Scott Li et al v. AT&T Mobility LLC et al
| Scott Li and AMWEAR USA, INC. |
| AT&T Mobility LLC and DOE |
| 5:2022cv00431 |
| March 10, 2022 |
| US District Court for the Central District of California |
| Sheri Pym |
| Stephen V Wilson |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on February 15, 2023. A more recent docket listing may be available from PACER.
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Filing 43
ORDER OF DISMISSAL [FRCP 41(a)] by Judge Stephen V. Wilson. IT IS ORDERED that this action be, and hereby is, DISMISSED without prejudice as to all claims, causes of action, and parties, except as to those counts asserted by Scott Li which were previously dismissed with prejudice, with each party bearing that party's own costs and attorney fees. The Clerk is directed to close the file and vacate all dates. RE: Stipulation to Dismiss Case #42 . (Case Terminated. Made JS-6.) (aco)
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| Filing 42 STIPULATION to Dismiss Case pursuant to 41(a)(1)(ii) filed by Plaintiff Amwear USA, Inc.. (Attachments: #1 Proposed Order)(Geurts, Phillip) |
| Filing 41 NOTICE OF MOTION AND MOTION for Summary Judgment as to All Counts of the Third Amended Complaint filed by Defendant AT&T Mobility LLC. Motion set for hearing on 3/6/2023 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum of Points & Authorities, #2 Separate Statement of Uncontroverted Facts and Conclusions of Law, #3 Declaration of Emerson Cohen, #4 Exhibit A to Cohen Decl, #5 Exhibit B to Cohen Decl, #6 Exhibit C to Cohen Decl, #7 Exhibit D to Cohen Decl, #8 Declaration of Tina Jay, #9 Exhibit A to Jay Decl, #10 Exhibit B to Jay Decl, #11 Declaration of Nancy L. Stagg, #12 Exhibit A to Stagg Decl, #13 Exhibit B to Stagg Decl, #14 Exhibit C to Stagg Decl, #15 Proposed Order Proposed Judgment) (Stagg, Nancy) |
| Filing 40 NOTICE OF MOTION AND MOTION to Continue Trial from March 21, 2023 to August 1, 2023 Re: Pretrial-Trial Scheduling Order - form only #37 filed by Defendant AT&T Mobility LLC. Motion set for hearing on 3/6/2023 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum, #2 Declaration of Nancy Stagg, #3 Proposed Order) (Stagg, Nancy) |
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Filing 39
IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson re: Stipulation to Continue Trial from March 21, 2023 to August 1, 2023 #38 - DENIED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 38 Joint STIPULATION to Continue Trial from March 21, 2023 to August 1, 2023 Re: Pretrial-Trial Scheduling Order - form only #37 filed by Defendant AT&T Mobility LLC. (Attachments: #1 Declaration of Nancy L. Stagg, #2 Proposed Order)(Stagg, Nancy) |
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Filing 37
CIVIL TRIAL PREPARATION ORDER by Judge Stephen V. Wilson: A Bench Trial is set for 3/21/2023 at 9:00 AM, with a Pretrial Conference set for 3/13/2023 at 3:00 PM. (pc)
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| Filing 36 ANSWER to Amended Complaint/Petition #25 filed by Defendant AT&T Mobility LLC.(Stagg, Nancy) |
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Filing 35
IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson RE: MOTION to Dismiss Case filed by Defendant AT&T Mobility LLC #26 - The Courts prior order instructed the Plaintiff to remedy the Courts concerns. The Court now believes that Plaintiffs Third Amended Complaint satisfies the pleading standard set forth in the Federal Rules of Civil Procedure. As a result, Defendants motion to dismiss, at Dkt. 26, is denied. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 34
IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson re: MOTION to Dismiss Case #26 - The motion is submitted. Order to issue. The hearing set for 09/19/2022 at 1:30 p.m. is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 33 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #26 Plaintiff's Third Amended Complaint filed by Defendant AT&T Mobility LLC. (Stagg, Nancy) |
