Andersen Hotels, Inc. v. E.W. Merritt Farms et al
| Andersen Hotels, Inc. and Andersen Hotels, Inc. a California corporation doing business as Hotel Laguna |
| Earl Merritt, E.W. Merritt Farms, Kimbark Group LLC, Joe Hanauer, James Walkie Ray, Greg MacGillivray and Does 1 through 25, inclusive |
| 8:2017cv01785 |
| October 12, 2017 |
| US District Court for the Central District of California |
| John D Early |
| Josephine L Staton |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 48 NOTICE NOTICE OF ENTRY OF ORDER filed by Defendants E.W. Merritt Farms. (Attachments: #1 Exhibit ORDER RE STIPULATION ON REQUEST OF THE PARTIES TO ENTER DISMISSAL WITH PREJUDICE)(Mayhew, Kimberly) |
Filing 47
ORDER Re Stipulation on Request of the Parties to Enter Dismissal With Prejudice #46 by Judge Josephine L. Staton that this action in its entirety is dismissed with prejudice. (jp)
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| Filing 46 STIPULATION to Dismiss Case pursuant to Request to enter Dismissal with prejudice in place of without prejudice filed by Defendants E.W. Merritt Farms. (Attachments: #1 Proposed Order [PROPOSED] ORDER RE STIPULATION ON REQUEST OF THE PARTIES TO ENTER DISMISSAL WITH PREJUDICE)(Mayhew, Kimberly) |
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Filing 45
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Josephine L. Staton: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Stipulation to Dismiss #42 , for the following reasons: (1) Proposed Document was not submitted as separate attachment; (2) Failure to comply with Local Rule 5-4.4, Electronic Lodging of Proposed Orders and Local Rule 5-4.4.2., Submission of Word-Processing Versions of Proposed Orders. (jp)
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| Filing 44 Notice of Appearance or Withdrawal of Counsel: for attorney Michael A Erlinger counsel for Defendants E.W. Merritt Farms, Earl Merritt. Markus D. Self is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant EARL MERRITT and Defendant/Cross-Complainant E.W. MERRITT FARMS. (Erlinger, Michael) |
| Filing 43 Notice of Electronic Filing re Stipulation for Order #42 e-mailed to mself@hallgriffin.com bounced due to 550 5.1.1 RESOLVER.ADR.RecipNotFound; not found. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ew) TEXT ONLY ENTRY |
| Filing 42 STIPULATION for Order ON REQUEST OF THE PARTIES TO ENTER DISMISSAL WITH PREJUDICE filed by Defendant E.W. Merritt Farms.(Mayhew, Kimberly) |
| Filing 41 NOTICE of Voluntary Dismissal filed by Plaintiff Andersen Hotels, Inc.. Dismissal is Without Prejudice. (Usahacharoenporn, Proud) |
| Filing 40 TEXT ONLY ENTRY (IN CHAMBERS) ORDER VACATING SCHEDULING CONFERENCE: In light of the Courts December 13, 2017 Order, the Court VACATES the Scheduling Conference set for hearing on December 22, 2017. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tg) TEXT ONLY ENTRY |
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Filing 39
DENIED ORDER by Judge Josephine L. Staton: DENYING #35 Request for Lead Counsel to Appear Telephonically at Hearing on Kimbark Defendants' Motion to Dismiss (es)
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| Filing 38 NOTICE OF MOTION AND MOTION for Order for Expunge Lis Pendens and for Monetary Sanctions filed by Defendants E.W. Merritt Farms, Earl Merritt. Motion set for hearing on 2/2/2018 at 02:30 PM before Judge Josephine L. Staton. (Attachments: #1 Declaration of Earl Merritt, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Proof ofService, #8 Declaration of Kimberly L. Mayhew, #9 Proposed Order) (Mayhew, Kimberly) |
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Filing 37
MINUTES (IN CHAMBERS) ORDER (1) VACATING HEARING ON DEFENDANTS MOTION TO DISMISS; AND (2) GRANTING IN PART DEFENDANTS MOTION TO DISMISS COMPLAINT (Doc. 16) by Judge Josephine L. Staton: Before the Court is a Motion to Dismiss filed by Defendants Joe Hanauer, Greg MacGillivray, James Ray, and the Kimbark Group, LLC (collectively, the Kimbark Defendants). (Mot., Doc. 16.) Plaintiff Andersen Hotels, Inc., d/b/a Hotel Laguna, opposed (Opp., Doc. 24), and the Kimbark Defendants replied (Reply, Doc. 32). The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. Cal. R. 7-15. Accordingly, the hearing set for December 15, 2017, at 2:30 p.m., is VACATED. Having considered the briefs, the Court GRANTS IN PART the Motion. Plaintiffs eighth, ninth, and tenth causes of action under the Lanham Act are DISMISSED WITH LEAVE TO AMEND. The Court DECLINES to address Plaintiffs state-law claims until Plaintiff remedies the deficiencies in its federal-law claims. (see order for further details.) (es)
