Lilian Dela Rosa v. VidiVici, Inc. et al
| Lilian Dela Rosa |
| VidiVici, Inc., Federico Pacquing, Federico Pacquing, Jr. and Does 1-100 |
| Jean M Lawler |
| 2:2022cv02773 |
| April 26, 2022 |
| US District Court for the Central District of California |
| R Gary Klausner |
| John E McDermott |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 56 MEDIATION REPORT Filed by Mediator (ADR Panel) Jean M Lawler: Mediation held on February 3, 2023 and the case has been completely settled. With the filing of this Report, the parties are advised that they must notify the trial judge's deputy courtroom clerk of the fact of settlement and to promptly file documents regarding the final disposition of the case. Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Lawler, Jean) |
| Filing 55 STIPULATED JUDGMENT by Judge R. Gary Klausner that That Defendants have defaulted on the Settlement Agreement by failing to pay the agreed-upon amount of $160,000 on or before 2/13/2023, breaching the Settlement Agreement. Defendants are jointly and severally liable for the $160,000. Plaintiff DELA ROSA is entitled to recover the reasonable attorney's fees and costs that she incurs in enforcement of this Judgment. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT JUDGMENT IS ENTERED in favor of Plaintiff LILIAN DELA ROSA and against Defendants VIDIVICI, INC. and FEDERICO PACQUING, JR. pursuant to this Judgment all of the terms and conditions recited above. (MD JS-6, Case Terminated). (SEE JUDGMENT FOR FURTHER SPECIFICS). (jp) |
| Filing 54 NOTICE OF LODGING filed by Plaintiff LILIAN DELA ROSA re Stipulation for Judgment, #53 (Eballar, Justin) |
| Filing 53 STIPULATION for Judgment as to and against Defendants VidiVici, Inc. and Federico Pacquing, Jr. filed by Plaintiff Lilian Dela Rosa. (Attachments: #1 Exhibit A (Memorandum of Understanding), #2 Exhibit B (Settlement Agreement), #3 Proposed Order (Stipulated Judgment), #4 Affidavit (Proof of Service))(Eballar, Justin) |
| Filing 52 NOTICE OF MEDIATION DATE filed. Mediation set for February 3, 2023.(Lawler, Jean) |
Filing 51
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: Before the Court is Plaintiff's APPLICATION for Default Judgment against Defendant VidiVici, Inc. #50 . In further review of the docket, defendant Federico Pacquing, Jr. remains pending. Accordingly, the hearing date on the Application for Default Judgment as to defendant VidiVici is hereby vacated and taken off calendar. The motion will be reset for hearing at a later date, upon determination of the case as to defendant Pacquing, Jr. SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 50 APPLICATION for Default Judgment against Defendant VidiVici, Inc. filed by Plaintiff Lilian Dela Rosa. Application set for hearing on 1/23/2023 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Exhibit 1 (State of Nevada Secretary of State Business Status), #2 Declaration of Plaintiff Lilian Dela Rosa, #3 Exhibit A to Declaration of Plaintiff Lilian Dela Rosa, #4 Exhibit B to Declaration of Plaintiff Lilian Dela Rosa) (Eballar, Justin) |
| Filing 49 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Jean M Lawler has been assigned to serve as Panel Mediator. (lst) |
| Filing 48 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Jean Lawler may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 1/20/2023 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiff Lilian Dela Rosa(Eballar, Justin) |
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Filing 47
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: Default was entered by the Clerk as to defendant(s) VidiVici, Inc. #46 on 11/30/2022. Counsel shall file the motion for default judgment on or before 12/30/2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 46 DEFAULT BY CLERK F.R.Civ.P.55(a) on First Amended Complaint as to Defendant VidiVici, Inc. (jp) |
| Filing 45 REQUEST for Clerk to Enter Default against Defendant VidiVici, Inc. filed by Plaintiff Lilian Dela Rosa. (Attachments: #1 Declaration of Justin J. Eballar in Support) (Eballar, Justin) |
| Filing 44 ANSWER to Amended Complaint/Petition, #42 filed by Defendant Federico Pacquing, Jr.(Toudic, Philippe) |
| Filing 43 PROOF OF SERVICE filed by Plaintiff Lilian Dela Rosa, re Amended Complaint/Petition, #42 served on November 16, 2022. (Eballar, Justin) |
| Filing 42 FIRST AMENDED COMPLAINT against DEFENDANTS VIDIVICI INC., FEDERICO PACQUING, AND DOES 1-100 All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Lilian Dela Rosa (Attachments: #1 Exhibit 1 (October 2019 Contract), #2 Exhibit 2 (July 2020 Contract))(Eballar, Justin) |
