CleanFuture, Inc. v. Motive Energy, Inc. et al
| CleanFuture, Inc. |
| Michael K Nelson, Al Bellanca, Smart Charging Technologies, Inc., Motive Energy, Inc., Advanced Charging Technologies, Inc., John Boetsch, Nasser Kutkut, Robert J Istwan, Tony Capolino and Does 1 through 100, inclusive |
| 8:2019cv00084 |
| January 15, 2019 |
| US District Court for the Central District of California |
| Andrew J Guilford |
| Karen E Scott |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 43 REPLY In Support Of Amended NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #38 filed by Defendants Advanced Charging Technologies, Inc., Al Bellanca, John Boetsch, Tony Capolino, Robert J Istwan, Nasser Kutkut, Motive Energy, Inc., Michael K Nelson, Smart Charging Technologies, Inc.. (Krompier, Jesse) |
| Filing 42 Notice of Withdrawal of Motion to Dismiss (cause or other),, #38 filed by Defendant Nasser Kutkut. (Attachments: #1 Declaration of Jesse Krompier)(Krompier, Jesse) |
| Filing 41 OPPOSITION in opposition to re: NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Defendants' Notice of Motions and Motions to Partially Dismiss Plaintiff's First Amended Complaint #37 , Amended NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #38 re FRCP 12(b)(2) filed by Plaintiff CleanFuture, Inc.. (Attachments: #1 Declaration of Jonathan Miles, #2 Request for Judicial Notice)(Miles, Jonathan) |
| Filing 40 OPPOSITION in opposition to re: Amended NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #38 re FRCP 12(b)(6) filed by Plaintiff CleanFuture, Inc.. (Miles, Jonathan) |
Filing 39
ORDER REGARDING EARLY MEETING OF PARTIES AND SCHEDULING CONFERENCE by Judge Andrew J. Guilford. Scheduling Conference set for 4/15/2019 at 9:00 a.m. (mku)
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| Filing 38 Amended NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants Advanced Charging Technologies, Inc., Al Bellanca, John Boetsch, Tony Capolino, Robert J Istwan, Nasser Kutkut, Motive Energy, Inc., Michael K Nelson, Smart Charging Technologies, Inc.. Motion set for hearing on 3/25/2019 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Proposed Order Granting Defendants' Motion to Partially Dismiss Plaintiff's First Amended Complaint) (Krompier, Jesse) |
| Filing 37 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Defendants' Notice of Motions and Motions to Partially Dismiss Plaintiff's First Amended Complaint filed by Defendants Advanced Charging Technologies, Inc., Al Bellanca, John Boetsch, Tony Capolino, Robert J Istwan, Nasser Kutkut, Motive Energy, Inc., Michael K Nelson, Smart Charging Technologies, Inc.. Motion set for hearing on 3/18/2019 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Proposed Order [Proposed] Order Granting Defendants' Motion to Partially Dismiss Plaintiff's First Amended Complaint) (Attorney Jesse S Krompier added to party Advanced Charging Technologies, Inc. (pty:dft), Attorney Jesse S Krompier added to party Al Bellanca(pty:dft)) (Krompier, Jesse) |
| Filing 36 Notice of Appearance or Withdrawal of Counsel: for attorney Sunny September Sarkis counsel for Plaintiff CleanFuture, Inc.. Adding Sunny S. Sarkis as counsel of record for CleanFuture, Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiff CleanFuture, Inc.. (Attorney Sunny September Sarkis added to party CleanFuture, Inc.(pty:pla))(Sarkis, Sunny) |
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Filing 35
ORDER APPROVING THE PARTIES' STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 8-3) #33 by Judge Andrew J. Guilford. It is ORDERED, that: On or before Thursday, February 21, 2019, Defendants will answer or otherwise respond to Plaintiff's First Amended Complaint. (es)
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| Filing 34 TRANSCRIPT ORDER as to Plaintiff CleanFuture, Inc. for Court Reporter. Court will contact Sheila Brown at sheila.brown@stoel.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Miles, Jonathan) |
