Ralph Karubian v. Kaiser Ventures, LLC et al
| Ralph Karubian |
| Kaiser Ventures, LLC, Gerdau Ameristeel US, Inc, Kaiser Steel Corporation and Tamco |
| Rancho Cucamonga II, Inc., Does 21-30, Levand Steel and Supply Corporation, Inc., LEVAND STEEL & SUPPLY CORPORATION, INC, Ralph Karubian, Trustee of the Ralph Karubian Trust of 2005, CCG Ontario, LLC, Ralph Karubian, As Trustee Of The Ralph Karubian Trust of 2005, FOURTH STREET ROCK CRUSHER, Harsco Corporation and H. Norman Johnson, Jr., Memorial Corporation |
| Harsco Corporation, Inc. and CIL&D, LLC |
| David E Cranston |
| 5:2017cv00597 |
| March 29, 2017 |
| US District Court for the Central District of California |
| Charles F Eick |
| Philip S Gutierrez |
| Torts to Land |
| 42 U.S.C. § 9607 |
| Defendant |
Docket Report
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Filing 146
ORDER ON STIPULATION RE DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(ii) by Judge Philip S. Gutierrez, re Stipulation to Dismiss Case #145 : Based on the stipulation of the parties, and for good cause appearing, IT IS HEREBY ORDERED that: 1. The entire action, including all claims, counter-claims, cross-claims, and third-party complaints asserted herein, is hereby DISMISSED WITH PREJUDICE; and 2. Each party is to bear its own costs, attorney fees, and expenses. (bm)
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| Filing 145 STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by Third-Party Dfendant Harsco Corporation, Inc.. (Attachments: #1 Proposed Order)(Brian, Aaron) |
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Filing 144
MINUTE ORDER IN CHAMBERS by Judge Philip S. Gutierrez: Case should have been closed on entry dated 3/28/2019 #143 (Made JS-6. Case Terminated.) (yl)
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Filing 143
ORDER FOR APPROVAL OF GLOBAL SETTLEMENT, FINDING OF GOOD FAITH SETTLEMENT, AND BAR OF CONTRIBUTION CLAIMS by Judge Philip S. Gutierrez granting #142 MOTION (bm)
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| Filing 142 NOTICE OF MOTION AND MOTION for Hearing Approval of Global Settlement filed by Plaintiff Ralph Karubian. Motion set for hearing on 4/15/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum Points & Authorities, #2 Declaration Stephen R. Onstot, #3 Exhibit A Part 1, #4 Exhibit A Part 2, #5 Exhibit A Part 3, #6 Proposed Order) (Onstot, Stephen) |
| Filing 141 MEDIATION REPORT Filed by Mediator (ADR Panel) David E Cranston: Mediation held on January 16, 2019 and the case has been completely settled. With the filing of this Report, the parties are advised that they must notify the trial judge's deputy courtroom clerk of the fact of settlement and to promptly file documents regarding the final disposition of the case. Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Cranston, David) |
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Filing 140
ORDER GRANTING STIPULATION TO EXTEND TIME FOR GERDAU AMERISTEEL US, INC. AND TAMCO TO RESPOND TO FIRST AMENDED COMPLAINT #137 , by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED THAT Defendants GERDAU AMERISTEEL US, INC. and TAMCO shall have a 60-day extension to answer, move or otherwise respond to the First Amended Complaint in this action, making Defendants' response to the Complaint due on or before April 5, 2019. (bm)
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| Filing 139 First Amended Complaint WAIVER OF SERVICE Returned Executed filed by Plaintiff Ralph Karubian. upon Gerdau Ameristeel US, Inc waiver sent by Plaintiff on 12/6/2018, answer due 2/4/2019. Waiver of Service signed by Maya Lopez Grasse. (Onstot, Stephen) |
| Filing 138 First Amended Complaint WAIVER OF SERVICE Returned Executed filed by Plaintiff Ralph Karubian. upon Tamco waiver sent by Plaintiff on 12/6/2018, answer due 2/4/2019. Waiver of Service signed by Maya Lopez Grasse. (Onstot, Stephen) |
| Filing 137 STIPULATION for Extension of Time to File Answer to April 5, 2019 re Amended Complaint/Petition #132 filed by defendants Gerdau Ameristeel US, Inc, Tamco. (Attachments: #1 Proposed Order)(Attorney Matthew C Wickersham added to party Gerdau Ameristeel US, Inc(pty:dft), Attorney Matthew C Wickersham added to party Tamco(pty:dft))(Wickersham, Matthew) |
| Filing 136 NOTICE OF ERRATA filed by Counter Defendants Harsco Corporation, Harsco Corporation. correcting Notice of Appearance or Withdrawal of Counsel (G-123), #134 TO REMOVE ATTORNEY DALE A. HUDSON FROM CASE (Hudson, Dale) |
| Filing 135 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #134 . The following error(s) was/were found: Docket text and document conflict in adding and terming the attorney. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (ak) |
