thyssenkrupp Materials NA, Inc. v. Alatus Aerosystems
Petitioner: thyssenkrupp Materials NA, Inc. and Alatus Aerosystems
Case Number: 2:2021cv04266
Filed: May 21, 2021
Court: US District Court for the Central District of California
Presiding Judge: Alexander F MacKinnon
Referring Judge: Mark C Scarsi
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2021 Filing 36 PROOF OF SERVICE filed by Defendant Alatus Aerosystems, re Answer to Complaint (Attorney Civil Case Opening) #34 served on 09-15-2021. (Bogdanovich, Stefan)
September 15, 2021 Opinion or Order Filing 35 ORDER SETTING SCHEDULING CONFERENCE by Judge Mark C. Scarsi. Scheduling Conference set for 11/8/2021 at 10:00 AM before Judge Mark C. Scarsi. (smo)
September 15, 2021 Filing 34 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND filed by Defendant Alatus Aerosystems.(Bogdanovich, Stefan)
September 8, 2021 Opinion or Order Filing 33 ORDER GRANTING MOTION TO SET ASIDE DEFAULT #26 by Judge Mark C. Scarsi: Court grants the Motion, sets aside the default entered against Defendant, and orders that Defendant Alatus Aerosystems answer the Complaint on or before September 15, 2021. (lc)
September 7, 2021 Filing 32 OPPOSITION to NOTICE OF MOTION AND MOTION to Set Aside Default and Order for Partial Default Judgment #26 filed by Plaintiff thyssenkrupp Materials NA, Inc.. (Attachments: #1 Exhibit 1- Declaration of J. Karmo, #2 Exhibit 2- J. Karmo July 7, 2021 Letter to Resident Agent, #3 Exhibit 3- J. Karmo July 16, 2021 Letter to Registered Agent)(Karmo, Jonathan)
August 26, 2021 Filing 31 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice of Appearance #29 by Judge Mark C. Scarsi. The document is accepted as filed. (smo)
August 26, 2021 Filing 30 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #29 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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)
August 25, 2021 Filing 29 NOTICE of Appearance filed by attorney Kim S Zeldin on behalf of Defendant Alatus Aerosystems (Attorney Kim S Zeldin added to party Alatus Aerosystems(pty:dft))(Zeldin, Kim)
August 25, 2021 Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Stefan Bogdanovich counsel for Defendant Alatus Aerosystems. Adding Stefan Bogdanovich as counsel of record for Alatus Aerosystems for the reason indicated in the G-123 Notice. Filed by Defendant Alatus Aerosystems. (Bogdanovich, Stefan)
August 25, 2021 Filing 27 CERTIFICATE of Interested Parties filed by Defendant Alatus Aerosystems, identifying None. (Bogdanovich, Stefan)
August 25, 2021 Filing 26 NOTICE OF MOTION AND MOTION to Set Aside Default and Order for Partial Default Judgment filed by Defendant Alatus Aerosystems. Motion set for hearing on 9/27/2021 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of William Lyng, #2 Declaration of David Oberg, #3 Declaration of Kim S. Zeldin) (Attorney Stefan Bogdanovich added to party Alatus Aerosystems(pty:dft)) (Bogdanovich, Stefan)
August 18, 2021 Filing 25 Notice of Appearance or Withdrawal of Counsel: for attorney Steven Edman Kish, III counsel for Plaintiff thyssenkrupp Materials NA, Inc.. Adding Steven E. Kish III as counsel of record for Thyssenkrupp Materials NA, Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiff Thyssenkrupp Materials NA, Inc.. (Attorney Steven Edman Kish, III added to party thyssenkrupp Materials NA, Inc.(pty:pla))(Kish, Steven)
August 3, 2021 Opinion or Order Filing 24 ORDER GRANTING IN PART PLAINTIFFS MOTION FOR DEFAULT JUDGMENT #20 by Judge Mark C. Scarsi: The Court grants the Motion as to liability only against Defendant for breach of contract. The Court gives Plaintiff leave to conduct discovery as to damages and defers entry of final judgment until further motion by Plaintiff. Plaintiff shall file a further motion for default judgment within 60 days. The Court will deem failure to timely file a further motion as abandonment of the unresolved claims for damages and costs. IT IS SO ORDERED. (shb)
July 26, 2021 Opinion or Order Filing 23 TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION (ECF No. #20 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on August 9, 2021, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr)
July 26, 2021 Opinion or Order Filing 22 ORDER DENIED PERMITTING PLAINTIFF'S COUNSEL TO APPEAR TELEPHONICALLY OR THROUGH ZOOM FOR THE UPCOMING MOTION FOR DEFAULT JUDGMENT HEARING #21 by Judge Mark C. Scarsi. (lom)
July 26, 2021 Filing 21 NOTICE OF MOTION AND MOTION for Leave of Jon R. Steiger and Jon F. Karmo to Appear for Telephonically or Through ZOOM filed by Plaintiff thyssenkrupp Materials NA, Inc.. Motion set for hearing on 8/9/2021 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Proposed Order) (Steiger, Jon)
