Moore Sweeping v. Guy F. Atkinson Construction, LLC et al
| Does 1 through 10, inclusive, International Union of Operating Engineers, Local 12 and Joseph Pacheco |
| Moore Sweeping |
| Guy F. Atkinson Construction, LLC |
| 2:2022cv07496 |
| October 14, 2022 |
| US District Court for the Central District of California |
| Alicia G Rosenberg |
| John F Walter |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal -- Other Contract |
| Plaintiff |
Docket Report
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| Filing 31 WAIVER OF SERVICE Returned Executed filed by Plaintiff/Cross-defendant Moore Sweeping. upon Joseph Pacheco waiver sent by Plaintiff on 11/15/2022, answer due 1/17/2023. Waiver of Service signed by David S. McLeod. (Rowan Cortright, Daniel) |
| Filing 30 WAIVER OF SERVICE Returned Executed filed by Plaintiff/Cross-defendant Moore Sweeping. upon International Union of Operating Engineers, Local 12 waiver sent by Plaintiff on 11/15/2022, answer due 1/17/2023. Waiver of Service signed by David S. McLeod. (Rowan Cortright, Daniel) |
| Filing 29 SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. At the request of the plaintiff, the court sets a telephonic discovery conference for Tuesday, December 20, 2022, at 11:00 a.m. PT. A joint agenda that lists the discovery issues must be filed on or before noon PT on Monday, December 19, 2022. No argument should be included in the joint agenda. When filing the joint agenda, counsel is directed to use the "Discovery Motions - Order re Discovery Matter" event. Participants are to contact Judge Rosenberg's Courtroom Deputy, Karl Lozada, at agr_chambers@cacd.uscourts.gov for the call-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY |
Filing 28
MINUTES (IN CHAMBERS) ORDER DENYING COUNTER-CLAIMANT GUY F. ATKINSON CONSTRUCTION, LLC'S REQUEST FOR ENTRY OF DEFAULT AS TO ITS COUNTERCLAIMS AGAINST COUNTER-DEFENDANT MOORE SWEEPING [filed 11/18/2022; Docket No. #22 ] by Judge John F. Walter. Counter-Claimant Guy F. Atkinson's Request for Entry of Default, filed on November 18, 2022, is DENIED. (iv)
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| Filing 27 Answer to Counterclaim ANSWER to Answer to Complaint (Discovery),, Counterclaim, #14 filed by Plaintiff/Cross-defendant Moore Sweeping.(Rowan Cortright, Daniel) |
| Filing 26 ANSWER to Amended Complaint/Petition #18 DEFENDANT GUY F. ATKINSON CONSTRUCTION, LLCS ANSWER TO PLAINTIFFS FIRST AMENDED COMPLAINT filed by Defendant Guy F. Atkinson Construction, LLC.(Marfori, Jan) |
| Filing 25 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Counter-Defendant Moore Sweeping #22 . The Clerk cannot enter the requested relief as: Request for Entry of Default has been forwarded to the assigned Judge. (bm) |
| Filing 24 NOTICE OF CLERICAL ERROR: Due to clerical error, the following docket entry has been corrected as indicated below. Re: Notice of Deficiency Re: Request for Clerk to Enter Default #23 , Filed date: 11/18/22. Other: Although counsel indicated in docket entry text that this Request for Default is against Counter-Defendant Guy F. Atkinson Construction, LLC, it is actually against Counter-Defendant Moore Sweeping, and as a result the Notice of Deficiency was submitted incorrectly. Correct Notice of Deficiency is being issued forthwith. (bm) |
| Filing 23 NOTICE OF CLERICAL ERROR ISSUED ON 11/22/2022, SEE DKT. NO. #24 . NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Counter-Defendant Guy F. Atkinson Construction, LLC #22 . The Clerk cannot enter the requested relief as: Request for Entry of Default has been forwarded to the assigned Judge. (bm) Modified on 11/22/2022 (bm). |
| Filing 22 REQUEST for Clerk to Enter Default against Counter-Defendant Guy F. Atkinson Construction, LLC filed by Counter-Claimant Guy F. Atkinson Construction, LLC. (Attachments: #1 Declaration J. Nicholas Marfori ISO Request) (Marfori, Jan) |
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Filing 21
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 9/29/2023 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 10/6/2023 at 8:00 AM. Jury Trial set for 10/17/2023 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 20
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on November 28, 2022 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: April 17, 2023. The Joint Report re: Results of Settlement Conference due on: April 21, 2023. (iv)
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| Filing 19 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-6 days, filed by Defendant Guy F. Atkinson Construction, LLC.. (Marfori, Jan) |
| Filing 18 First AMENDED COMPLAINT against defendants All Defendants amending Complaint - (Discovery),, filed by plaintiff Moore Sweeping (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rowan Cortright, Daniel) |
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Filing 17
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Eric Berg to Appear Pro Hac Vice on behalf of Defendant Guy Atkinson Construction, LLC, designating J. Nicholas Marfori as local counsel #15 . (iv)
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| Filing 16 DECLARATION of Ryan H. Crosner re Initial Order upon Filing of Complaint - form only #10 filed by Defendant Guy F. Atkinson Construction, LLC. (Marfori, Jan) |
| Filing 15 APPLICATION of Non-Resident Attorney Eric A. Berg to Appear Pro Hac Vice on behalf of Defendant Guy F. Atkinson Construction, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34201446) filed by Defendant Guy F. Atkinson Construction, LLC. (Attachments: #1 Proposed Order On Application Pro Hac Vice) (Marfori, Jan) |
| Filing 14 ANSWER to Complaint - (Discovery), , COUNTERCLAIM against Moore Sweeping filed by Defendant Guy F. Atkinson Construction, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Marfori, Jan) |
| Filing 13 CERTIFICATE OF SERVICE filed by Defendant Guy F. Atkinson Construction, LLC, served on 10/17/22. (Marfori, Jan) |
| Filing 12 CERTIFICATE OF SERVICE filed by Defendant Guy F. Atkinson Construction, LLC, served on 10/21/22. (Marfori, Jan) |
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Filing 11
MINUTE (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for November 28, 2022 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before November 14, 2022. (iv)
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Filing 10
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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| Filing 9 TEXT ONLY ENTRY ORDER DISMISSING DOES: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 50, inclusive.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Eric A. Berg. 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 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Alicia G. Rosenberg. (sh) |
| CONFORMED E-FILED COPY OF SUMMONS AND COMPLAINT against Defendants Does, Guy F. Atkinson Construction, LLC.Jury Demanded., filed by Plaintiff Moore Sweeping. [FILED IN STATE COURT 09/12/2022 SUBMITTED AS ATTACHMENT NO. 1 EXHIBIT A TO THE NOTICE OF REMOVAL #1 ] (sh) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant Guy F. Atkinson Construction, LLC identifying Clark Construction Group, LLC as Corporate Parent. (Marfori, Jan) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant Guy F. Atkinson Construction, LLC, identifying Clark Construction Group, LLC. (Marfori, Jan) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Guy F. Atkinson Construction, LLC. (Marfori, Jan) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court Pomona Courthouse South, case number 22PSCV01040 Receipt No: ACACDC-34153866 - Fee: $402, filed by Defendant Guy F. Atkinson Construction, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Declaration Marfori Dec ISO Removal, #4 Exhibit 1 to Marfori Dec ISO Removal, #5 Declaration Jake Dixon Dec ISO Removal) (Attorney Jan Nicholas Marfori added to party Guy F. Atkinson Construction, LLC(pty:dft))(Marfori, Jan) |
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