In the Matter of the Complaint of Christopher Erwin
| Christopher Erwin |
| the Complaint of Christopher Erwin and Ruben Calles |
| In the Matter of the Complaint of Christopher Erwin |
| Alb Boats, Inc., dba Albemarle Boats and DOES 1-10, inclusive |
| 8:2016cv00640 |
| April 6, 2016 |
| U.S. District Court for the Central District of California |
| David O Carter |
| Karen E Scott |
| Marine |
| 28 U.S.C. § 1333 |
| Defendant |
Docket Report
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This docket was last retrieved on March 13, 2019. A more recent docket listing may be available from PACER.
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Filing 49
ORDER by Judge David O. Carter, Granting Stipulation and Request to Dismiss Case with Prejudice #46 . (twdb)
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| Filing 48 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Stipulation to Dismiss Case #46 by Judge David O. Carter. Please review the Notice of Deficiencies #47 and submit and or lodge a proposed order by 1/7/19. (twdb) |
| Filing 47 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Dismiss Case #46 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (twdb) |
| Filing 46 STIPULATION to Dismiss Case pursuant to FRCP 41(a)(1)(A)(ii) filed by Plaintiff-in-Limitation Christopher Erwin, In the Matter of the Complaint of Christopher Erwin.(Schultz, Pamela) |
| Filing 45 RESPONSE filed by ThirdParty Plaintiff Christopher Erwin, Plaintiff Christopher Erwin, In Re In the Matter of the Complaint of Christopher Erwinto Minutes of In Chambers Order/Directive - no proceeding held,, #40 (Baldwin, Kevin) |
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Filing 44
ORDER by Judge David O. Carter: Granting Christopher Erwin and Ruben Calles's Stipulation Re: 1. Lifting of Stay of State Court Action; 2. District Court's Jurisdiction to Determine Limitation of Liability Issues; and 3. Stay of Limitation of Liability Action #42 . (Made JS-6. Case Terminated.) (mt)
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| Filing 43 SCHEDULING NOTICE by Judge David O. Carter: The Scheduling Conference previously scheduled for 1/25/2017 @ 8:00 AM has been CANCELLED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
| Filing 42 Joint STIPULATION to Lift Stay for State Court determination of liability issues filed by Plaintiff in Limitation and Third-Party Plaintiff Christopher Erwin, In the Matter of the Complaint of Christopher Erwin.(Schultz, Pamela) |
| Filing 41 SCHEDULING NOTICE by Judge David O. Carter: The Scheduling Conference previously scheduled for 1/25/2017 @ 8:30 AM has been rescheduled. Scheduling Conference set for 1/25/2017 @ 8:00 AM **TIME CHANGE ONLY** before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
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Filing 40
MINUTE ORDER (IN CHAMBERS) by Judge David O. Carter: Order to Show Cause Re: Lack of Prosecution. The Court hereby ORDERS plaintiff to show cause in writing no later than, February 1, 2017 why this action should not be dismissed for lack of prosecution. Absent a showing of good cause, an action shall be dismissed if the summons and complaint have not been served upon all defendants within 90 days after the filing of the complaint. Fed. R. Civ. P 4(m). The Court may dismiss the entire action prior to the expiration of such time, however, if plaintiff has not diligently prosecuted the action. (mba)
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| Filing 39 SCHEDULING NOTICE by Judge David O. Carter: The Scheduling Conference previously scheduled for 1/23/2017 @ 8:30 AM has been rescheduled. Scheduling Conference set for 1/25/2017 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
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Filing 38
ORDER by Judge David O. Carter Granting Motion to Withdraw Document Filed in Error #37 . On January 9, 2017, counsel for Plaintiff in Limitation and Third-Party Plaintiff CHRISTOPHER ERWIN erroneously filed a document entitled "Christopher Erwin and Ruben Calles's Stipulation re: 1. Lifting of Stay of State Court Action; 2. District Court's Jurisdiction to Determine Limitation of Liability Issues; and 3. Stay of Limitation of Liability Action" as Docket Entry No. #35 in this action. Pursuant to request of the parties, Docket Entry No. #35 shall be withdrawn from the docket. (dro)
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| Filing 37 STIPULATION to Withdraw Motion #35 filed by Plaintiff in Limitation Christopher Erwin, In the Matter of the Complaint of Christopher Erwin. (Attachments: #1 Proposed Order)(Schultz, Pamela) |
| Filing 36 JOINT REPORT Rule 26(f) Discovery Plan (Amended) ; estimated length of trial 3-7 days, filed by ThirdParty Plaintiff Christopher Erwin, Plaintiff Christopher Erwin, In Re In the Matter of the Complaint of Christopher Erwin.. (Schultz, Pamela) |
