Mad Atom, LLC v. FMC Foundation et al
| Mad Atom, LLC |
| FMC Corporation, FMC Foundation, Food Machinery Corporation and Does 1-10, inclusive |
| MLM Properties, LLC |
| 5:2022cv01402 |
| August 5, 2022 |
| US District Court for the Central District of California |
| Sheri Pym |
| Sunshine Suzanne Sykes |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on December 5, 2022. A more recent docket listing may be available from PACER.
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Filing 51
ORDER/REFERRAL to ADR Procedure No 3 by Judge Sunshine Suzanne Sykes. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 3/22/2024. (iva)
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Filing 50
CIVIL TRIAL ORDER by Judge Sunshine Suzanne Sykes. Amended Pleadings due by 3/31/2023. Motions due by 3/1/2024. Last date to conduct settlement conference is 3/22/2024. Motion set for hearing on 5/3/2024 at 02:00 PM before Judge Sunshine Suzanne Sykes. Final Pretrial Conference set for 5/17/2024 01:00 PM before Judge Sunshine Suzanne Sykes. Jury Trial set for 6/3/2024 09:00 AM before Judge Sunshine Suzanne Sykes. (iva)
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Filing 49
(IN CHAMBERS) ORDER TAKING SCHEDULING CONFERENCE OFF CALENDAR by Judge Sunshine S. Sykes: The Court has considered the parties' Joint Rule 16(b)/26(f) Report with respect to the Scheduling Conference and has concluded that the hearing on December 2, 2022 is not necessary. Accordingly, the Scheduling Conference is taken off calendar. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 48 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 days, filed by Defendant FMC Corporation, Counter Claimant FMC Corporation.. (Goldman, Jeffrey) |
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Filing 47
ORDER GRANTING STIPULATION BETWEEN FMC CORPORATION AND MLM PROPERTIES, LLC TO WAIVE COSTS PURSUANT TO FRCP 41(d) by Judge Sunshine Suzanne Sykes: The Court, ORDERS as follows: 1. The Parties shall bear their own costs and attorneys fees incurred through the date of these stipulations, including those in connection with the Stipulation to Dismiss MLM. [Dkt. No. 45]. 2. FMC may file an impleader against MLM at a later time without Court approval. MLM may not object to said impleader. 3. If MLM is later named by FMC in an impleader in this action or in a separate action based on the same or related claims, then the Parties shall have the right to seek and recover, to the extent allowed by law or contract, any and all available fees and costs, including those Parties agree to bear on their own in this stipulation, subject to Paragraph 4 below. 4. The Parties further agree that Federal Rule of Procedure 41(d) (Rule 41(d)) is: (i) waived by MLM; and (ii) shall not apply to the impleader referenced in the aforementioned Paragraph, or any other complaint by FMC that would implicate Rule 41(d). In response, MLM shall have the right to assert any motion, answer, and/or defense it deems fit. IT IS SO ORDERED. (shb)
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| Filing 46 STIPULATION to Waive Costs, Pursuant to FRCP 41(d), filed by Defendant, Counterclaimant, and Third-Party Plaintiff FMC Corporation. (Attachments: #1 Proposed Order)(Goldman, Jeffrey) |
| Filing 45 STIPULATION to Dismiss Third-Party Defendant MLM Properties, LLC filed by Defendant, Counterclaimant, and Third-Party Plaintiff FMC Corporation.(Goldman, Jeffrey) |
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Filing 44
