Associated Fleet Corp. v. ASAP Truck and Trailer Repair, Inc. et al
| Associated Fleet Corp., a Florida Corporation and Associated Fleet Corp. |
| ASAP Truck and Trailer Repair, Inc., DOES 1-10 Inclusive, Juan M Olivas, Gisela E Amado, Juan Olivas, Gisela Amado and Does 1 through 10, inclusive |
| Joseph Wihbey |
| Rebecca Callahan |
| 5:2019cv01819 |
| September 23, 2019 |
| US District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| R Gary Klausner |
| Sheri Pym |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| Plaintiff |
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Filing 181
TEXT ENTRY (IN CHAMBERS) ORDER RE TRIAL EXHIBITS by Judge Fernando L. Aenlle-Rocha: Counsel are directed to contact the courtroom deputy no later than April 5, 2023 to arrange a date and time to pick up any USB flash drive trial exhibits. If arrangements are not made by April 5, 2023 the USB flash drives will be destroyed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 180 TRANSCRIPT ORDER as to Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas for Court Reporter. Court will contact Joshua Ehrenpfort at jehrenpfort@krolaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Kronenberg, William) |
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Filing 179
ORDER DISMISSING ACTION by Judge Fernando L. Aenlle-Rocha: Having considered the Notice of Settlement #177 and finding good cause therefor, the court hereby ORDERS: 1. All deadlines governing this action are vacated. 2. The court DISMISSES the action without prejudice. The court retains jurisdiction to vacate this Order and to reopen the action within 60 days from the date of this Order. 3. This Order does not preclude the filing of a stipulation of dismissal with prejudice pursuant to Fed. R. Civ. P. 41, which does not require approval of the court. (Made JS-6. Case Terminated.) (lc)
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| Filing 178 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice (Other) #177 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice : Settlement. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 177 Notice of Settlement filed by plaintiff & counter-defendants Associated Fleet Corp.. (Ernster, Elizabeth) |
| Filing 176 MINUTES RE FIRST DAY JURY TRIAL held before Judge Fernando L. Aenlle-Rocha: No Trial Held. Settlement reached and placed on the record. The Court directs the Partis to file a Notice of Settlement by the close of business on September 2, 2022. Court Reporter: Suzanne McKinnon. (lc) |
| Filing 175 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Association of Counsel #174 . The following error(s) was/were found: Notice of Association of Counsel not signed by Mary Lu. 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 174 NOTICE of Association of Counsel associating attorney Mary Lu on behalf of Plaintiff Associated Fleet Corp.. Filed by Plaintiff Associated Fleet Corp. (Ernster, Elizabeth) |
| Filing 173 Witness List filed by Plaintiff Associated Fleet Corp... (Ernster, Elizabeth) |
| Filing 172 Amended Joint Exhibit List Exhibit List filed by plaintiff & counter-defendants Associated Fleet Corp... (Ernster, Elizabeth) |
| Filing 171 NOTICE OF LODGING filed re Notice of Lodging #154 (Attachments: #1 Amended Joint Stipulated Admitted Facts)(Ernster, Elizabeth) |
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Filing 170
(IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: The jury trial is continued from August 30, 2022, to August 31, 2022, at 8:30 a.m. in Courtroom 6B. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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Filing 169
FINAL PRETRIAL CONFERENCE ORDER approved by Judge Fernando L. Aenlle-Rocha (lc)
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| Filing 168 Notice filed by Plaintiff and Counter-Defendant Associated Fleet Corp.. Notice of Payment of Sanctions (Ernster, Elizabeth) |
| Filing 167 FINANCIAL ENTRY: Received $250.00 from Kronenberg Law PC on 08/08/2022. Re: Show Cause Hearing - optional html form,,,, Status Conference - optional html form,,,, Set/Reset Hearing,,, #163 . Receipt number LA242164. (jo) |
| Filing 166 Notice filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. of Payment of Sanctions (Kronenberg, William) |
| Filing 165 FINANCIAL ENTRY: Received $250.00 into the registry of the Court from Ace Attorney Service, Inc.. for the benefit of plaintiff counsel Hackler Flynn & Associates, APC Re: Show Cause Hearing - optional html form,,,, Status Conference - optional html form,,,, Set/Reset Hearing,,, #163 . Receipt number LA242151. (Vannithone, Tom) |
| Filing 164 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Associated Fleet Corp.. (Attachments: #1 Proposed Order Joint Proposed Final Pretrial Conf. Order)(Ernster, Elizabeth) |
| Filing 163 MINUTES OF 1) ORDER TO SHOW CAUSE RE WHY THE COURT SHOULD NOT IMPOSE SANCTIONS ON BOTH PARTIES' COUNSEL FOR FAILURE TO COMPLY WITH THE COURT'S DEADLINES 2) FINAL STATUS CONFERENCE (HELD and COMPLETED) before Judge Fernando L. Aenlle-Rocha. For the reasons stated on the record the court imposes sanctions against counsel for Plaintiff and counsel for Defendants in the amount of $250.00 each, payable to The Clerk of The Court by no later than August 12, 2022. Sanctions are not imposed on the clients. Counsel are ordered to file notice of payment of sanctions by no later than August 12, 2022. A jury trial is set for August 30, 2022, at 9:00 a.m. Counsel shall arrive at 8:30 a.m. See minutes for details. Court Reporter: Maria Bustillos. (lom) |
| Filing 162 RESPONSE filed by Counter Claimants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas, Defendants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas to Order to Show Cause (Kronenberg, William) |
| Filing 161 NOTICE OF LODGING filed re Text Only Scheduling Notice,, 159 (Attachments: #1 Declaration PLAINTIFF/COUNTER-DEFENDANTS ASSOCIATED FLEET CORP. AND JOSEPH WIHBEYS DECLARATION REGARDING THE SANCTIONS HEARING SET FOR AUGUST 2, 2022)(Ernster, Elizabeth) |
| Filing 160 PROPOSED General Verdict Form JURY VERDICT filed by plaintiff & counter-defendants Associated Fleet Corp.. (Ernster, Elizabeth) |
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Filing 159
(IN CHAMBERS) ORDER RESCHEDULING (1) FINAL PRETRIAL CONFERENCE AND (2) ORDER TO SHOW CAUSE RE WHY THE COURT SHOULD NOT IMPOSE SANCTIONS ON BOTH PARTIES' COUNSEL FOR FAILURE TO COMPLY WITH THE COURT'S DEADLINES by Judge Fernando L. Aenlle-Rocha: The Final Pretrial Conference and Order to Show Cause hearing previously scheduled for July 27, 2022, at 9:00 a.m. has been rescheduled. The matters are reset for hearing on August 2, 2022, at 11:00 a.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 158 AMENDED JOINT Exhibit List filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas.. (Kronenberg, William) |
| Filing 157 MEDIATION REPORT Filed by Plaintiff Associated Fleet Corp.: Mediation held on 06/01/2022. The parties are unable to reach an agreement at this time.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(Ernster, Elizabeth) |
| Filing 156 PROPOSED JURY INSTRUCTIONS (Disputed set) filed by plaintiff & counter-defendants Associated Fleet Corp... (Ernster, Elizabeth) |
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Filing 155