| Filing 134 Notice of Appearance or Withdrawal of Counsel: for attorney Dale A Hudson counsel for Counter Defendants Harsco Corporation, Harsco Corporation. Filed by Cross-Defendant Harsco Corporation. (Attorney Dale A Hudson added to party Harsco Corporation(pty:cd), Attorney Dale A Hudson added to party Harsco Corporation(pty:cd))(Hudson, Dale) |
| Filing 133 ANSWER to Amended Complaint/Petition #132 DEFENDANT, COUNTER-CLAIMANT, THIRD-PARTY PLAINTIFF, AND THIRD-PARTY DEFENDANT CIL&D,LLC's (1) ANSWER TO FIRST AMENDED COMPLAINT AND (2), COUNTERCLAIM against Ralph Karubian(an individual) filed by Defendant CIL&D, LLC.(Attorney Jason Moberly Caruso added to party CIL&D, LLC(pty:cc))(Caruso, Jason) |
| Filing 132 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Ralph Karubian(Onstot, Stephen) |
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Filing 131
ORDER re LEAVE TO FILE FIRST AMENDED COMPLAINT by Judge Philip S. Gutierrez granting #130 EX PARTE APPLICATION: THEREFORE, IT IS ORDERED that: 1. Plaintiff be permitted to file and serve its First Amended Complaint; 2. Pursuant to Local Rule 15-1, the First Amended Complaint is to be filed within five days of entry of this Order granting leave to do so; 3. Pursuant to Local Rule 15-3, the First Amended Complaint is deemed served on the e~sting parties as of the date this Order is entered. (bm)
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| Filing 130 EX PARTE APPLICATION for Leave to file First Amended Complaint (unopposed) filed by plaintiff Ralph Karubian. (Attachments: #1 Exhibit Ex. A First Amended Complaint, #2 Exhibit Ex. B Service List, #3 Declaration Ex. C Declaration of Stephen Onstot, #4 Proposed Order Proposed Order) (Onstot, Stephen) |
| Filing 129 Notice of Appearance or Withdrawal of Counsel: for attorney Jason Moberly Caruso counsel for Defendant CIL&D, LLC. Adding Jason Moberly Caruso as counsel of record for CIL&D, LLC, a limited liability company, and CCG Ontario, LLC a limited liability company for the reason indicated in the G-123 Notice. Filed by Defendants CIL&D, LLC and CCG Ontario, LLC. (Attorney Jason Moberly Caruso added to party CIL&D, LLC(pty:dft))(Caruso, Jason) |
| Filing 128 MINUTES (IN CHAMBERS) The Court DENIES Defendants' motion to enforce settlement by Judge Philip S. Gutierrez denying #121 MOTION to Enforce: For the foregoing reasons, the Court DENIES Defendants' motion to enforce settlement. Defendants' request that the Court order Plaintiff to compensate them for fees and costs incurred due to the motion is also DENIED. (see document for further details) (bm) |
| Filing 127 MINUTES OF MOTION to Enforce Settlement Agreement CCG Ontario, LLC, CIL&D, LLC #121 Hearing held before Judge Philip S. Gutierrez: Cause called; appearances made. Following oral argument, the Court takes the motion under submission. The parties are ordered to meet with ADR Program Director, Gail Killefer to discuss mediation. Court Reporter: Marea Woolrich. (bm) |
| Filing 126 Objection to Evidence In Support of Opposition to re: NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #121 filed by Counter Claimants CCG Ontario, LLC, CIL&D, LLC. (Van Vlear, John) |
| Filing 125 REPLY In Support of NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #121 filed by Counter Claimants CCG Ontario, LLC, CIL&D, LLC. (Van Vlear, John) |
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Filing 124
ORDER DENYING ON STIPULATION TO CONTINUE DISCOVERY CUT-OFF DATES AND EXPERT DESIGNATION DATES DUE TO MOTION TO ENFORCE SETTLEMENT #123 by Judge Philip S. Gutierrez. (wm)
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| Filing 123 STIPULATION to Continue Discovery Cut-Off, Expert Designation Dates, Pre-Trial Conference, Trial Date from October 1, 2018 to January 15, 2019 filed by Third Party Defendant Rancho Cucamonga II, Inc.. (Attachments: #1 Proposed Order)(O'Neil, Stephen) |
| Filing 122 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #121 filed by Plaintiff Ralph Karubian. (Attachments: #1 Declaration Declaration of S. Onstot)(Onstot, Stephen) |
| Filing 121 NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement CCG Ontario, LLC, CIL&D, LLC. Motion set for hearing on 10/15/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration, #2 Proposed Order) (Van Vlear, John) |
| Filing 120 NOTICE of Unavailability filed by Counter-Claimant, Third Party Plaintiff, Counter-Defendant, Third-Party Defendant, & Cross-Defendant CCG Ontario, LLC, CCG Ontario, LLC(a California Corporation), CIL&D, LLC. (Van Vlear, John) |
| Filing 119 Notice of Appearance or Withdrawal of Counsel: for attorney Stephen J O'Neil counsel for ThirdParty Defendant Rancho Cucamonga II, Inc.. Mercedes A. Cook is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Third Party Defendant Rancho Cucamonga II, Inc.. (O'Neil, Stephen) |
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Filing 118