ORDER GRANTING STIPULATION TO WITHDRAW MOTION TO REMAND [Dkt. Nos. 22-24] AND MOTION TO DISMISS [Dkt. No. 26] by Judge Sunshine Suzanne Sykes: The Court, having considered the Stipulation to Withdraw Mad Atoms Motion to Remand [Dkt. Nos. 22-24] and Foundations Motion to Dismiss [Dkt. No. 26] ORDERS as follows: 1. The Motion to Remand [Dkt. Nos. 22-24] and Motion to Dismiss [Dkt. No.26] set for hearing on November 18, 2022, are withdrawn and taken off the Courts calendar. 2. The Parties shall bear their own costs and attorneys fees incurred in connection with any motion involving Foundation as of the date of the Stipulation. 3. If Mad Atom at a later date wishes to name Foundation as a defendant in this action, Mad Atom shall file a motion to amend the operative complaint which Foundation shall have the right to oppose. 4. If Foundation is later named as a defendant in this action, then Mad Atom and Foundation shall have the right to seek and recover, to the extent allowed by law or contract, any and all available fees and costs (including those the Parties agree tobear on their own in this stipulation). IT IS SO ORDERED. (shb)
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Filing 43
ORDER GRANTING MLM PROPERTIES, LLCS DEADLINE TO RESPOND TO THE THIRD-PARTYCOMPLAINT, #42 by Judge Sunshine Suzanne Sykes: IT IS HEREBY ORDERED that pursuant to Federal Rules of Civil Procedure 6(b)(1), Defendants Application for an Order extending the deadline for MLM to respond to the third-party complaint until October 19, 2022. is GRANTED. IT IS SO ORDERED. (shb)
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| Filing 42 EX PARTE APPLICATION to Extend Time to File Answer to 11/18/2022 re Third Party Complaint #16 filed by Third Party Defendant MLM Properties, LLC. (Attachments: #1 Declaration in Support) (Bredeson, Christian) |
| Filing 41 STIPULATION to Withdraw Motion NOTICE OF MOTION AND MOTION to Remand Case to RIVERSIDE SUPERIOR COURT #22 , NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #26 filed by Defendants FMC Corporation, FMC Foundation. (Attachments: #1 Proposed Order)(Goldman, Jeffrey) |
| Filing 40 Joint STIPULATION to Dismiss Defendant FMC Foundation filed by Defendants FMC Corporation, FMC Foundation.(Goldman, Jeffrey) |
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Filing 39
SCHEDULING NOTICE AND ORDER by Judge Sunshine S. Sykes: On its own motion, the Court hereby CONTINUES the hearing on the Motion to Remand [Dkts. #22 & #23 ] and the Motion to Dismiss [Dkt. #26 ] from September 30, 2022, to November 18, 2022, at 2:00 p.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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Filing 38
ORDER GRANTING MLM PROPERTIES, LLCS DEADLINE TO RESPOND TO THE THIRD-PARTYCOMPLAINT, #37 by Judge Sunshine Suzanne Sykes: IT IS HEREBY ORDERED that pursuant to Federal Rules of Civil Procedure 6(b)(1), Defendants Application for an Order extending the deadline for MLM to respond to the third-party complaint until October 7, 2022. is GRANTED. IT IS SO ORDERED. (shb)
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| Filing 37 EX PARTE APPLICATION to Extend Time to File Answer to 10/7/2022 re Third Party Complaint #16 filed by Third Party Defendant MLM Properties, LLC. (Attachments: #1 Declaration, #2 Proposed Order) (Attorney Christian E Bredeson added to party MLM Properties, LLC(pty:3pd)) (Bredeson, Christian) |
| Filing 36 PROOF OF SERVICE Executed by Third-Party Plaintiff FMC Corporation, upon Third-Party Defendant MLM Properties, LLC served on 8/23/2022, answer due 9/13/2022. Service of the Summons and Complaint were executed upon Mike Cardey, Agent for Service of Process for MLM Properties, LLC in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Goldman, Jeffrey) |
| Filing 35 REPLY IN SUPPORT OF MOTION Corrected NOTICE OF MOTION AND MOTION to Remand Case to RIVERSIDE SUPERIOR COURT #23 filed by Plaintiff Mad Atom, LLC. (Attachments: #1 Declaration Declaration of Mohammad A. Fakhreddine, #2 Exhibit D, #3 Exhibit E)(Fakhreddine, Mohammad) |
| Filing 34 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #26 filed by Defendant FMC Foundation. (Goldman, Jeffrey) |
| Filing 33 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #26 filed by Plaintiff Mad Atom, LLC. (Attachments: #1 Declaration Declaration of Mohammad A. Fakhreddine, #2 Exhibit A)(Fakhreddine, Mohammad) |