MINUTE ORDER IN CHAMBERS by Judge Fernando L. Aenlle-Rocha: ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT IMPOSE SANCTIONS. At the pretrial conference held on June 2, 2022, the court noted the parties' pretrial documents were still deficient and ordered the parties to file, by June 16, 2022 (SEE DOCUMENT FOR CITED DOCUMENTS). As of this date, the parties have failed to file an amended joint exhibit list, an amended verdict form, and an amended joint proposed final pretrial conference order.2 Accordingly, the parties are ORDERED to file the amended joint exhibit list, amended verdict form, and amended joint proposed final pretrial conference order by July 8, 2022. The parties are further ordered to submit an additional status report regarding mediation and settlement of this action by the same date.Counsel's repeated failure to comply with the courts orders and file pretrial documents timely has delayed the resolution of this action and caused the court to expend substantial resources managing the parties' filings. The court, therefore, Orders the parties to Show Cause(OSC) why the court should not impose sanctions on both parties counsel for failure tocomply with the courts deadlines, and sets the OSC for hearing on July 27, 2022 at 9:00a.m., in courtroom 6B. Counsel shall appear in-person for the hearing.Further, the courts standing order requires the presence of lead trial counsel at the final pretrial conference. Dkt. 61 at 4. Counsel for Defendant, Mr. Fox, informed the court at the June 2, 2022 pretrial conference that he is not lead trial counsel. Defense counsel, therefore, should be prepared to address on July 27, 2022 whether the court should issue sanctions in this regard. Both parties are admonished that they must be represented by lead trial counsel at the FPTC, and that counsel is expected to appear in person. The FPTC currently set for July 13, 2022 is CONTINUED to July 27, 2022 at 9:00 a.m. The jury trial currently set for July 26, 2022 is VACATED. (lc)
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| Filing 154 NOTICE OF LODGING filed re joint stipulated/admitted facts re Miscellaneous Document #151 (Attachments: #1 Joint Stipulated/Admitted Facts)(Ernster, Elizabeth) |
| Filing 153 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #151 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Stipulation. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 152 STATUS REPORT Joint Mediation Status Report filed by Plaintiff Associated Fleet Corp.. (Ernster, Elizabeth) |
| Filing 151 Joint Stipulated-Admitted Facts (Ernster, Elizabeth) |
| Filing 150 PROPOSED JURY INSTRUCTIONS (Annotated-Clean set) filed by Plaintiff Associated Fleet Corp... (Ernster, Elizabeth) |
| Filing 149 TRANSCRIPT ORDER as to plaintiff & counter-defendants Associated Fleet Corp. for Court Reporter. Court will contact Mimi Anabi at mimi@hacklerflynnlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Ernster, Elizabeth) |
| Filing 148 MINUTES OF Pretrial Conference held before Judge Fernando L. Aenlle-Rocha: All affirmative defenses listed in the parties' Joint Proposed Final Pretrial Conference Order (Dkt. 145-1) are STRUCK for the reasons stated on the record. The parties are ORDERED to submit an Amended Joint Proposed Final Pretrial Conference Order by June 16, 2022 and email a Word version to chambers. The parties are ORDERED to file a single set of combined admitted and stipulated facts, without redundancies, by June 16, 2022 for the court to read to the jury before trial. The parties are ORDERED to file an amended joint exhibit list using the template on the courts website, which includes a column for objections, by June 16, 2022. The parties are ORDERED to submit amended joint and disputed jury instructions by June 16, 2022 and email Word versions to chambers. The court DECLINES to bifurcate the trial into two phases.The court ORDERS the parties to submit an amended special verdict form by June 16, 2022 and email a Word version to chambers. If the parties cannot agree to an amended special verdict form, they are ORDERED to submit a general verdict forDefendants' Ex Parte Application filed June 1, 2022 to withdraw the Joint Proposed Final Pretrial Conference Order and file additional Disputed Special Verdict forms #146 is DENIED as moot. The parties are ordered to return to court for an additional Pretrial Conference on July 13, 2022 at 9:00 a.m. absent further notice of the court. The court CONTINUES the jury trial set for June 28, 2002 at 8:30 a.m. to July 26, 2022 at 8:30 a.m.Court Reporter: Suzanne McKennon. (lc) |
| Filing 147 OPPOSITION in opposition re: EX PARTE APPLICATION for Relief from TO WITHDRAW FINAL PRE-TRIAL ORDER AND FILE ADDITIONAL DISPUTED VERDICT FORMS PURSUANT TO RULE 60(b)(1); #146 filed by Plaintiff Associated Fleet Corp.. (Attachments: #1 Declaration Declaration in support of Opposition)(Ernster, Elizabeth) |
| Filing 146 EX PARTE APPLICATION for Relief from TO WITHDRAW FINAL PRE-TRIAL ORDER AND FILE ADDITIONAL DISPUTED VERDICT FORMS PURSUANT TO RULE 60(b)(1); filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. (Attachments: #1 Proposed Order, #2 Proof of Service) (Kronenberg, William) |
| Filing 145 (PROPOSED PTC ORDER STRICKEN PER 6/2/22 MINUTES DOCKET NO. 148). NOTICE OF LODGING Proposed Pretrial Conference Order Counter Defendant Joseph Wihbey. (Attachments: #1 Proposed Order Joint Proposed Final Pretrial Conf. Order)(Ernster, Elizabeth) Modified on 6/2/2022 (lc). |
| Filing 144 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #143 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Incorrect event selected. Correct event to be used is: SEE BELOW UNDER OTHER. Proper Procedures for proposed PTC order: 1) prepare and e-file a formal Notice of Lodging Proposed Pretrial Conference order; 2) to be docketed ONLY under its specific event: Notice of Lodging Proposed Pretrial Conference order; 3) to which the formal proposed PTC order is submitted as Separate Attachment thereto. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 143 Proposed Joint Pre-Trial Conference Order (Ernster, Elizabeth) |
| Filing 142 PROPOSED JURY VERDICT filed by Plaintiff Associated Fleet Corp.. (Ernster, Elizabeth) |
| Filing 141 PROPOSED JURY INSTRUCTIONS filed by Plaintiff Associated Fleet Corp... (Ernster, Elizabeth) |
| Filing 140 PROPOSED JURY INSTRUCTIONS filed by Plaintiff Associated Fleet Corp... (Ernster, Elizabeth) |
| Filing 139 JOINT Exhibit List filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas.. (Kronenberg, William) |
| Filing 138 STATEMENT of the Case (proposed) filed by Counter Claimants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas, Defendants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas (Kronenberg, William) |
| Filing 137 Proposed Voir Dire Questions filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas.. (Kronenberg, William) |
| Filing 136 NOTICE of Appearance filed by attorney William S Kronenberg on behalf of Counter Claimants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas, Defendants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas (Kronenberg, William) |
| Filing 135 TRANSCRIPT ORDER as to Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas for Court Reporter. Court will contact Joshua Ehrenpfort at jehrenpfort@krolaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Kronenberg, William) |
| Filing 134 MINUTES OF ORDER TO SHOW CAUSE RE WHY PLAINTIFF'S LAWSUIT SHOULD NOT BE DISMISSED Hearing held before Judge Fernando L. Aenlle-Rocha: For the reasons stated on the record, the Order to Show Cause is discharged. Counsel forDefendant is ordered to respond to Plaintiff's email requesting selection of a mediator. The parties are ordered to select a mediator and complete mediation by June 10, 2022. All parties and counsel with decision-making authority shall be present at mediation. The parties shall file a status report regardingmediation by no later than June 17, 2022. Court Reporter: Judy Moore. (lc) |
| Filing 133 MINUTES OF Motion Hearing held before Judge Fernando L. Aenlle-Rocha: RE 1) MOTION OF ELIZABETH ERNSTER AND CYNTHIA FLYNN TO WITHDRAW AS ATTORNEY #122 2) PLAINTIFF AND COUNTER-DEFENDANT ASSOCIATED FLEET CORP.'S MOTION TO WITHDRAW ADMISSIONS #123 3) DEFENDANTS MOTION IN LIMINE NO. 3 TO EXCLUDE EVIDENCE AND ARGUMENT CONTRADICTING ADMISSIONS #109 . For the reasons stated on the record, Ms. Ernster's Motion to Withdraw as Counsel for Plaintiff and Counter-Defendant Associated Fleet Corp. and Counter-Defendant Joseph Wihbey (Dkt. 122) isDENIED without prejudice. Plaintiff and Counter-Defendant Associated Fleet Corp. and Counter- Defendant Joseph Wihbey's Motion to Withdraw Admissions (Dkt. 123) is GRANTED. The court finds good cause exists and amends its scheduling order for purposes of hearing the Motion to Withdraw Admissions. Defendants Motion in Limine No. 3 to Exclude Evidence and Argument Contradicting Admissions (Dkt. 109) is DENIED. An Order to Show Cause re: Why Plaintiffs Lawsuit Should Not Be Dismissed is set for May 12, 2022, at 1:00 p.m. in Courtroom 6B. Mr. Wihbey is ordered to personally appear in court and show cause as to why he has failed to cooperate with counsel and diligently prosecute his case on behalf of Associated Fleet Corp. The court warns that if Mr. Wihbey fails to appear or otherwise show sufficient cause, the lawsuit on behalf of Associated Fleet Corp. will be dismissed. Ms. Ernster is ORDERED to inform her client of the OSC and the potential consequence of his failure to appear in person on May 12, 2022 at 1:00 p.m. The Status Conference re: Jury Instructions currently set for June 7, 2022, is ADVANCED to June 2, 2022, at 9:00 a.m. The TIME for the Status Conference re: Disputed Exhibits on June 2, 2022, is ADVANCED from 1:00 p.m. to 9:00 a.m. The parties are reminded to file joint pretrial documents by May 24, 2022 and email Microsoft Word versions to the Chambers email address. The parties are encouraged to continue settlement negotiations and mediate. Court Reporter: Katie Thibodeaux. (lc) |
