Corona College Heights Orange & Lemon Association v. Rancho Rincado LLC et al
| Corona College Heights Orange & Lemon Association |
| Rancho Rincado LLC, Southern California Citrus and Thomas C Hays |
| Emily Tidholm Hays, Emily Tidholm and Etrade Financial Corporation |
| 5:2011cv01786 |
| November 9, 2011 |
| US District Court for the Central District of California |
| Virginia A Phillips |
| Sheri Pym |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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| Filing 49 WRIT of Execution Returned Executed filed. (mrgo) Modified on 5/12/2015 (mrgo). |
| Filing 48 PROOF OF SERVICE re Writ Issued #40 served on 12/11/2013 as to ETrade Financial Corporation. (adu) |
| Filing 47 PROCESS RECEIPT AND RETURN (USM-285) of Writ Issued #40 , returned executed upon Etrade Financial Corporation on 12/11/2013. Remarks: 12/11/13 - Served by registered process server - Serve by RPS. (adu) |
| Filing 46 PROOF OF SERVICE re Writ Issued #40 served on 12/11/13 as tp Emily Tidholm Hays. (adu) |
| Filing 45 PROCESS RECEIPT AND RETURN (USM-285) of Writ Issued #40 , returned executed upon Emily Tidholm Hays on 12/11/13. Remarks: 12/11/13 - mailed by register process server. Serve by mail, Serve by RPS. (adu) |
| Filing 44 PROOF OF SERVICE re Writ Issued #40 served on 12/11/2013 as to Ransho Ricardo LLC. (adu) Modified on 12/20/2013 (adu). |
| Filing 43 PROCESS RECEIPT AND RETURN (USM-285) of Writ Issued #40 , returned executed upon Rancho Rincado LLC on 12/11/2013. Remarks: 12/11/13 - mailed by register process server. Serve by mail, serve by RPS. (adu) |
| Filing 42 PROOF OF SERVICE re Writ Issued #40 served on 12/11/2013 as to Thomas C Hays. (adu) Modified on 12/20/2013 (adu). |
| Filing 41 PROCESS RECEIPT AND RETURN (USM-285) of Writ Issued #40 , returned executed upon Thomas C Hays on 12/11/13. Remarks: 12/11/13 - mailed by registered process server. Serve by mail, Serve by RPS.. (adu) |
| Filing 40 WRIT of Execution issued. (mrgo) |
| Filing 39 AFFIDAVIT AND REQUEST FOR ISSUANCE OF WRIT OF EXECUTION re Judgment #24 filed by Plaintiff Corona College Heights Orange & Lemon Association. (mrgo) |
| Filing 38 PROOF OF SERVICE filed by plaintiff Corona College Heights Orange & Lemon Association, served on Chase Bank on 9/27/13. (adu) |
| Filing 37 PROOF OF SERVICE filed by plaintiff Corona College Heights Orange & Lemon Association, served on Emily Tidholm Hays on 9/27/13. (adu) |
| Filing 36 PROOF OF SERVICE filed by plaintiff Corona College Heights Orange & Lemon Association, served on Thomas C Hays on 9/27/13. (adu) |
| Filing 35 PROOF OF SERVICE filed by plaintiff Corona College Heights Orange & Lemon Association, served on Rancho Rincado LLC on 9/27/13. (adu) |
| Filing 34 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Chase Bank on 9/27/2013. Remarks: served on 9/27/13, mailed on 9/27/13. (adu) |
Filing 31
ORDER by Judge Virginia A. Phillips GRANTING REQUEST FOR SERVICE OF PROCESS BY REGISTERED PROCESS SERVER #30 : (see document image for further details). IT IS SO ORDERED. (ad)
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| Filing 30 REQUEST for Order for Proposed Order for Registered Process Server filed by Plaintiff Corona College Heights Orange & Lemon Association. (Attachments: #1 Exhibit A - (Proposed) Order for Registered Process Sever)(Monroe, June) |
| Filing 29 RESPONSE BY THE COURT TO NOTICE TOFILER OF DEFICIENCIES INELECTRONICALLY FILED DOCUMENTS. ORDER by Deputy Clerk of Court: The document is ordered stricken. Regularly noticed motions require a hearing date in compliance with local rules. RE: MOTION for Order for Granting Request for Service of Process by Registered Process Server #27 . (ad) |
| Filing 33 WRIT OF EXECUTION issued. (ad) |
| Filing 32 AFFIDAVIT AND REQUEST FOR ISSUANCE OF WRIT OF EXECUTION Re Judgment #24 filed by Plaintiff Corona College Heights Orange & Lemon Association. (ad) |
| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Order for Granting Request for Service of Process by Registered Process Server #27 . The following error(s) was found: Incorrect event selected. The correct event is: Requests. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (mrgo) |
| Filing 27 NOTICE OF MOTION AND MOTION for Order for Granting Request for Service of Process by Registered Process Server filed by Plaintiff Corona College Heights Orange & Lemon Association. (Attachments: #1 Exhibit A - (Proposed) Order Granting Request for Service of Process by Registered Process Server)(Monroe, June) |
