Shimmick FCC Impreglio JV v. Tractel, Inc. et al
| Shimmick/FCC/Impreglio JV and Shimmick FCC Impreglio JV |
| Western Surety Company and Does 1 through 50 |
| Tractel, Inc. |
| 2:2022cv02174 |
| April 1, 2022 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Otis D Wright |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on February 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 39 Joint STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41 (with prejudice) filed by Plaintiff and Counter-Defendant Shimmick FCC Impreglio JV.(Diamond, Thomas) |
Filing 38
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: In light of the parties' Joint Status Report and Notice of Settlement #37 , indicating that the case has settled in its entirety, this action is placed on inactive status. By March 6, 2023, the parties shall file a dismissal that complies with Federal Rule ofCivil Procedure 41. Failure to timely comply with this order shall result in the dismissal of this action. All other dates and deadlines in this action are VACATED and taken off calendar. (lc)
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| Filing 37 STATUS REPORT Joint Status Report and Notice of Settlement filed by Counter Claimant Tractel, Inc., Defendants Tractel, Inc., Western Surety Company. (Baghdassarian, Alex) |
| Filing 36 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance or Withdrawal of Counsel (G-123), #35 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Request for Substitution of Attorney G01. Incorrect document is attached to the docket entry. 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 35 Notice of Appearance or Withdrawal of Counsel: for attorney Simrandeep Singh Tiwana counsel for Defendants Tractel, Inc., Western Surety Company. Simran S. Tiwana is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Tractel, Inc. and Western Surety Company. (Attachments: #1 Proof of Service)(Tiwana, Simrandeep) |
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Filing 34
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:The Court amends the Scheduling and Case Management Order, (ECF No. 30), as follows: the deadline to file Oppositions to Motions in Limine is October 10, 2023. All otherdates and deadlines remain unchanged. (lc)
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| Filing 33 NOTICE of Change of Attorney Business or Contact Information: for attorney Alex R. Baghdassarian counsel for Counter Claimant Tractel, Inc., Defendants Tractel, Inc., Western Surety Company. Changing Address to Hanson Bridgett LLP, 777 S. Figueroa Street, Suite 4200, Los Angeles, CA 90017. Changing Email to ABaghdassarian@hansonbridgett.com. Filed by Counter Claimant Tractel, Inc., Defendants Tractel, Inc., Western Surety Company. (Baghdassarian, Alex) |
| Filing 32 ANSWER to Amended Counterclaim #31 filed by Plaintiff Shimmick FCC Impreglio JV.(Diamond, Thomas) |
| Filing 31 First AMENDED COUNTERCLAIM against Counter-Defendant Shimmick FCC Impreglio JV amending Amended Complaint, ; JURY DEMAND, filed by Counterclaimant Tractel, Inc. (Attachments: #1 Proof of Service)(Baghdassarian, Alex) |
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Filing 30
SCHEDULING AND CASE MANAGEMENT ORDER (JURY TRIAL) by Judge Otis D. Wright, II. This Order is to advise the parties and counsel of the schedule that will govern this case. THE SCHEDULING CONFERENCE IS VACATED. Final Pretrial Conference set for 10/2/2023 01:30 PM; Motion in Limine set for hearing on 10/23/2023 at 01:30 PM ; Jury Trial 10/31/23 9:00 AM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc) Modified on 6/27/2022 (lc).
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Filing 29
ORDER/REFERRAL to ADR Procedure No 3 by Judge Otis D. Wright, II. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. (lc)
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| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Report #27 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Joint Report Rule 26(f) Discovery Plan. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 27 JOINT REPORT of RULE 26(f) filed by Plaintiff Shimmick FCC Impreglio JV. (Petray, Andrea) |
| Filing 26 ANSWER TO COUNTERCLAIM ANSWER to Counterclaim #16 .(Diamond, Thomas) |
| Filing 25 STIPULATION Extending Time to Answer the complaint as to Shimmick FCC Impreglio JV answer now due 6/10/2022, re Counterclaim #16 filed by Counter-Defendant Shimmick FCC Impreglio JV.(Diamond, Thomas) |
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Filing 24
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:The parties request that the Scheduling Conference be continued from June 13, 2022, to June 27, 2022, due to illness and scheduling conflicts #23 . The Court is not inclined to continue the Scheduling Conference and instead VACATES the Scheduling Conference on June 13, 2022, and continues the deadline for the parties to submit their Joint Rule 26(f) Report to June 21, 2022. The Court will reset a Scheduling Conference, if needed, upon receipt of the parties' Joint Report. (lc) Modified on 5/20/2022 (lc).