ORDER ON STIPULATION TO CONTINUE DISCOVERY CUT-OFF DATES AND EXPERT DESIGNATION DATES DUE TO PENDING TENTATIVE SETTLEMENT #117 by Judge Philip S. Gutierrez: 1. The discovery cutoff date shall be continued from June 30, 2018 to October 1, 2018; 2. The initial expert witness disclosure date shall be continued from July 30, 2018 to October 1, 2018; 3. The rebuttal expert witness designation date shall be continued from August 30, 2018 to October 31, 2018; and 4. The last day to complete expert discovery shall be continued from October 30, 2018 to November 30, 2018. IT IS SO ORDERED. (ab)
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| Filing 117 STIPULATION to Continue Discovery Cut-Off Dates and Expert Designation Dates from June 30, 2018 to October 1, 2018 filed by Defendant Rancho Cucamonga II, Inc.. (Attachments: #1 Proposed Order on Stipulation to Continue Discovery Cut-Off Dates and Expert Designation Dates Due to Pending Tentative Settlement)(O'Neil, Stephen) |
| Filing 116 Notice of Appearance or Withdrawal of Counsel: for attorney Joshua J K Anderson counsel for Counter Claimants CCG Ontario, LLC, CCG Ontario, LLC, CCG Ontario, LLC, CCG Ontario, LLC, CCG Ontario, LLC, CCG Ontario, LLC, CIL&D, LLC, Cross Claimants CCG Ontario, LLC, CCG Ontario, LLC, ThirdParty Defendant CCG Ontario, LLC, Cross Defendants CCG Ontario, LLC, CCG Ontario, LLC, ThirdParty Plaintiff CIL&D, LLC, Defendant CIL&D, LLC. Joshua J K Anderson is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants CCG Ontario, LLC; CIL&D, LLC. (Anderson, Joshua) |
| Filing 115 MEDIATION REPORT Filed by Mediator (ADR Panel) David E Cranston: Mediation held on February 22, 2018 and the case has been partially resolved. With the filing of this Report, the parties are advised that they must file a joint stipulation regarding those claims which have been resolved. The following issues remain for this Court to resolve:Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Cranston, David) |
| Filing 114 CERTIFICATION AND NOTICE of Interested Parties filed by Third Party Defendant FOURTH STREET ROCK CRUSHER, identifying Ralph Karubian, an individual; CIL&D, LLC; Kaiser Ventures, LLC; Rancho Cucamonga, II; Levand Steel & Supply Corporation; CCG Ontario, LLC; Harsco Corporation. (Mazgani, Pedram) |
| Filing 113 ANSWER to Answer to Crossclaim,, Counterclaim, #96 filed by Third-Party Defendant H. Norman Johnson, Jr., Memorial Corporation(a Dissolved California Corporation).(Mazgani, Pedram) |
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Filing 112
ORDER by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Answer to Counterclaim #108 , for the following reasons: Local Rule 7.1-1 No Certification of Interested Parties and/or no copies (bm)
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| Filing 111 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Counterclaim #110 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (bm) |
| Filing 110 RANCHO CUCAMONGA II, INC.'S ANSWER to Answer to Counterclaim,,, #97 CCG ONTARIO, LLC'S COUNTERCLAIM filed by Counterdefendant Rancho Cucamonga II, Inc. (a Massachusetts Corporation).(Cook, Mercedes) |
| Filing 109 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Counterclaim #108 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (bm) |
| Filing 108 STRICKEN PURSUANT TO COURT ORDER DATED 12/28/17, DOCUMENT #112 . ANSWER to Answer to Crossclaim,, Counterclaim, #96 of CCG Ontario, LLC filed by Defendant H. Norman Johnson, Jr., Memorial Corporation(a Dissolved California Corporation).(Mazgani, Pedram) Modified on 12/29/2017 (bm). |
| Filing 107 ANSWER to Counterclaim #89 filed by Counter-Defendant Rancho Cucamonga II, Inc. (a Massachusetts Corporation).(Cook, Mercedes) |
| Filing 106 ANSWER to Counterclaim #89 and Cross-claims by Levand Steel & Supply Construction, Inc. filed by defendant H. Norman Johnson, Jr., Memorial Corporation(a Dissolved California Corporation).(Mazgani, Pedram) |
| Filing 105 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Counterclaim #101 . The following error(s) was/were found: No counterclaim caption on document. Other error(s) with document(s): Counsel to adhere to the rules and procedures of the Court when e-filing.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (ab) |
| Filing 104 ANSWER to Counterclaim #89 of Levand Steel & Supply Corporation, Inc. filed by Third Party Defendant Harsco Corporation, Inc..(Brian, Aaron) |
| Filing 103 ANSWER to Counterclaim #89 filed by Third-Party Defendant, Counterclaimant, Crossdefendant, and Crossclaimant CCG Ontario, LLC, CCG Ontario, LLC(a California Corporation).(Anderson, Joshua) |
| Filing 102 ANSWER to Counterclaim #89 filed by Defendant, Counter-Claimant, Third- Party Plaintiff, and Counter-Defendant CIL&D, LLC.(Anderson, Joshua) |
| Filing 101 ANSWER to Answer to Third Party Complaint,,, Crossclaim,,, Counterclaim,, #85 filed by Third Party Defendant Harsco Corporation, Inc..(Brian, Aaron) |
