Eric Alcorn v. Tien Chin Yu Machinery Co., Ltd et al
| Eric Alcorn |
| Tien Chin Yu Trading Yu Co. Ltd, Tien Chin Yu Machinery Co., Ltd, Tim Chin Yu Trading Co., Ltd., Tein Chin Yu Machinery Co. Ltd, Tien Chin Yu Machinery MFG. Co., Ltd., Xiao Zhengnan, Ming Hong Hsiao and Hao-Wen Hsiao |
| 5:2023cv00503 |
| March 22, 2023 |
| US District Court for the Central District of California |
| Kenly Kiya Kato |
| Otis D Wright |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
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Filing 37
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: re: On May 9, 2023, Plaintiff filed a Brief containing the following language: "Respectfully,Alcorn requests that the Court order the dismissal of his action without prejudice." (Br. 2, ECF No. #36 .) The Brief is signed by counsel of record for Plaintiff. Based on the quoted language, the Brief functions as a "notice of dismissal" that Plaintiff has filed "before the opposing party [has] serve[d] either an answer or a motion for summary judgment." Fed. R. Civ. P. 41(a)(1)(A)(i). Accordingly, dismissal of the action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) is appropriate. Pursuant to FRCP 41(a)(1)(A)(i), this matter is DISMISSED. All dates and deadlines are VACATED. The Clerk of the Court shall close the case. (Made JS-6. Case Terminated.) (lc)
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| Filing 36 RESPONSE filed by Plaintiff Eric Alcornto Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, #34 (Findling, David) |
| Filing 35 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Complaint (Attorney Civil Case Opening) #33 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Amended Complaint. due to incorrect event case docket has 2 "complaints". 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) |
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Filing 34
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff is ORDERED to SHOW CAUSE, in writing only, to be received by the Court no later than May 9, 2023, why this action should not be dismissed for lack of subject matter jurisdiction. Plaintiff's brief shall not exceed eight (8) pages. Plaintiff should understand this Order to be a dual-pronged inquiry into both the facial sufficiency of Plaintiff's jurisdictional allegations as well as the factual sufficiency of Plaintiff's demonstration of diversity jurisdiction, which the Court now calls on Plaintiff to make. Plaintiff is accordingly encouraged to submit declarations or other evidence in support of his jurisdictional contentions. Plaintiffs failure to timely respond to this order shall result, without further warning, in dismissal without prejudice. (lc)
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| Filing 33 COMPLAINT with filing fee previously paid ($402.00 paid on 03/22/2023, receipt number ACACDC-35004746), filed by Plaintiff Eric Alcorn.(Findling, David) |
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Filing 32
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER DISMISSING COMPLAINT (Insufficient Allegations of Amount in Controversy) and GRANTING Leave to Amend (SEE DOCUMENT FOR SPECIFICS). Plaintiff shall file a First Amended Complaint by no later than April 17, 2023. Failure to file a timely amended complaint that includes adequate jurisdictional allegations in light of the discussion above will be deemed a concession by Plaintiff that diversity jurisdiction is lacking, and will result in dismissal without prejudice. (lc)
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| Filing 31 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant TIEN CHIN YU TRADING YU CO. LTD., aka TIM CHIN YU TRADING CO., LTD.,a Taiwanese Corporation (lc) |
| Filing 30 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant Xiao Zhengnan, a Citizen of Taiwan(lc) |
| Filing 29 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant Ming Hong Hsiao, a Citizen of Taiwan. (lc) Modified on 4/3/2023 (lc). |
| Filing 28 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant TIEN CHIN YU MACHINERY MFG. CO., LTD., a Taiwanese Corporation (lc) |
| Filing 27 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant TIEN CHIN YU MACHINERY CO., LTD, aka TEIN CHIN YU MACHINERY CO. LTD,a Samoan Corporation (lc) |
| Filing 26 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant Hao-Wen Hsiao, a Citizen of Taiwan. (lc) Modified on 4/3/2023 (lc). |
| Filing 25 Request for Clerk to Issue Summons on Summons Request #9 , Notice of Deficiency in Request to Issue Summons,, #15 , Complaint (Attorney Civil Case Opening) #1 filed by Attorney for Plaintiff Eric Alcorn. (Findling, David) |
