Need Essentials U.S.A. LLC v. Need Pty Ltd. et al
| Need Essentials U.S.A. LLC |
| Need Pty Ltd., NeedEssentials IP Pty Ltd., Ryan Scanlon and Does 1 to 10, inclusive |
| 2:2023cv01265 |
| February 20, 2023 |
| US District Court for the Central District of California |
| Stanley Blumenfeld |
| Pedro V Castillo |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| Defendant |
Docket Report
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Filing 27
ORDER VACATING MOTION HEARING by Judge Stanley Blumenfeld, Jr.: In light of the parties' agreement, the April 28, 2023 hearing on the pending motion to dismiss (Dkt. No. #20 ) is VACATED. The Court will allow the parties until April 28 to file their anticipated stipulation of dismissal and intends to dismiss the action without prejudice if no stipulation is timely filed. Failure to file either a stipulation of dismissal or a joint statement providing a detailed explanation of why more time is required by April 28 will be deemed as consent to dismissal of the action without prejudice. SEE ORDER FOR DETAILS. (jgr)
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| Filing 26 STATEMENT Plaintiff's Position Statement re: Order,, #25 . (Sandler, Jonathan) |
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Filing 25
ORDER FOR STATEMENT OF PLAINTIFF'S POSITION by Judge Stanley Blumenfeld, Jr.: Plaintiff takes the position that the Australian court's ruling is not binding on this Court, but Plaintiff does not address the ruling's effect on Plaintiff or suggest any reason why Plaintiff is not bound by the ruling. Accordingly, no later than 9:00 a.m. on April 20, 2023, Plaintiff shall file a short statementnot to include legal argumentindicating whether it intends to dismiss Need Pty Ltd. from this action or to continue to prosecute its claims against Need Pty Ltd. in violation of the Australian court's order. SEE ORDER FOR DETAILS. (jgr)
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| Filing 24 STATEMENT Joint Submission Statement re Australian Court Order (Attachments: #1 Exhibit A, #2 Exhibit B)(Sandler, Jonathan) |
| Filing 23 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case for Forum Non Conveniens #20 Reply in Support of Defendants Need Pty Ltd. and Need Essentials IP Pty Ltd.'s Motion to Dismiss the Action for Forum Non-Conveniens filed by Defendants Need Pty Ltd., NeedEssentials IP Pty Ltd.. (Attachments: #1 Declaration Declaration of Justin Vaatstra in Support of Reply in Support of Defendants' Motion to Dismiss the Action for Forum Non Conveniens, #2 Exhibit Exhibit 6 to Declaration of Justin Vaatstra, #3 Exhibit Exhibit 7 to Declaration of Justin Vaatstra)(Rapore, James) |
| Filing 22 OPPOSITION to re: NOTICE OF MOTION AND MOTION to Dismiss Case for Forum Non Conveniens #20 /Plaintiff Need Essentials U.S.A. LLC's Opposition To Defendants Motion To Dismiss The Action For Forum Non Conveniens filed by Plaintiff Need Essentials U.S.A. LLC. (Attachments: #1 Declaration of Jonathan C. Sandler In Support of Plaintiff Need Essentials U.S.A. LLC's Opposition To Defendants' Motion To Dismiss The Action for Forum Non Conveniens, #2 Exhibit A to Declaration of Jonathan C. Sandler In Support of Plaintiff Need Essentials U.S.A. LLC's Opposition To Defendants' Motion To Dismiss The Action for Forum Non Conveniens, #3 Exhibit B to Declaration of Jonathan C. Sandler In Support of Plaintiff Need Essentials U.S.A. LLC's Opposition To Defendants' Motion To Dismiss The Action for Forum Non Conveniens, #4 Exhibit C to Declaration of Jonathan C. Sandler In Support of Plaintiff Need Essentials U.S.A. LLC's Opposition To Defendants' Motion To Dismiss The Action for Forum Non Conveniens, #5 Declaration of Charles Exon In Support of Plaintiff Need Essentials U.S.A. LLC's Opposition To Defendants' Motion To Dismiss The Action for Forum Non Conveniens, #6 Exhibit A to Declaration of Charles Exon In Support of Plaintiff Need Essentials U.S.A. LLC's Opposition To Defendants' Motion To Dismiss The Action for Forum Non Conveniens, #7 Exhibit B to Declaration of Charles Exon In Support of Plaintiff Need Essentials U.S.A. LLC's Opposition To Defendants' Motion To Dismiss The Action for Forum Non Conveniens)(Sandler, Jonathan) |
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Filing 21
(IN CHAMBER) ORDER by Judge Stanley Blumenfeld, Jr.: Defendants filed a motion to dismiss (Dkt. No. #20 ) and set the matter for hearing on May 5, with a different hearing date of April 28 in the caption of their motion. The Court will hear defendants' motion on April 28, 2023 at 8:30 a.m. in Courtroom 6C.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
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| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss Case for Forum Non Conveniens filed by Defendants Need Pty Ltd., NeedEssentials IP Pty Ltd.. Motion set for hearing on 5/5/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration Declaration of Charles Shaw ISO Defendants' Motion to Dismiss, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Declaration Declaration of Justin Vaatstra ISO Defendants' Motion to Dismiss, #28 Exhibit 1, #29 Exhibit 2, #30 Exhibit 3, #31 Exhibit 4, #32 Exhibit 5, #33 Declaration Declaration of Ryan Scanlon ISO Defendants' Motion to Dismiss, #34 Proposed Order Proposed Order Granting Defendants Need Pty Ltd. and Need Essentials IP Pty Ltd.'s Motion to Dismiss Case for Forum Non Conveniens) (Rapore, James) |
