Pabco Building Products, LLC v. Heat Transfer Solutions, Inc. et al
| Pabco Building Products, LLC |
| Heat Transfer Solutions, Inc., Group Simoneau, Inc., Hayes Cleveland a Division of Unicontrol Inc., Lamtec America, Inc., Access Combustion, Alpha Combustion, Access Combustion, LLC, Alpha Combustion LLC and Does 1 through 100, inclusive |
| Roes |
| 2:2023cv08283 |
| October 2, 2023 |
| US District Court for the Central District of California |
| Alicia G Rosenberg |
| Otis D Wright |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal -- Other Contract |
| Defendant |
Docket Report
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This docket was last retrieved on November 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 22 Receipt of Remand by Los Angeles County Superior Court on 10/27/2023. (lc) |
| Filing 21 TRANSMITTAL of documents to Los Angeles County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles County Superior Court, No.23STCV10212. (lc) |
Filing 20
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On October 13, 2023, the Court ordered Removing Defendant Lamtec America Inc. to show cause why this case should not be remanded for lack of subject matter jurisdiction. (OSC, ECF No. 15.) In its Response, Lamtec represents that "all counsel for all parties... have agreed to stipulate to remand." (Resp., ECF No. 19.) Accordingly, this action is hereby REMANDED to the Superior Court of the State of California, County of Los Angeles, Stanley Mosk Courthouse, 111 N. Hill St., Los Angeles, California 90012, Case No. 23STCV10212. All dates and deadlines are VACATED. The Clerk of the Court shall close this case.(Made JS-6. Case Terminated.) (lc)
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| Filing 19 RESPONSE filed by Defendant Lamtec America, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines/Hearings,,, #15 (Booth, Eileen) |
| Filing 18 NOTICE of Appearance filed by attorney Sharukh Sean Gandhi on behalf of Defendant Heat Transfer Solutions, Inc., Cross Claimant Heat Transfer Solutions, Inc. (Attorney Sharukh Sean Gandhi added to party Heat Transfer Solutions, Inc.(pty:dft), Attorney Sharukh Sean Gandhi added to party Heat Transfer Solutions, Inc.(pty:crc))(Gandhi, Sharukh) |
| Filing 17 ANSWER to Complaint - (Discovery), filed by Defendant Lamtec America, Inc..(Booth, Eileen) |
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Filing 16
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: NOTICE OF PROCEDURAL REMOVAL DEFECT. (SEE DOCUMENT FOR SPECIFICS AS ENUMERATED HEREIN). Pabco has not moved to remand this case based on the procedural defects identifiedabove. Any such motion must be filed no later than November 1, 2023. If Pabco does not move to remand by that date, the Court must assume that Pabco waives any procedural objections it would otherwise be entitled to assert to Lamtecs notice of removal. (lc)
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Filing 15
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court ORDERS the parties TO SHOW CAUSE in writing only, why this action should not be remanded for lack of diversity subject matter jurisdiction. Lamtec shall respond to this OSC no later than October 20, 2023. Plaintiff may respond to this OSC no later than October 27, 2023. No hearing will be held. Lamtecs failure to timely or adequately respond to this OSC may, without further warning, result in the remand of this matter. (lc)
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Filing 14
ORDER that the Scheduling Conference is set for December 4, 2023 at 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc)
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| Filing 13 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Minutes of In Chambers Order/Directive - no proceeding held RE ADA OSC #11 , Minutes of In Chambers Order/Directive - no proceeding held RE ADA CASES #12 were docketed on this case in error, should have been 2:23cv8367 ODW Garcia vs Amerci's Quartz Hill, LLC. (lc) |
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Filing 12
(SEE CLERICAL ERROR DOCKET NO. 13 DOCKETED ON THIS CASE IN ERROR ) .MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER REGARDING PROSECUTION OF CERTAIN CASES UNDER THE AMERICANS WITH DISABILITIES ACT. The Court finds that there is good cause to institute a limited scheduling order concerning basic case prosecution for cases under the Americans With Disabilities Act involving access barriers in places of public accommodation. (SEE DOCUMENT FOR SPECIFIC ENUMERATED REQUIREMENTS AND DEADLINES THEREIN). The failure to comply with this Order in a particular case will result in a sanction of $300.00 payable to the clerk of the court within two weeks of Plaintiff being given notice of noncompliance and dismissal for lack of prosecution. The Court finds these sanctions sufficient and necessary to deter violations of the Order and to achieve timely prosecution of these cases without unnecessary intervention by the Court. (lc) Modified on 10/10/2023 (lc).
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Filing 11
(SEE CLERICAL ERROR DOCKET NO. 13 DOCKETED ON THIS CASE IN ERROR ) .MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:The Court therefore ORDERS Plaintiff to SHOW CAUSE IN WRITING NO LATER THAN TWO WEEKS FROM THE DATE OF THIS ORDER why the Court should exercise supplemental jurisdiction over the Unruh Act claim and any other state law claim asserted in the Complaint. Failure to timely or adequately respond to this Order to Show Cause may, without further warning, result in the dismissal of the entire action without prejudice or the Court declining to exercise supplemental jurisdiction over the Unruh Act and other state law claims, if any, and the dismissal of that claim pursuant to28 USC 1367 (c). (lc) Modified on 10/10/2023 (lc).
