Sunrise Senior Living Management, Inc. v. Midstone, Inc. et al
| SUNRISE SENIOR LIVING MANAGEMENT, INC. |
| MIDSTONE, Inc., DEPENDABLE SOLUTIONS SO CAL, CHRISTIE SCORSUR and Christie Scorsus |
| WARREN TARBELL |
| DAN BECHTEL |
| 2:2022cv03377 |
| May 18, 2022 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| Maame Ewusi-Mensah Frimpong |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on July 15, 2022. A more recent docket listing may be available from PACER.
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| Filing 41 21 DAY Summons Issued on COUNTERCLAIM #37 as to Cross Defendant Dan Bechtel. (yl) |
| Filing 40 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court continues the Motion to Dismiss the Seventh and Eighth Counts of Plaintiff's Complaint #13 , the Joinder in Motion #34 , and the Scheduling Conference to 09/29/2022 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. Counsel shall take notice of this new date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 39 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff Sunrise Senior Living Management, Inc... (West, Michael) |
| Filing 38 Request for Clerk to Issue Summons on Answer to Crossclaim,,, #37 filed by Cross-claimants Midstone, Inc., Warren Tarbell. (Yourist, Daniel) |
| Filing 37 [ANSWER AND COUNTERCLAIM FILED AS CROSSCLAIM] MIDSTONE, INC and WARREN TARBELL ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Crossclaim, #12 filed by defendant and cross-claimants DAN BECHTEL and DEPENDABLE SOLUTIONS SO CAL, CROSSCLAIM against Dan Bechtel filed by Cross-defendant Midstone, Inc., Warren Tarbell.(Yourist, Daniel) Modified on 7/15/2022 (yl). |
| Filing 36 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss THE SEVENTH AND EIGHTH COUNTS OF PLAINTIFFS COMPLAINT with proof of service #13 filed by Defendants Midstone, Inc., Warren Tarbell, Cross Defendants Midstone, Inc., Warren Tarbell. (Yourist, Daniel) |
| Filing 35 Opposition opposition re: NOTICE OF MOTION AND MOTION to Dismiss THE SEVENTH AND EIGHTH COUNTS OF PLAINTIFFS COMPLAINT with proof of service #13 filed by Plaintiff Sunrise Senior Living Management, Inc.. (West, Michael) |
| Filing 34 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss THE SEVENTH AND EIGHTH COUNTS OF PLAINTIFFS COMPLAINT with proof of service #13 filed by Defendant Christie Scorsus. (Attorney Joon Song added to party Christie Scorsus(pty:dft))(Song, Joon) |
| Filing 33 PROOF OF SERVICE Executed by Cross-Claimant Dependable Solutions So Cal, Dan Bechtel, upon Cross-Defendant Midstone, Inc. served on 6/24/2022, answer due 7/15/2022. Service of the Summons and Complaint were executed upon WARREN TARBELL, Registered Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Song, Joon) |
| Filing 32 PROOF OF SERVICE Executed by Cross-Claimant Dependable Solutions So Cal, Dan Bechtel, upon Cross-Defendant Warren Tarbell served on 6/24/2022, answer due 7/15/2022. Service of the Summons and Complaint were executed upon WARREN TARBELL in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Song, Joon) |
| Filing 31 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Kristen A. Bennett to Appear Pro Hac Vice on behalf of Plaintiff Sunrise Senior Living Management, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33515640) #30 , APPLICATION of Non-Resident Attorney David J. Todd to Appear Pro Hac Vice on behalf of Plaintiff Sunrise Senior Living Management, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33515484) #29 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed as to local counsel. Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. Local Rule 83-2.1.3.3(b) Proposed order not attached. (sbou) |
| Filing 30 APPLICATION of Non-Resident Attorney Kristen A. Bennett to Appear Pro Hac Vice on behalf of Plaintiff Sunrise Senior Living Management, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33515640) filed by Plaintiff Sunrise Senior Living Management, Inc.. (West, Michael) |
| Filing 29 APPLICATION of Non-Resident Attorney David J. Todd to Appear Pro Hac Vice on behalf of Plaintiff Sunrise Senior Living Management, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33515484) filed by Plaintiff Sunrise Senior Living Management, Inc.. (West, Michael) |
| Filing 28 21 DAY Summons Issued on Crossclaim, #12 as to cross defendant Midstone, Inc.. (yl) |
| Filing 27 21 DAY Summons Issued on Crossclaim, #12 as to Warren Tarbell. (yl) |
| Filing 26 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Crossclaim, #12 filed by Defendant/Counterclaimant Dan Bechtel, Dependable Solutions So Cal. (Song, Joon) |
| Filing 25 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Crossclaim, #12 filed by Defendant/Counterclaimant Dan Bechtel, Dependable Solutions So Cal. (Song, Joon) |
| Filing 24 CERTIFICATE of Interested Parties filed by Defendants and Counterdefendants Midstone, Inc. and Warren Tarbell Midstone, Inc., Warren Tarbell, identifying Sunrise Senior Living Management, Inc. (Plaintiff), Dan Bechtel (Defendant/Counterclaimant), Dependable Solutions So Cal (Defendant/Crossclaimant), Christie Scorsur (Defendant). (Attorney Daniel J Yourist added to party Midstone, Inc.(pty:crd), Attorney Daniel J Yourist added to party Warren Tarbell(pty:crd))(Yourist, Daniel) |
| Filing 23 CERTIFICATE of Interested Parties filed by Defendant/Counterclaimant Dan Bechtel, Dependable Solutions So Cal, (Song, Joon) |
| Filing 22 CORPORATE DISCLOSURE STATEMENT filed by Defendant Midstone, Inc. identifying (None) as Corporate Parent. (Yourist, Daniel) |