| Filing 132 Mail Returned addressed to Joseph Wihbey re Deficiency in Electronically Filed Documents (G-112A) - optional html form #117 (lc) |
| Filing 131 Mail Returned addressed to Joseph Wihbey re Order #125 (lc) |
| Filing 130 Mail Returned addressed to Joseph Wihbey re Deficiency in Electronically Filed Documents (G-112A) - optional html form #120 (lc) |
| Filing 129 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION of ELIZABETH ERNSTER & CYNTHIA FLYNN to Withdraw as Attorney #122 , NOTICE OF MOTION AND MOTION of ELIZABETH ERNSTER & CYNTHIA FLYNN to Withdraw as Attorney #119 filed by Plaintiff Associated Fleet Corp.. (Ernster, Elizabeth) |
| Filing 128 REPLY PLAINTIFF AND COUNTERDEFENDANT ASSOCIATED FLEET CORP. AND COUNTERDEFENDANT JOSEPH WIHBEYS REPLY IN SUPPORT OF MOTION TO WITHDRAW ADMISSIONS MOTION for Admissions of Plaintiff & Counter Defendants Associated Fleet and Joseph Wihbey #123 filed by Plaintiff Associated Fleet Corp.. (Attachments: #1 Declaration DECL. OF ELIZABETH A. ERNSTER IN SUPPORT OF PLAINTIFF AND COUNTERDEFENDANT ASSOCIATED FLEET CORP. AND COUNTERDEFENDANT JOSEPH WIHBEYS REPLY IN SUPPORT OF THE MOTION FOR LEAVE OF COURT TO WITHDRAW ADMISSIONS, #2 Declaration DECL. OF MARY LU IN SUPPORT OF PLAINTIFF AND COUNTER-DEFENDANT ASSOCIATED FLEET CORP. AND COUNTER-DEFENDANT JOSEPH WIHBEYS MOTION FOR LEAVE OF COURT TO WITHDRAW ADMISSIONS)(Ernster, Elizabeth) |
| Filing 127 TRANSCRIPT ORDER as to Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas for Court Reporter. Court will contact Joshua Ehrenpfort at jehrenpfort@krolaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Kronenberg, William) |
| Filing 126 OPPOSITION in Opposition to re: MOTION for Admissions of Plaintiff & Counter Defendants Associated Fleet and Joseph Wihbey #123 filed by Defendants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. (Attachments: #1 Declaration in Suppo, #2 Proof of Service)(Kronenberg, William) |
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Filing 124
(IN CHAMBERS) ORDER CONTINUING MOTION OF ATTORNEY ELIZABETH ERNSTER AND CYNTHIA FLYNN'S MOTION TO WITHDRAW AS ATTORNEY (DKT. #122 ) AND PLAINTIFF / COUNTER-DEFENDANT ASSOCIATED FLEET CORP'S MOTION FOR ADMISSIONS (DKT. #123 ) by Judge Fernando L. Aenlle-Rocha: The Court on its own motion, continues the Motions from April 22, 2022, to April 29, 2022, at 1:00 p.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 125 MINUTES OF FINAL PRETRIAL CONFERENCE AND RE MOTIONS IN LIMINE held before Judge Fernando L. Aenlle-Rocha: Plaintiff and Counter-Defendants Associate Fleet Corp. and Joseph Wihbey's Motion in Limine No. 1 to Exclude Testimony or Other Evidence of James Martin #104 is GRANTED in part. Defendants' Motion in Limine No. 1 to Limit Testimony Presented by Plaintiff Associated Fleet Corporation to Information Provided in Response to Rule 30(b)(6) Deposition Notice #107 is DENIED. Defendants' Motion in Limine No. 2 to Exclude Testimony Presented by Plaintiff Associated Fleet Corporation Regarding Industry Custom #108 is DENIED. The court defers ruling on Defendants' Motion in Limine No. 3 to ExcludeEvidence and Argument Contradicting Admissions #109 . An in-person Status Conference re: Disputed Exhibits is set on June 2, 2022, at 1:00 p.m. An in-person Status Conference re: Jury Instructions is set on June 7, 2022, at 1:00p.m. A jury trial is set for June 28, 2022, at 8:30 a.m. The court continues the motion of Attorney Elizabeth Ernster and Cynthia Flynn to Withdraw as Attorney #122 and Plaintiff and Counter-Defendant Associated Fleet Corp.s Motion for Leave of Court to Withdraw Admissions #123 to April 29, 2022, at 1:00 p.m.Counsel shall meet and confer and file the following documents no later than May24, 2022, and email Word versions of all documents to the chambers email address (SEE DOCUMENT FOR LIST).Court Reporter: Terri Hourigan. (lc) |
| Filing 123 NOTICE OF MOTION AND MOTION for Admissions of Plaintiff & Counter Defendants Associated Fleet and Joseph Wihbey filed by plaintiff & counter-defendants Associated Fleet Corp.. Motion set for hearing on 4/22/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Declaration DECLARATION OF ELIZABETH A. ERNSTER IN SUPPORT OF PLAINTIFF AND COUNTER-DEFENDANT ASSOCIATED FLEET CORP. AND COUNTER-DEFENDANT JOSEPH WIHBEYS MOTION FOR LEAVE OF COURT TO WITHDRAW ADMISSIONS, #2 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF AND COUNTER-DEFENDANT ASSOCIATED FLEET CORP. AND COUNTER-DEFENDANT JOSEPH WIHBEYS MOTION FOR LEAVE OF COURT TO WITHDRAW ADMISSIONS, #3 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFF AND COUNTER-DEFENDANT ASSOCIATED FLEET CORP. AND COUNTER-DEFENDANT JOSEPH WIHBEYS MOTION FOR LEAVE OF COURT TO WITHDRAW ADMISSIONS)(Ernster, Elizabeth) |
| Filing 122 NOTICE OF MOTION AND MOTION of ELIZABETH ERNSTER & CYNTHIA FLYNN to Withdraw as Attorney filed by plaintiff & counter-defendants Associated Fleet Corp.. Motion set for hearing on 4/22/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL OF RECORD FOR PLAINTIFF AND COUNTER-DEFENDANT ASSOCIATED FLEET CORP. AND COUNTER-DEFENDANT JOSEPH WIHBEY, #2 Declaration DECLARATION OF ELIZABETH A. ERNSTER IN SUPPORT OF MOTION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL OF RECORD FOR PLAINTIFF AND COUNTER-DEFENDANT ASSOCIATED FLEET CORP. AND COUNTER-DEFENDANT JOSEPH WIHBEY, #3 Proposed Order (PROPOSED) ORDER GRANTING HACKLER FLYNN & ASSOCIATES, APCS MOTION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL OF RECORD FOR PLAINTIFF AND COUNTER-DEFENDANT ASSOCIATED FLEET CORP. AND COUNTER-DEFENDANT JOSEPH WIHBEY) (Ernster, Elizabeth) |
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Filing 121
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Proposed Request and Proposed Order Forms (G-01) Re: Motion to Withdraw as attorney for Associated Fleet Crop, and Joseph Wihbey [119-3] [119-4] by Judge Fernando L. Aenlle-Rocha. The document is stricken and counsel is ordered to file an amended or corrected document forthwith. 1) These Forms ( G-01) are incomplete and also not applicable for the Pending Motion to Withdraw Attorney. Counsel shall submit a Proposed Order to accompany the Noticed Motion. 2) Page 3 of the proof of service was scanned sideways. (lc)
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| Filing 120 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: ONLY THE PROPOSED REQUEST AND ORDER FORMS (G-01) NOTICE OF MOTION AND MOTION of ELIZABETH ERNSTER & CYNTHIA FLYNN to Withdraw as Attorney [119-3]; [119-4]. The following error(s) was/were found: 1) Instead of submitting a proposed order in pleading format, filer has attached Court Forms Request for approval of substitution or withdrawal of counsel and proposed order forms (G-01). 2) Note: These forms are not applicable for the Pending Motion to withdraw attorney format; 3) Otherwise, it is noted G-01 forms are incomplete a) Missing signature of the individual to be in Pro Se on request form; b) proposed order form erroneously combined both corporation and individual, with no new attorney nor Pro Se address on the proposed order form; as to corporation and box checked as PRO SE. 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. (lc) |