| Filing 32 Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Plaintiff Amwear USA, Inc.. (Geurts, Phillip) |
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Filing 31
ORDER TO EXTEND TIME TO OPPOSE by Judge Stephen V. Wilson. The Court determines that Plaintiff's Motion to Extend is GRANTED. Plaintiff shall file its Opposition no later than 7 court days after the entry of this Order granting extension. The hearing on Defendant's Motion to Dismiss shall be set for September 19, 2022 at 1:30 p.m.; granting #29 MOTION for Extension of Time to File. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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| Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney Xiao Jing Diego Wu Min counsel for Defendant AT&T Mobility LLC. Adding Xiao Jing Diego Wu Min as counsel of record for AT&T Mobility LLC for the reason indicated in the G-123 Notice. Filed by Defendant AT&T Mobility LLC. (Attorney Xiao Jing Diego Wu Min added to party AT&T Mobility LLC(pty:dft))(Wu Min, Xiao Jing) |
| Filing 29 NOTICE OF MOTION AND MOTION for Extension of Time to File Objection filed by plaintiff Amwear USA, Inc.. Motion set for hearing on 9/19/2022 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order) (Geurts, Phillip) |
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Filing 28
SCHEDULING NOTICE-IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson re: MOTION to Dismiss Case filed by Defendant AT&T Mobility LLC #26 - The motion is submitted. Order to issue. The hearing previously scheduled for 08/15/2022 at 1:30 p.m. is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 27 REPLY NOTICE OF MOTION AND MOTION to Dismiss Case #26 NOTICE OF PLAINTIFF'S FAILURE TO FILE AN OPPOSITION OR STATEMENT OF NON-OPPOSITION filed by Defendant AT&T Mobility LLC. (Stagg, Nancy) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant AT&T Mobility LLC. Motion set for hearing on 8/15/2022 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum, #2 Proposed Order) (Stagg, Nancy) |
| Filing 25 Third AMENDED COMPLAINT against Defendant All Defendants amending Amended Complaint/Petition #19 , filed by Plaintiff Scott Li, Amwear USA, Inc.(Geurts, Phillip) |
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Filing 24
MINUTES ORDER GRANTING MOTION TO DISMISS #20 by Judge Stephen V. Wilson. For the foregoing reasons, Defendant's motion to dismiss is GRANTED. Plaintiff Li's claims for breach of contract and breach of good faith (Counts I and II) are dismissed with prejudice. All other claims are dismissed with leave to amend. Plaintiff's amended complaint shall be filed within 14 days. (SEE DOCUMENT FOR FURTHER DETAILS); granting #20 MOTION to Dismiss Case (aco)
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Filing 23
SCHEDULING NOTICE-IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson re: MOTION to Dismiss Case filed by Defendant AT&T Mobility LLC #20 - The motion is submitted. Order to issue. The hearing previously scheduled for 06/27/2022 at 1:30 p.m. is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 22 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #20 filed by Defendant AT&T Mobility LLC. (Stagg, Nancy) |
| Filing 21 Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case #20 filed by Plaintiffs Amwear USA, Inc., Scott Li. (Geurts, Phillip) |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant AT&T Mobility LLC. Motion set for hearing on 6/27/2022 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum, #2 Proposed Order) (Stagg, Nancy) |
| Filing 19 SECOND AMENDED COMPLAINT against Defendant All Defendants amending Complaint - (Discovery), filed by Plaintiff Scott Li, Amwear USA, Inc. (Attachments: #1 Exhibit One)(Geurts, Phillip) |
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Filing 17
SCHEDULING NOTICE-IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson re: NEW CASE STATUS CONFERENCE; and #11 MOTION to Dismiss Counts One and Two filed by Defendant AT&T Mobility LLC - The motion is submitted. Order to issue. The hearing and conferencescheduled for 04/25/2022 at 1:30 p.m. are vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 18