July 14, 2021 Filing 20 NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Alatus Aerosystems filed by Plaintiff thyssenkrupp Materials NA, Inc.. Motion set for hearing on 8/9/2021 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration Declr of Victoria Radick, #2 Declaration Declr of Jonathan F. Karmo, #3 Proposed Order Proposed Order) (Karmo, Jonathan)
July 7, 2021 Filing 19 NOTICE OF DEFICIENCY Re: NOTICE OF MOTION AND MOTION for Clerk to Enter Default against Defendant Alatus Aerosystems #17 . The Clerk cannot enter the requested relief as: A declaration establishing the amount due must accompany the plaintiffs request for default judgment. Amount sought is not for a sum certain or cannot be computed to a sum certain. Attorney Fees sought not in compliance with Local Rule 55-3. Amount sought for costs is incorrect. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default judgment reconsidered. Missing proposed judgment therefore cited above information* as applicable to be included in filers resubmission to be in a format to be heard before the Judge.. (lc)
July 7, 2021 Filing 18 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Alatus Aerosystems (lc)
July 7, 2021 Filing 17 NOTICE OF MOTION AND MOTION for Clerk to Enter Default against Defendant Alatus Aerosystems filed by Plaintiff thyssenkrupp Materials NA, Inc.. (Attachments: #1 Exhibit Declaration of Jonathan F. Karmo in Support of Motion for Clerk's Entry of Default and Default Judgment for a Sum Certain Pursuant to FRCP 55(a) and 55(b)(1)) (Steiger, Jon)
June 21, 2021 Filing 16 PROOF OF SERVICE Executed by Plaintiff thyssenkrupp Materials NA, Inc., upon Defendant Alatus Aerosystems served on 6/2/2021, answer due 6/23/2021. Service of the Summons and Complaint were executed upon Resident Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Steiger, Jon)
May 26, 2021 Filing 15 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jonathan F. Karmo to Appear Pro Hac Vice on behalf of Plaintiff thyssenkrupp Materials NA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31357190) #13 . The following error(s) was/were found: Local Rule 83-2.1.3.2(a) Applicant resides in California. Local Rule 83-2.1.3.3(b) Proposed order not attached. (lt)
May 26, 2021 Opinion or Order Filing 14 ORDER GRANTING APPLICATION of Non-Resident Attorney Jonathan F. Karmo to Appear Pro Hac Vice on behalf of Plaintiff thyssenkrupp Materials NA, Inc. and designating Jon R. Steiger as local counsel #13 by Judge Mark C. Scarsi (lc)
May 26, 2021 Filing 13 APPLICATION of Non-Resident Attorney Jonathan F. Karmo to Appear Pro Hac Vice on behalf of Plaintiff thyssenkrupp Materials NA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31357190) filed by Plaintiff thyssenkrupp Materials NA, Inc.. (Steiger, Jon)
May 24, 2021 Opinion or Order Filing 12 INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
May 24, 2021 Filing 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jonathan F. Karmo. 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. (car)
May 24, 2021 Filing 10 NOTICE OF CLERICAL ERROR: Due to clerical error Notice has the incorrect caption. Docket item #7 should be disregarded. A Corrected Notice has been issued see docket item 9. (car)
May 24, 2021 Filing 9 CORRECTED NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
May 24, 2021 Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Alatus Aerosystems. (car)
May 24, 2021 Filing 7 [NOTICE OF CLERICAL ERROR ISSUED ON 5/24/2021, SEE ITEM 10] NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) Modified on 5/24/2021 (car).
May 24, 2021 Filing 6 NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Alexander F. MacKinnon. (car)
May 21, 2021 Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Movant thyssenkrupp Materials NA, Inc. (Steiger, Jon)
May 21, 2021 Filing 4 NOTICE of Interested Parties filed by Plaintiff thyssenkrupp Materials NA, Inc., (Steiger, Jon)
May 21, 2021 Filing 3 CIVIL COVER SHEET filed by Movant thyssenkrupp Materials NA, Inc.. (Steiger, Jon)
May 21, 2021 Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff thyssenkrupp Materials NA, Inc.. (Steiger, Jon)
May 21, 2021 Filing 1 COMPLAINT with filing fee previously paid (402 paid on 5/21/2021, receipt number ACACDC-31337750 Fee Issue w PACER), filed by Plaintiff thyssenkrupp Materials NA, Inc.. (Attachments: #1 Exhibit 1 Purchase Orders) (Attorney Jon R. Steiger added to party thyssenkrupp Materials NA, Inc.(pty:bkmov))(Steiger, Jon) Modified on 5/25/2021 (lmh).

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Petitioner: thyssenkrupp Materials NA, Inc.
Represented By: Jon R. Steiger
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