Crystal Diagnostic Labs v. TNT Consulting Group et al
| Crystal Diagnostic Labs |
| TNT Consulting Group and Tim Shirata |
| Craig Lang |
| 2:2022cv03468 |
| May 20, 2022 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Steve Kim |
| John E McDermott |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| None |
Docket Report
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| Filing 47 OPPOSITION OPPOSITION TO MOTION TO COMPEL re: MOTION to Compel Further Responses to Requests for Production of Documents and Interrogatories and for Monetary Sanctions #44 TNT CONSULTING GROUP LLC AND TIM SHIRATA'S OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL filed by Defendant Tim Shirata. (Attachments: #1 Declaration)(Attorney Nicholas D Jurkowitz added to party Tim Shirata(pty:dft))(Jurkowitz, Nicholas) |
| Filing 46 SCHEDULING NOTICE by Magistrate Judge Steve Kim re: MOTION to Compel Further Responses to Requests for Production of Documents and Interrogatories and for Monetary Sanctions #44 . The hearing on this matter is RESET AND CONTINUED to 9/27/2023 at 10:00 AM before Magistrate Judge Steve Kim. The hearing will be held in Courtroom 540, 5th Floor, Roybal Courthouse. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY |
| Filing 45 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Steve Kim for any discovery and/or post-judgment matters that may be referred. Case number will now read as 2:22-cv-03468 MWF(SKx). (rn) |
| Filing 44 NOTICE OF MOTION AND MOTION to Compel Further Responses to Requests for Production of Documents and Interrogatories and for Monetary Sanctions filed by Plaintiff Crystal Diagnostic Labs. Motion set for hearing on 9/26/2023 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Jared D. Scott, #3 Declaration of Jacob Moench, #4 Proposed Order)(Scott, Jared) |
Filing 43
ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Jared Scott to Appear Pro Hac Vice on behalf of Plaintiff Crystal Diagnostic Labs, Inc., designating Samuel Brooks as local counsel #42 . (iv)
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| Filing 42 APPLICATION of Non-Resident Attorney Jared D. Scott to Appear Pro Hac Vice on behalf of Plaintiff Crystal Diagnostic Labs (Pro Hac Vice Fee - $500.00 Previously Paid on 3/31/2023, Receipt No. 35059839) filed by Plaintiff Crystal Diagnostic Labs. (Attachments: #1 Proposed Order) (Brooks, Samuel) |
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Filing 41
ORDER MODIFYING SCHEDULE #40 by Judge Michael W. Fitzgerald. Final Pretrial Conference and Hearing on Motions in Limine set for 1/22/2024 at 11:00 AM. Jury Trial set for 2/6/2024 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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| Filing 40 Second STIPULATION to AMEND Stipulation to Amend/Correct #37 filed by Plaintiff Crystal Diagnostic Labs. (Attachments: #1 Proposed Order)(Brooks, Samuel) |
| Filing 39 MEDIATION REPORT Filed by Mediator (ADR Panel) Craig Lang: Mediation held on March 15, 2023. The parties are unable to reach an agreement at this time.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(Lang, Craig) |
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Filing 38
ORDER MODIFYING SCHEDULE #37 by Judge Michael W. Fitzgerald. Non-expert Discovery Cut-off: June 2, 2023. (iv)
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| Filing 37 STIPULATION to AMEND Order, Set/Reset Deadlines/Hearings #33 filed by Plaintiff Crystal Diagnostic Labs. (Attachments: #1 Proposed Order)(Brooks, Samuel) |
| Filing 36 NOTICE OF MEDIATION DATE filed. Mediation set for March 15, 2023.(Lang, Craig) |
| Filing 35 NOTICE OF MEDIATION DATE filed. Mediation set for February 1, 2023.(Lang, Craig) |
| Filing 34 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Craig Lang has been assigned to serve as Panel Mediator. (lst) |
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Filing 33
ORDER RE JURY TRIAL by Judge Michael W. Fitzgerald. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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Filing 32
ORDER/REFERRAL to ADR Procedure No 2 by Judge Michael W. Fitzgerald. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than May 12, 2023., Set deadlines and hearings( Rule 26 Meeting Report due by 6/19/2023.) (rolm)
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| Filing 31 NOTICE OF LODGING filed re Joint Report Rule 26(f) Discovery Plan #29 (Attachments: #1 Exhibit A)(Brooks, Samuel) |
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Filing 30
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 21-08 and Orders of the Chief Judge 20-043 and 22-157, the Court VACATES the Scheduling Conference set for 7/18/2022 at 11:00 a.m. No appearances shall be made. The Joint Rule 26(f) Report #29 (Report) filed on 7/1/2022 refers to the Schedule of Pretrial and Trial Dates Worksheet (Worksheet) as an attachment. However, the Worksheet is not attached to the Report. The parties are ORDERED to lodge the Worksheet (utilizing the Notice of Lodging event) no later than 7/13/2022. The Court will then review the parties' Joint Rule 26(f) Report and Worksheet and issue pretrial and trial dates by separate order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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| Filing 29 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff Crystal Diagnostic Labs.. (Brooks, Samuel) |
| Filing 28 ANSWER to Complaint (Attorney Civil Case Opening) #26 COUNTERCLAIM filed by Counterdefendant Crystal Diagnostic Labs.(Brooks, Samuel) |
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Filing 27
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. This matter is set for a scheduling conference on 7/18/2022 at 11:00 AM. (iv)