| Filing 119 NOTICE OF MOTION AND MOTION of ELIZABETH ERNSTER & CYNTHIA FLYNN to Withdraw as Attorney filed by plaintiff & counter-defendants Associated Fleet Corp.. Motion set for hearing on 4/22/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL OF RECORD FOR PLAINTIFF AND COUNTER-DEFENDANT ASSOCIATED FLEET CORP. AND COUNTER-DEFENDANT JOSEPH WIHBEY, #2 Declaration DECLARATION OF ELIZABETH A. ERNSTER IN SUPPORT OF MOTION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL OF RECORD FOR PLAINTIFF AND COUNTER-DEFENDANT ASSOCIATED FLEET CORP. AND COUNTER-DEFENDANT JOSEPH WIHBEY. ( STRICKEN PER 3/17/2022 COURT'S G112B RESPONSE AS TO BOTH REQUEST AND PROPOSED G-01 FORMS ONLY) #3 Proposed Order (PROPOSED) Order (Form GO1), #4 FORM GO1 NOTICE OF WATHDRAWAL) (Ernster, Elizabeth) Modified on 3/17/2022 (lc). |
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Filing 118
(IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: The court, on its own motion, CONTINUES the final pretrial conference to March 18, 2022, at 1:00 p.m. The trial date in this action is VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 117 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum of Contentions of Fact and Law #116 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Lodging Proposed Pretrial Conference Order. 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. (lom) |
| Filing 116 Proposed Proposed Pretrial Conference Order MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant / Counter-CLaimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. (Kronenberg, William) |
| Filing 115 PROPOSED JURY INSTRUCTIONS (Disputed set) filed by Defendant / Counter-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas.. (Kronenberg, William) |
| Filing 114 PROPOSED JURY INSTRUCTIONS (Joint Agreed Upon set) filed by Defendant / Counter-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas.. (Kronenberg, William) |
| Filing 113 Plaintiff & Counter-Defendants Associated Fleet Corp. & J. Wihbeys Opposition To Defendants Amended MIL No. 3 To Exclude Evidence & Argument Contradicting Admissions Opposition re: Amended MOTION IN LIMINE (#3) to Exclude EVIDENCE AND ARGUMENT CONTRADICTING ADMISSIONS #109 filed by Plaintiff Associated Fleet Corp.. (Ernster, Elizabeth) |
| Filing 112 Plaintiff & Counter-Defendants Associated Fleet Corp. & J. Wihbeys Opposition To Defendants Amended MIL No. 2 To Exclude Testimony Presented By Associated Fleet Corporation & J. Wihbey Regarding Industry Custom Opposition re: Amended MOTION IN LIMINE (#2) to Exclude TESTIMONY PRESENTED BY ASSOCIATED FLEET CORPORATION AND JOSEPH WIHBEY REGARDING INDUSTRY CUSTOM #108 filed by Plaintiff Associated Fleet Corp.. (Ernster, Elizabeth) |
| Filing 111 Plaintiff & Counter-Defendants Associated Fleet Corp. & J. Wihbeys Opposition To Defendants Amended MIL No. 1 To Limit Testimony Presented By Plaintiff Associated Fleet Corp. to Information Provided In Response To Rule 30(B)(6) Depo Notice in opposition re: Amended MOTION IN LIMINE (#1) to Limit TESTIMONY PRESENTED BY PLAINTIFF ASSOCIATED FLEET CORPORATION TO INFORMATION PROVIDED IN RESPONSE TO RULE 30(b)(6) DEPOSITION NOTICE #107 filed by Plaintiff Associated Fleet Corp.. (Ernster, Elizabeth) |
| Filing 110 OPPOSITION re: MOTION IN LIMINE (#1) to Exclude Testimony or Other Evidence of James Martin #104 filed by Counter Claimants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas, Defendants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. (Kronenberg, William) |
| Filing 109 NOTICE OF MOTION AND Amended MOTION IN LIMINE (#3) to Exclude EVIDENCE AND ARGUMENT CONTRADICTING ADMISSIONS filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. Motion set for hearing on 2/25/2022 at 03:00 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order)(Kronenberg, William) |
| Filing 108 NOTICE OF MOTION AND Amended MOTION IN LIMINE (#2) to Exclude TESTIMONY PRESENTED BY ASSOCIATED FLEET CORPORATION AND JOSEPH WIHBEY REGARDING INDUSTRY CUSTOM filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. Motion set for hearing on 2/25/2022 at 03:00 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order)(Kronenberg, William) |
| Filing 107 NOTICE OF MOTION AND Amended MOTION IN LIMINE (#1) to Limit TESTIMONY PRESENTED BY PLAINTIFF ASSOCIATED FLEET CORPORATION TO INFORMATION PROVIDED IN RESPONSE TO RULE 30(b)(6) DEPOSITION NOTICE filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. Motion set for hearing on 2/25/2022 at 03:00 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order)(Kronenberg, William) |
| Filing 106 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: MOTION IN LIMINE (#3) to Exclude EVIDENCE AND ARGUMENT CONTRADICTING ADMISSIONS #97 , MOTION IN LIMINE (#1) to Limit TESTIMONY PRESENTED BY PLAINTIFF ASSOCIATED FLEET CORPORATION TO INFORMATION PROVIDED IN RESPONSE TO RULE 30(b)(6) DEPOSITION NOTICE #95 , MOTION IN LIMINE (#2) to Exclude TESTIMONY PRESENTED BY ASSOCIATED FLEET CORPORATION AND JOSEPH WIHBEY REGARDING INDUSTRY CUSTOM #96 by Judge Fernando L. Aenlle-Rocha. Counsel is ordered to file an amended or corrected document forthwith. (lc) |
| Filing 105 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION IN LIMINE (#3) to Exclude EVIDENCE AND ARGUMENT CONTRADICTING ADMISSIONS #97 , MOTION IN LIMINE (#1) to Limit TESTIMONY PRESENTED BY PLAINTIFF ASSOCIATED FLEET CORPORATION TO INFORMATION PROVIDED IN RESPONSE TO RULE 30(b)(6) DEPOSITION NOTICE #95 , MOTION IN LIMINE (#2) to Exclude TESTIMONY PRESENTED BY ASSOCIATED FLEET CORPORATION AND JOSEPH WIHBEY REGARDING INDUSTRY CUSTOM #96 by ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): Missing LR 6.1 formal Notice of Motion TEXT re hearing date, time, Judge and courtroom, designated Courthouse and its Street Location information. 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. (lc) |
| Filing 104 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Testimony or Other Evidence of James Martin filed by plaintiff & counter-defendants Associated Fleet Corp.. Motion set for hearing on 2/25/2022 at 03:00 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order [Proposed] Order Granting Pltf and Counter-Defendants Motion In Limine No. 1 to Exclude Testimony or Other Evidence of James Martin)(Ernster, Elizabeth) |
| Filing 103 Witness List filed by plaintiff & counter-defendants Associated Fleet Corp... (Ernster, Elizabeth) |
| Filing 102 MEMORANDUM of CONTENTIONS of FACT and LAW filed by plaintiff & counter-defendants Associated Fleet Corp.. (Ernster, Elizabeth) |
| Filing 101 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. (Kronenberg, William) |
| Filing 100 JOINT STATUS REPORT of RE SETTLEMENT filed by Counter Claimants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas, Defendants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. (Kronenberg, William) |
| Filing 99 Witness List filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas.. (Kronenberg, William) |
| Filing 98 JOINT Exhibit List filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas.. (Kronenberg, William) |
| Filing 97 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude EVIDENCE AND ARGUMENT CONTRADICTING ADMISSIONS filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. Motion set for hearing on 2/25/2022 at 03:00 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order)(Kronenberg, William) |
| Filing 96 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude TESTIMONY PRESENTED BY ASSOCIATED FLEET CORPORATION AND JOSEPH WIHBEY REGARDING INDUSTRY CUSTOM filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. Motion set for hearing on 2/25/2022 at 03:00 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order)(Kronenberg, William) |
| Filing 95 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Limit TESTIMONY PRESENTED BY PLAINTIFF ASSOCIATED FLEET CORPORATION TO INFORMATION PROVIDED IN RESPONSE TO RULE 30(b)(6) DEPOSITION NOTICE filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. Motion set for hearing on 2/25/2022 at 03:00 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order Granting MIL #1)(Kronenberg, William) |
| Filing 94 Mail Returned addressed to Joseph Wihbey re Order on Motion to Continue,, Order on Motion for Trial Date, #92 (lc) |
| Filing 93 Mail Returned addressed to Joseph Wihbey re Text Only Scheduling Notice 89 (lc) |
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Filing 92
