Aussie Pet Mobile Inc v. Daniel L Benton et al
| Aussie Pet Mobile Inc |
| Daniel L Benton, Tammy Benton, Excelsior Enterprises LLC and Does 1 through 20, inclusive |
| 8:2009cv01407 |
| December 2, 2009 |
| US District Court for the Central District of California |
| Robert N Block |
| Andrew J Guilford |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on January 21, 2011. A more recent docket listing may be available from PACER.
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| Filing 53 NOTICE of Voluntary Dismissal filed by plaintiff Aussie Pet Mobile Inc. Dismissal is with prejudice. (Adams, Kevin) |
| Filing 52 MINUTES OF Motion Hearing held before Judge Andrew J. Guilford: re Defendants Daniel L Benton, Tammy Benton and Excelsior Enterprises LLC's Motion to Dismiss Case. The Court DENIES the Motion to Dismiss, in accordance with the tentative ruling. Court Reporter: Denise Paddock. (mt) |
Filing 51
MINUTES (IN CHAMBERS): ORDER by Judge Andrew J. Guilford: denying #48 Motion to Dismiss Case. Defendants Motion to Dismiss is DENIED. Defendants shall file any Answer within 20 days after the date of this Order. (ade)
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| Filing 50 REPLY in support of motion Third MOTION to Dismiss Case #48 filed by Defendants Daniel L Benton, Tammy Benton, Excelsior Enterprises LLC. (Lee, Michael) |
| Filing 49 MEMORANDUM in Opposition to Third MOTION to Dismiss Case #48 filed by Plaintiff Aussie Pet Mobile Inc. (Hamilton, Sherry) |
| Filing 48 NOTICE OF MOTION AND Third MOTION to Dismiss Case filed by Defendants Daniel L Benton, Tammy Benton, Excelsior Enterprises LLC. Motion set for hearing on 12/6/2010 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Memorandum of points and authorities in support of Defendants' motion to dismiss Plaintiff's second amended complaint pursuant to FRCP Rule 12(b)(6), #2 Declaration declaration of Sunjina K. Ahuja in support of Defendants' motion to dismiss Plaintiff's second amended complaint pursuant to FRCP Rule 12(b)(6))(Lee, Michael) |
| Filing 47 First STIPULATION for Extension of Time to File Response to Second Amended Complaint filed by Defendants Daniel L Benton, Tammy Benton, Excelsior Enterprises LLC. (Attachments: #1 Proposed Order to Extend Time to Respond to Second Amended Complaint)(Lee, Michael) |
| Filing 46 SECOND AMENDED COMPLAINT against Defendants Daniel L Benton, Tammy Benton, and Excelsior Enterprises LLC amending First Amended Complaint #32 ,filed by Plaintiff Aussie Pet Mobile Inc. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8)(nbo) |
| Filing 45 NOTICE of Manual Filing filed by Plaintiff Aussie Pet Mobile Inc of Second Amended Complaint. (Hamilton, Sherry) |
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Filing 44
ORDER by Judge Andrew J. Guilford Granting Defendants' Motion to Dismiss. The Motion to dismiss the third claim is GRANTED with leave to amend. Plaintiff may file an amended complaint by October 8, 2010. (See Order for details) (db)
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Filing 43
ORDER by Judge Andrew J. Guilford re: Scheduling Order Specifying Procedures. (See document for details.) (jba)
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| Filing 42 MINUTES OF Scheduling Conference and Defendant's Motion to Dismiss Case Pursuant to FRCP Rule 12(B)(6) #36 held before Judge Andrew J. Guilford. Motion is argued. Motion to dismiss is GRANTED with leave to amend. A separate order granting motion shall issue this date. The Court sets the following dates: Discovery Cutoff is July 5, 2011; A Final Pretrial Conference is set for September 19, 2011, at 8:30 a.m.; A Jury Trial is set for October 4, 2011 at 9:00 a.m. Court sets the length of the trial at 5 days. Scheduling Order Specifying Procedures is signed and filed this date. Court Reporter: Denise Paddock. (jba) |
| Filing 41 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff Aussie Pet Mobile Inc.. (Adams, Kevin) |
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Filing 40
ORDER RE: Continuing the Scheduling Conference from 9/13/10 at 9:00 a.m. to 9/20/10 at 10:00 a.m., by Judge Andrew J. Guilford. The hearings originally scheduled have been rescheduled: re Stipulation to Continue #39 .( Scheduling Conference set for 9/20/2010 10:00 AM before Judge Andrew J. Guilford.) (twdb)