| Filing 100 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) David E Cranston has been assigned to serve as Panel Mediator. (mb) |
| Filing 99 NOTICE OF MEDIATION DATE filed. Mediation set for February 22, 2018 @ 9:00 AM.(Cranston, David) |
| Filing 98 Third Party Defendant Harso Corporation's ANSWER to Counterclaim, #82 filed by Third Party Defendant Harsco Corporation, Inc..(Brian, Aaron) |
| Filing 97 ANSWER to Counterclaim, #82 , COUNTERCLAIM against Rancho Cucamonga II, Inc. (a Massachusetts Corporation) filed by Third-Party Defendant, Counterclaimant, Crossdefendant, and Crossclaimant CCG Ontario, LLC, CCG Ontario, LLC(a California Corporation).(Anderson, Joshua) |
| Filing 96 ANSWER to Answer to Third Party Complaint,,, Crossclaim,,, Counterclaim,, #49 , COUNTERCLAIM against H. Norman Johnson, Jr., Memorial Corporation(a Dissolved California Corporation) filed by Third-Party Defendant, Counterclaimant, Crossdefendant, Crossclaimant CCG Ontario, LLC, CCG Ontario, LLC(a California Corporation).(Anderson, Joshua) |
| Filing 95 AMENDED ANSWER to Third Party Complaint #46 filed by Third-Party Defendant, Counterclaimant, Crossdefendant, Crossclaimant CCG Ontario, LLC, CCG Ontario, LLC(a California Corporation). (Anderson, Joshua) |
| Filing 94 ANSWER to Counterclaim, #82 and Crossclaims of Rancho Cucamonga II, Inc., filed by Counterdefendant FOURTH STREET ROCK CRUSHER, H. Norman Johnson, Jr., Memorial Corporation(a Dissolved California Corporation).(Attorney Pedram F Mazgani added to party H. Norman Johnson, Jr., Memorial Corporation(pty:cd), Attorney Pedram F Mazgani added to party H. Norman Johnson, Jr., Memorial Corporation(pty:cd))(Mazgani, Pedram) |
| Filing 93 ANSWER to Counterclaim, #82 filed by cross defendant Ralph Karubian, Trustee of the Ralph Karubian Trust of 2005.(Onstot, Stephen) |
| Filing 92 ANSWER to Counterclaim, #82 filed by cross defendant Ralph Karubian(an individual).(Onstot, Stephen) |
| Filing 90 PROOF OF SERVICE filed by Counter Claimant LEVAND STEEL & SUPPLY CORPORATION, INC(a California Corporation), re Counterclaim #89 served on 11-20-2017. (Ragan, James) |
| Filing 89 COUNTERCLAIM against Counter Defendants All Parties, filed by Defendant LEVAND STEEL & SUPPLY CORPORATION, INC(a California Corporation).(Ragan, James) |
| Filing 88 PROOF OF SERVICE filed by Cross Defendant LEVAND STEEL & SUPPLY CORPORATION, INC(a California Corporation), re Answer to Counterclaim #87 served on 11-20-2017. (Ragan, James) |
| Filing 87 ANSWER to Counterclaim, #82 filed by Cross Defendant LEVAND STEEL & SUPPLY CORPORATION, INC(a California Corporation).(Ragan, James) |
| Filing 91 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Third Party Complaint, Counter-Claim, And Crossclaims, #85 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Caption of attached document should list all Counterclaim, Crossclaim, and Third-Parties In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (bm) |
| Filing 86 NOTICE of Interested Parties filed by Third-Party Defendant, Counterclaimant, Crossdefendant, and Crossclaimant CCG Ontario, LLC(a California Corporation), CCG Ontario, LLC, (Anderson, Joshua) |
| Filing 85 ANSWER to Third Party Complaint #46 , CROSSCLAIM against Ralph Karubian(an individual), LEVAND STEEL & SUPPLY CORPORATION, INC, Ralph Karubian, Trustee of the Ralph Karubian Trust of 2005, COUNTERCLAIM against Harsco Corporation, Inc. filed by Third-Party Defendant, Counterclaimant, Crossdefendant, and Crossclaimant CCG Ontario, LLC, CCG Ontario, LLC(a California Corporation).(Attorney Joshua J K Anderson added to party CCG Ontario, LLC(pty:3pd), Attorney Joshua J K Anderson added to party CCG Ontario, LLC(pty:crd), Attorney Joshua J K Anderson added to party CCG Ontario, LLC(pty:crd))(Anderson, Joshua) |
| Filing 84 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that David Cranston may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Ralph Karubian(Onstot, Stephen) |
| Filing 83 MINUTES OF ORDER TO SHOW CAUSE HEARING AS TO WHY COUNSEL SHOULD NOT BE SANCTIONED FOR FAILURE TO APPEAR AT THE SCHED CONF Hearing held before Judge Philip S. Gutierrez: Having heard from Mr. Ragan, attorney for Third Party Defendant Levand Steel and Supply Corporation, Inc., the Court accepts his explanation and discharges the order to show cause. Court Reporter: Marea Woolrich. (bm) |
| Filing 82 COUNTERCLAIM against Counterdefendants and Crossdefendants CCG Ontario, LLC, FOURTH STREET ROCK CRUSHER, Harsco Corporation, Inc., Ralph Karubian(an individual), Ralph Karubian, Trustee of the Ralph Karubian Trust of 2005, LEVAND STEEL & SUPPLY CORPORATION, INC; No, filed by Counterclaimant and Crossclaimant Rancho Cucamonga II, Inc. (a Massachusetts Corporation).(Cook, Mercedes) |
| Filing 81 ANSWER to Answer to Third Party Complaint,,, Crossclaim,,, Counterclaim,, #49 by Crossclaimant Fourth Street Rock Crusher filed by Cross-Defendant Rancho Cucamonga II, Inc. (a Massachusetts Corporation).(Cook, Mercedes) |
