| Filing 47 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Expedite Discovery #33 filed by Defendant Sunrise Food Service, Inc.. (Bacon, Theodore) |
| Filing 46 REQUEST FOR JUDICIAL NOTICE re EX PARTE APPLICATION for Temporary Restraining Order as to and For an Order To Show Cause Why A Preliminary Injunction Should Not Issue #32 filed by Defendant Sunrise Food Service, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Bacon, Theodore) |
| Filing 45 MEMORANDUM in Opposition to EX PARTE APPLICATION for Temporary Restraining Order as to and For an Order To Show Cause Why A Preliminary Injunction Should Not Issue #32 filed by Defendant Sunrise Food Service, Inc.. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration)(Attorney Theodore E Bacon added to party Sunrise Food Service, Inc.(pty:dft))(Bacon, Theodore) |
| Filing 44 Opposition to Plaintiff's motion for expedited discovery re: NOTICE OF MOTION AND MOTION to Expedite Discovery #33 filed by Defendants Capitol Distribution Company, LLC, Gary Hardgrove. (Katofsky, Jeff) |
| Filing 43 OPPOSITION to EX PARTE APPLICATION for Temporary Restraining Order as to and For an Order To Show Cause Why A Preliminary Injunction Should Not Issue #32 filed by Defendants Capitol Distribution Company, LLC, Gary Hardgrove. (Attachments: #1 Declaration Supplemental declaration of Gary Hargrove)(Katofsky, Jeff) |
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Filing 42
ORDER by Judge John A. Kronstadt granting #31 , #40 Non-Resident Attorney Cody D Libman APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Bakemark USA, LLC, designating Deborah A Hedley as local counsel. (jp)
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| Filing 41 PROOF OF SERVICE filed by Plaintiff Bakemark USA, LLC, re Text Only Scheduling Notice,,, 34 served on 4/2/21. (Hedley, Deborah) |
| Filing 40 APPLICATION of Non-Resident Attorney Cody D. Libman to Appear Pro Hac Vice on behalf of Plaintiff Bakemark USA, LLC (Pro Hac Vice Fee - $500.00 Previously Paid on 3/29/2021, Receipt No. 31003236) filed by Plaintiff Bakemark USA, LLC Bakemark USA, LLC. (Attachments: #1 Proposed Order) (Hedley, Deborah) |
| Filing 39 PROOF OF SERVICE Executed by Plaintiff Bakemark USA, LLC, upon Defendant Sunrise Food Service, Inc. served on 3/24/2021, answer due 4/14/2021. Service of the Summons and Complaint were executed upon Steve L., Manager in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Hedley, Deborah) |
| Filing 38 PROOF OF SERVICE Executed by Plaintiff Bakemark USA, LLC, upon Defendant Jeffrey Klein served on 3/26/2021, answer due 4/16/2021. Service of the Summons and Complaint were executed upon Brittany Klein, daughter of Jeff Klein in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Hedley, Deborah) |
| Filing 37 PROOF OF SERVICE Executed by Plaintiff Bakemark USA, LLC, upon Defendant Javier Navarro served on 3/29/2021, answer due 4/19/2021. Service of the Summons and Complaint were executed upon Javier Navarro in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Hedley, Deborah) |
| Filing 36 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Cody D. Libman to Appear Pro Hac Vice on behalf of Plaintiff Bakemark USA, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31003236) #31 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): No signature on Application. Staff or someone other than attorney signed. See LR 11-1. (lt) |
| Filing 35 to Plf. Ex Pate Applicaiton for Temporary Restraining Order opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to and For an Order To Show Cause Why A Preliminary Injunction Should Not Issue #32 filed by Defendants Capitol Distribution Company, LLC, Gary Hardgrove. (Attachments: #1 Declaration of Gary Hardgrove in opposition to ex parte application, #2 Declaration of Gary Salomons in opp. to ex parte app, #3 Declaration of John Levi in opp. to ex parte app)(Attorney Jeff Call Katofsky added to party Capitol Distribution Company, LLC(pty:dft), Attorney Jeff Call Katofsky added to party Gary Hardgrove(pty:dft))(Katofsky, Jeff) |
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Filing 34
(IN CHAMBERS) ORDER RE PLAINTIFF'S APPLICATION FOR TEMPORARY RESTRAINING ORDER (DKT. #32 ) by Judge John A. Kronstadt: Plaintiff has filed an Ex Parte Application for a Temporary Restraining Order and Order to Show Cause for a Preliminary Injunction (the "Application" (Dkt. #32 )). Plaintiff has also filed an "Ex Parte Motion for Expedited Discovery" (the "Motion" (Dkt. #33 )). Defendants shall file any response to the Application and the Motion on or before April 5, 2021 at noon. Plaintiff shall serve this Order on Defendants and file a corresponding proof of service. To the extent Plaintiff can also provide telephonic and electronic notice of this Order to Defendants, Plaintiff shall do so. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mr) TEXT ONLY ENTRY.
