Beacon Sales Acquisition, Inc. v. Hamilton Ceiling Systems, Inc. et al
| Beacon Sales Acquisition, Inc. and Beacon Sales Acquisition, Inc. doing business as AMS and Allied Building Products |
| Hamilton Ceiling Systems, Inc., Lifetime Industries, Inc., Travelers Casualty and Surety Company of America and Lifetime Industries, Inc. doing business as Parkwest Construction Company |
| WESTERN NATIONAL MUTUAL INSURANCE COMPANY, a Minnesota corporation |
| 5:2019cv01649 |
| August 29, 2019 |
| US District Court for the Central District of California |
| Kenly Kiya Kato |
| Fernando M Olguin |
| Christina A Snyder |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 5, 2019. A more recent docket listing may be available from PACER.
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| Filing 45 DECLARATION of Sean J. Lowe in support of NOTICE OF MOTION AND MOTION for Default Judgment against defendant Hamilton Ceiling Systems, Inc. #42 filed by Plaintiff Beacon Sales Acquisition, Inc.. (Attachments: #1 Exhibit 1 - proof of service, #2 Exhibit 2 - terms and conditions)(Lowe, Sean) |
| Filing 44 DECLARATION of Jonathan Trott in support of NOTICE OF MOTION AND MOTION for Default Judgment against defendant Hamilton Ceiling Systems, Inc. #42 filed by Plaintiff Beacon Sales Acquisition, Inc.. (Attachments: #1 Exhibit 1 - preliminary notices, #2 Exhibit 2 - statement of account, #3 Exhibit 3 - invoices)(Lowe, Sean) |
| Filing 43 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Default Judgment against defendant Hamilton Ceiling Systems, Inc. #42 filed by Plaintiff Beacon Sales Acquisition, Inc.. (Lowe, Sean) |
| Filing 42 NOTICE OF MOTION AND MOTION for Default Judgment against defendant Hamilton Ceiling Systems, Inc. filed by plaintiff Beacon Sales Acquisition, Inc.. Motion set for hearing on 12/5/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Judgment) (Lowe, Sean) |
| Filing 41 PROOF OF SERVICE Executed by CROSS-COMPLAINANTS Lifetime Industries, Inc., Travelers Casualty and Surety Company of America, upon CROSS-DEFENDANT WESTERN NATIONAL MUTUAL INSURANCE COMPANY, a Minnesota corporation served on 10/14/2019, answer due 11/4/2019. Service of the Summons and Complaint were executed upon Daisy Montenegro, Agent for CT Corporation System in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Esmailpour, Houman) |
Filing 40
MINUTES (IN CHAMBERS) ORDER RE: FURTHER PROCEEDINGS by Judge Fernando M. Olguin. Plaintiff shall file and serve a motion for default judgment no later than October 25, 2019, and notice it for hearing pursuant to the Local Rules. (iv)
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| Filing 39 21 DAY Summons Issued re Crossclaim, #25 as to Cross-Defendant WESTERN NATIONAL MUTUAL INSURANCE COMPANY, a Minnesota corporation. (iv) |
| Filing 38 21 DAY Summons Issued re Crossclaim, #25 as to Cross-Defendant Hamilton Ceiling Systems, Inc. (iv) |
| Filing 37 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Crossclaim, #25 filed by Defendants Lifetime Industries, Inc., Travelers Casualty and Surety Company of America. (Esmailpour, Houman) |
| Filing 36 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Crossclaim, #25 filed by Defendants Lifetime Industries, Inc., Travelers Casualty and Surety Company of America. (Esmailpour, Houman) |
| Filing 35 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #34 , #33 . The following error(s) was found: The caption of the summons must match the caption of the Answer/Crossclaim 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 Answer/Crossclaim or a second page addendum to the Summons. Summons should reflect as to Crossclaim. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (iv) |
| Filing 34 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Crossclaim, #25 filed by Defendants Lifetime Industries, Inc., Travelers Casualty and Surety Company of America. (Esmailpour, Houman) |
| Filing 33 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Crossclaim, #25 filed by Defendants Lifetime Industries, Inc., Travelers Casualty and Surety Company of America. (Esmailpour, Houman) |
| Filing 32 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #27 , #28 . The following error(s) was found: The caption of the summons must match the caption of the Answer/Crossclaim 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 Answer/Crossclaim or a second page addendum to the Summons. Summons should reflect as to Crossclaim. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (iv) |
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Filing 31
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 12/19/2019 at 10:00 AM before Judge Fernando M. Olguin. (cw)
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| Filing 30 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. The Order to Show Cause #21 is discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY |
| Filing 29 RESPONSE filed by Plaintiff Beacon Sales Acquisition, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #21 (Lowe, Sean) |
| Filing 28 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Crossclaim, #25 filed by Cross-Claimant Lifetime Industries, Inc., Travelers Casualty and Surety Company of America. (Esmailpour, Houman) |
| Filing 27 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Crossclaim, #25 filed by Cross-Claimant Lifetime Industries, Inc., Travelers Casualty and Surety Company of America. (Esmailpour, Houman) |
| Filing 26 CERTIFICATE of Interested Parties filed by Defendants Lifetime Industries, Inc., Travelers Casualty and Surety Company of America, identifying Beacon Roofing Supply, Inc. (NASDAQ: BECN) Beacon Sales Acquisition, Inc. Hamilton Ceiling Systems, Inc. Travelers Casualty & Surety Company of America Lifetime Industries, Inc. dba Parkwest Construction Co. Western National Mutual Insurance Company. (Esmailpour, Houman) |