| Filing 80 ANSWER to Answer to Third Party Complaint,, Crossclaim,, Counterclaim, #43 by Crossclaimant Harsco Corporation filed by Cross-Defendant Rancho Cucamonga II, Inc. (a Massachusetts Corporation).(Cook, Mercedes) |
| Filing 79 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service #77 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Service of Subsequent Document Filings-Proof of Service (subsequent documents). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (bm) |
| Filing 78 NOTICE of Interested Parties filed by Cross Defendant LEVAND STEEL & SUPPLY CORPORATION, INC, (Ragan, James) |
| Filing 77 Proof of Service re: Answer to Crossclaim #76 (Ragan, James) |
| Filing 76 ANSWER to Answer to Third Party Complaint,,, Crossclaim,,, Counterclaim,, #49 Answer to Crossclaim filed by Cross Defendant LEVAND STEEL & SUPPLY CORPORATION, INC.(Ragan, James) |
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Filing 75
MINUTE ORDER IN CHAMBERS re ORDER RE SCHEDULE OF TRIAL AND PRETRIAL DATES by Judge Philip S. Gutierrez: A scheduling conference was held on October 25, 2017. The following dates are hereby set. Please review the Court's trial order for further details. Discovery Cut-Off: 6/30/18; Last Day to File Motions: 12/15/18; Opening Expert Witness Disclosure [See F.R.Civ.P. 26(a)(2)]: 7/30/18; Rebuttal Expert Witness Disclosure: 8/30/18; Expert Discovery Cut-Off: 10/30/18; Final Pretrial Conference (2:30 p.m.): 4/22/19; Jury Trial (9:00 a.m.): 5/7/19, Estimated Length: 7 days (bm)
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Filing 73
ORDER/REFERRAL to ADR Procedure No 2 by Judge Philip S. Gutierrez. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 3/8/19. (pso)
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Filing 72
ORDER FOR JURY TRIAL by Judge Philip S. Gutierrez. Final Pretrial Conference set for 4/22/2019 at 02:30 PM before Judge Philip S. Gutierrez. Jury Trial set for 5/7/2019 at 09:00 AM before Judge Philip S. Gutierrez. (pso)
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| Filing 74 MINUTES OF SCHEDULING CONFERENCE held before Judge Philip S. Gutierrez: Case is called. Appearances are made. Court and counsel confer regarding the status of the case. The Court accepts the parties' proposed dates. A separate order will issue. The Court sets an Order to Show Cause hearing as to why James Ragan, counsel for Third Party Defendant Levand Steel and Supply Corporation, Inc., should not be sanctioned for failure to appear at the scheduling conference. The Order to Show Cause is placed on calendar for November 6, 2017 at 3:00 p.m. Court Reporter: Marea Woolrich. (bm) |
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Filing 71
DEFENDANT HARSCO CORPORATION'S REQUEST FOR PERMISSION TO EXCUSE LEAD TRIAL COUNSEL FROM PERSONAL APPEARANCE AT CONFERENCE; ORDER by Judge Philip S. Gutierrez, re REQUEST FOR PERMISSION TO EXCUSE LEAD COUNSEL FROM PERSONAL APPEARANCE #68 : IT IS SO ORDERED. (bm)
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| Filing 70 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #67 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal G123. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (ak) |
| Filing 69 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request for Permission to Exclude Lead Counsel #68 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests-Order. Proposed Document was not submitted as separate attachment. Proposed order was not submitted as a separate, additional attachment to the Request In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (bm) |
| Filing 68 REQUEST FOR PERMISSION TO EXCUSE LEAD COUNSEL FROM PERSONAL APPEARANCE filed by Cross Claimant Harsco Corporation, Inc., ThirdParty Defendant Harsco Corporation, Inc., ThirdParty Plaintiff Harsco Corporation, Inc., Cross Defendant Harsco Corporation, Inc., Counter Claimant Harsco Corporation, Inc. (Brian, Aaron) |
| Filing 67 NOTICE of Appearance filed by attorney Dale A Hudson on behalf of ThirdParty Defendant Harsco Corporation, Inc. (Attorney Dale A Hudson added to party Harsco Corporation, Inc.(pty:3pd))(Hudson, Dale) |
| Filing 66 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: Based on counsel's request, the hearing TIME for the Scheduling Conference is reset 2:30PM. The hearing date of 10/25/17 shall remain as previously scheduled. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
| Filing 65 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez : On the Court's own motion, the #27 Scheduling Conference is continued to Wednesday, October 25 at 2PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
| Filing 64 ANSWER to Answer to Third Party Complaint,, Crossclaim,, Counterclaim, #43 filed by Defendant, Counter-Claimant, Third-Party Plaintiff, and Counter-Defendant CIL&D, LLC.(Anderson, Joshua) |