ORDER GRANTING PLAINTIFF AND COUNTER-DEFENDANTS ASSOCIATED FLEET CORP. ANDJOSEPH WIHBEY'S EX PARTE APPLICATION TO CONTINUE TRIAL DATE AND FINALPRETRIAL CONFERENCE #90 by Judge Fernando L. Aenlle-Rocha: The Final Pre-Trial Conference is CONTINUED to February 25, 2022 at 3:00 p.m.. The trial is CONTINUED to March 15, 2022 at 8:30 a.m. (lc)
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| Filing 91 STIPULATION to Continue Trial Date & Related Scheduling Dates from November 30, 2021 to March 14, 2022 or April 18, 2022 Re: EX PARTE APPLICATION to Continue Trial Date & Related Scheduling Dates from November 30, 2021 to January 18, 2022 EX PARTE APPLICATION to Set Trial Date on January 18, 2022 #90 filed by plaintiff & counter-defendants Associated Fleet Corp.. (Attachments: #1 Proposed Order [PROPOSED] ORDER ON STIPULATION RE: TRIAL CONTINUANCE)(Ernster, Elizabeth) |
| Filing 90 EX PARTE APPLICATION to Continue Trial Date & Related Scheduling Dates from November 30, 2021 to January 18, 2022, EX PARTE APPLICATION to Set Trial Date on January 18, 2022 filed by plaintiff & counter-defendants Associated Fleet Corp.. (Attachments: #1 Declaration DECLARATION OF ELIZABETH A. ERNSTER IN SUPPORT OF PLAINTIFF AND COUNTERDEFENDANTS ASSOCIATED FLEET CORP. AND JOSEPH WIHBEYS EX PARTE APPLICATION TO BRIEFLY CONTINUE TRIAL DATE AND RELATED SCHEDULING DATES, #2 Declaration Declaration of COVID-19 Status of Counter Defendant Joseph Wihbey by his Physician, #3 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFF AND COUNTERDEFENDANTS ASSOCIATED FLEET CORP. AND JOSEPH WIHBEYS EX PARTE APPLICATION TO BRIEFLY CONTINUE TRIAL DATE AND RELATED SCHEDULING DATES) (Ernster, Elizabeth) |
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Filing 89
(IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: The parties filed several pretrial documents on September 10, 2021 and September 24, 2021. Dkts. 69-87. Upon review, several of the documents do not comply with the court's standing order. See (Dkt. #61 ). For example, the parties did not submit: (1) a joint exhibit list using the template from the court's website; (2) a joint proposed final pretrial conference order; (3) joint agreed upon proposed jury instructions and disputed proposed jury instructions; (4) a joint proposed verdict form; and (5) a joint proposed statement of the case. Accordingly, the court VACATES the final pretrial conference set for October 8, 2021 and trial set for October 19, 2021. The parties are ORDERED to meet and confer by October 8, 2021, thoroughly review the court's standing order, and file all documents in compliance with the standing order by October 15, 2021. The court SETS a final pretrial conference for October 29, 2021 at 3:00 PM and SETS trial for November 30, 2021 at 8:30 AM. Failure to comply with the court's standing order may result in the imposition of sanctions without further notice. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf)
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| Filing 88 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum of Contentions of Fact and Law #82 ; Status Report #86 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Lodging Proposed Pretrial Conference Order. 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. (lom) |
| Filing 87 PROPOSED JURY INSTRUCTIONS (Annotated - Clean set) filed by Plaintiff and Counter-Defendant Associated Fleet Corp... (Ernster, Elizabeth) |
| Filing 86 STATUS REPORT Pltf & Counter Defs' Final Pretrial Conference Order filed by Counter Defendant Associated Fleet Corp., Plaintiff Associated Fleet Corp.. (Ernster, Elizabeth) |
| Filing 85 Plaintiff & Counter-Defendants Associated Fleet Corp. & J. Wihbeys Opposition To Defendants MIL No. 3 to Exclude Evidence & Argument Contradicting Admissions Opposition re: MOTION IN LIMINE (#3) to Exclude EVIDENCE AND ARGUMENT CONTRADICTING ADMISSIONS #71 Opposition to Defendants MIL No. 3 to Exclude Evidence & Argument Contradicting Admissions filed by Counter Defendant Associated Fleet Corp., Plaintiff Associated Fleet Corp.. (Ernster, Elizabeth) |
| Filing 84 Opposition Opposition re: MOTION IN LIMINE (#2) to Exclude TESTIMONY PRESENTED BY ASSOCIATED FLEET CORPORATION AND JOSEPH WIHBEY REGARDING INDUSTRY CUSTOM #70 Opposition to Defs MIL No. 2 to Exclude Testimony Presented By Associated Fleet Corp. & J.Wihbey Regarding Industry Custom filed by Counter Defendant Associated Fleet Corp., Plaintiff Associated Fleet Corp.. (Ernster, Elizabeth) |
| Filing 83 Pltf & Counter-Defs Associated Fleet & J.Wihbeys Opposition to Defs MIL No. 1 to Limit Testimony Presented By Pltf Associated Fleet Corp to Info Provided In Response To Rule 30(B)(6) Depo Notice Opposition re: MOTION IN LIMINE (#1) to Limit TESTIMONY PRESENTED BY PLAINTIFF ASSOCIATED FLEET CORPORATION TO INFORMATION PROVIDED IN RESPONSE TO RULE 30(b)(6) DEPOSITION NOTICE #69 Opposition to Defs MIL No. 1 to Limit Testimony Presented By Pltf Associated Fleet Corp to Info Provided In Response To Rule 30(B)(6) Depo Notice filed by Counter Defendant Associated Fleet Corp., Plaintiff Associated Fleet Corp.. (Ernster, Elizabeth) |
| Filing 82 [DEFENDANTS' [PROP] FINAL PRETRIAL CONFERENCE ORDER filed as] PROPOSED MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. (Kronenberg, William) Modified on 9/29/2021 (lom). |
| Filing 81 PROPOSED JURY INSTRUCTIONS filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas.. (Kronenberg, William) |
| Filing 80 OPPOSITION re: MOTION IN LIMINE (#1) to Exclude Testimony or Other Evidence of James Martin #77 filed by Counter Claimants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas, Defendants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. (Kronenberg, William) |
| Filing 79 AMENDED JOINT Exhibit List filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas.. (Kronenberg, William) |
| Filing 78 STATUS REPORT re Settlement filed by Counter Claimants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas, Defendants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. (Kronenberg, William) |
| Filing 77 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Testimony or Other Evidence of James Martin filed by Plaintiff and Counter-Defendant Associated Fleet Corp.. Motion set for hearing on 10/8/2021 at 03:00 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order)(Ernster, Elizabeth) |
| Filing 76 Witness List filed by Plaintiff and Counter-Defendant Associated Fleet Corp... (Ernster, Elizabeth) |
| Filing 75 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff and Counter-Defendant Associated Fleet Corp.. (Ernster, Elizabeth) |
| Filing 74 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. (Kronenberg, William) |
| Filing 73 Witness List filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas.. (Kronenberg, William) |
| Filing 72 JOINT Exhibit List filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas.. (Kronenberg, William) |
| Filing 71 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude EVIDENCE AND ARGUMENT CONTRADICTING ADMISSIONS filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. Motion set for hearing on 10/8/2021 at 03:00 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order Granting MIL #3)(Kronenberg, William) |
| Filing 70 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude TESTIMONY PRESENTED BY ASSOCIATED FLEET CORPORATION AND JOSEPH WIHBEY REGARDING INDUSTRY CUSTOM filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. Motion set for hearing on 10/8/2021 at 03:00 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order Granting MIL #2)(Kronenberg, William) |
| Filing 69 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Limit TESTIMONY PRESENTED BY PLAINTIFF ASSOCIATED FLEET CORPORATION TO INFORMATION PROVIDED IN RESPONSE TO RULE 30(b)(6) DEPOSITION NOTICE filed by Defendant / Cross-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. Motion set for hearing on 10/8/2021 at 03:00 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order Granting MIL #1)(Kronenberg, William) |
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Filing 68