| Filing 25 ANSWER to Complaint (Attorney Civil Case Opening), #1 , CROSSCLAIM against Hamilton Ceiling Systems, Inc., WESTERN NATIONAL MUTUAL INSURANCE COMPANY, a Minnesota corporation filed by Defendants Lifetime Industries, Inc., Travelers Casualty and Surety Company of America.(Esmailpour, Houman) |
| Filing 24 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Hamilton Ceiling Systems, Inc. (iv) |
| Filing 23 DECLARATION of Sean J. Lowe in support of APPLICATION for Clerk to Enter Default against defendant Hamilton Ceiling Systems, Inc. #22 filed by Plaintiff Beacon Sales Acquisition, Inc.. (Attachments: #1 Exhibit 1 - affidavit of service)(Lowe, Sean) |
| Filing 22 APPLICATION for Clerk to Enter Default against defendant Hamilton Ceiling Systems, Inc. filed by plaintiff Beacon Sales Acquisition, Inc.. (Attachments: #1 Proposed Order) (Lowe, Sean) |
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Filing 21
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL RE: LACK OF PROSECUTION by Judge Fernando M. Olguin. The court, on its own motion, orders plaintiff(s) to show cause in writing on or before October 9, 2019, why this action should not be dismissed for lack of prosecution. (iv)
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Filing 20
ORDER GRANTING STIPULATION TO EXTEND DEFENDANTS TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, and LIFETIME INDUSTRIES, INC. d/b/a Parkwest Construction Company TIME TO RESPOND TO INITIAL COMPLAINT TO OCTOBER 8, 2019 #19 by Judge Fernando M. Olguin (lc)
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| Filing 19 First STIPULATION for Extension of Time to File Response as to Summons Issued #14 , Summons Issued #15 filed by Defendants Lifetime Industries, Inc., Travelers Casualty and Surety Company of America. (Attachments: #1 Exhibit Order re Stipulation)(Attorney Michelle Renee Berger added to party Lifetime Industries, Inc.(pty:dft), Attorney Michelle Renee Berger added to party Travelers Casualty and Surety Company of America(pty:dft))(Berger, Michelle) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Beacon Sales Acquisition, Inc., upon Defendant Hamilton Ceiling Systems, Inc. served on 9/3/2019, answer due 9/24/2019; Lifetime Industries, Inc. served on 9/3/2019, answer due 9/24/2019; Travelers Casualty and Surety Company of America served on 9/3/2019, answer due 9/24/2019. Service of the Summons and Complaint were executed upon the defendants' agents in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Attachments: #1 Exhibit 1 - affidavit of service on Hamilton Ceiling Systems, Inc., #2 Exhibit 2 - affidavit of service on Travelers Casualty & Surety Company of America, #3 Exhibit 3 - affidavit of service on Lifetime Industries, Inc.)(Lowe, Sean) |
| Filing 17 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY |
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Filing 16
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Christina A. Snyder to Judge Fernando M. Olguin for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:19-cv-01649 FMO(KKx). (rn)
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| Filing 15 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant Lifetime Industries, Inc. d/b/a Parkwest Construction Company (lc) |
| Filing 14 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant Travelers Casualty and Surety Company of America. (lc) |
| Filing 13 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant Hamilton Ceiling Systems, Inc. (lc) |
| Filing 12 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Beacon Sales Acquisition, Inc.. (Lowe, Sean) |
| Filing 11 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Beacon Sales Acquisition, Inc.. (Lowe, Sean) |
| Filing 10 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Beacon Sales Acquisition, Inc.. (Lowe, Sean) |
| Filing 9 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 , Summons Request #3 , Summons Request #2 . The following error(s) was found: The case number and/or judge(s)initials are incorrect. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lh) |
| Filing 8 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: Other error(s) with document(s): Attachments No. 6 Civil Cover Sheet should not have been attached to Docket Entry No. 1. Each document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (lh) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Kenly Kiya Kato. (lh) |
| Filing 5 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Beacon Sales Acquisition, Inc., d/b/a AMS and Allied Building Products, identifying Beacon Roofing Supply, Inc.. (Lowe, Sean) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Beacon Sales Acquisition, Inc., d/b/a AMS and Allied Building Products. (Lowe, Sean) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Beacon Sales Acquisition, Inc., d/b/a AMS and Allied Building Products. (Lowe, Sean) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Beacon Sales Acquisition, Inc., d/b/a AMS and Allied Building Products. (Lowe, Sean) |
| Filing 1 COMPLAINT Receipt No: 0973-24350371 - Fee: $400, filed by Plaintiff Beacon Sales Acquisition, Inc., d/b/a AMS and Allied Building Products. (Attachments: #1 Exhibit 1 - Bond, #2 Exhibit 2 - Preliminary Notice, #3 Exhibit 3 - Unpaid Invoices, #4 Exhibit 4 - Statement of Account, #5 Exhibit 5 - Stop Payment Notice, #6 Civil Cover Sheet) (Attorney Sean J Lowe added to party Beacon Sales Acquisition, Inc., d/b/a AMS and Allied Building Products(pty:pla))(Lowe, Sean) |
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