| Filing 21 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION to Dismiss THE SEVENTH AND EIGHTH COUNTS OF PLAINTIFFS COMPLAINT with proof of service #13 , Answer to Complaint (Attorney Civil Case Opening) Crossclaim, #12 by Clerk. The document is accepted as filed. Counsel is to file the certificate on or before 6/21/22. (lom) |
| Filing 20 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #14 , Summons Request #15 , Summons Request #16 . 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. Summons is not directed to the cross defendant(s). The defendants name must appear in the To:section of the summons. Christie is not a named cross defendant; Please add next to SUMMONS IN A CIVIL ACTION on the Crossclaim. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lom) |
| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss THE SEVENTH AND EIGHTH COUNTS OF PLAINTIFFS COMPLAINT with proof of service #13 , Answer to Complaint (Attorney Civil Case Opening), Crossclaim, #12 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Proposed Document was not submitted as separate attachment. Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Other error(s) with document(s): Doc 12 - missing crossclaim caption on title page; Doc 13 - No [Prop] Order. 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. (lom) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Sunrise Senior Living Management, Inc., upon Defendant Christie Scorsus served on 6/13/2022, answer due 7/5/2022. Service of the Summons and Complaint were executed upon Christie Scorsur in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (West, Michael) |
Filing 17
ORDER SETTING SCHEDULING CONFERENCE by Judge Maame Ewusi-Mensah Frimpong. Scheduling Conference set for 7/28/2022 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (kd)
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| Filing 16 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Crossclaim, #12 filed by Defendants Dan Bechtel, Dependable Solutions So Cal. (Song, Joon) |
| Filing 15 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Crossclaim, #12 filed by Defendants Dan Bechtel, Dependable Solutions So Cal. (Song, Joon) |
| Filing 14 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Crossclaim, #12 filed by Defendants Dan Bechtel, Dependable Solutions So Cal. (Song, Joon) |
| Filing 13 NOTICE OF MOTION AND MOTION to Dismiss THE SEVENTH AND EIGHTH COUNTS OF PLAINTIFFS COMPLAINT with proof of service filed by Defendants Midstone, Inc and Warren Tarbell Midstone, Inc., Warren Tarbell. Motion set for hearing on 7/28/2022 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attorney Daniel J Yourist added to party Midstone, Inc.(pty:dft), Attorney Daniel J Yourist added to party Warren Tarbell(pty:dft)) (Yourist, Daniel) |
| Filing 12 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND , CROSSCLAIM against Midstone, Inc., Warren Tarbell filed by Defendants Dependable Solutions So Cal, Dan Bechtel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Attorney Joon Song added to party Dan Bechtel(pty:dft), Attorney Joon Song added to party Dependable Solutions So Cal(pty:dft))(Song, Joon) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Sunrise Senior Living Management, Inc., upon Defendant Warren Tarbell served on 5/21/2022, answer due 6/13/2022. Service of the Summons and Complaint were executed upon Warren Tarbell in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (West, Michael) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Sunrise Senior Living Management, Inc., upon Defendant Midstone, Inc. served on 5/21/2022, answer due 6/13/2022. Service of the Summons and Complaint were executed upon Warren Tarbell, Registered Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (West, Michael) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Sunrise Senior Living Management, Inc., upon Defendant Dependable Solutions So Cal served on 5/23/2022, answer due 6/13/2022. Service of the Summons and Complaint were executed upon Dan Bechtel, Registered Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (West, Michael) |
| Filing 8 PROOF OF SERVICE Executed by Plaintiff Sunrise Senior Living Management, Inc., upon Defendant Dan Bechtel served on 5/23/2022, answer due 6/13/2022. Service of the Summons and Complaint were executed upon Dan Bechtel in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (West, Michael) |
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Filing 7
CIVIL STANDING ORDER by Judge Maame Ewusi-Mensah Frimpong. (yl)
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| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: Other error(s) with document(s): Attachments: # 5 Civil Cover Sheet, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Notice of Interested Parties and Corporate Disclosure Statement, should not have been attached to Docket Entry No. 1. The document(s) should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs.. (sh) |
| Filing 5 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Dan Bechtel, Dependable Solutions So Cal, Midstone, Inc., Christie Scorsus, Warren Tarbell. (Attachments: #1 Dependable Solutions, #2 Midstone, Inc., #3 Christie Scorsur, #4 Warren Tarbel) (sh) |
| Filing 4 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 2 NOTICE OF ASSIGNMENT to District Judge Maame Ewusi-Mensah Frimpong and Magistrate Judge Pedro V. Castillo. (sh) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33322953 - Fee: $402, filed by Plaintiff SUNRISE SENIOR LIVING MANAGEMENT, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Notice of Interested Parties and Corporate Disclosure Statement) (Attorney Michael Paul West added to party SUNRISE SENIOR LIVING MANAGEMENT, INC.(pty:pla))(West, Michael) |
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