| Filing 63 ANSWER to Answer to Third Party Complaint,, Crossclaim,, Counterclaim, #43 Harsco Corporation filed by cross defendant Ralph Karubian(an individual).(Onstot, Stephen) |
| Filing 62 ANSWER to Answer to Third Party Complaint,,, Crossclaim,,, Counterclaim,, #49 Fourth Street Rock Crusher filed by cross defendant Ralph Karubian(an individual).(Onstot, Stephen) |
| Filing 61 ANSWER to Answer to Third Party Complaint,, Crossclaim,, Counterclaim, #43 Harsco Corporation filed by cross defendant Ralph Karubian, Trustee of the Ralph Karubian Trust of 2005.(Onstot, Stephen) |
| Filing 60 ANSWER to Answer to Third Party Complaint,,, Crossclaim,,, Counterclaim,, #49 by Fourth Street Rock Crusher filed by cross defendant Ralph Karubian, Trustee of the Ralph Karubian Trust of 2005.(Onstot, Stephen) |
| Filing 59 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 days, filed by Plaintiff Ralph Karubian.. (Onstot, Stephen) |
| Filing 58 ANSWER to Answer to Third Party Complaint,,, Crossclaim,,, Counterclaim,, #49 filed by Defendant, Counter-Claimant, Third-Party Plaintiff, and Counter-Defendant CIL&D, LLC.(Anderson, Joshua) |
| Filing 57 Third Party Defendant and Cross-Defendant's ANSWER to Answer to Third Party Complaint,,, Crossclaim,,, Counterclaim,, #49 filed by Third Party Defendant and Cross-Defendant Harsco Corporation, Inc..(Brian, Aaron) |
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Filing 56
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO H. NORMAN JOHNSON, JR. MEMORIAL CORPORATION, A DISSOLVED CALIFORNIA CORPORATION F/K/A FOURTH STREET ROCK CRUSHER'S CROSSCLAIM #54 by Judge Philip S. Gutierrez. Pursuant to the Stipulation of defendant Rancho Cucamonga, II, Inc. ("RCII") and H. Norman Johnson, Jr., Memorial Corporation, a dissolved California Corporation f/d/a/ Fourth Street Rock Crusher ("Fourth Street"), and good cause having been shown, it is hereby ORDERED that RCII is granted an extension of time to repon to the Crossclaimant Fourth Street's Crosslcaim until November 6, 2017. IT IS SO ORDERED. (ab)
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Filing 55
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO HARSCO CORPORATION'S CROSSCLAIM #53 by Judge Philip S. Gutierrez. Pursuant to the stipulation of defendant Rancho Cucamonga, II, Inc. ("RCII") and Harsco Corporation, Inc., and good cause having been shown, it is hereby ORDERED that RCII is granted and extension of time to respond to Crossclaimant Harsco's Crossclaim until November 1, 2017. (ab)
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| Filing 54 STIPULATION for Extension of Time to File Response to H. Norman Johnson, Jr., Memorial Corporation, a Dissolved California Corporation F/K/A Fourth Street Rock Crusher's Crossclaim as to Answer to Third Party Complaint,,, Crossclaim,,, Counterclaim,, #49 filed by Third Party Defendant Rancho Cucamonga II, Inc.. (Attachments: #1 Proposed Order)(Cook, Mercedes) |
| Filing 53 STIPULATION for Extension of Time to File as to Answer to Third Party Complaint,, Crossclaim,, Counterclaim, #43 filed by Third Party Defendant Rancho Cucamonga II, Inc.. (Attachments: #1 Proposed Order)(Cook, Mercedes) |
| Filing 52 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Third Party Defendant and Counter-Claimant Harsco Corporation, Inc., upon Counter-Defendant CCG Ontario, LLC served on 9/13/2017, answer due 10/4/2017. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Brian, Aaron) |
| Filing 51 CORPORATE DISCLOSURE STATEMENT filed by ThirdParty Defendant FOURTH STREET ROCK CRUSHER, Counter Claimant FOURTH STREET ROCK CRUSHER, Cross Claimant FOURTH STREET ROCK CRUSHER (Mazgani, Pedram) |
| Filing 50 NOTICE of Interested Parties filed by Third Party Defendant FOURTH STREET ROCK CRUSHER, (Mazgani, Pedram) |
| Filing 49 THIRD PARTY DEFENDANT H. NORMAN JOHNSON, JR., MEMORIAL CORPORATION, A DISSOLVED CALIFORNIA CORPORATION F/K/A FOURTH STREET ROCK CRUSHER'S ANSWER to Third Party Complaint, #20 OF CIL&D, LLC, CROSSCLAIM against CCG Ontario, LLC, Ralph Karubian, Trustee of the Ralph Karubian Trust of 2005, Kaiser Ventures, LLC, Harsco Corporation, Inc., Ralph Karubian, Rancho Cucamonga II, Inc., LEVAND STEEL & SUPPLY CORPORATION, INC, COUNTERCLAIM against CIL&D, LLC filed by Third Party Defendant FOURTH STREET ROCK CRUSHER.(Attorney Pedram F Mazgani added to party FOURTH STREET ROCK CRUSHER(pty:3pd))(Mazgani, Pedram) |
| Filing 48 21 DAY Summons Issued re Third Party Complaint #46 as to Third Party Defendant CCG Ontario, LLC. (bm) |
| Filing 47 Request for Clerk to Issue Summons on Third Party Complaint #46 filed by Third Party Plaintiff Harsco Corporation, Inc.. (Brian, Aaron) |
| Filing 46 THIRD PARTY COMPLAINT against Third Party Defendant CCG Ontario, LLC, filed by Third Party Plaintiff Harsco Corporation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Brian, Aaron) |