| Filing 41 NOTICE of Entry of ORDER GRANTING PLAINTIFFS MOTION FOR LEAVE TO AMEND THE COMPLAINT TO ADD VIDIVICI, INC., AS A DEFENDANT, re: Order on Motion for Leave,,, #40 , filed by Plaintiff Lilian Dela Rosa. (Eballar, Justin) |
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Filing 40
ORDER GRANTING PLAINTIFFS MOTION FOR LEAVE TO AMEND THE COMPLAINT TO ADD VIDIVICI, INC., AS A DEFENDANT #36 by Judge R. Gary Klausner that Plaintiff's Motion for Leave to Amend the Complaint to Add VidiVici, Inc., is granted. Plaintiffs proposed Amended Complaint and exhibits shall be filed in this Court by Plaintiff on or before 11/16/2022. Pursuant to Local Rule 15-2, the Amended Complaint shall be deemed served upon Defendant Federico Pacquing Jr. as of the date this order is entered. Plaintiff shall serve VidiVici, Inc. in the same manner it had been previously served, which is by email to its attorney, Philippe Toudic at ptoudic@gmail.com. No later than 11/16/2022. Vidivici's Answer shall be filed no later than 11/21/2022. Plaintiffs counsel is directed to give notice of this Order to each party that makes or has made an initial appearance in this action. (jp)
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Filing 39
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: The Motion to Amend the Complaint to Include Vidivici, Inc. #36 , calendared for hearing on 11/7/2022, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 38 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to AMEND THE COMPLAINT TO INCLUDE VIDIVICI, INC. AS A DEFENDANT #36 Response to Motion for LTA filed by Defendant Federico Pacquing, Jr. (Toudic, Philippe) |
| Filing 37 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to AMEND THE COMPLAINT TO INCLUDE VIDIVICI, INC. AS A DEFENDANT #36 (Attachments: #1 Exhibit "A" - [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION FOR LEAVE TO AMEND THE COMPLAINT TO ADD VIDIVICI, INC. AS A DEFENDANT)(Eballar, Justin) |
| Filing 36 NOTICE OF MOTION AND MOTION to AMEND THE COMPLAINT TO INCLUDE VIDIVICI, INC. AS A DEFENDANT filed by Plaintiff Lilian Dela Rosa. Motion set for hearing on 11/7/2022 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of Justin J. Eballar in Support of Motion for Leave to Amend Complaint, #2 Exhibit "A" - Proposed Amended Complaint, #3 Exhibit "1" to the Proposed Amended Complaint, #4 Exhibit "2" to the Proposed Amended Complaint, #5 Proposed Order) (Eballar, Justin) |
| Filing 35 MINUTES OF ORDER TO SHOW CAUSE AND SCHEDULING CONFERENCE held before Judge R. Gary Klausner. Case called. Court and counsel confer. The Order to Show Cause is discharged. The Scheduling Conference is held and the Court sets the following dates: Jury Trial (Est. 4 days): May 2, 2023 at 9:00 a.m. Pretrial Conference: April 17, 2023 at 9:00 a.m. Motion Cut-Off Date (last day to file): February 17, 2023 Discovery Cut-Off Date (fact discovery): February 3, 2023 Last day to amend the complaint or add parties is October 5, 2022 The parties shall participate in ADR #2. IT IS SO ORDERED. Court Reporter: Sheri Kleeger. (rolm) |
| Filing 34 RESPONSE filed by Defendant Federico Pacquing, Jrto Status Conference - optional html form,, Terminate Deadlines and Hearings,, Set/Reset Hearing, #32 Response to OSC re Sanctions (Attachments: #1 Declaration of Philippe Toudic, Esq.)(Toudic, Philippe) |
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Filing 33
MINUTE (IN CHAMBERS) Order Dismissing Defendant VidiVici for Lack of Prosecution by Judge R. Gary Klausner. (See Civil Minutes for further specifics). (jp)
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| Filing 32 MINUTES OF SCHEDULING CONFERENCE (Not Held)/STATUS CONFERENCE before Judge R. Gary Klausner: The Court sets an Order to Show Cause Hearing for 9/26/2022, at 9:00 AM., todetermine why the responses to the Complaint should not be stricken and/or why sanctions should not be issued for failure to comply with this Courts order. A written response is due by 9/22/2022.The Scheduling Conference is continued to 9/26/2022, at 9:00 AM. Court Reporter: Sherri Kleeger. (jp) |
| Filing 31 Notice Change of Telephone Number filed by Defendant Federico Pacquing, Jr. (Toudic, Philippe) |
| Filing 30 NOTICE OF CLERICAL ERROR: The Standing Order #29 was issued in this action in error and should be disregarded.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY |
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Filing 29
(DOCUMENT ISSUED IN ERROR. DISREGARD) - STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (jre) Modified on 9/16/2022 (jre).
