Joseph McGuinness and Associates, a Professional Law Corporation. v. Johnson Controls, Inc. et al
| Joseph McGuinness & Associates, P.C. and Joseph McGuinness and Associates, a Professional Law Corporation |
| Johnson Controls, Inc. and Does 1-10, inclusive |
| 2:2023cv00929 |
| February 7, 2023 |
| 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 |
| Both |
Docket Report
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This docket was last retrieved on June 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 33 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Fourth Cause of Action, Fifth Cause of Action, Sixth Cause of Action and Punitive Damages from Counterclaim of Johnson Controls, Inc. #30 filed by Defendant Johnson Controls, Inc., Counter Claimant Johnson Controls, Inc.. (Belcher, David) |
| Filing 32 ANSWER to Complaint - (Discovery), Defendant Johnson Controls, Inc.'s First Amended Answer and, COUNTERCLAIM against Johnson Controls, Inc. filed by Defendant/Counter-Plaintiff Johnson Controls, Inc..(Belcher, David) |
| Filing 31 ANSWER to Complaint - (Discovery), DEFENDANT JOHNSON CONTROLS, INC.S FIRST AMENDED ANSWER AND COUNTERCLAIMS; DEMAND FOR JURY TRIAL, COUNTERCLAIM against Joseph McGuinness and Associates, a Professional Law Corporation filed by Defendant/Counter-Plaintiff Johnson Controls, Inc..(Belcher, David) |
| Filing 30 NOTICE OF MOTION AND MOTION to Dismiss Fourth Cause of Action, Fifth Cause of Action, Sixth Cause of Action and Punitive Damages from Counterclaim of Johnson Controls, Inc. filed by Plaintiff/Counter-Defendant Joseph McGuinness and Associates, a Professional Law Corporation. Motion set for hearing on 4/24/2023 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum Points and Authorities) (Flashman, Jeffrey) |
| Filing 29 DECLARATION of Tracy Gregar Ferak in Support of L.R. 7-3 Conference filed by Counter Claimant Johnson Controls, Inc., Defendant Johnson Controls, Inc.. (Ferak, Tracy) |
| Filing 28 DECLARATION of Jeffrey S. Flashman Concerning Meet and Confer in Advance of Motion to Dismiss filed by Plaintiff Joseph McGuinness and Associates, a Professional Law Corporation, Counter Defendant Joseph McGuinness and Associates, a Professional Law Corporation. (Flashman, Jeffrey) |
| Filing 27 Text Entry Order: Plaintiffs Motions to Dismiss, filed on March 7, 2023 (Docket Nos. #25 and #26 ), are STRICKEN for failure to comply with paragraph 5(b) of the Court's Standing Order, which requires the Joint Statement to be filed 3 days after the Local Rule 7-3 conference. If Plaintiff wishes to re-file the Motion, lead counsel shall meet and confer in person or by video by March 14, 2023. If the parties cannot resolve the issues raised in the Motion, within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and those issues that were not resolved with a detailed explanation of why those issues could not be resolved. If a Motion remains necessary, it shall not be filed until 2 days after each party files the declaration required by this Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 26 *Stricken* Corrected NOTICE OF MOTION AND MOTION to Dismiss Third. Fourth, Fifth and Sixth Causes of Action of Counterclaim of Johnson Controls, Inc. filed by Plaintiff/Counter-Defendant Joseph McGuinness and Associates, a Professional Law Corporation. Motion set for hearing on 4/10/2023 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum Points and Authorities, #2 Memorandum Joint Statement of Counsel Re Motion to Dismiss) (Flashman, Jeffrey) Modified on 3/8/2023 (sr). |
| Filing 25 *Stricken* First NOTICE OF MOTION AND MOTION to Dismiss Third. Fourth, Fifth and Sixth Causes of Action of Counterclaim of Johnson Controls, Inc. filed by Plaintiff/Counter-Defendant Joseph McGuinness and Associates, a Professional Law Corporation. Motion set for hearing on 4/10/2023 at 01:30 PM before Judge John F. Walter. (Flashman, Jeffrey) Modified on 3/8/2023 (sr). |
Filing 24
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 11/17/2023 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 11/17/2023 at 8:00 AM. Jury Trial set for 11/28/2023 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 23
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 March 20, 2023 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: August 7, 2023. (iv)
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| Filing 22 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-3 days, filed by Plaintiff Joseph McGuinness and Associates, a Professional Law Corporation, Counter Defendant Joseph McGuinness and Associates, a Professional Law Corporation.. (Flashman, Jeffrey) |
