Greenbrook Engineering Services, LLC v. R N D Contractors, Inc et al
| Greenbrook Engineering Services, LLC |
| DOES 1 through 10, inclusive, Liberty Consultants, Inc., Old Republic Surety Company, R N D Contractors, Inc, Old Republic Insurance Company and Hartford Fire Insurance Company |
| 5:2020cv00506 |
| March 11, 2020 |
| US District Court for the Central District of California |
| Percy Anderson |
| Kenly Kiya Kato |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on May 4, 2020. A more recent docket listing may be available from PACER.
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| Filing 17 STIPULATION Extending Time to Answer the complaint as to Hartford Fire Insurance Company answer now due 6/3/2020; Old Republic Surety Company answer now due 6/3/2020; Liberty Consultants, Inc. answer now due 6/3/2020; R N D Contractors, Inc answer now due 6/3/2020; Old Republic Insurance Company answer now due 6/3/2020, re Amended Complaint/Petition, #15 filed by defendants Hartford Fire Insurance Company; Old Republic Surety Company; Liberty Consultants, Inc.; R N D Contractors, Inc; Old Republic Insurance Company.(Lockwood, Christopher) |
| Filing 16 NOTICE of Appearance filed by attorney James Patrick Ragan on behalf of Defendants DOES, Hartford Fire Insurance Company, Liberty Consultants, Inc., Old Republic Insurance Company, Old Republic Surety Company, R N D Contractors, Inc (Attorney James Patrick Ragan added to party DOES(pty:dft))(Ragan, James) |
| Filing 15 SECOND AMENDED COMPLAINT against Defendant All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Greenbrook Engineering Services, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Green, Scott) |
Filing 14
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court is in receipt of the First Amended Complaint ("1st AC") filed by plaintiff Greenbrook Engineering Services, LLC ("Plaintiff") against defendants RND Contractors, Inc., Liberty Consultants, Inc., Old Republic Surety Company, and Hartford Fire Insurance Company (collectively "Defendants"). The Complaint alleges that this Court possesses diversity jurisdiction over this action pursuant to 28 U.S.C. 1332. (SEE DOCUMENT FOR DETAILS). Accordingly, the Court dismisses Plaintiff's 1st AC for lack of subject matter jurisdiction. A district court may, and should, grant leave to amend when it appears that subject matter jurisdiction may exist, even though the complaint inadequately alleges jurisdiction. See 28 U.S.C. 1653; Trentacosta v. Frontier Pacific Aircraft Industries, Inc., 813 F.2d 1553, 1555 (9th Cir. 1987). Therefore, the Court grants Plaintiff leave to amend the 1st AC to establish federal subject matter jurisdiction. Plaintiff's Second Amended Complaint, if any, is to be filed by May 11, 2020. (mrgo)
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| Filing 13 STIPULATION for Extension of Time to File Answer to June 3, 2020 re Amended Complaint/Petition, #11 filed by defendants Hartford Fire Insurance Company, Liberty Consultants, Inc., Old Republic Insurance Company, Old Republic Surety Company, R N D Contractors, Inc. (Attachments: #1 Proposed Order)(Attorney Christopher D Lockwood added to party Hartford Fire Insurance Company(pty:dft), Attorney Christopher D Lockwood added to party Liberty Consultants, Inc.(pty:dft), Attorney Christopher D Lockwood added to party Old Republic Insurance Company(pty:dft), Attorney Christopher D Lockwood added to party Old Republic Surety Company(pty:dft), Attorney Christopher D Lockwood added to party R N D Contractors, Inc(pty:dft))(Lockwood, Christopher) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Greenbrook Engineering Services, LLC, upon Defendant R N D Contractors, Inc served on 3/19/2020, answer due 4/9/2020. Service of the Summons and Complaint were executed upon ANTONIA REA, PERSON AUTHORIZED TO ACCEPT in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Green, Scott) |
| Filing 11 First AMENDED COMPLAINT against Defendant All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Greenbrook Engineering Services, LLC (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Green, Scott) |
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Filing 10
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court is in receipt of the Complaint filed by plaintiff Greenbrook Engineering Services, LLC ("Plaintiff") against defendants RND Contractors, Inc., Liberty Consultants, Inc., Old Republic Surety Company, and Hartford Fire Insurance Company (collectively "Defendants"). The Complaint alleges that this Court possesses diversity jurisdiction over this action pursuant to 28 U.S.C. 1332. Accordingly, the Court dismisses Plaintiff's Complaint for lack of subject matter jurisdiction. A district court may, and should, grant leave to amend when it appears that subject matter jurisdiction may exist, even though the complaint inadequately alleges jurisdiction. Therefore, the Court grants Plaintiff leave to amend the Complaint to establish federal subject matter jurisdiction. Plaintiff's First Amended Complaint, if any, is to be filed by April 20, 2020. (SEE DOCUMENT FOR FULL DETAILS) (mrgo)
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Filing 9
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See document for details) (mrgo)
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Filing 8
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dean D. Pregerson. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Dean D. Pregerson to Judge Percy Anderson for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:20-cv-00506 PA(KKx). (rn)
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| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Hartford Fire Insurance Company, Liberty Consultants, Inc., Old Republic Insurance Company, Old Republic Surety Company and R N D Contractors, Inc. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Kenly Kiya Kato. (jtil) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Greenbrook Engineering Services, LLC. (Green, Scott) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Greenbrook Engineering Services, LLC, (Green, Scott) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Greenbrook Engineering Services, LLC. (Green, Scott) |
| Filing 1 COMPLAINT Receipt No: ACACDC-25699873 - Fee: $400, filed by Plaintiff Greenbrook Engineering Services, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4) (Attorney Scott Thomas Green added to party Greenbrook Engineering Services, LLC(pty:pla))(Green, Scott) |
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