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| Filing 39 Joint STIPULATION to Continue Scheduling Conference from September 13, 2010 at 9:00 am to September 20, 2010 at 10:00 am filed by Plaintiff Aussie Pet Mobile Inc. (Attachments: #1 Proposed Order)(Adams, Kevin) |
| Filing 38 REPLY in support of Second MOTION to Dismiss Case Pursuant to FRCP Rule 12(b)(6)Second MOTION to Dismiss Case Pursuant to FRCP Rule 12(b)(6) #36 filed by Defendants Daniel L Benton, Tammy Benton, Excelsior Enterprises LLC. (Attachments: #1 Declaration of Sunjina K. Ahuja in Support of Defendants' Motion to Dismiss Pursuant to FRCP Rule 12(b)(6), #2 Declaration Objection to the Declaration of Ricardo Arevalo)(Lee, Michael) |
| Filing 37 opposition re: Second MOTION to Dismiss Case Pursuant to FRCP Rule 12(b)(6)Second MOTION to Dismiss Case Pursuant to FRCP Rule 12(b)(6) #36 filed by Plaintiff Aussie Pet Mobile Inc. (Attachments: #1 Declaration of James M. Mulcahy, #2 Declaration of Ricardo Arevalo)(Adams, Kevin) |
| Filing 36 NOTICE OF MOTION AND Second MOTION to Dismiss Case Pursuant to FRCP Rule 12(b)(6) filed by Defendants Daniel L Benton, Tammy Benton, Excelsior Enterprises LLC. Motion set for hearing on 9/20/2010 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Memorandum of points and authorities in support of motion to dismiss pursuant to FRCP Rule 12(b)(6), #2 Declaration of Michael Jason Lee in support of motion to dismiss pursuant to FRCP Rule 12(b)(6))(Lee, Michael) |
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Filing 35
ORDER re Stipulation to Extend Time to Respond to First Amended Complaint by Judge Andrew J. Guilford. GOOD CAUSE SHOWING: 1. The requested extenstion of time to respond to the first amended complaint is hereby granted. 2. The time for Defendants DANIEL BENTON, TAMMY BENTON and EXCELSIOR ENTERPRISES, LLC to the initial complaint is hereby extended to August 13, 2010.
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| Filing 34 First STIPULATION for Extension of Time to File Response to First Amended Complaint filed by Defendants Daniel L Benton, Tammy Benton, Excelsior Enterprises LLC. (Attachments: #1 Proposed Order RE: Stipulation to Extend Time to Respond to First Amended Complaint)(Lee, Michael) |
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Filing 33
NOTICE OF DISCREPANCY AND ORDER: by Judge Andrew J. Guilford, ORDERING First Amended Complaint for... submitted by Plaintiff Aussie Pet Mobile Inc received on 07/19/2010 is not to be filed but instead rejected. Denial based on: Document not manually signed. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4) (db)
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Filing 31
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Andrew J. Guilford ORDERING First Amended Complaint for... submitted by Plaintiff Aussie Pet Mobile Inc received on 07/20/2010 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (db)
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| Filing 32 FIRST AMENDED COMPLAINT against defendants Daniel L Benton, Tammy Benton, Does, Excelsior Enterprises LLC amending Complaint #1 ,filed by Plaintiff Aussie Pet Mobile Inc (Attachments: #1 Part 2, #2 Part 3, #3 Part 4)(db) |
| Filing 30 NOTICE of Manual Filing filed by Plaintiff Aussie Pet Mobile Inc of First Amended Complaint. (Hamilton, Sherry) |
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Filing 29
ORDER by Judge Andrew J. Guilford re Early Meeting of Parties and Scheduling Conference. Scheduling Conference set for 9/13/2010 09:00 AM before Judge Andrew J. Guilford. (db)
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Filing 28
ORDER by Judge Andrew J. Guilford Granting in Part and Denying in Part Defendants' Motion to Dismiss #22 . Defendants Motion is DENIED as to personal jurisdiction. The Motion is GRANTED with leave to amend as to Plaintiffs third claim for relief. Plaintiff may file an amended complaint by July 19, 2010. (db)
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| Filing 27 MINUTES OF MOTION TO DISMISS PURSUANT TO FRCPRULE 12(b)(2) AND (6) Hearing held before Judge Andrew J. Guilford: The clerk notifies the Court that counsel submit on the tentative ruling granting in part and denying in part the motion to dismiss. The Court orders that the tentative ruling shall become the order of the Court with 20 days leave to amend. Court Reporter: Denise Paddock. (ade) |