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| Filing 23 Joint STIPULATION to Reschedule Scheduling Conference filed by Defendants Tractel, Inc., Western Surety Company. (Attachments: #1 Proposed Order, #2 Proof of Service)(Baghdassarian, Alex) |
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Filing 22
ORDER GRANTING APPLICATION of Non-Resident Attorney Jason E. Markel to Appear Pro Hac Vice on behalf of Defendants Tractel, Inc., Western Surety Company and designating Alex R. Baghdassarian as local counsel #20 by Judge Otis D. Wright, II. (lc)
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Filing 21
ORDER GRANTING APPLICATION of Non-Resident Attorney Ryan K. Cummings to Appear Pro Hac Vice on behalf of Defendants Tractel, Inc., Western Surety Company anddesignating Alex R. Baghdassarian as local counsel #19 by Judge Otis D. Wright, II. (lc)
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| Filing 20 APPLICATION of Non-Resident Attorney Jason E. Markel to Appear Pro Hac Vice on behalf of Defendants Tractel, Inc., Western Surety Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33314465) filed by Defendants Tractel, Inc., Western Surety Company. (Attachments: #1 Proposed Order, #2 Proof of Service) (Baghdassarian, Alex) |
| Filing 19 APPLICATION of Non-Resident Attorney Ryan K. Cummings to Appear Pro Hac Vice on behalf of Defendants Tractel, Inc., Western Surety Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33313966) filed by Defendants Tractel, Inc., Western Surety Company. (Attachments: #1 Proposed Order, #2 Proof of Service) (Baghdassarian, Alex) |
| Filing 18 PROOF OF SERVICE filed by Plaintiff Shimmick FCC Impreglio JV, re Order,, Set/Reset Hearing, #17 served on May 6, 2022. (Finch, P) |
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Filing 17
ORDER that the Scheduling Conference is set for June 13, 2022 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II. (lc)
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| Filing 16 COUNTERCLAIM against Counter Defendant Shimmick FCC Impreglio JV ; Jury Demand, filed by Counter Plaintiff Tractel, Inc.. (Attachments: #1 Proof of Service)(Baghdassarian, Alex) |
| Filing 15 Defendant Western Surety Company's Amended Notice of Interested Parties and Corporate Disclosure Statement NOTICE of Interested Parties filed by Defendant Western Surety Company, identifying CNA Financial Corporation, Loews Corporation. (Attachments: #1 Proof of Service)(Baghdassarian, Alex) |
| Filing 14 Defendant Tractel, Inc.'s Amended Notice of Interested Parties and Corporate Disclosure Statement NOTICE of Interested Parties filed by Defendant Tractel, Inc., identifying Tractel USA, Inc., Tractel North America, Inc.. (Attachments: #1 Proof of Service)(Baghdassarian, Alex) |
| Filing 13 ANSWER to Amended Complaint, Defendant Western Surety Company's Answer to First Amended Complaint filed by Defendant Western Surety Company. (Attachments: #1 Proof of Service)(Baghdassarian, Alex) |
| Filing 12 ANSWER to Amended Complaint, Defendant Tractel, Inc.'s Answer to First Amended Complaint filed by Defendant Tractel, Inc.. (Attachments: #1 Proof of Service)(Baghdassarian, Alex) |
| Filing 11 Certification and Notice of Interested Parties filed by Plaintiff Shimmick FCC Impreglio JV, identifying Shimmick/FCC/Impregilo JV, a California Joint Venture; Shimmick Construction Company, Inc., a California corporation; FCC Construction S.A., a Spanish corporation; Impregilo S.P.A., an Italian corporation; Tractel, Inc., an Italian corporation; Western Surety Company, a South Dakota corporation. (Finch, P) |