| Filing 32 OPPOSITION to Corrected NOTICE OF MOTION AND MOTION to Remand Case to RIVERSIDE SUPERIOR COURT #23 filed by ThirdParty Plaintiff FMC Corporation, Defendants FMC Corporation, FMC Foundation, Counter Claimant FMC Corporation. (Attachments: #1 Declaration of Jeffrey M. Goldman)(Goldman, Jeffrey) |
| Filing 31 NOTICE of Interested Parties filed by CounterDefendant Mad Atom, LLC, identifying Mad Atom LLC. (Fakhreddine, Mohammad) |
| Filing 30 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Answer to Counterclaim #29 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) |
| Filing 29 ANSWER to Counterclaim #15 filed by Counter-Defendant Mad Atom, LLC.(Fakhreddine, Mohammad) |
| Filing 28 PROOF OF SERVICE filed by defendant FMC Foundation, re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #26 , Request for Judicial Notice #27 served on August 31, 2022. (Goldman, Jeffrey) |
| Filing 27 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #26 filed by Defendant FMC Foundation. (Goldman, Jeffrey) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by defendant FMC Foundation. Motion set for hearing on 9/30/2022 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Declaration of Douglas Gush, #2 Proposed Order) (Attorney Jeffrey M Goldman added to party FMC Foundation(pty:dft)) (Goldman, Jeffrey) |
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Filing 25
ORDER SETTING SCHEDULING CONFERENCE by Judge Sunshine Suzanne Sykes. Scheduling Conference set for 12/2/2022 at 01:00 PM before Judge Sunshine Suzanne Sykes. (iva)
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| Filing 24 Amendment to Corrected NOTICE OF MOTION AND MOTION to Remand Case to RIVERSIDE SUPERIOR COURT #23 AMENDED PROPOSED ORDER filed by Plaintiff Mad Atom, LLC. (Fakhreddine, Mohammad) |
| Filing 23 Corrected NOTICE OF MOTION AND MOTION to Remand Case to RIVERSIDE SUPERIOR COURT filed by PLAINTIFF Mad Atom, LLC. Motion set for hearing on 9/30/2022 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Proposed Order, #2 Declaration OF MOHAMMAD A FAKHREDDINE, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C) (Fakhreddine, Mohammad) |
| Filing 22 NOTICE OF MOTION AND MOTION to Remand Case to RIVERSIDE SUPERIOR COURT filed by PLAINTIFF Mad Atom, LLC. Motion set for hearing on 9/30/2022 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Proposed Order, #2 Declaration OF MOHAMMAD A FAKHREDDINE, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C) (Fakhreddine, Mohammad) |
| Filing 21 PROOF OF SERVICE filed by defendant and counterclaimant FMC Corporation, re Third Party Complaint #16 , Counterclaim #15 , Answer to Complaint #14 , Summons Request #17 , Jury Demand #18 served on August 18, 2022. (Goldman, Jeffrey) |
| Filing 20 21 DAY Summons Issued re Third Party Complaint #16 as to Third Party Defendant MLM Properties, LLC. (shb) |
| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Third Party Complaint #16 , Counterclaim #15 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Other error(s) with document(s): The Counterclaim and Third Party Complaint must be included on all documents filed with the Court.. 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. (shb) |
| Filing 18 DEMAND for Jury Trial filed by defendant, counterclaimant, and third-party plaintiff FMC Corporation.. (Goldman, Jeffrey) |
| Filing 17 Request for Clerk to Issue Summons on Third Party Complaint #16 filed by Defendant, Counterclaimant and Third-Party Plaintiff FMC Corporation. (Goldman, Jeffrey) |
| Filing 16 THIRD PARTY COMPLAINT against third-party defendant MLM Properties, LLC ; Jury Demand, filed by defendant, counterclaimant and third-party plaintiff FMC Corporation. (Attachments: #1 Exhibits 1-5)(Goldman, Jeffrey) |
| Filing 15 COUNTERCLAIM against Plaintiff and Counter-Defendant Mad Atom, LLC; Jury Demand, filed by defendant and counterclaimant FMC Corporation. (Attachments: #1 Exhibits 1 - 4)(Goldman, Jeffrey) |
| Filing 14 ANSWER to Amended Complaint, JURY DEMAND. filed by Defendant FMC Corporation.(Goldman, Jeffrey) |