| Filing 26 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Guilford Continuing Hearing. On the Courts own motion, and for reasons of calendar management, the hearing currently scheduled for June 14, 2010 at 10:00 a.m. is CONTINUED to June 28, 2010 at 10:00 a.m. (db) |
| Filing 25 REPLY in support MOTION to Dismiss Case #22 filed by Defendants Daniel L Benton, Tammy Benton, Excelsior Enterprises LLC. (Attachments: #1 Declaration of Tamara Benton)(Lee, Michael) |
| Filing 24 Response in opposition to re: MOTION to Dismiss Case #22 Opposition to Motion to Dismiss filed by Plaintiff Aussie Pet Mobile Inc. (Attachments: #1 Declaration of Ricardo Arevalo in Support of Opposition to Motion to Dismiss, #2 Exhibit 1 to Declaration of Ricardo Arevalo, #3 Exhibit 2 to Declaration of Ricardo Arevalo)(Adams, Kevin) |
| Filing 23 NOTICE of ERRATA filed by Defendants Daniel L Benton, Tammy Benton, Does, Excelsior Enterprises LLC. (Lee, Michael) |
| Filing 22 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Daniel L Benton, Tammy Benton, Does, Excelsior Enterprises LLC. Motion set for hearing on 6/14/2010 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Memorandum of points and authorities in support of motion to dismiss pursuant to FRCP Rule 12(b)(2) and (6), #2 Declaration of Tamara Benton in support of motion to dismiss pursuant to FRCP Rule 12(b)(2) and (6), #3 Declaration of Michael Jason Lee in support of motion to dismiss pursuant to FRCP Rule 12(b)(2) and (6))(Lee, Michael) |
| Filing 21 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Daniel L Benton, Tammy Benton, Does, Excelsior Enterprises LLC. Motion set for hearing on 6/14/2010 at 10:00 AM before Judge Andrew J. Guilford. (Lee, Michael) |
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Filing 20
[IN CHAMBERS] ORDER TO SHOW CAUSE by Judge Andrew J. Guilford: RE DISMISSAL FOR LACK OF PROSECUTION. The Court ORDERS Plaintiff(s) to show cause in writing no later than May 14, 2010 why this action should not be dismissed for lack of prosecution. Alternatively, it will be a sufficient response to this OSC to file on or before the OSC date in this paragraph one of the following: A proof of service of the summons and complaint on defendant(s); Papers seeking entry of default or a default judgment; Answers or other filings by the defendant(s). Absent a showing of good cause, an action shall be dismissed if the summons and complaint have not been served upon all defendants within 120 days after the filing of the complaint. Fed. R. Civ. P. 4(m). And, if the action has not been diligently prosecuted, the Court may dismiss the action before the expiration of such time. (rla)
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Filing 19
ORDER re Stipulation to Extend Time to Respond to Initial Complaint Judge Andrew J. Guilford. The time for Defendants DANIEL BENTON, TAMMY BENTON and EXCELSIOR ENTERPRISES, LLC to respond to Plaintiffs initial complaint is hereby extended to February 22, 2010. No further continuances will be granted without a further showing of good cause. (db)
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| Filing 18 Third STIPULATION for Extension of Time to File Answer to February 22, 2010 filed by Plaintiff Aussie Pet Mobile Inc. (Attachments: #1 Proposed Order Proposed Order re Third Stipulation to Extend Time to Respond)(Adams, Kevin) |
| Filing 16 FIRST STIPULATION Extending Time to Answer the complaint as to Daniel L Benton answer now due 2/8/2010; Tammy Benton answer now due 2/8/2010; Excelsior Enterprises LLC answer now due 2/8/2010, filed by Defendant Daniel L Benton; Tammy Benton; Excelsior Enterprises LLC; Does.(Lee, Michael) |
| Filing 17 MINUTES OF Show Cause Hearing re: Preliminary Injunction held before Judge Andrew J. Guilford. Cause is called for hearing and counsel make their appearances. Matter is argued. Order to Show Cause re: Preliminary Injunction is DENIED. A separate order denying preliminary injunction is signed and filed this date.Court Reporter: Denise Paddock. (db) |
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Filing 15
ORDER DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION by Judge Andrew J. Guilford: This case involves a contract dispute between Plaintiff Aussie Pet Mobile, Inc. ("Plaintiff") and Defendants Daniel L. Benton, Tammy Benton, and Excelsior Enterprises, Inc. (collectively "Defendants"). Plaintiff filed a Motion for Preliminary Injunction ("Motion") #8 . After considering the papers and arguments submitted by Plaintiff, the Motion is DENIED. (See Order for details). (wr)