| Filing 35 (WITHDRAWN PURSUANT TO ORDER DATED 1/10/17) STIPULATION to Lift Stay for determination of liability and causation filed by Plaintiff in limitation Christopher Erwin, In the Matter of the Complaint of Christopher Erwin. (Attachments: #1 Proposed Order)(Schultz, Pamela) Modified on 1/10/2017 (dro). |
| Filing 34 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Alb Boats, Inc. dba Albermarle Boats (mba) |
| Filing 33 DECLARATION of Kevin Baldwin re REQUEST for Clerk to Enter Default against third-party defendant Alb Boats, Inc., dba Albemarle Boats #32 filed by ThirdParty Plaintiff Christopher Erwin, Plaintiff Christopher Erwin, In Re In the Matter of the Complaint of Christopher Erwin. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Baldwin, Kevin) |
| Filing 32 REQUEST for Clerk to Enter Default against third-party defendant Alb Boats, Inc., dba Albemarle Boats filed by plaintiff in limitation Christopher Erwin, In the Matter of the Complaint of Christopher Erwin. (Attachments: #1 Certificate of Service) (Baldwin, Kevin) |
| Filing 31 Text Only Order STRIKING 30 Text Only Scheduling Order. Scheduling Conference remains scheduled for 1/23/2017. AMENDED Rule 26(f) Report due by 1/9/2017. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
| Filing 30 SCHEDULING NOTICE by Judge David O. Carter: The Scheduling Conference previously scheduled for 12/19/2016 @ 8:30 AM has been rescheduled. Scheduling Conference set for 2/13/2017 @ 8:30 AM before Judge David O. Carter. REVISED Rule 26(f) Report with proposed dates due by 1/30/2017. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
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Filing 29
ORDER by Judge David O. Carter on Joint Stipulation to Continue Scheduling Conference #28 . The Parties request to continue the Scheduling Conference currently scheduled for Monday, December 19, 2016, at 8:30 a.m. [Doc 16] is continued to Monday, January 23, 2017, at 8:30 a.m. IT IS SO ORDERD. (see document for details). (dro)
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| Filing 28 Joint STIPULATION to Continue Scheduling Conference from December 19, 2016 to January 23, 2017, or as soon thereafter as the Court may Order Re: Initial Order Setting R26 Scheduling Conference - form only #16 filed by Claimant Ruben Calles. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Banning, William) |
| Filing 27 JOINT REPORT Rule 26(f) Discovery Plan of Calles and Erwin ; estimated length of trial 5-7 days, filed by ThirdParty Plaintiff Christopher Erwin, Plaintiff Christopher Erwin, In Re In the Matter of the Complaint of Christopher Erwin.. (Attachments: #1 Proof of Service)(Baldwin, Kevin) |
| Filing 26 PROOF OF SERVICE Executed by Third-Party Plaintiff Christopher Erwin, upon Third-Party Defendant Alb Boats, Inc., dba Albemarle Boats served on 11/22/2016, answer due 12/13/2016. Service of the Summons and Complaint were executed upon W. Burch Perry Jr., General Manager in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Attachments: #1 Exhibit A)(Baldwin, Kevin) |
| Filing 25 DEFAULT BY CLERK F.R.Civ.P.55(a) as to All Non-Appearing Claimants (default shall not be entered against Ruben Calles). (lwag) |
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Filing 24
MINUTES (IN CHAMBERS) ORDER by Judge David O. Carter granting #17 REQUEST for Clerk to Enter Default. The Court GRANTS Erwins Request for Entry of Default Against All Potential Claimants Who Have Not Appeared. The Court DIRECTS the clerk of the Court to enter default against "all nonappearing claimants." The Clerk's entry of default shall also specifically state that "default shall not be entered against Ruben Calles," as he appeared in this action on October 17, 2016. (see document for details). (dro)
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| Filing 23 21 DAY Summons Issued re Third Party Complaint #18 as to Third Party Defendant Alb Boats, Inc., dba Albemarle Boats. (lwag) |
| Filing 22 ANSWER to Complaint (Attorney Civil Case Opening) #1 Reply and Answer to Claimant Ruben Calles's Answer and Claims filed by plaintiff in limitation Christopher Erwin, In the Matter of the Complaint of Christopher Erwin. (Attachments: #1 Certificate of Service)(Attorney Kevin M Baldwin added to party In the Matter of the Complaint of Christopher Erwin(pty:inre))(Baldwin, Kevin) |
| Filing 21 DECLARATION of PAMELA L. SCHULTZ in support of REQUEST for Clerk to Enter Default against All Potential Claimants who have not appeared In the Matter of the Complaint of Christopher Erwin #17 filed by ThirdParty Plaintiff Christopher Erwin, Plaintiff Christopher Erwin, In Re In the Matter of the Complaint of Christopher Erwin. (Attachments: #1 Certificate of Service)(Attorney Pamela L Schultz added to party In the Matter of the Complaint of Christopher Erwin(pty:inre))(Schultz, Pamela) |
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Filing 20