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Filing 10
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. EFFECTIVE IMMEDIATELY- No mandatory chambers copies required, EXCEPT FOR EXCEPT FOR motions for summary judgment and any other evidence-heavy motions. The Courts Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the US District Court for the Central District of California to submit documents electronically to the Clerks Office The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to Courts Website and Judges procedures for information as applicable. (lc)
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| CONFORMED E-FILED COPY OF ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT filed by Defendants Access Combustion, LLC, Alpha Combustion LLC. [FILED IN STATE COURT ON 9/13/2023 SUBMITTED ATTACHED TO NOTICE OF LODGING FROM PAGE 50 #9 .(et) |
| NON-CONFORMED COPY OF CROSS-COMPLAINT against Cross-Defendant Roes 1-100, Inclusive, filed by Defendant and Cross-Complainant Heat Transfer Solutions, Inc. [SUBMITTED ATTACHED TO NOTICE OF LODGING FROM PAGE 42 #9 . (et) |
| NON-CONFORMED COPY OF ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT filed by Defendant Heat Transfer Solutions, Inc. [SUBMITTED ATTACHE TO NOTICE OF LODGING FROM PAGE 33 #9 . (et) |
| CONFORMED E-FILED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Pabco Building Products, LLC, upon Defendant Lamtec America, Inc. served on 8/14/2023, answer due 9/5/2023. Service of the Summons and Complaint were executed upon Thoms Kurzawaski, CEO by substituted service of Amada Garcia, UPS Store Manager in compliance with California Code of Civil Procedure by personal service. [FILED IN STATE COURT ON 8/25/2023 SUBMITTED ATTACHED TO NOTICE OF LODGING #9 . (et) |
| CONFORMED E-FILED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Pabco Building Products, LLC, upon Defendant Heat Transfer Solutions, Inc. served on 8/11/2023, answer due 9/1/2023. Service of the Summons and Complaint were executed upon William King, Agent for Service of Process in compliance with California Code of Civil Procedure by personal service. [FILED IN STATE COURT ON 8/23/2023 SUBMITTED ATTACHED TO NOTICE OF LODGING #9 . (et) |
| CONFORMED E-FILED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Pabco Building Products, LLC, upon Defendant Access Combustion served on 8/14/2023, answer due 9/5/2023. Service of the Summons and Complaint were executed upon Andrew Jones, Agent for Service of Process, by substituted of Brandon Bush, Employee, authorized accept in compliance with California Code of Civil Procedure by personal service. [FILED IN STATE COURT ON 8/23/2023 SUBMITTED ATTACHED TO NOTICE OF LODGING #9 . (et) |
| CONFORMED E-FILED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Pabco Building Products, LLC, upon Defendant Alpha Combustion served on 8/14/2023, answer due 9/5/2023. Service of the Summons and Complaint were executed upon Andrew Jones, Agent for Service of Process in compliance with California Code of Civil Procedure by personal service. [FILED IN STATE COURT ON 8/23/2023 SUBMITTED ATTACHED TO NOTICE OF LODGING #9 . (et) |
| CONFORMED E-FILED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Pabco Building Products, LLC, upon Defendant Hayes Cleveland a Division of Unicontrol Inc. served on 8/14/2023, answer due 9/5/2023. Service of the Summons and Complaint were executed upon Henry Herbst, President in compliance with California Code of Civil Procedure by personal service. [FILED IN STATE COURT ON 8/23/203 SUBMITTED ATTACHED TO NOTICE OF LODGING #9 . (et) |
| CONFORMED E-FILED COPY OF COMPLAINT against Defendants Access Combustion, Alpha Combustion, Does 1-100, inclusive, Group Simoneau, Inc., Hayes Cleveland a Division of Unicontrol Inc., Heat Transfer Solutions, Inc., Lamtec America, Inc., filed by Plaintiff Pabco Building Products, LLC. [FILED IN STATE COURT ON 5/5/2023 SUBMITTED ATTACHED TO NOTICE OF LODGING #9 . (et) |
| Filing 9 NOTICE OF LODGING filed by Lamtec America Inc. re Notice of Removal (Attorney Civil Case Opening), #1 (Attachments: #1 Supplement State Court Documents)(Booth, Eileen) |
| Filing 8 AMENDED CIVIL COVER SHEET filed by Defendant Lamtec America, Inc.. (Booth, Eileen) |
| Filing 7 NOTICE of Interested Parties filed by Defendant Lamtec America, Inc., identifying LAMTEC GmbH & Co.KG; Thomas Kurzawski; The Hanover Insurance Group. (Booth, Eileen) |
| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . The following error(s) was found: Other error(s) with document(s): Attachments 1 Civil Cover Sheet is attached to the Notice of Removal. Each of these documents should have been filed and entered separately under its correct event/relief. You need not take any action in response to this notice unless and until the Court directs you to do so. (ghap) |
| Filing 5 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. (ghap) |
| Filing 4 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 2 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alicia G. Rosenberg. (ghap) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles, case number 23STCV10212 Receipt No: ACACDC-36149446 - Fee: $402, filed by Defendant Lamtec America, Inc.. (Attachments: #1 Civil Cover Sheet) (Attorney Eileen T Booth added to party Lamtec America, Inc.(pty:dft))(Booth, Eileen) |
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