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| Filing 14 FIRST STIPULATION Extending Time to Answer the complaint as to Daniel L Benton answer now due 1/25/2010, filed by Defendant Daniel L Benton.(Lee, Michael) |
| Filing 13 PROOF OF SERVICE Executed filed by plaintiff Aussie Pet Mobile Inc, upon Daniel L Benton served on 12/12/2009, answer due 1/11/2010; Tammy Benton served on 12/12/2009, answer due 1/11/2010; Excelsior Enterprises LLC served on 12/12/2009, answer due 1/11/2010. Motion for Preliminary Injunction and Supporting Documents The Summons and Complaint were served by personal service, by FRCP 4 statute, upon Daniel and Tammy Benton, defendants. Due Dilligence declaration no. Original Summons no. (Mulcahy, James) |
| Filing 12 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Guilford: ORDER CONTINUING PRELIMINARY INJUNCTION. The Court orders that the hearing on the Motion for Preliminary Injunction is continued to January 11, 2010 at 10:00 a.m. Motion set for hearing on 1/11/2010 at 10:00 AM before Judge Andrew J. Guilford. (ade) |
| Filing 11 PDF DOCUMENTS ATTACHED TO DOCKET RE LOCAL RULE 3-2. The following PDF Documents were attached to the Court docket on 12/9/09: Declaration, declaration (2). (twdb) |
| Filing 10 NOTICE of New Hearing Date filed by plaintiff Aussie Pet Mobile Inc. (Mulcahy, James) |
| Filing 9 CLERKS E-MAIL RE LOCAL RULE 3-2 TO COUNSEL on 12/3/09 addressed to jmeyers@mulcahyllp.com. COURT REQUIRES YOUR IMMEDIATE RESPONSE. Pursuant to Local Rule 3-2, you are required to e-mail, within 24 hours of filing, a Filed stamped copy of your complaint and other civil case initiating documents, in PDF format to the Court. To date, we have not received the PDF images of your filing. Please do so within 24 hours or this matter will be referred to the Chief Judge for further proceedings. (twdb) |
| Filing 8 APPLICATION for Preliminary Injunction re out of state suit filed by plaintiff Aussie Pet Mobile Inc. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of James M. Mulcahy in Support of Plaintiff's Motion, #3 Declaration of Ian Moses in Support of Plaintiff's Motion, #4 Proposed Order)(Mulcahy, James) |
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Filing 7
MINUTES (IN CHAMBERS): ORDER by Judge Andrew J. Guilford: DENYING #3 PLAINTIFF'S APPLICATION FOR TEMPORARY RESTRAINING ORDER AND SETTING HEARING ON THE MOTION FOR PRELIMINARY INJUNCTION: Plaintiff's Application for TRO is DENIED. The Court will hear Plaintiff's Motion for a Preliminary Injunction on December 14, 2009 at 10 a.m. if Plaintiff still seeks to litigate this Motion. If Plaintiff wishes to proceed with the Motion for Preliminary Injunction, Plaintiff must notify the Court and all Defendants within five days of this order. (rla)
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| Filing 6 MEMORANDUM in Support of EX PARTE APPLICATION for Temporary Restraining Order as to preliminary injunction EX PARTE APPLICATION for Order to Show Cause #3 filed by Plaintiff Aussie Pet Mobile Inc. (twdb) (twdb). |
| Filing 5 DECLARATION of James M. Mulcahy in support of EX PARTE APPLICATION for Temporary Restraining Order as to preliminary injunction EX PARTE APPLICATION for Order to Show Cause #3 filed by Plaintiff Aussie Pet Mobile Inc. (twdb) (twdb). |
| Filing 4 DECLARATION of Ian Moses in support of EX PARTE APPLICATION for Temporary Restraining Order as to preliminary injunction EX PARTE APPLICATION for Order to Show Cause #3 filed by Plaintiff Aussie Pet Mobile Inc. (twdb) (twdb). |
| Filing 3 EX PARTE APPLICATION for Temporary Restraining Order as to preliminary injunction, EX PARTE APPLICATION for Order to Show Cause filed by plaintiff Aussie Pet Mobile Inc. Lodged order.(twdb) . (twdb). |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by plaintiff Aussie Pet Mobile Inc, (twdb) (twdb). |
| Filing 1 COMPLAINT against defendants Daniel L Benton, Tammy Benton, Excelsior Enterprises LLC, Does.(Filing fee $ 350 PAID), filed by plaintiff Aussie Pet Mobile Inc.(twdb) (twdb). |
| 20 DAY Summons Issued re Complaint - (Discovery) #1 as to defendants Daniel L Benton, Tammy Benton, Excelsior Enterprises LLC, Does. (twdb) |
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