MINUTE (IN CHAMBERS) Order Re Request for the Entry of Default #17 by Judge David O. Carter: Plaintiff in Limitation Christopher Erwin has submitted a Request for the Entry of Default Against all Potential Claimants Who Have Not Appeared (Request) (Dkt. 17). The Request references the concurrently filed Declaration of Pamela L. Schultz. Id. at 2. The referenced Declaration has not been filed. Plaintiff in Limitation is ORDERED to file the Declaration of Pamela L. Schultz referenced in his Request on or before November 9, 2016. (lwag)
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| Filing 19 Request for Clerk to Issue Summons on Third Party Complaint #18 filed by Third-Party Plaintiff Christopher Erwin. (Baldwin, Kevin) |
| Filing 18 THIRD PARTY COMPLAINT against Third-Party Defendant Alb Boats, Inc., dba Albemarle Boats, filed by Third-Party Plaintiff Christopher Erwin.(Schultz, Pamela) |
| Filing 17 REQUEST for Clerk to Enter Default against All Potential Claimants who have not appeared In the Matter of the Complaint of Christopher Erwin filed by Plaintiff Christopher Erwin. (Attachments: #1 Proposed Order) (Baldwin, Kevin) |
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Filing 16
ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 12/19/2016 at 08:30 AM before Judge David O. Carter. (dgo)
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| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #14 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (lwag) |
| Filing 14 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Claimant Ruben Calles. (Attachments: #1 Proof of Serivce)(Attorney William L Banning added to party Ruben Calles(pty:dft))(Banning, William) |
| Filing 13 CERTIFICATE OF SERVICE filed by Plaintiff Christopher Erwin, In the Matter of the Complaint of Christopher Erwin, re Notice (Other) #12 , Order on Motion for Order, #11 of Notice of Complaint for Exoneration from or Limitation of Liability served on 8/23/16. (Baldwin, Kevin) |
| Filing 12 NOTICE of Publication of Notice of Complaint for Exoneration from or Limitation of Liability filed by Plaintiff Christopher Erwin, In the Matter of the Complaint of Christopher Erwin. (Baldwin, Kevin) |
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Filing 11
ORDER of Injunction and Monition #9 by Judge David O. Carter: IT IS HEREBY ORDERED: That pursuant to Rule F(3) of the Supplemental Admiralty Rules, all claims, suits and proceedings against Plaintiff in Limitation or his property with respect to the matter in question, to wit, the M/V El DIABLO, shall cease. See document for further information. (lwag)
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| Filing 10 DECLARATION of Pamela L. Schultz in Support of Application for Entry of Order of Injunction and Monition; Pledge of Security in Lieu of Bond and Statement of Value filed by Plaintiff Christopher Erwin. (Attachments: #1 Exhibit A)(Baldwin, Kevin) |
| Filing 9 APPLICATION for Order for of Injunction and Monition filed by plaintiff Christopher Erwin. (Baldwin, Kevin) |
| Filing 8 Proof of Service of Complaint and WAIVER OF SERVICE Returned Executed filed by plaintiff in limitation Christopher Erwin, In the Matter of the Complaint of Christopher Erwin. upon Ruben Calles waiver sent by Plaintiff on 6/24/2016, answer due 8/23/2016. Waiver of Service signed by William Banning. (Attachments: #1 Declaration of Kevin Baldwin re POS Complaint, #2 Exhibit A, POS Complaint, #3 Declaration B, Waiver of Service Summons)(Schultz, Pamela) |
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Filing 7
MINUTE ORDER (IN CHAMBERS) by Judge David O. Carter: re Order to Show Cause why this Case Should not be Dismissed for Lack of Prosecution. The file in this case lacks the papers that would show it is being timely prosecuted, asreflected below. Accordingly, the Court, on its own motion, hereby orders plaintiff (s) to show cause in writing no later than July 19, 2016 why this action should not be dismissed as to all remaining defendants for lack of prosecution.(see document for further details) (mba)
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Filing 6
INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER upon filing of the complaint by Judge David O. Carter. (dgo)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Karen E. Scott. (et) |
| Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff in Limitation Christopher Erwin, identifying Certain Underwriters subscribing to Risk No. 13H1419C2117, issued through Ropner Insurance Services, Ltd.. (Schultz, Pamela) |
| Filing 2 CIVIL COVER SHEET filed by Movant Christopher Erwin. (Schultz, Pamela) |
| Filing 1 COMPLAINT Receipt No: 0973-17602725 - Fee: $400, filed by Plaintiff in Limitation Christopher Erwin. (Attorney Pamela L Schultz added to party Christopher Erwin(pty:mov))(Schultz, Pamela) |
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