| Filing 45 NOTICE of Interested Parties filed by Third Party Defendant Harsco Corporation, Inc., (Brian, Aaron) |
| Filing 44 CORPORATE DISCLOSURE STATEMENT filed by ThirdParty Defendant Harsco Corporation, Inc. (Brian, Aaron) |
| Filing 43 ANSWER to Third Party Complaint, #20 JURY DEMAND, CROSSCLAIM against Ralph Karubian, Trustee of the Ralph Karubian Trust of 2005, Ralph Karubian, Rancho Cucamonga II, Inc., COUNTERCLAIM against CIL&D, LLC filed by Third Party Defendant Harsco Corporation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Attorney Aaron M Brian added to party Harsco Corporation, Inc.(pty:3pd))(Brian, Aaron) |
| Filing 42 Notice of Appearance or Withdrawal of Counsel: for attorney Stephen J O'Neil counsel for ThirdParty Defendant Rancho Cucamonga II, Inc.. Adding Stephen J. O'Neil as counsel of record for Third Party Defendant Rancho Cucamonga, II, Inc. for the reason indicated in the G-123 Notice. Filed by Third Party Defendant Rancho Cucamonga, II, Inc.. (Attorney Stephen J O'Neil added to party Rancho Cucamonga II, Inc. (pty:3pd))(O'Neil, Stephen) |
| Filing 41 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Third Party Complaint #40 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (bm) |
| Filing 40 ANSWER to Third Party Complaint, #20 filed by Third Party Defendant Rancho Cucamonga II, Inc..(Attorney Mercedes Annette Cook added to party Rancho Cucamonga II, Inc. (pty:3pd))(Cook, Mercedes) |
| Filing 39 WAIVER OF SERVICE Returned Executed filed by Third Party Plaintiff CIL&D, LLC. upon Harsco Corporation, Inc. waiver sent by Plaintiff on 7/11/2017, answer due 9/11/2017. Waiver of Service signed by Gina Atwood. (Anderson, Joshua) |
| Filing 38 WAIVER OF SERVICE Returned Executed filed by Third Party Plaintiff CIL&D, LLC. upon Ralph Karubian, Trustee of the Ralph Karubian Trust of 2005 waiver sent by Plaintiff on 7/6/2017, answer due 9/5/2017. Waiver of Service signed by Stephen R. Onstot. (Anderson, Joshua) |
| Filing 37 ANSWER to Third Party Complaint, #20 filed by Third-Party Defendant LEVAND STEEL & SUPPLY CORPORATION, INC.(Attorney James Patrick Ragan added to party LEVAND STEEL & SUPPLY CORPORATION, INC(pty:3pd))(Ragan, James) |
| Filing 36 CERTIFICATE of Interested Parties filed by Third Party Defendant Ralph Karubian, Trustee of the Ralph Karubian Trust of 2005, identifying Ralph Karubian, CIL&D, LLC, Kaiser Ventures, LLC, Rancho Cucamonga II, HARSCO Corporation, Fourth Street Rock Crusher, Levand Steel & Supply Corporation. (Onstot, Stephen) |
| Filing 35 ANSWER to Third Party Complaint, #20 filed by Third Party Defendant Ralph Karubian, Trustee of the Ralph Karubian Trust of 2005.(Attorney Stephen R Onstot added to party Ralph Karubian, Trustee of the Ralph Karubian Trust of 2005(pty:3pd))(Onstot, Stephen) |
| Filing 34 ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #19 of CIL&D, LLC filed by plaintiff Ralph Karubian.(Onstot, Stephen) |
| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Errata #32 . The following error(s) was found: Incorrect event selected. 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. (bm) |
| Filing 32 NOTICE Errata to Complaint filed by Plaintiff Ralph Karubian. (Onstot, Stephen) |
| Filing 31 NOTICE OF DISMISSAL filed by Plaintiff Ralph Karubian pursuant to FRCP 41a(1) without prejudice as to Kaiser Steel Corporation. (Onstot, Stephen) |
| Filing 30 21 DAY Summons Issued re Third Party Complaint #20 as to Third party Defendants FOURTH STREET ROCK CRUSHER, Harsco Corporation, Inc., Ralph Karubian, Trustee of the Ralph Karubian Trust of 2005, LEVAND STEEL & SUPPLY CORPORATION, INC, Rancho Cucamonga II, Inc. (lom) |
| Filing 29 Request for Clerk to Issue Summons on Third Party Complaint, #20 filed by Defendant, Counter-Claimant, and Third-Party Plaintiff CIL&D, LLC. (Anderson, Joshua) |
| Filing 28 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #25 . The following error(s) was found: The names of the defendants must be named exactly as how it appears on the Third-Party Complaint. Also, To: (Third-party defendants name and address), please add "see attached" as not all the defendants name can be fitted in this name and address field. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lom) |
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Filing 27
ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 10/23/2017 at 02:00 PM. (ab)
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| Filing 26 WAIVER OF SERVICE Returned Executed filed by plaintiff Ralph Karubian. Waiver of Service signed by John Van Vlear. (Onstot, Stephen) |
| Filing 25 Request for Clerk to Issue Summons on Third Party Complaint, #20 filed by Defendant, Counter-Claimant, and Third-Party Plaintiff CIL&D, LLC. (Anderson, Joshua) |
