Sun Hong Foods, Inc. v. Utopia Foods, Inc. et al
Defendant: Utopia Foods, Inc. and Does 1-50, each individual
Petitioner: Sun Hong Foods, Inc.
Case Number: 2:2023cv00770
Filed: February 1, 2023
Court: US District Court for the Central District of California
Presiding Judge: Maria A Audero
Referring Judge: Maame Ewusi-Mensah Frimpong
Nature of Suit: Agriculture Acts
Cause of Action: 07 U.S.C. ยง 499 Agricultural Commodities Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 31, 2023 Filing 23 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court is in receipt of Plaintiff's Response to the Order to Show Cause regarding failure to file a Motion for Default Judgment [ECF No. #22 ]. In the Response, Plaintiff indicates that it has retained an expert who requires additional time to review and prepare the information necessary to produce an accurate damages calculation. Id. at 2. As a result, Plaintiff requests that the Court continue the hearing on the Order to Show Cause from April 6, 2023, to April 20, 2023. Id. at 3. The Court, having considered the request and finding good cause therefor, hereby GRANTS the continuance. The hearing on the Order to Show Cause is continued to April 20, 2023, at 10:00 am. If a Motion for Default Judgment is filed on or before April 14, 2023, the hearing on the Order to Show Cause will be discharged, and no appearances will be necessary on April 20, 2023. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY
March 30, 2023 Filing 22 REQUEST to Continue Hearing on Order to Show Cause from April 6, 2023 to April 20, 2023 Re: Text Only Scheduling Notice,, 21 filed by Plaintiff Sun Hong Foods, Inc.. (Attachments: #1 Affidavit of Kathryn Diemer) (Diemer, Kathryn)
March 13, 2023 Opinion or Order Filing 21 (IN CHAMBERS) ORDER TO SHOW CAUSE re: DEFAULT JUDGMENT by Judge Maame Ewusi-Mensah Frimpong. In light of the Default by Clerk #20 entered on 03/08/2023, the Court sets a hearing for Order to Show Cause re Default Judgment for 04/06/2023, at 10:00 a.m. If a Motion for Default Judgment is filed on or before 03/31/2023, the hearing on the Order to Show Cause will be discharged, and no appearances will be necessary on 04/06/2023. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY.
March 8, 2023 Filing 20 DEFAULT BY CLERK F.R.Civ.P.55(a) as to UTOPIA FOODS, INC. (yl)
March 7, 2023 Filing 19 REQUEST for Clerk to Enter Default against Defendant Utopia Foods, Inc. filed by Plaintiff Sun Hong Foods, Inc.. (Attachments: #1 Declaration Kathryn S. Diemer, #2 Certificate of Service, #3 Proposed Order) (Diemer, Kathryn)
March 6, 2023 Opinion or Order Filing 18 ORDER ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge Maame Ewusi-Mensah Frimpong. The Court hereby orders plaintiff (s) to show cause in writing no later than MARCH 13, 2023 why this action should not be dismissed for lack of prosecution. It is the responsibility of plaintiff to respond promptly to all Orders and to prosecute the action diligently, including filing proofs of service and stipulations extending time to respond. If necessary, plaintiff(s) must also pursue Rule 55 remedies promptly upon default of any defendant. All stipulations affecting the progress of the case must be approved by the Court, Local Rule 7-1. As an alternative to a written response by plaintiff(s), the Court will accept one of the following as an appropriate response to this OSC if it is filed on or before the above date, as evidence that the matter is being prosecuted diligently: Defendant's Answer to Complaint OR Plaintiffs Request for Entry of Default No oral argument of this matter will be heard unless ordered by the Court. The Order will stand submitted upon the filing of a responsive pleading or motion on or before the date upon which a response by plaintiff(s) is due. Plaintiff counsel is ordered to serve this document on defendant(s) within 24 hours after entry on the docket. (yl)