| Filing 26 ABSTRACT of Judgment issued in favor of plaintiff Corona College Heights Orange & Lemon Association and against Thomas C Hays, Rancho Rincado LLC in the principal amount of $17,001.90, interest in the amount of $4,584.0, attorneys fees of $2,220.11, costs of $1,136.59. RE: Judgment #24 (am) |
| Filing 25 (5) ABSTRACTS of Judgment issued in favor of plaintiff Corona College Heights Orange & Lemon Association and against Thomas C Hays, Rancho Rincado LLC in the principal amount of $ 17,001.90, interest in the amount of $ 4,584.01, attorneys fees of $ 1,137.59, costs of $ 2,220.11. RE: Judgment, #24 (mrgo) |
| Filing 24 JUDGMENT by Judge Virginia A. Phillips: IT IS ORDERED AND ADJUDGED that Judgment is entered in favor of Plaintiff Corona College Heights Orange & Lemon Association (Plaintiff), against Defendants Rancho Rincado, LLC, also trading as Southern California Citrus, and Thomas C. Hays (collectively, Defendants). The Court orders that such judgment be entered. Pursuant to this Judgment, Defendants are ordered to pay Plaintiff: 1) damages in the principal amount of $17,001.90 (the Principal Amount); 2) pre-judgment interest on the Principal Amount through and including November 6, 2012, in the amount of $4,584.01; 3) prejudgment interest on the Principal Amount from November 6, 2012 to the day of judgment at the rate of $8.38 per day; 4) post-judgment interest on the Principal Amount at the rate of 18% per annum; 5) costs in the amount of $1,1365.59; and 6) attorneys fees in the amount of $2,220.11. Defendants are subject to joint and several liability. (MD JS-6, Case Terminated). (am) |
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Filing 23
MINUTES (IN CHAMBERS): ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT by Judge Virginia A. Phillips: Accordingly, the Court GRANTS CCHs Motion for Default Judgment against Defendants Rancho and Hays. The Court ORDERS judgment be entered against Defendants Rancho Rincado, LLC, also trading as Southern California Citrus, and Thomas C. Hays, jointly and severally, in the principal amount of $17,001.9 (the "Principal Amount"); pre-judgment interest on the Principal Amount through and including November 6, 2012 in the amount of $4,584.01; pre-judgment interest on the Principal Amount from November 6, 2012 to the day of judgment at the rate of $8.38 per day; post-judgment interest on the Principal Amount at the rate of 18% per annum; costs in the amount of $1,136.59; and attorneys fees in the amount of $2,220.11. #15 (am)
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| Filing 22 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS. ORDER by Deputy Clerk of Court: The document is accepted as filed RE: Proposed Judgment #19 . (ad) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proposed Judgment #19 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ad) |
| Filing 20 PROOF OF SERVICE filed by Plaintiff Corona College Heights Orange & Lemon Association, re Declaration (Motion related), Declaration (Motion related) #16 , Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) #17 , Memorandum in Support of Motion #18 , MOTION for Default Judgment against Defendants Rancho Rincado, LLC a/t/a Southern California Citrus and Thomas C. Hays #15 , Motion Related Document #19 served on 11/6/2012. (Janowsky, Lewis) |
| Filing 19 PROPOSED JUDGMENT re MOTION for Default Judgment against Defendants Rancho Rincado, LLC a/t/a Southern California Citrus and Thomas C. Hays #15 filed by Plaintiff Corona College Heights Orange & Lemon Association. (Janowsky, Lewis) |
| Filing 18 MEMORANDUM in Support of MOTION for Default Judgment against Defendants Rancho Rincado, LLC a/t/a Southern California Citrus and Thomas C. Hays #15 filed by Plaintiff Corona College Heights Orange & Lemon Association. (Janowsky, Lewis) |
| Filing 17 DECLARATION of Lewis P. Janowsky in support of MOTION for Default Judgment against Defendants Rancho Rincado, LLC a/t/a Southern California Citrus and Thomas C. Hays #15 filed by Plaintiff Corona College Heights Orange & Lemon Association. (Attachments: #1 Exhibit Exhibit 1 - Defaults, #2 Exhibit Exhibit 2 - PACA license, #3 Exhibit Exhibit 3 - PACA Press Release, #4 Exhibit Exhibit 4 - Defendant's webpage, #5 Exhibit Exhibit 5 - Interest amortization, #6 Exhibit Exhibit 6 - billing statements, #7 Exhibit Exhibit 7 - non military status)(Janowsky, Lewis) |
| Filing 16 DECLARATION of Susan Jaspan in support of MOTION for Default Judgment against Defendants Rancho Rincado, LLC a/t/a Southern California Citrus and Thomas C. Hays #15 filed by Plaintiff Corona College Heights Orange & Lemon Association. (Attachments: #1 Exhibit Exhibit 1 - Invoices)(Janowsky, Lewis) |