TEXT ENTRY (IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: On May 24, 2021, the court ordered Associated Fleet to retain new counsel by June 11, 2021. Dkt. 64. The court set an Order to Show Cause ("OSC") for June 25, 2021 in the event Associated Fleet did not retain counsel. Id. On June 11, 2021, Elizabeth Ernster filed a notice of appearance on behalf of Associated Fleet and Joseph Wihbey. Dkt. 67. Accordingly, the court DISCHARGES the OSC set for June 25, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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| Filing 67 Notice of Appearance or Withdrawal of Counsel: for attorney Elizabeth Allison Ernster counsel for Counter Defendants Associated Fleet Corp., Joseph Wihbey, Plaintiff Associated Fleet Corp.. Adding Elizabeth Ernster as counsel of record for Plaintiff, Associated Fleet Corp; Counter-Defendant, Joseph Wihbey; and Counter-Defendant, Associated Fleet Corp. for the reason indicated in the G-123 Notice. Filed by Plaintiff and Counter-Defendants Associated Fleet Corp (plaintiff and counter-defendant) and Joseph Wihbey (Counter-Defendant). (Attorney Elizabeth Allison Ernster added to party Associated Fleet Corp.(pty:cd), Attorney Elizabeth Allison Ernster added to party Associated Fleet Corp.(pty:pla), Attorney Elizabeth Allison Ernster added to party Joseph Wihbey(pty:cd))(Ernster, Elizabeth) |
| Filing 66 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Entry of Decision or Ruling by a Judge of this Court #65 . The following error(s) was/were found: Case number is incorrect or missing. Other error(s) with document(s): Incorrect Judge's Initials of Previous Judge "RJK" on case number. Correct case number to Reflect Judge Fernando L. Aenlle-Rocha's initials as "FLA". Correct case number is to read as: 5:19-cv-01819 FLA(SPx). See 1/4/2021 Order of reassignment docket no. 50. 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. (lc) |
| Filing 65 NOTICE of Entry of NOTICE OF ENTRY OF ORDER BY COURT GRANTING MOTION FOR LEAVE TO WITHDRAW AS COUNSEL OF RECORD FOR ASSOCIATED FLEET CORPORATION AND JOSEPH WIHBEY filed by Plaintiff Associated Fleet Corp.. (Lu, Mary) |
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Filing 64
MINUTE ORDER IN CHAMBERS by Judge Fernando L. Aenlle-Rocha: ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR COUNTER-DEFENDANTS ASSOCIATED FLEET CORP.AND JOSEPH WIHBEY #56 . Kermisch & Paletz's Motion to Withdraw as Counsel isGRANTED. The individual cross-defendant, Joseph Wihbey, shall proceed pro se and is granted leave to retain new counsel. Associated Fleet, however, cannot proceed pro se in this action as corporations, partnerships, and associations may only appear in federal court through licensed counsel. Accordingly, thecourt ORDERS Associated Fleet to retain new counsel and fi le a notice of appearance by June 11, 2021. In the event Associated Fleet fails to retain counsel by June 11, the court further ORDERS Associated Fleet to show cause in writing by June 18, 2021 why the court should not (1) dismiss its Complaint for lack of prosecution, and (2) strike its Answer to the Counterclaim and enter default judgment against it. A failure to respond or file notice timelythat Associated Fleet has retained new counsel will be deemed an admission that Associated Fleet is no longer prosecuting and defending this action, and will result in the court taking the above-referenced action, without further notice.The court calendars a hearing on its OSC for June 25, 2021 at 1 :00 p.m. The OSCwill not issue and the hearing will be taken off calendar in the event Associated Fleet retains counsel and files a notice of appearance by June 11, 2021. (lc)
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| Filing 63 MINUTES OF Motion Hearing held before Judge Fernando L. Aenlle-Rocha: RE MOTION FOR LEAVE OF COURT OT WITHDRAW AS COUNSEL OF RECORD FOR PLAINTIFF AND COUNTER-DEFENDANT ASSOCIATED FLEET CORP. AND COUNTER-DEFENDANT JOSEPH WIHBEY #56 . Following discussions with counsel, the court grants Kermisch & Paletz'sMotion to Withdraw as Counsel. The individual cross-defendant, Joseph Wihbey, shall proceed pro se and is granted leave to retain new counsel. The court orders Associated Fleet to retain new counsel and file a notice ofappearance by June 11, 2021. In the event Associated Fleet fails to retain counsel by June 11, the court further ORDERS Associated Fleet to show cause in writing by June 18, 2021 why the court should not (1) dismiss its Complaint for lack of prosecution, and (2) strike its Answer to the Counterclaim and enter default judgment against it. A failure to respond or file notice timely thatAssociated Fleet has retained new counsel will be deemed an admission that Associated Fleet is no longer prosecuting and defending this action, and will result in the court taking the above-referenced action, without further notice.The court sets an order show cause hearing for June 25, 2021 at 1 :00 p.m. The order to show cause will not issue and the hearing will be taken off calendar in the event Associated Fleet retains counsel and files a notice of appearance by June 11, 2021. Court Reporter: Terri Hourigan. (lc) |
| Filing 62 Notice of Appearance or Withdrawal of Counsel: for attorney William S Kronenberg counsel for Counter Claimant ASAP Truck and Trailer Repair, Inc., Defendants Gisela Amado, Juan Olivas. Adding Michael E. Fox as counsel of record for Defendants / Counter Claimants ASAP Truck and Trailer Repair, Inc., Juan Olivas, and Gisela Amado for the reason indicated in the G-123 Notice. Filed by Defendants ASAP Truck and Trailer Repair, Inc., Juan Olivas, and Gisela Amado. (Kronenberg, William) |
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Filing 61
ORDER RE: SCHEDULE OF PRETRIAL AND TRIAL DATES, TRIAL REQUIREMENTS, AND CONDUCT OF ATTORNEYS AND PARTIES by Judge Fernando L. Aenlle-Rocha: Final Pretrial Conference set for 10/8/2021 03:00 PM : Motion in Limine Hearing set for 10/8/2021 3:00 PM; Jury Trial set for 10/19/2021 08:30 AM (SEE DOCUMENT FOR ALL SPECIFIED DEALINES). (lc)
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Filing 60
TEXT ENTRY (IN CHAMBERS) ORDER CONTINUING MOTION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL OF RECORD FOR PLAINTIFF COUNTER-DEFENDANT ASSOCIATED FLEET CORP. AND COUNTER-DEFENDANT JOSEPH WIHBEY #56 by Judge Fernando L. Aenlle-Rocha: Counsel has set the motion for a day the Court's calendar is full and, therefore, closed. Counsel are directed to refer to the Motion Calendar under this Courts Procedures and Schedules found on the website for the United States District Court. Any future motion will be stricken for failing to set it on a date the Court is hearing motions. The Court, on its own motion, continues the Motion from April 30, 2021 to May 21, 2021 at 1:30 p.m. Counsel shall refer to the Courts Standing Order with respect to the briefing schedule of motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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| Filing 59 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #57 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Errata (note event will link to filing with the error).. The cited correct event would have linked to the pending motion to which the included corrected memorandum would have created a link. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 58 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First NOTICE OF MOTION AND MOTION to Withdraw TEXTED over to read "As Counsel of Record" #56 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Motion: Withdraw As Attorney. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 57 NOTICE Notice of Errata filed by Plaintiff Associated Fleet Corp.. (Lu, Mary) |
| Filing 56 First NOTICE OF MOTION AND MOTION to Withdraw As Counsel of Record filed by Plaintiff Associated Fleet Corp.. Motion set for hearing on 4/30/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Declaration Declaration of Mary Lu in Support of Motion, #3 Signed Application Request for Approval of Substitution, #4 Proposed Order Proposed Order on Request) (Lu, Mary) |
| Filing 55 SUPPLEMENT filed by Plaintiff Associated Fleet Corp.. (Lu, Mary) |
| Filing 54 DISCLOSURE of RULE 26 PRE TRIAL DISCLOSURES filed by Counter Defendant Associated Fleet Corp. (Lu, Mary) |
| Filing 53 DISCLOSURE of FEDERAL RULE OF CIVIL PROCEDURE 26(a)(3) PRE-TRIAL DISCLOSURES filed by Counter Claimants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas, Defendants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas (Kronenberg, William) |
| Filing 52 DISCLOSURE Supplemental filed by Counter Defendant Associated Fleet Corp. (Lu, Mary) |