MINUTE ORDER GRANTING MOTION TO DISMISS by Judge Stephen V. Wilson: Defendant's motion to dismiss #11 is granted. Plaintiffs' complaint is dismissed; because these deficiencies could be cured by amendment, the dismissal is with leave to amend. Plaintiffs shall file an amended complaint within 14 days. Court Reporter: N/A. (gk)
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| Filing 16 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Counts One and Two #11 filed by Defendant AT&T Mobility LLC. (Stagg, Nancy) |
| Filing 15 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Counts One and Two #11 filed by Plaintiffs Amwear USA, Inc., Scott Li. (Geurts, Phillip) |
| Filing 14 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Scott Li, Amwear USA, Inc., upon Defendant AT&T Mobility LLC acknowledgment sent by Plaintiff on 2/10/2022, answer due 3/3/2022. Acknowledgment of Service signed by Nancy Stagg, Attorney. (Geurts, Phillip) |
| Filing 13 STATUS REPORT ON CONFERENCE OF COUNSEL [L.R. 7-3] filed by Defendant AT&T Mobility LLC. (Stagg, Nancy) |
| Filing 12 SCHEDULING NOTICE: The initial status conference previously scheduled for 04/11/2022 at 3:00 p.m. has been rescheduled to 4/25/2022 at 1:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Counts One and Two filed by Defendant AT&T Mobility LLC. Motion set for hearing on 4/25/2022 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum, #2 Proposed Order) (Stagg, Nancy) |
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Filing 10
ORDER SETTING INITIAL STATUS CONFERENCE for 4/11/2022 at 3:00 PM before Judge Stephen V. Wilson. (pc)
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Filing 9
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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Filing 8
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 21-01 by Judge R. Gary Klausner. Case transferred from Judge R. Gary Klausner to the calendar of Judge Stephen V. Wilson for all further proceedings. Case number now reads as 5:22-cv-00431-SVW (SPx). (et)
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT of Eastern Division Removal Case and Notice re Consent to proceed before a U.S. Magistrate Judge. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Sheri Pym for discovery. Pursuant to General Order 21-01, this case has been randomly reassigned to District Judge R. Gary Klausner. The case number on all documents filed with the Court in this case should read as follows: 5:22-cv-00431 RGK (SPx). (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Scott Li, Amwear USA, Inc. in Riverside Superior Court on 1/3/2022, attached as Exhibit A. (jtil) |
| Filing 4 PROOF OF SERVICE filed by Defendant AT&T Mobility LLC, re Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening),,, #1 , Certificate/Notice of Interested Parties #3 served on 03/10/2022. (Stagg, Nancy) |
| Filing 3 NOTICE of Interested Parties filed by Defendant AT&T Mobility LLC, identifying AT&T Inc.. (Stagg, Nancy) |
| Filing 2 CIVIL COVER SHEET filed by Defendant AT&T Mobility LLC. (Stagg, Nancy) |
| Filing 1 NOTICE OF REMOVAL from Riverside County Superior Court, case number CVRI2200018 Receipt No: ACACDC-32924493 - Fee: $402, filed by Defendant AT&T Mobility LLC. (Attachments: #1 Exhibit Complaint for Breach of Contract, #2 Exhibit State Court Civil Cover Sheet, #3 Exhibit Issued Summons, #4 Exhibit Certificate of Counsel, #5 Exhibit Notice of Case Management Conference, #6 Exhibit Notice of Department Assignment, #7 Exhibit ADR Package, #8 Exhibit Amendment to Complaint, #9 Declaration of Jackie A. Begue, #10 Declaration of Nancy L. Stagg, #11 Exhibit A to Decl. of Stagg, #12 Exhibit B to Decl. of Stagg, #13 Exhibit C to Decl. of Stagg, #14 Exhibit D to Decl. of Stagg, #15 Exhibit E to Decl. of Stagg, #16 Exhibit F to Decl. of Stagg) (Attorney Nancy L Stagg added to party AT&T Mobility LLC(pty:dft))(Stagg, Nancy) Modified on by Clerk on 3/11/2022 (jtil). |
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