February 24, 2023 Opinion or Order Filing 17 ORDER by Judge Maame Ewusi-Mensah Frimpong: granting #14 Non-Resident Attorney Sun Hong Food, Inc. APPLICATION to Appear Pro Hac Vice on behalf of Sun Hong Food, Inc., designating Edwin C. Schreiber as local counsel. (yl)
February 16, 2023 Filing 16 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Corrected APPLICATION of Non-Resident Attorney Jason R. Klinowski to Appear Pro Hac Vice on behalf of Plaintiff Sun Hong Foods, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 2/8/2023, Receipt No. ACACDC-34760949) #14 . The following error(s) was/were found: Proposed Order has not been flattened and is causing a corruption with the filing. Discrepancy in local counsel's address. Application has address listed 1663 Ventura Blvd, and order has 16633 Ventura Blvd. (lt)
February 16, 2023 Filing 15 PROOF OF SERVICE Executed by Plaintiff Sun Hong Foods, Inc., upon Defendant Utopia Foods, Inc. served on 2/10/2023, answer due 3/3/2023. Service of the Summons and Complaint were executed upon Ian Chen Authorized Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Klinowski, Jason)
February 15, 2023 Filing 14 Corrected APPLICATION of Non-Resident Attorney Jason R. Klinowski to Appear Pro Hac Vice on behalf of Plaintiff Sun Hong Foods, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 2/8/2023, Receipt No. ACACDC-34760949) filed by Plaintiff Sun Hong Foods, Inc.. (Attachments: #1 Exhibit A - Court Admissions, #2 Exhibit B - Certificates of Good Standing, #3 Proposed Order Proposed Order) (Klinowski, Jason)
February 14, 2023 Filing 13 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. No later than 2/21/2023, counsel shall correct the issues as listed in the Notice of Deficiency #11 as it pertains to the Application of Non-Resident Attorney Jason R. Klinowski to Appear Pro Hac Vice #10 . IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY
February 8, 2023 Filing 11 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jason R. Klinowski to Appear Pro Hac Vice on behalf of Plaintiff Sun Hong Foods, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34760949) #10 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(b) Proposed order not attached. Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (lom)
February 8, 2023 Filing 10 APPLICATION of Non-Resident Attorney Jason R. Klinowski to Appear Pro Hac Vice on behalf of Plaintiff Sun Hong Foods, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34760949) filed by Plaintiff Sun Hong Foods, Inc.. Application set for hearing on 8/10/2023 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Diemer, Kathryn)
February 6, 2023 Opinion or Order Filing 12 CIVIL STANDING ORDER by Judge Maame Ewusi-Mensah Frimpong. (kd)
February 2, 2023 Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jason R. Klinowski. 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. (lh)
February 2, 2023 Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Utopia Foods, Inc. (lh)
February 2, 2023 Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh)
February 2, 2023 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
February 2, 2023 Filing 5 NOTICE OF ASSIGNMENT to District Judge Maame Ewusi-Mensah Frimpong and Magistrate Judge Maria A. Audero. (lh)
February 1, 2023 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Sun Hong Foods, Inc.. (Diemer, Kathryn)
February 1, 2023 Filing 3 NOTICE of Interested Parties filed by Plaintiff Sun Hong Foods, Inc., identifying None. (Diemer, Kathryn)
February 1, 2023 Filing 2 CIVIL COVER SHEET filed by Movant Sun Hong Foods, Inc.. (Diemer, Kathryn)
February 1, 2023 Filing 1 COMPLAINT Receipt No: ACACDC-34724531 - Fee: $402, filed by Plaintiff Sun Hong Foods, Inc.. (Attorney Kathryn S Diemer added to party Sun Hong Foods, Inc. (pty:bkmov))(Diemer, Kathryn)

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Petitioner: Sun Hong Foods, Inc.
Represented By: Kathryn S Diemer
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Defendant: Utopia Foods, Inc.
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Defendant: Does 1-50, each individual
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