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Filing 51
INITIAL STANDING ORDER by Judge Fernando L. Aenlle-Rocha. (rrey)
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Filing 50
ORDER OF THE CHIEF JUDGE (#21-001) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Fernando L. Aenlle-Rocha, this case is transferred from Judge R. Gary Klausner to the calendar of Judge Fernando L. Aenlle-Rocha for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:19-cv-01819 FLA(SPx). (rn)
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Filing 49
TEXT ONLY ORDER (IN CHAMBERS) by Judge R. Gary Klausner: The Order to Show Cause #44 issued on September 29, 2020 is hereby DISCHARGED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 48 RESPONSE TO OSC RE: WHY DISMISSAL AND DEFAULT SHOULD NOT BE ENTERED FOR FAILURE TO RETAIN COUNSEL; DECLARATION OF JOSEPH WIHBEY re EX PARTE APPLICATION for Order for TO SHOW CAUSE WHY PLAINTIFFS COMPLAINT SHOULD NOT BE DISMISSED AND DEFAULT ENTERED AGAINST PLAINTIFF / CROSSDEFENDANT ASSOCIATED FLEET CORP. FOR FAILURE TO OBTAIN COUNSEL #40 filed by Counter Defendant Associated Fleet Corp.. (Lookofsky, Lauren) |
| Filing 47 Notice of Appearance or Withdrawal of Counsel: for attorney Lauren Michel Lookofsky counsel for Counter Defendant Joseph Wihbey. Adding Lauren Lookofsky, Esq. as counsel of record for Joseph Wihbey for the reason indicated in the G-123 Notice. Filed by Plaintiff / Cross-Defendant Joseph Wihbey. (Attorney Lauren Michel Lookofsky added to party Joseph Wihbey(pty:cd))(Lookofsky, Lauren) |
| Filing 46 Notice of Appearance or Withdrawal of Counsel: for attorney Lauren Michel Lookofsky counsel for Counter Defendant Associated Fleet Corp.. Adding Mary Lu, Esq. as counsel of record for Associated Fleet Corp. for the reason indicated in the G-123 Notice. Filed by Plaintiff / Cross-Defendant Associated Fleet Corp.. (Attorney Lauren Michel Lookofsky added to party Associated Fleet Corp.(pty:cd))(Lookofsky, Lauren) |
| Filing 45 NOTICE of Entry of Order to Show Cause why Plaintiff / Cross- Defendant Associated Fleet Corporations complaint should not be dismissed and default entered against it on the cross-complaint for Associated Fleet Corporations failure to obtain new counsel. filed by Defendat/Counter-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. (Kronenberg, William) |
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Filing 44
(IN CHAMBERS) Order Re: Defendant's Ex Parte Application for Order to Show Cause Why Plaintiff's Complaint Should Not Be Dismissed for Plaintiff's Failure to Obtain Counsel [[DE 40]] by Judge R. Gary Klausner: Upon review, the Court GRANTS Defendants' Ex Parte Application for an OSC. Associate Fleet is ordered to explain why it has failed to retain counsel within 20 days, respond why its Complaint should not be dismissed, and why default should not be entered on the Counterclaim. Associate Fleet has 7 days from the issuance of this order to respond. (See Civil Minutes for further specifics). (jp)
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Filing 43
SCHEDULING NOTICE AND ORDER by Judge R. Gary Klausner: Because of the unavailability of jurors during this pandemic, the Pretrial Conference is continued to April 12, 2021 at 9:00 a.m., and the Jury Trial is continued to April 27, 2021 at 9:00 a.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 42 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher Michael Carrillo counsel for Counter Defendants Associated Fleet Corp., Joseph Wihbey, Plaintiff Associated Fleet Corp.. David D. Werner is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff/Cross-Defendant Associated Fleet Corporation and Joseph Wihbey. (Carrillo, Christopher) |
| Filing 41 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher Michael Carrillo counsel for Counter Defendants Associated Fleet Corp., Joseph Wihbey, Plaintiff Associated Fleet Corp.. Christopher M. Carrillo is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Associated Fleet Corporation and Joseph Wihbey. (Carrillo, Christopher) |
| Filing 40 EX PARTE APPLICATION for Order for TO SHOW CAUSE WHY PLAINTIFFS COMPLAINT SHOULD NOT BE DISMISSED AND DEFAULT ENTERED AGAINST PLAINTIFF / CROSSDEFENDANT ASSOCIATED FLEET CORP. FOR FAILURE TO OBTAIN COUNSEL filed by Defendant / Counter-Claimant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Attorney William S Kronenberg added to party ASAP Truck and Trailer Repair, Inc.(pty:cc), Attorney William S Kronenberg added to party Gisela Amado(pty:cc), Attorney William S Kronenberg added to party Juan Olivas(pty:cc)) (Kronenberg, William) |
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Filing 39
ORDER DENIED RE MODIFYING PRETRIAL SCHEDULING ORDER AND CONTINUING TRIAL #38 by Judge R. Gary Klausner. (lom)
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| Filing 38 STIPULATION to Reschedule Trial/Scheduling Order filed by Defendant ASAP Truck and Trailer Repair, Inc.. (Attachments: #1 Proposed Order)(Kronenberg, William) |
| Filing 37 NOTICE of Entry of Civil Minute Order dated August 3, 2020, re: Order on Motion to Withdraw as Attorney,,,, Motion Hearing,,, #36 , Associated Fleet Corp., Joseph Wihbey. (Carrillo, Christopher) |
| Filing 36 MINUTES OF Motion Hearing held before Judge R. Gary Klausner. Motion of David D. Werner of Gresham Savage to Withdraw as Attorney for Plaintiff and Counter-Defendant Associated Fleet Corp. and Joseph Wihbey #35 . Court and counsel confer. Counsel informs the Court that notice of the motion was given to his clients and there has been no communication from them. The Court has not received any objections. Counsel informs the Court that defendants have no objection. The motion is granted. The individual, Joseph Wihbey shall proceed pro se and can retain new counsel. The Corporation must retain new counsel within 20 days. Counsel shall give notice of the Courts ruling to the parties and immediately file a proof of service. (SEE CIVIL MINUTES FOR FURTHER SPECIFICS). Court Reporter: Sheri Kleeger. (et) |
| Filing 35 NOTICE OF MOTION AND MOTION of David D. Werner of Gresham Savage to Withdraw as Attorney filed by Plaintiff and Counter-Defendant Associated Fleet Corp., Joseph Wihbey. Motion set for hearing on 8/3/2020 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum ISO Motion to Withdraw as Counsel, #2 Declaration ISO Motion to Withdraw as Counsel, #3 Proposed Order ISO Motion to Withdraw as Counsel) (Carrillo, Christopher) |
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Filing 34
ORDER by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: NOTICE OF MOTION AND MOTION to Withdraw NOTICE OF MOTION AND MOTION of David D. Werner of Gresham Savage to Withdraw as Attorney #33 , for the following reasons: Hearing Information is missing, incorrect, or not timely. (et)
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| Filing 33 [DOCUMENT STRICKEN PER ORDER DATED ON 6/29/2020, SEE DOCKET ENTRY NO. 34 ] - NOTICE OF MOTION AND MOTION to Withdraw , NOTICE OF MOTION AND MOTION of David D. Werner of Gresham Savage to Withdraw as Attorney filed by Plaintiff and Counter-Defendant Associated Fleet Corp., Joseph Wihbey. Motion set for hearing on 7/20/2020 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum ISO Motion to Withdraw as Counsel, #2 Declaration ISO Motion to Withdraw as Counsel, #3 Proposed Order ISO Motion to Withdraw as Counsel) (Attorney Christopher Michael Carrillo added to party Joseph Wihbey(pty:cd)) (Carrillo, Christopher) Modified on 6/29/2020 (et). |
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Filing 32
ORDER by Judge R. Gary Klausner GRANTING Request for Approval of Substitution of Attorney William S Kroneberg for Defendants ASAP Trust and Trailer Repair, Inc., Juan Olivas, and Gisela Amado in place and stead of Dariush G Adli and Ben Jakovljevic #31 . (jp)
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| Filing 31 First REQUEST to Substitute attorney William Kronenberg in place of attorney Dariush G. Adli and Ben Jakovljevic filed by Defendant ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. (Attachments: #1 Proposed Order (PROPOSED) ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY) (Attorney William S Kronenberg added to party ASAP Truck and Trailer Repair, Inc.(pty:dft), Attorney William S Kronenberg added to party Gisela Amado(pty:dft), Attorney William S Kronenberg added to party Juan Olivas(pty:dft)) (Kronenberg, William) |