| Filing 10 STIPULATION Extending Time to Answer the complaint as to Western Surety Company answer now due 5/5/2022; Tractel, Inc. answer now due 5/5/2022, re Amended Complaint, filed by Defendant Western Surety Company; Tractel, Inc.. (Attachments: #1 Proof of Service)(Baghdassarian, Alex) |
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Filing 9
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff(s) is ordered to show cause in writing no later than April 19, 2022 why this action should notbe dismissed for lack of prosecution. The Court will consider the filing of the following, as an appropriate response to this OSC, on or before the above date:Plaintiff's request for entry of default as to the defendants. In the event both documents are filed before the above date, the answer will take precedence.Answer by the defendant(s). Failure to respond to the Court's Order may result in the dismissal of the action. (lc)
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| Filing 8 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge John E. McDermott to Judge Otis D. Wright, II for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Paul L. Abrams. The case number will now reflect the initials of the transferee Judges 2:22-cv-02174-ODW(PLAx). (ap) |
| PROOF OF SERVICE Executed by Plaintiff Shimmick FCC Impreglio JV, upon Defendant Tractel, Inc. served on 3/11/2022, answer due 4/1/2022. Service of the Summons and Complaint were executed upon Gina Reyes, Administrative Assistant in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. #7 Notice of Lodging Proof of Service] (es) |
| PROOF OF SERVICE Executed by Plaintiff Shimmick FCC Impreglio JV, upon Defendant Western Surety Company served on 3/11/2022, answer due 4/1/2022. Service of the Summons and Complaint were executed upon Saras Marin, Intake Specialist in compliance with statute not specified by personal service. Original Summons NOT returned. (es) |
| Filing 7 NOTICE OF LODGING filed by Plaintiff Shimmick/FCC/Impregilo JV re Amended Complaint, (Attachments: #1 Exhibit 1 (Proof of Service on Tractel, Inc.), #2 Exhibit 2 (Proof of Service on Western Surety Company))(Petray, Andrea) |
| Filing 6 NOTICE of Interested Parties filed by Defendant Tractel, Inc., Western Surety Company, identifying Shimmick/FCC/Impregilo JV, Tractel, Inc., Western Surety Corporation. (Attachments: #1 Proof of Service)(Baghdassarian, Alex) |
| Filing 5 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. [SEE DOCUMENT FOR DETAILS.] (san) |
| Filing 4 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) |
| Filing 3 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge John E. McDermott. (Attachments: #1 CV-11C Statement of Consent to Proceed Before a United States Magistrate Judge) (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 50, Tractel, Inc., Western Surety Company., filed by plaintiff Shimmick FCC Impreglio JV. (FILED IN STATE COURT ON 2/3/2022 SUBMITTED ATTACHED EXHIBIT A (ghap) |
| CONFORMED FILED COPY OF FIRST AMENDED COMPLAINT against Defendants Does 1 through 50, Tractel, Inc., Western Surety Company amending Complaint - (Discovery), filed by plaintiff Shimmick FCC Impreglio JV. (FILED IN STATE COURT ON 3/7/2022 SUBMITTED ATTACHED EXHIBIT J) (ghap) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Tractel, Inc., Western Surety Company. (Attachments: #1 Proof of Service)(Baghdassarian, Alex) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, County of Los Angeles, case number 22LBCV00053 Receipt No: ACACDC-33055320 - Fee: $402, filed by Defendant Western Surety Company, Tractel, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Proof of Service) (Attorney Alex R Baghdassarian added to party Tractel, Inc.(pty:dft), Attorney Alex R Baghdassarian added to party Western Surety Company(pty:dft))(Baghdassarian, Alex) |
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