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Filing 28
DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner re EX PARTE APPLICATION to Continue Scheduling Conference #26 . NO GOOD CAUSE SHOWN. (jp)
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| Filing 27 NOTICE OF LODGING filed re First EX PARTE APPLICATION to Continue Scheduling Conference from September 19, 2022 to September 26, 2022 Re: Initial Order Setting R26 Scheduling Conference - form only #13 #26 (Attachments: #1 Exhibit A - [PROPOSED] ORDER GRANTING PLAINTIFFS UNOPPOSED EX PARTE APPLICATION TO CONTINUE SCHEDULING CONFERENCE)(Eballar, Justin) |
| Filing 26 First EX PARTE APPLICATION to Continue Scheduling Conference from September 19, 2022 to September 26, 2022 Re: Initial Order Setting R26 Scheduling Conference - form only #13 filed by Plaintiff (and UNOPPOSED BY DEFENDANT(S)) Lilian Dela Rosa. (Attachments: #1 Declaration of Justin J. Eballar, Esq. in Support of Ex Parte Application to Continue Scheduling Conference, #2 Exhibit A to Declaration of Justin J. Eballar, Esq. in Support of Ex Parte Application to Continue Scheduling Conference) (Eballar, Justin) |
| Filing 25 JOINT RULE 26(f) REPORT filed by Plaintiff Lilian Dela Rosa. (Eballar, Justin) |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff Lilian Dela Rosa, upon Defendant Service of the Summons and Complaint were executed upon Phillipe Toudic, Esq., counsel for VidiVici Inc., authorized to accept electronic service in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. Service was executed upon Mr. Toudic by email on June 29, 2022 after failed attempts at personal service and after obtaining consent to serve in this manner. (Eballar, Justin) |
| Filing 23 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: PROOF OF SERVICE UNDER FRCP 5(b)(2)(D) #19 . The document is stricken in favor of the proper filing of the proof of service upon Defendant VidiVici on or before September 6, 2022. (jre) |
| Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days) #19 . The following error(s) was/were found: (1) Incorrect statute prompt of FRCP 5(b)(2)(D) selected...service was NOT made on the Clerks Office of USDC. 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) |
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Filing 21
MINUTES (In Chambers) Order to Show Cause re Dismissal for Lack of Prosecution by Judge R. Gary Klausner. The court, on its own motion, orders plaintiff(s) to show cause in writing on or before 9/6/2022, why this action should not be dismissed for lack of prosecution as to certain defendant/s. (jre)
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| Filing 20 DECLARATION of Justin J. Eballar, Esq. re Order to Show Cause, #18 filed by Plaintiff Lilian Dela Rosa. (Eballar, Justin) |
| Filing 19 (DOCUMENT STRICKEN PER ORDER #23 .) PROOF OF SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Lilian Dela Rosa, upon Defendant Federico Pacquing, Jr served on 6/29/2022, answer due 7/20/2022; VidiVici, Inc. served on 6/29/2022, answer due 7/20/2022. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Parties stipulated to allow responsive pleading by 07/30/2022) (Eballar, Justin) Modified on 9/1/2022 (jre). |
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Filing 18
MINUTES (In Chambers) Order to Show Cause re Dismissal for Lack of Prosecution by Judge R. Gary Klausner. The court, on its own motion, orders plaintiff(s) to show cause in writing on or before 8/31/2022, why this action should not be dismissed for lack of prosecution as to certain defendant/s. (See Civil Minutes for further specifics). (jp)
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| Filing 17 NOTICE OF ERRATA filed by Defendant Federico Pacquing, Jr. correcting Notice (Other) #16 Notice of Interested Parties (Toudic, Philippe) |
| Filing 16 Notice of Interested Parties filed by Defendant Federico Pacquing, Jr. (Toudic, Philippe) |
| Filing 15 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer to Complaint (Attorney Civil Case Opening) #12 by Judge R. Gary Klausner. Counsel shall file the required Notice of Interested Parties on or before 8/5/2022 or risk the striking of the Answer. (jre) |
| Filing 14 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint filed by Defendant Federico Pacquing, Jr #12 . The following error(s) was/were found: (1) No Notice of Interested Parties and/or no copies. (2) Counsel must comply with Local Rule 7.1-1. 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) |
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Filing 13
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 9/12/2022. Scheduling Conference set for 9/19/2022, at 09:00 AM. (jre)
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| Filing 12 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Federico Pacquing, Jr.(Attorney Philippe A Toudic added to party Federico Pacquing, Jr(pty:dft))(Toudic, Philippe) |
| Filing 11 NOTICE of Interested Parties filed by Plaintiff Lilian Dela Rosa, (Eballar, Justin) |
| Filing 10 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Complaint (Attorney Civil Case Opening) #1 Counsel shall file the required Notice of Interested Parties on or before close of business April 29, 2022. (hc) |
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Filing 9
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (hc)
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| Filing 8 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (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 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Federico Pacquing, Jr, VidiVici, Inc. (ghap) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge John E. McDermott. (ghap) |
| Filing 3 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Lilian Dela Rosa. (Eballar, Justin) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Lilian Dela Rosa. (Eballar, Justin) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33194709 - Fee: $402, filed by Plaintiff Lilian Dela Rosa. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Attorney Justin J Eballar added to party Lilian Dela Rosa(pty:pla))(Eballar, Justin) |
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