| Filing 30 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Rebecca Callahan has been assigned to serve as Panel Mediator. (mb) |
| Filing 29 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties request that the ADR Program assign a Panel Mediator from the following area of law: Business Commercial Litigation. Filed by Plaintiff Associated Fleet Corp.(Carrillo, Christopher) |
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Filing 28
ORDER/REFERRAL to ADR Procedure No 2 by Judge R. Gary Klausner. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 9/11/2020. (vv)
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Filing 27
ORDER FOR JURY TRIAL by Judge R. Gary Klausner. Final Pretrial Conference set for 10/26/2020 at 9:00 AM. Jury Trial set for 11/10/2020 at 9:00 AM. (vv)
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| Filing 26 MINUTES OF Scheduling Conference held before Judge R. Gary Klausner. Amended Pleadings due by 4/10/2020. Discovery cut-off 8/12/2020. Motions due by 8/26/2020. Final Pretrial Conference set for 10/26/2020 at 9:00 AM. Jury Trial set for 11/10/2020 at 9:00 AM. Court Reporter: Sheri Kleeger. (vv) |
| Filing 25 NOTICE of Change of Attorney Business or Contact Information: for attorney Dariush G Adli counsel for Defendants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. Changing address to 700 South Flower St., Suite 1220 Los Angeles, California 90017. Filed by Defendants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. (Adli, Dariush) |
| Filing 24 STATUS REPORT JOINT RULE 26(F) filed by Plaintiff Associated Fleet Corp., Counter Defendant Joseph Wihbey. (Werner, David) |
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Filing 23
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. A Scheduling Conference has been placed on calendar for March 9, 2020 at 9:00 a.m. The Conference will be held pursuant to F.R.Civ. P. 16(b). Trial counsel must be present and there are no telephonic appearances. Counsel are ordered to file a joint statement providing a brief factual summary of the case, including the claims being asserted. The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference, and to file a joint statement with the Court not later than 14 days after they confer, as required by F.R. Civ.P. 26 and the Local Rules of this Court. Failure to comply may lead to the imposition of sanctions. Plaintiff's counsel is directed to give notice of the scheduling conference to each party that makes an initial appearance in the action after this date. Rule 26 Meeting Report due by 3/2/2020. (sw)
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| Filing 22 Counter-Defendants Associated Fleet Corp.'s and Joseph Wihbey's Answer to Counterclaim contained in ASAP Truck and Trailer Repair, Inc.'s ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #12 filed by Counter-Defendants Associated Fleet Corp., Joseph Wihbey.(Werner, David) |
| Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney David D Werner counsel for Counter Defendants Associated Fleet Corp., Joseph Wihbey, Plaintiff Associated Fleet Corp.. Adding David D. Werner as counsel of record for Associated Fleet Corp. and Joseph Wihbey for the reason indicated in the G-123 Notice. Filed by Plaintiff Associated Fleet Corp.. (Attorney David D Werner added to party Associated Fleet Corp.(pty:cd), Attorney David D Werner added to party Associated Fleet Corp.(pty:pla), Attorney David D Werner added to party Joseph Wihbey(pty:cd))(Werner, David) |
| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Stefanie G Field counsel for Counter Defendants Associated Fleet Corp., Joseph Wihbey, Plaintiff Associated Fleet Corp.. Stefanie G. Field is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Associated Fleet Corp.. (Field, Stefanie) |
| Filing 19 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher Michael Carrillo counsel for Counter Defendant Associated Fleet Corp., Plaintiff Associated Fleet Corp.. Adding Christopher M. Carrillo as counsel of record for Associated Fleet Corp. for the reason indicated in the G-123 Notice. Filed by Plaintiff Associated Fleet Corp.. (Attorney Christopher Michael Carrillo added to party Associated Fleet Corp.(pty:cd), Attorney Christopher Michael Carrillo added to party Associated Fleet Corp.(pty:pla))(Carrillo, Christopher) |
| Filing 18 21 DAY Summons Issued re Counterclaim #12 as to Counter Defendant Joseph Wihbey. (jp) |
| Filing 17 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #12 filed by Counter-claimant ASAP Truck and Trailer Repair, Inc.. (Adli, Dariush) |
| Filing 16 NOTICE of Interested Parties filed by counter-claimant ASAP Truck and Trailer Repair, Inc., identifying ASAP Truck and Trailer, Inc. a California Corporation, Associated Fleet Corp, a Florida Corporation, Juan Olivas, an individual, Gisela Amado, and Joseph Wihbey. (Adli, Dariush) |
| Filing 15 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #13 . The following error(s) was found: The caption of the summons must match the caption of the Counterclaim 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. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (jp) |
| Filing 14 Text Only Entry: Defendant shall file the required Notice of Interested Parties not later than 12 noon on October 22, 2019. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY |
| Filing 13 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #12 filed by Counter-claimant ASAP Truck and Trailer Repair, Inc.. (Adli, Dariush) |
| Filing 12 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND, COUNTERCLAIM against Associated Fleet Corp., Joseph Wihbey filed by defendants Gisela Amado, Juan Olivas, ASAP Truck and Trailer Repair, Inc..(Attorney Dariush G Adli added to party ASAP Truck and Trailer Repair, Inc.(pty:dft), Attorney Dariush G Adli added to party Gisela Amado(pty:dft), Attorney Dariush G Adli added to party Juan Olivas(pty:dft))(Adli, Dariush) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Associated Fleet Corp., upon Defendant Juan Olivas served on 9/30/2019, answer due 10/21/2019. Service of the Summons and Complaint were executed upon Gisela Amado, Person in Charge/Spouse, authorized to accept service for Juan Olivas in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Attachments: #1 Declaration of due Diligence re Substitute Service)(Field, Stefanie) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Associated Fleet Corp., upon Defendant Gisela Amado served on 9/27/2019, answer due 10/18/2019. Service of the Summons and Complaint were executed upon Gisela Amado in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Field, Stefanie) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Associated Fleet Corp., upon Defendant ASAP Truck and Trailer Repair, Inc. served on 9/27/2019, answer due 10/18/2019. Service of the Summons and Complaint were executed upon Gisela Amado, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Field, Stefanie) |
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Filing 8
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw)
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| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants ASAP Truck and Trailer Repair, Inc., Gisela Amado, Juan Olivas. (lh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Sheri Pym. (lh) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 , Certificate/Notice of Interested Parties #2 , Civil Cover Sheet (CV-71) #3 filed by Plaintiff Associated Fleet Corp., a Florida Corporation. (Field, Stefanie) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Associated Fleet Corp., a Florida Corporation. (Field, Stefanie) |
| Filing 2 NOTICE of Interested Parties filed by Plaintiff Associated Fleet Corp., a Florida Corporation, identifying Associated Fleet Corp.. (Field, Stefanie) |
| Filing 1 COMPLAINT Receipt No: 0973-24482107 - Fee: $400, filed by Plaintiff Associated Fleet Corp., a Florida Corporation. (Attorney Stefanie G Field added to party Associated Fleet Corp., a Florida Corporation(pty:pla))(Field, Stefanie) |
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