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| Filing 36 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 12 days, filed by Plaintiff Andersen Hotels, Inc... (Attachments: #1 Exhibit A - Joint Rule Report)(Usahacharoenporn, Proud) |
| Filing 35 APPLICATION for Order for Merritt Defendants' Lead Counsel to Appear Telephonically at Hearing on Kimbark Defendants' Motion to Dismiss filed by Defendants E.W. Merritt Farms, Earl Merritt. (Attachments: #1 Proposed Order) (Mayhew, Kimberly) |
| Filing 34 Certification and NOTICE of Interested Parties filed by Defendants E.W. Merritt Farms, Earl Merritt, identifying Naelda Merritt, Earl Merritt, Eric Merritt, Mark Merritt, Sarah Reid. (Mayhew, Kimberly) |
| Filing 33 NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by Defendants E.W. Merritt Farms, Earl Merritt. Motion set for hearing on 1/19/2018 at 02:30 PM before Judge Josephine L. Staton. (Attachments: #1 Proposed Order) (Mayhew, Kimberly) |
| Filing 32 REPLY ISO a Motion NOTICE OF MOTION AND MOTION to Dismiss Case #16 filed by Defendants Joe Hanauer, Kimbark Group LLC, Greg MacGillivray, James Walkie Ray. (Humphrey, Janet) |
| Filing 31 NOTICE Notice of Lis Pendens filed by Plaintiff Andersen Hotels, Inc.. (Usahacharoenporn, Proud) |
| Filing 30 NOTICE Notice and Acknowledgment of Receipt of Summons and Complaint filed by Anderson Hotels, Inc. dba Hotel Laguna Andersen Hotels, Inc.. (Usahacharoenporn, Proud) |
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Filing 29
MINUTE ORDER (IN CHAMBERS) by Judge Josephine L. Staton: DEEMING Plaintiff's Approval of Notice of Lis Pendens Withdrawn. On November 8, 2017, Plaintiff filed a Request for the Court's Approval of a Notice of Lis Pendens. (Notice, Doc. 15.) On November 13, 2017, Defendants filed Objections to Plaintiff's Request for Approval. (Objections, Doc. 17.) On November 15, 2017, Plaintiff filed a Response to Defendants Objections. (Response, Doc. 20.) In itsResponse, Plaintiff acknowledged that it did not need leave of Court to record the Lis Pendens. (Id. at 4.) Accordingly, the Court deems the instant Request for Approval WITHDRAWN. (mba)
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Filing 28
STIPULATED PROTECTIVE ORDER by Magistrate Judge John D. Early re Stipulation for Protective Order #25 . (see document for details). (dro)
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| Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Protective Order #25 . 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. (dro) |
| Filing 26 PROOF OF SERVICE filed by Defendants Joe Hanauer, Kimbark Group LLC, Greg MacGillivray, James Walkie Ray, re Stipulation for Protective Order #25 served on 11/21/17. (Humphrey, Janet) |
| Filing 25 STIPULATION for Protective Order filed by Defendants Joe Hanauer, Kimbark Group LLC, Greg MacGillivray, James Walkie Ray.(Humphrey, Janet) |
| Filing 24 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case #16 filed by Plaintiff Andersen Hotels, Inc.. (Usahacharoenporn, Proud) |
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Filing 23
ORDER to Extend Time for Merritt Defendants to Respond to Complaint #19 by Judge Josephine L. Staton: Pursuant to the Parties' November 15, 2017 Stipulation to Extend Time For Merritt Defendants to Respond to Complaint, the Merritt Defendants shall respond to Plaintiff's Complaint on or before December 4, 2017. (lwag)
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| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Janet E Humphrey counsel for Defendants Joe Hanauer, Kimbark Group LLC, Greg MacGillivray, James Walkie Ray. Filed by Defendants Joe Hanauer; Greg MacGillivray; James Walkie Ray; and Kimbark Group, LLC. (Humphrey, Janet) |
| Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney William Daniel Coffee counsel for Defendants Joe Hanauer, Kimbark Group LLC, Greg MacGillivray, James Walkie Ray. Adding William D. Coffee as counsel of record for Joe Hanauer; Greg MacGillivray; James Walkie Ray; and Kimbark Group, LLC for the reason indicated in the G-123 Notice. Filed by Defendants Joe Hanauer; Greg MacGillivray; James Walkie Ray; and Kimbark Group, LLC. (Attorney William Daniel Coffee added to party Joe Hanauer(pty:dft), Attorney William Daniel Coffee added to party Kimbark Group LLC(pty:dft), Attorney William Daniel Coffee added to party Greg MacGillivray(pty:dft), Attorney William Daniel Coffee added to party James Walkie Ray(pty:dft))(Coffee, William) |