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| Filing 26 COUNTERCLAIM filed as COMPLAINT Receipt No: ACACDC-33400925 - Fee: $402, filed by Defendant TNT Consulting Group.(Jurkowitz, Nicholas) Modified on 6/2/2022 (rolm). |
| Filing 25 ANSWER filed as COMPLAINT Receipt No: ACACDC-33400857 - Fee: $402, filed by Defendant TNT Consulting Group. (Attorney Nicholas D Jurkowitz added to party TNT Consulting Group(pty:dft))(Jurkowitz, Nicholas) Modified on 6/2/2022 (rolm). |
| Filing 24 NOTICE of Appearance filed by attorney Samuel G. Brooks on behalf of Plaintiff Crystal Diagnostic Labs (Attorney Samuel G. Brooks added to party Crystal Diagnostic Labs(pty:pla))(Brooks, Samuel) |
| Filing 23 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Yevgen Kovalov. 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. (sh) |
| Filing 22 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Adam Alba. 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. (sh) |
| Filing 21 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jared D. Scott. 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. (sh) |
| Filing 20 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 19 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 18 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge John E. McDermott. (sh) |
| Filing 17 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 2:22-cv-00134-HCN-CMR, from District of Utah. The above-referenced case has been transferred to this district and assigned the above civil case number 2:22-cv-03468 MWF (JEMx). (sh) |
| Filing 16 ORIGINAL file, certified copy of transfer order and docket sheet received from Utah |
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Filing 15
ORDER granting #14 Stipulated Motion to Transfer Venue: The Clerk of the Court is hereby ORDERED to transfer this matter to the United States District Court for the Central District of California, for all further proceedings. Signed by Magistrate Judge Cecilia M. Romero on 5/19/22. (dla) [Transferred from Utah on 5/24/2022.]
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| Filing 14 Stipulated MOTION to Change Venue and Memorandum in Support filed by Plaintiff Crystal Diagnostic Labs. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Scott, Jared) [Transferred from Utah on 5/24/2022.] |
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Filing 13
DOCKET TEXT ORDER. On March 4, 2022, Defendant Tim Shirata filed #6 Motion to Dismiss for Lack of Jurisdiction. Plaintiff failed to file a timely response to that motion. No later than May 18, 2022, Plaintiff shall file a brief showing cause why Defendant's motion should not be granted. Failure to do so may result in the court granting the motion without further notice. SO ORDERED. Signed by Judge Howard C. Nielson, Jr. on 5/4/2022. (dgg) [Transferred from Utah on 5/24/2022.]
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| Filing 12 REQUEST to Submit for Decision re #6 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendant Tim Shirata. (Attachments: #1 Text of Proposed Order)(Alba, Adam) [Transferred from Utah on 5/24/2022.] |
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Filing 11
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr on 3/22/22. (dla) [Transferred from Utah on 5/24/2022.]
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| Filing 10 All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Howard C. Nielson, Jr. Magistrate Judge Jared C. Bennett no longer assigned to the case. (mh) [Transferred from Utah on 5/24/2022.] |
| Filing 9 RECEIVED Consent/Reassignment Form from Defendants Tim Shirata, TNT Consulting Group. (mh) [Transferred from Utah on 5/24/2022.] |
| Filing 8 RECEIVED Consent/Reassignment Form from Plaintiff Crystal Diagnostic Labs. (mh) [Transferred from Utah on 5/24/2022.] |
| Filing 7 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiff Crystal Diagnostic Labs, Defendants Tim Shirata, TNT Consulting Group. Form due by 3/22/2022. (alf) [Transferred from Utah on 5/24/2022.] |
| Filing 6 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendant Tim Shirata. (Attachments: #1 Exhibit Consulting Agreement, #2 Exhibit Return of Service) Attorney Adam Alba added to party Tim Shirata(pty:dft)(Alba, Adam) [Transferred from Utah on 5/24/2022.] |
| Filing 5 ANSWER to Complaint filed by TNT Consulting Group.(Alba, Adam) [Transferred from Utah on 5/24/2022.] |
| Filing 4 File downloaded from Third District Court, Salt Lake County Web Xchange consisting of Docket Sheet, Notice of Withdrawal, Summons Returns, Notice of Removal and applicable state court returns. (Attachments: #1 Complaint, #2 Complaint Return of Electronic Notification, #3 Notice of Withdrawal S. Hawe, #4 Notice of Withdrawal Return of Electronic Notification, #5 Summons Return TNT, #6 Summons Return of Electronic Notification, #7 Summons Return Shirata, #8 Summons Return of Electronic Notification, #9 Notice of Removal, #10 Notice of Removal Return of Electronic Notification) (alf) [Transferred from Utah on 5/24/2022.] |
| Filing 3 NOTICE OF ADR, e-mailed or mailed to Plaintiff Crystal Diagnostic Labs, Defendant TNT Consulting Group. (mh) [Transferred from Utah on 5/24/2022.] |
| Filing 2 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 210905615, (Filing fee $ 402, receipt number AUTDC-4260762) filed by TNT Consulting Group. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Complaint filed in State Court, #3 Exhibit ROS of Summons & Complaint to Tim Shirata, #4 Exhibit State Court Docket) Assigned to Magistrate Judge Jared C. Bennett (Alba, Adam) [Transferred from Utah on 5/24/2022.] |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Jared C. Bennett. Defendant TNT Consulting Group is directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (mh) [Transferred from Utah on 5/24/2022.] |
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