| Filing 19 NOTICE of Change of Lead Counsel filed by Defendants Need Pty Ltd., NeedEssentials IP Pty Ltd., (Rapore, James) |
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Filing 18
ORDER RE MOTIONS FOR SUMMARY JUDGMENT by Judge Stanley Blumenfeld, Jr. (jgr)
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Filing 17
PRETRIAL AND TRIAL ORDER by Judge Stanley Blumenfeld, Jr. (jgr)
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Filing 16
CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: The DOE defendants remaining after 5/26/2023 are dismissed by operation of this Order and without further notice. The Court has reviewed the Joint Rule 26(f) Report and sets the pretrial and trial dates noted in this order based on an evaluation of the complexity of the case. Jury Trial set for 1/22/2024 08:30 AM before Judge Stanley Blumenfeld Jr. Final Pretrial Conference and Hearing on Motions in Limine set for 1/12/2024 10:00 AM before Judge Stanley Blumenfeld Jr. Motion to Amend Pleadings/Add Parties (Hearing Deadline) 5/26/2023. Non-Expert Discovery cut-off 10/20/2023. Discovery Motion Hearing Deadline 10/27/2023. Non-Discovery Motion Hearing Deadline 10/27/2023. Settlement Conference Deadline 11/13/2023. Post-Settlement Status Conference set for 11/24/2023 08:30 AM before Judge Stanley Blumenfeld Jr. Status Report due by 11/17/2023. Trial Filings (First Set) Deadline 12/22/2023. Trial Filings (Second Set) Deadline 12/29/2023. See document for further details. (gk)
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| Filing 15 MINUTES OF Mandatory Scheduling Conference held before Judge Stanley Blumenfeld, Jr.: The Court and the parties discussed the contents of the parties' Joint Rule 26(f) Report. The Court will issue a separate Case Management Order. Within three business days after the court in the pending related action in Australia issues an order on the matter under submission, the parties shall file a joint status report with a copy of the ruling and the parties' respective positions on its impact on this litigation. Court Reporter: Miriam Baird. (gk) |
| Filing 14 CERTIFICATE of Interested Parties filed by Plaintiff Need Essentials U.S.A. LLC, identifying Need Essentials U.S.A. LLC. (Sandler, Jonathan) |
| Filing 13 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff Need Essentials U.S.A. LLC.. (Sandler, Jonathan) |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Adam B Korn counsel for Defendants Need Pty Ltd., NeedEssentials IP Pty Ltd.. Adding Adam B. Korn as counsel of record for Need Pty Ltd. and NeedEssentials IP Pty Ltd. for the reason indicated in the G-123 Notice. Filed by Defendants Need Pty Ltd. and NeedEssentials IP Pty Ltd.. (Attorney Adam B Korn added to party Need Pty Ltd.(pty:dft), Attorney Adam B Korn added to party NeedEssentials IP Pty Ltd.(pty:dft))(Korn, Adam) |
| Filing 11 STIPULATION Extending Time to Answer the complaint as to Need Pty Ltd. answer now due 3/29/2023; NeedEssentials IP Pty Ltd. answer now due 3/29/2023, re Notice of Removal (Attorney Civil Case Opening), #1 , Complaint - (Discovery), filed by Defendants Need Pty Ltd.; NeedEssentials IP Pty Ltd..(Rapore, James) |
| Filing 10 NOTICE of Interested Parties filed by Defendants Need Pty Ltd., NeedEssentials IP Pty Ltd., identifying Need Pty Ltd. (Defendant), NeedEssentials IP Pty Ltd. (Defendant), Need Holdings Pty Ltd. (Owner of Need Pty Ltd. and NeedEssentials IP Pty Ltd.). Ryan Scanlon (Defendant), Need Essentials U.S.A. LLC (Plaintiff),. (Rapore, James) |
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Filing 9
ORDER SETTING SCHEDULING CONFERENCE by Judge Stanley Blumenfeld, Jr.: The Court sets an in-person Mandatory Scheduling Conference set for hearing on March 24, 2023 at 8:30 AM before Judge Stanley Blumenfeld Jr. The parties shall file a Joint Rule 26(f) Report by March 14, 2023. SEE ORDER FOR FURTHER DETAILS. (jgr)
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Filing 8
CIVIL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (jgr)
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| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (car) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Pedro V. Castillo. (car) |
| Filing 3 Declaration of Service of Notice to Adverse Parties and the Court re Notice of Removal of Action to Federal Court filed by Defendants Need Pty Ltd., NeedEssentials IP Pty Ltd. (Attachments: #1 Exhibit A to Declaration of Service)(Rapore, James) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Need Pty Ltd., NeedEssentials IP Pty Ltd.. (Rapore, James) |
| Filing 1 NOTICE OF REMOVAL from Santa Barbara County Superior Court, case number 22CV04542 Receipt No: CCACDC-34822736 - Fee: $402, filed by Defendant Need Pty Ltd., NeedEssentials IP Pty Ltd.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Civil Cover Sheet, #4 Exhibit D - Notice of Assignment) (Attorney James A. Rapore added to party Need Pty Ltd.(pty:dft), Attorney James A. Rapore added to party NeedEssentials IP Pty Ltd.(pty:dft))(Rapore, James) |
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