| Filing 15 NOTICE OF MOTION AND MOTION for Default Judgment against Defendants Rancho Rincado, LLC a/t/a Southern California Citrus and Thomas C. Hays filed by Plaintiff Corona College Heights Orange & Lemon Association. Motion set for hearing on 12/17/2012 at 02:00 PM before Judge Virginia A. Phillips. (Janowsky, Lewis) |
| Filing 14 DEFAULT BY CLERK ENTERED as to *Defendant Thomas C Hays, an individual*. (ad) |
| Filing 13 REQUEST for Clerk to Enter Default against Defendant Thomas C Hays filed by Plaintiff Corona College Heights Orange & Lemon Association. (Janowsky, Lewis) |
| Filing 12 SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Corona College Heights Orange & Lemon Association, by Publication on 5/24/2012 and 5/31/2012 upon Defendant Thomas C Hays last date of publication 6/14/2012, answer due 7/4/2012. Publication was made in the Del Mar Times. (Read, R) |
| Filing 11 DEFAULT BY CLERK ENTERED as to *Defendant Rancho Rincado LLC* (am) |
| Filing 10 APPLICATION for Clerk to Enter Default against Defendant Rancho Rincado LLC filed by Plaintiff Corona College Heights Orange & Lemon Association. (Attachments: #1 Exhibit A)(Read, R) |
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Filing 9
ORDER GRANTING PLAINTIFFS MOTION FOR LEAVE TO SERVE BY PUBLICATION by Judge Virginia A. Phillips: IT IS HEREBY ORDERED THAT (1) Service of Summons in this action be made on Defendant Hays by publication in an adjudicated newspaper most likely to give actual notice to said Defendant Hays and that the Summons be published at least once a week for four successive weeks from the entry of this Order; and (2) A copy of the Summons and of the Complaint and of the Order for Publication be mailed to Defendant Hays forthwith, in the event an address is ascertained before the expiration of the time herein prescribed for publication of Summons. (am)
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| Filing 8 DECLARATION of Lewis P. Janowsky re Response (non-motion), Response (non-motion) #7 Declaration of Lewis P. Janowsky In Support of Plaintiff's Response To OSC Re Dismissal For Lack of Prosecution; Ex Parte Motion For Leave To Serve By Publication On Defendant Thomas C. Hays filed by Plaintiff Corona College Heights Orange & Lemon Association. (Attachments: #1 Exhibit 1 -- Comprehensive Business Report For Defendant Rancho Rincado, LLC, #2 Exhibit 2 -- Rancho Rincado's Contact Information From Its Website, #3 Exhibit 3 -- Affidavit of Reasonable Diligence (Miramar Rd. Address), #4 Exhibit 4 -- Rancho Rincado's PACA License, #5 Exhibit 5 -- Affidavit of Reasonable Diligence (East Benton Rd. Address), #6 Exhibit 6 -- Comprehensive Business Report For Defendant Thomas Hays, #7 Exhibit 7 -- Affidavit of Reasonable Diligence (Sea Knoll Ct. Address))(Janowsky, Lewis) |
| Filing 7 RESPONSE filed by Plaintiff Corona College Heights Orange & Lemon Associationto Minutes of In Chambers Order/Directive - no proceeding held, #5 Plaintiff's Response To OSC re Dismissal For Lack of Prosecution; Ex Parte Motion For Leave To Serve By Publication On Defendant Thomas C. Hays (Attachments: #1 Exhibit 1 -- Proposed Order)(Read, R) |
| Filing 6 PROOF OF SERVICE Executed by Plaintiff Corona College Heights Orange & Lemon Association, upon Defendant Rancho Rincado LLC served on 4/20/2012, answer due 5/11/2012. Service of the Summons and Complaint were executed upon Capitol Corporate Services, Inc. -- Defendant's Registered Agent in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Read, R) |
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Filing 5
MINUTE ORDER IN CHAMBERS ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Virginia A. Phillips: Plaintiff(s) is ordered to show cause in writing no later than May 8, 2012, why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following, as an appropriate response to this OSC, on or before the above date. (am)
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Filing 4
STANDING ORDER by Judge Virginia A. Phillips: READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (am)
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| Filing 3 NOTICE TO PARTIES OF ADR PROGRAM filed.(am) |
| Filing 2 CERTIFICATION of Interested Parties filed by plaintiff Corona College Heights Orange & Lemon Association, (am) (ad). |
| Filing 1 COMPLAINT against defendants Thomas C Hays, Rancho Rincado LLC.Case assigned to Judge Virginia A. Phillips for all further proceedings. Discovery referred to Magistrate Judge Sheri Pym.(Filing fee $ 350 PAID), filed by plaintiff Corona College Heights Orange & Lemon Association.(am) (ad). |
| 21 DAY Summons Issued re Complaint - (Discovery) #1 as to defendants Thomas C Hays, Rancho Rincado LLC. (am) |
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