| Filing 24 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #23 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. Please do not put "et al" on the caption line. Use the "See Attached" after Ralph Karubian, as Turstee of the Ralph Karubian Trust of 2005. Also attach the first two pages of the 3rd-Party Complaint. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lom) |
| Filing 23 Request for Clerk to Issue Summons on Third Party Complaint, #20 filed by Defendant, Counter-Claimant, Third-Party Plaintiff CIL&D, LLC. (Anderson, Joshua) |
| Filing 22 Certification and NOTICE of Interested Parties filed by Defendant, Counter-Claimant, and Third-Party Plaintiff CIL&D, LLC, identifying CIL&D LLC. (Anderson, Joshua) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:, Answer to Complaint, Counterclaim #19 ; Third Party Complaint #20 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Other error(s) with document(s) are specified below: See court's website for Summons on Third-Party Complaint AO-441. Please fill-out the blank areas of the form. Also, this is a stand alone document. Please efile using the event: Summons Request. 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. (lom) |
| Filing 20 THIRD PARTY COMPLAINT against Third Party Defendants Ralph Karubian, Trustee of the Ralph Karubian Trust of 2005, Rancho Cucamonga II, Inc., Harsco Corporation, Inc., FOURTH STREET ROCK CRUSHER, LEVAND STEEL & SUPPLY CORPORATION, INC ; Jury Demand, filed by Defendant, Counter-Claimant, and Third-Party Plaintiff CIL&D, LLC. (Attachments: #1 Summons on a Third Party Complaint)(Van Vlear, John) |
| Filing 19 ANSWER to Complaint (Attorney Civil Case Opening) #1 , COUNTERCLAIM against Ralph Karubian filed by Defendant, Counter-Claimant, and Third Party Defendant CIL&D, LLC.(Attorney John E Van Vlear added to party CIL&D, LLC(pty:dft))(Van Vlear, John) |
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Filing 18
ORDER by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Waiver of Service #15 , for the following reasons: Title page is missing. Other: Waiver of Service must be filed in pleading format. Please review the Court's form CV108 (bm)
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Filing 17
MINUTE ORDER IN CHAMBERS DISCHARGING OSC re: Lack of Prosecution by Judge Philip S. Gutierrez #13 . On April 27, 2017, the Court issued Plaintiff an order to show cause ("OSC") why the case should not be dismissed for lack of prosecution. Dkt. #13 . Plaintiff was required to respond no later than May 11, 2017. Id. On May 3, 2017, Plaintiff filed a response to the OSC which adequately addresses the Courts concerns. Dkt. #14 . The OSC is hereby DISCHARGED. (pso)
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| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Waiver of Service #15 . The following error(s) was found: Title page is missing. 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. (bm) |
| Filing 15 STRICKEN PURSUANT TO COURT ORDER DATED 6/13/17, DOCUMENT #18 . WAIVER OF SERVICE Returned Executed filed by plaintiff Ralph Karubian. upon CIL&D, LLC waiver sent by Plaintiff on 4/21/2017, answer due 6/20/2017. Waiver of Service signed by j. van vlear. (Onstot, Stephen) Modified on 6/14/2017 (bm). |
| Filing 14 OPPOSITION to OSC re Lack of Prosecution filed by Plaintiff Ralph Karubian. (Attachments: #1 Exhibit Ex. A Notice & Request for Waiver)(Onstot, Stephen) |
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Filing 13
ORDER TO SHOW CAUSE RE LACK OF PROSECUTION by Judge Philip S. Gutierrez. Response to Order to Show Cause due by 5/11/2017. (wm)
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| Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants CIL&D, LLC, Kaiser Steel Corporation, Kaiser Ventures, LLC. (shb) |
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Filing 11
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
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| Filing 10 Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons, #9 filed by plaintiff Ralph Karubian. (Onstot, Stephen) |
| Filing 9 NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (esa) |
| Filing 8 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: Other error(s) with document(s): Notice of Interested Parties filed as a Statement. It should be filed under Notice of Interested Parties. (esa) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Charles F. Eick. (esa) |
| Filing 5 STATEMENT INTERESTED PARTIES filed by Plaintiff Ralph Karubian (Onstot, Stephen) |
| Filing 4 AMENDED CIVIL COVER SHEET filed by Plaintiff Ralph Karubian. (Onstot, Stephen) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Ralph Karubian. (Onstot, Stephen) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Ralph Karubian. (Onstot, Stephen) |
| Filing 1 COMPLAINT Receipt No: 0973-19596846 - Fee: $400, filed by plaintiff Ralph Karubian. (Attorney Stephen R Onstot added to party Ralph Karubian(pty:pla))(Onstot, Stephen) |
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