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Filing 13
CIVIL STANDING ORDER by Judge Sunshine Suzanne Sykes. (iva)
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| Filing 12 CERTIFICATE OF SERVICE filed by defendant FMC Corporation, re Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #9 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #10 , Notice of Assignment to United States Judges(CV-18) - optional html form #8 served on August 11, 2022. (Goldman, Jeffrey) |
| Filing 11 Notice of Appearance or Withdrawal of Counsel: for attorney Andrick J. Zeen counsel for Defendant FMC Corporation. Adding Andrick J. Zeen as counsel of record for FMC Corporation for the reason indicated in the G-123 Notice. Filed by defendant FMC Corporation. (Zeen, Andrick) |
| Filing 10 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge Sunshine Suzanne Sykes and Magistrate Judge Sheri Pym. (car) |
| Filing 7 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Eastern Division. Case has been assigned to Judge Sunshine Suzanne Sykes for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Sheri Pym. New Case Number 5:22-cv-01402-SSS-SPx. (car) |
| Filing 6 CERTIFICATE OF SERVICE filed by defendant FMC Corporation, re Request for Judicial Notice #3 , Notice of Removal (Attorney Civil Case Opening),,,, #1 , Civil Cover Sheet (CV-71) #4 , Certificate/Notice of Interested Parties #2 served on August 8, 2022. (Goldman, Jeffrey) |
| CONFORMED COPY OF PROOF OF SERVICE of Summons and First Amended Complaint Executed by Plaintiff Mad Atom, LLC, upon Defendant FMC Corporation. Served on 7/26/2022, answer due 8/16/2022. Service of the Summons and Complaint were executed upon CT Corporation System c/o Diana Ruiz Registered Agent for Service of Process in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. Filed in State Court on 7/28/022 Submitted with Attachment 15 to Notice of Removal #1 (car) Modified on 8/9/2022 (car). |
| CONFORMED COPY OF AMENDED COMPLAINT against Defendants Does 1-10, inclusive, FMC Corporation, FMC Foundation as to Notice of Removal (Attorney Civil Case Opening), #1 , filed by Plaintiff Mad Atom, LLC. Filed in State Court on 1/18/2022 Submitted with Attachment 7 to Notice of Removal #1 (car) |
| Filing 5 Notice filed by Defendant FMC Corporation. Certificate of Compliance (Attachments: #1 Exhibit Certificate of Compliance)(Goldman, Jeffrey) |
| Filing 4 CIVIL COVER SHEET filed by Defendant FMC Corporation. (Goldman, Jeffrey) |
| Filing 3 REQUEST FOR JUDICIAL NOTICE filed by Defendant FMC Corporation. (Attachments: #1 Exhibit Exhibit iso Request for Judicial Notice)(Goldman, Jeffrey) |
| Filing 2 Certification and Notice CERTIFICATE of Interested Parties filed by Defendants FMC Corporation, identifying FMC Corporation a/k/a Food Machinery Corporation. (Goldman, Jeffrey) |
| Filing 1 NOTICE OF REMOVAL from California, case number CVRI2105845 Receipt No: ACACDC-33765143 - Fee: $402, filed by Mad Atom, LLC FMC Corporation. (Attachments: #1 Exhibit State Court Docket, #2 Exhibit Certificate of Counsel, #3 Exhibit Civil Case Cover Sheet, #4 Exhibit Summons on Complaint, #5 Exhibit Notice Of Case Management Conference, #6 Exhibit Notice of Department Assigment, #7 Exhibit First Amended Complaint, #8 Exhibit Case Management Statement, #9 Exhibit Amended Case Management Conference Hearing, #10 Exhibit Certificate of Mailing, #11 Exhibit Minute Order re Proof of Service, #12 Exhibit Minute Order re OSC, #13 Exhibit Notice of Returned Document, #14 Exhibit Notice of OSC Hearing, #15 Exhibit Proof of Service Summons, #16 Exhibit Decl. Mohammad A. Fakhreddine in Opposition to Sanction and/or Dismissal, #17 Exhibit Notice of Return Document, #18 Declaration Declaration iso Notice of Removal, #19 Exhibit Exhibit iso Declaration iso Notice of Removal) (Attorney Jeffrey M Goldman added to party FMC Corporation(pty:dft))(Goldman, Jeffrey) |
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