| Filing 21 CERTIFICATE of Interested Parties filed by Plaintiff and Counter-Defendant Joseph McGuinness and Associates, a Professional Law Corporation, identifying Joseph McGuinness & Associates. (Flashman, Jeffrey) |
| Filing 20 DECLARATION of Jeffrey S. Flashman Lead Trial Counsel Declaration filed by Plaintiff Joseph McGuinness and Associates, a Professional Law Corporation, Counter Defendant Joseph McGuinness and Associates, a Professional Law Corporation. (Flashman, Jeffrey) |
| Filing 19 DECLARATION of Tracy Gregar Ferak as Lead Trial Counsel filed by Counter Claimant Johnson Controls, Inc., Defendant Johnson Controls, Inc.. (Ferak, Tracy) |
| Filing 18 CERTIFICATE OF SERVICE filed by Defendant Johnson Controls, Inc., re Initial Order Setting R26 Scheduling Conference - form only,, #13 , Initial Order upon Filing of Complaint - form only #12 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #8 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #9 , Answer to Complaint (Discovery),, Counterclaim, #15 served on 02/14/2023. (Belcher, David) |
| Filing 17 CERTIFICATE OF SERVICE filed by Defendant Johnson Controls, Inc., re Notice of Assignment to United States Judges(CV-18) - optional html form #7 served on 02/14/2023. (Belcher, David) |
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Filing 16
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Tracy Gregar Ferak to Appear Pro Hac Vice on behalf of Defendant Johnson Controls, Inc., designating David Belcher as local counsel #14 . (iv)
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| Filing 15 ANSWER to Complaint - (Discovery), DEFENDANT JOHNSON CONTROLS, INC.S ANSWER AND COUNTERCLAIMS; DEMAND FOR JURY TRIAL, COUNTERCLAIM against Joseph McGuinness and Associates, a Professional Law Corporation filed by Defendant Johnson Controls, Inc..(Belcher, David) |
| Filing 14 APPLICATION of Non-Resident Attorney Tracy Gregar Ferak to Appear Pro Hac Vice on behalf of Defendant Johnson Controls, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34792523) filed by Defendant Johnson Controls, Inc.. (Attachments: #1 Proposed Order on Application to Appear Pro Hac Vice) (Belcher, David) |
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Filing 13
MINUTE (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for March 20, 2023 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 March 3, 2023. (iv)
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Filing 12
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 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Tracy Gregar Ferak. 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) |
| Filing 10 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 100, inclusive. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Alicia G. Rosenberg. (lh) |
| Filing 6 CERTIFICATE OF SERVICE filed by Defendant Johnson Controls, Inc., re Notice of Removal (Attorney Civil Case Opening), #1 CERTIFICATE OF SERVICE OF NOTICE TO STATE COURT AND ADVERSE PARTIES OF REMOVAL TO FEDERAL COURT served on 02/08/2023. (Attachments: #1 Exhibit A - Notice to State Court and Adverse Parties of Removal)(Belcher, David) |
| Filing 5 CERTIFICATE OF SERVICE filed by Defendant Johnson Controls, Inc., re Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties #4 , Certificate/Notice of Interested Parties #3 , Civil Cover Sheet (CV-71) #2 served on 02/08/2023. (Belcher, David) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does, Johnson Controls, Inc. Jury Demanded, filed by Plaintiff Joseph McGuinness and Associates, a Professional Law Corporation. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 12/30/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Joseph McGuinness and Associates, a Professional Law Corporation, upon Defendant Johnson Controls, Inc. served on 1/9/2023, answer due 1/30/2023. Service of the Summons and Complaint were executed upon Emanuel Jacobo, Process Specialist in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 1/25/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 4 UPDATED NOTICE of Interested Parties filed by Defendant Johnson Controls, Inc., identifying Joseph McGuinness & Associates; Johnson Controls International plc. (Belcher, David) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Johnson Controls, Inc., identifying Joseph McGuinness & Associates; Johnson Controls International plc. (Belcher, David) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Johnson Controls, Inc.. (Belcher, David) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 22STCV41074 Receipt No: ACACDC-34759466 - Fee: $402, filed by Defendant Johnson Controls, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Attorney David Belcher added to party Johnson Controls, Inc.(pty:dft))(Belcher, David) |
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