| Filing 20 RESPONSE filed by Plaintiff Andersen Hotels, Inc.to Lis Pendens Notice #15 , Objection #17 (Usahacharoenporn, Proud) |
| Filing 19 STIPULATION Extending Time to Answer the complaint as to Earl Merritt answer now due 12/4/2017; E.W. Merritt Farms answer now due 12/4/2017, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Earl Merritt; E.W. Merritt Farms. (Attachments: #1 Proposed Order)(Attorney Michael A Erlinger, Jr added to party E.W. Merritt Farms(pty:dft), Attorney Michael A Erlinger, Jr added to party Earl Merritt(pty:dft))(Erlinger, Michael) |
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Filing 18
ORDER SETTING SCHEDULING CONFERENCE by Judge Josephine L. Staton. A Scheduling Conference is set for 12/22/2017 at 1:30 p.m. See document for details. (tg)
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| Filing 17 OBJECTIONS to Lis Pendens Notice #15 filed by Defendants E.W. Merritt Farms, Earl Merritt. (Mayhew, Kimberly) |
| Filing 16 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Joe Hanauer, Kimbark Group LLC, Greg MacGillivray, James Walkie Ray. Motion set for hearing on 12/15/2017 at 02:30 PM before Judge Josephine L. Staton. (Attachments: #1 Proposed Order) (Attorney Janet E Humphrey added to party Joe Hanauer(pty:dft), Attorney Janet E Humphrey added to party Kimbark Group LLC(pty:dft), Attorney Janet E Humphrey added to party Greg MacGillivray(pty:dft), Attorney Janet E Humphrey added to party James Walkie Ray(pty:dft)) (Humphrey, Janet) |
| Filing 15 NOTICE of Lis Pendens filed by Plaintiff Andersen Hotels, Inc.. (Attachments: #1 Proposed Order)(Usahacharoenporn, Proud) |
| Filing 14 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Andersen Hotels, Inc., upon Defendant Earl Merritt served on 10/30/2017, answer due 11/20/2017. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Usahacharoenporn, Proud) |
| Filing 13 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Andersen Hotels, Inc., upon Defendant E.W. Merritt Farms served on 10/30/2017, answer due 11/20/2017. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Usahacharoenporn, Proud) |
| Filing 12 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Andersen Hotels, Inc., upon Defendant Kimbark Group LLC served on 11/1/2017, answer due 11/22/2017. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Usahacharoenporn, Proud) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Andersen Hotels, Inc., upon Defendant Greg MacGillivray served on 10/22/2017, answer due 11/13/2017. Service of the Summons and Complaint were executed upon Greg MacGillivray in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Usahacharoenporn, Proud) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Andersen Hotels, Inc., upon Defendant Joe Hanauer served on 10/22/2017, answer due 11/13/2017. Service of the Summons and Complaint were executed upon Jamie Hanauer Co Occupant in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Usahacharoenporn, Proud) |
| Filing 9 INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON. (dro) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants E.W. Merritt Farms, Joe Hanauer, Kimbark Group LLC, Greg MacGillivray, Earl Merritt, James Walkie Ray. (car) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge John D. Early. (car) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Andersen Hotels, Inc. identifying none as Corporate Parent. (Usahacharoenporn, Proud) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Andersen Hotels, Inc., identifying dba Hotel Laguna. (Usahacharoenporn, Proud) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Andersen Hotels, Inc.. (Usahacharoenporn, Proud) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Andersen Hotels, Inc.. (Usahacharoenporn, Proud) |
| Filing 1 COMPLAINT Receipt No: 0973-20652287 - Fee: $400, filed by Plaintiff Andersen Hotels, Inc.. (Attachments: #1 Exhibit A - Lease) (Attorney Proud Usahacharoenporn added to party Andersen Hotels, Inc.(pty:pla))(Usahacharoenporn, Proud) |
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