| Filing 24 Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,, #15 , Summons Request #10 , Complaint (Attorney Civil Case Opening) #1 filed by Attorney for Plaintiff Eric Alcorn. (Findling, David) |
| Filing 23 Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,, #15 , Summons Request #6 , Complaint (Attorney Civil Case Opening) #1 filed by Attorney for Plaintiff Eric Alcorn. (Findling, David) |
| Filing 22 Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,, #15 , Summons Request #8 , Complaint (Attorney Civil Case Opening) #1 filed by Attorney for Plaintiff Eric Alcorn. (Findling, David) |
| Filing 21 Request for Clerk to Issue Summons on Summons Request #7 , Notice of Deficiency in Request to Issue Summons,, #15 , Complaint (Attorney Civil Case Opening) #1 filed by Attorney for Plaintiff Eric Alcorn. (Findling, David) |
| Filing 20 Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,, #15 , Complaint (Attorney Civil Case Opening) #1 , Summons Request #5 filed by Attorney for Plaintiff, Admitted Pro Hac Vice Eric Alcorn. (Findling, David) |
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Filing 19
ORDER GRANTING APPLICATION of Non-Resident Attorney David Findling to Appear Pro Hac Vice on behalf of Plaintiff Eric Alcorin and designating Anerio Altman as local counsel #4 by Judge Otis D. Wright, II. (lc)
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| Filing 18 Amendment to APPLICATION of Non-Resident Attorney David Findling to Appear Pro Hac Vice on behalf of Plaintiff Eric Alcorin (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35004887) #4 filed by Plaintiff Eric Alcorn. (Altman, Anerio) |
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Filing 17
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. EFFECTIVE IMMEDIATELY- No mandatory chambers copies required, EXCEPT FOR EXCEPT FOR motions for summary judgment and any other evidence-heavy motions.. The Courts Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the US District Court for the Central District of California to submit documents electronically to the Clerk's Office The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to Court's Website and Judge's procedures for information as applicable. (lc)
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| Filing 16 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney David Findling to Appear Pro Hac Vice on behalf of Plaintiff Eric Alcorin (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35004887) #4 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. Other error(s) with document(s): Applicant failed to list state bars where they are admitted. Only listed district court. See Instructions for Applicants (1)(G-64). Local Counsel failed to fill out or sign Section III of application. (lt) |
| Filing 15 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #7 , Summons Request #9 , Summons Request #6 , Summons Request #10 , Summons Request #8 , Summons Request #5 . The following error(s) was found: The caption of the summons must match the caption of the complaint 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 date and signature line must be left blank. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) |
| Filing 14 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 13 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 12 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Kenly Kiya Kato. (ghap) |
| Filing 11 AMENDED CIVIL COVER SHEET filed by Plaintiff Eric Alcorn. (Altman, Anerio) |
| Filing 10 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Eric Alcorin. (Altman, Anerio) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Eric Alcorin. (Altman, Anerio) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Eric Alcorin. (Altman, Anerio) |
| Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Eric Alcorin. (Altman, Anerio) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Eric Alcorin. (Altman, Anerio) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Eric Alcorin. (Altman, Anerio) |
| Filing 4 APPLICATION of Non-Resident Attorney David Findling to Appear Pro Hac Vice on behalf of Plaintiff Eric Alcorin (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35004887) filed by Plaintiff Eric Alcorin. (Attachments: #1 Proposed Order Order on Pro Hac Admission) (Altman, Anerio) |
| Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Eric Alcorin, identifying None. (Altman, Anerio) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Eric Alcorin. (Altman, Anerio) |
| Filing 1 COMPLAINT Receipt No: ACACDC-35004746 - Fee: $402, filed by Plaintiff Eric Alcorin. (Attorney Anerio V Altman added to party Eric Alcorin(pty:pla))(Altman, Anerio) |
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