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| Filing 33 NOTICE OF MOTION AND MOTION to Expedite Discovery filed by Plaintiff Bakemark USA, LLC. (Attachments: #1 Proposed Order) (Hedley, Deborah) |
| Filing 32 EX PARTE APPLICATION for Temporary Restraining Order as to and For an Order To Show Cause Why A Preliminary Injunction Should Not Issue filed by Plaintiff Bakemark USA, LLC. (Attachments: #1 Declaration Kim Munoz, #2 Declaration John Kupniewski, #3 Declaration Tony Marquez, #4 Declaration Roy Bahner, #5 Declaration Steve Kim, #6 Declaration Josh Lowery, #7 Declaration Deborah Hedley, #8 Proposed Order, #9 Proposed Order) (Hedley, Deborah) |
| Filing 31 APPLICATION of Non-Resident Attorney Cody D. Libman to Appear Pro Hac Vice on behalf of Plaintiff Bakemark USA, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31003236) filed by Plaintiff Bakemark USA, LLC Bakemark USA, LLC. (Attachments: #1 Proposed Order) (Hedley, Deborah) |
| Filing 30 PROOF OF SERVICE Executed by Plaintiff Bakemark USA, LLC, upon Defendant Gary Hardgrove served on 3/25/2021, answer due 4/15/2021. Service of the Summons and Complaint were executed upon Gary Hardgrove in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Hedley, Deborah) |
| Filing 29 PROOF OF SERVICE Executed by Plaintiff Bakemark USA, LLC, upon Defendant Capitol Distribution Company, LLC served on 3/26/2021, answer due 4/16/2021. Service of the Summons and Complaint were executed upon Rosie Whitfield, Receptionist in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Hedley, Deborah) |
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Filing 28
ORDER by Judge John A. Kronstadt granting #27 Non-Resident Attorney Thomas R Dee APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Bakemark USA, LLC, designating Deborah A Hedley as local counsel. (jp)
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| Filing 27 APPLICATION of Non-Resident Attorney Thomas R. Dee to Appear Pro Hac Vice on behalf of Plaintiff Bakemark USA, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30979603) filed by Plaintiff Bakemark USA, LLC Bakemark USA, LLC. (Attachments: #1 Proposed Order) (Hedley, Deborah) |
| Filing 26 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Sunrise Food Service, Inc. (jp) |
| Filing 25 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Roy Bahner. (jp) |
| Filing 24 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Javier Navarro. (jp) |
| Filing 23 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Jeffrey Klein. (jp) |
| Filing 22 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Gary Hardgrove. (jp) |
| Filing 21 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Capitol Distribution Company, LLC. (jp) |
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Filing 20
STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (tj)
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| Filing 19 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Bakemark USA, LLC. (Hedley, Deborah) |
| Filing 18 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Bakemark USA, LLC. (Hedley, Deborah) |
| Filing 17 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Bakemark USA, LLC. (Hedley, Deborah) |
| Filing 16 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Bakemark USA, LLC. (Hedley, Deborah) |
| Filing 15 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Bakemark USA, LLC. (Hedley, Deborah) |
| Filing 14 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Bakemark USA, LLC. (Hedley, Deborah) |
| Filing 13 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #7 , Summons Request #4 , Summons Request #5 , Summons Request #9 , Summons Request #8 , Summons Request #6 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lh) |
| Filing 12 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Thomas R. Dee. 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. (lh) |
| Filing 11 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 10 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Alicia G. Rosenberg. (lh) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Bakemark USA, LLC. (Hedley, Deborah) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Bakemark USA, LLC. (Hedley, Deborah) |
| Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Bakemark USA, LLC. (Hedley, Deborah) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Bakemark USA, LLC. (Hedley, Deborah) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Bakemark USA, LLC. (Hedley, Deborah) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Bakemark USA, LLC. (Hedley, Deborah) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Bakemark USA, LLC, identifying 1. BakeMark USA, LLCs owner, Pamlona Investment Company.. (Hedley, Deborah) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Bakemark USA, LLC. (Hedley, Deborah) |
| Filing 1 COMPLAINT Receipt No: ACACDC-30962840 - Fee: $402, filed by Plaintiff Bakemark USA, LLC. (Attorney Deborah Anne Hedley added to party Bakemark USA, LLC(pty:pla))(Hedley, Deborah) |
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