| Filing 33 STIPULATION Extending Time to Answer the complaint as to Tony Capolino answer now due 2/21/2019; John Boetsch answer now due 2/21/2019; Michael K Nelson answer now due 2/21/2019; Motive Energy, Inc. answer now due 2/21/2019; Smart Charging Technologies, Inc. answer now due 2/21/2019; Nasser Kutkut answer now due 2/21/2019; Robert J Istwan answer now due 2/21/2019; Advanced Charging Technologies, Inc. answer now due 2/21/2019; Al Bellanca answer now due 2/21/2019, re Amended Complaint/Petition #15 filed by Defendants Tony Capolino; John Boetsch; Michael K Nelson; Motive Energy, Inc.; Smart Charging Technologies, Inc.; Nasser Kutkut; Robert J Istwan. (Attachments: #1 Proposed Order)(Attorney Jesse S Krompier added to party John Boetsch(pty:dft), Attorney Jesse S Krompier added to party Tony Capolino(pty:dft), Attorney Jesse S Krompier added to party Robert J Istwan(pty:dft), Attorney Jesse S Krompier added to party Nasser Kutkut(pty:dft), Attorney Jesse S Krompier added to party Motive Energy, Inc.(pty:dft), Attorney Jesse S Krompier added to party Michael K Nelson(pty:dft), Attorney Jesse S Krompier added to party Smart Charging Technologies, Inc.(pty:dft))(Krompier, Jesse) |
| Filing 32 MINUTES OF HEARING ON PRELIMINARY INJUNCTION hearing held before Judge Andrew J. Guilford: The Court hears oral argument from the parties. For the reasons stated on the record, the Court DENIES without prejudice the request for Preliminary Injunction. Court Reporter: Miriam Baird. (es) |
| Filing 31 DECLARATION of Dennis Larson In Support of Opposition to Plaintiff's Ex parte Motion - EX PARTE APPLICATION for Temporary Restraining Order as to prevent Defendants from replacing Plaintiff as Designated Credit Generator for Enrollees in CARB LCFS Program #22 filed by Defendants Advanced Charging Technologies, Inc., Al Bellanca, John Boetsch, Tony Capolino, Robert J Istwan, Nasser Kutkut, Motive Energy, Inc., Michael K Nelson, Smart Charging Technologies, Inc.. (Rans, Eric) |
| Filing 30 DECLARATION of David Rodriguez In Support of Opposition to Plaintiff's Ex parte Motion - EX PARTE APPLICATION for Temporary Restraining Order as to prevent Defendants from replacing Plaintiff as Designated Credit Generator for Enrollees in CARB LCFS Program #22 filed by Defendants Advanced Charging Technologies, Inc., Al Bellanca, John Boetsch, Tony Capolino, Robert J Istwan, Nasser Kutkut, Motive Energy, Inc., Michael K Nelson, Smart Charging Technologies, Inc.. (Rans, Eric) |
| Filing 29 DECLARATION of Jim Gramstad In Support of Opposition to Plaintiff's Ex parte Motion - EX PARTE APPLICATION for Temporary Restraining Order as to prevent Defendants from replacing Plaintiff as Designated Credit Generator for Enrollees in CARB LCFS Program #22 filed by Defendants Advanced Charging Technologies, Inc., Al Bellanca, John Boetsch, Tony Capolino, Does, Robert J Istwan, Nasser Kutkut, Motive Energy, Inc., Michael K Nelson, Smart Charging Technologies, Inc.. (Rans, Eric) |
| Filing 28 Defendant's Supplemental Brief in Opposition to Plaintiff's Ex Parte Motion for (1) Temporary Restraining Order and (2) Preliminary Injunction Supplemental Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to prevent Defendants from replacing Plaintiff as Designated Credit Generator for Enrollees in CARB LCFS Program #22 filed by Defendants Advanced Charging Technologies, Inc., Al Bellanca, John Boetsch, Tony Capolino, Does, Robert J Istwan, Nasser Kutkut, Motive Energy, Inc., Michael K Nelson, Smart Charging Technologies, Inc.. (Attachments: #1 Declaration of John Boetsch in Support of Defendants' Opposition to Ex Parte)(Attorney Eric J Rans added to party Does(pty:dft))(Rans, Eric) |
| Filing 27 REPLY /Response to Defendants' Objections to Declaration of John Thornton filed by Plaintiff CleanFuture, Inc.. (Miles, Jonathan) |
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Filing 26
MINUTES [IN CHAMBERS] ORDER DENYING EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER [DKT. 22-1] by Judge Andrew J. Guilford: Plaintiff CleanFuture applies for a temporary restraining order and an order to show cause why a preliminary injunction should not issue. The Court DENIES Plaintiff's TRO application. The preliminary injunction hearing will be on February 11, 2019 at 3:00 p.m. (SEE ORDER FOR FURTHER DETAILS) (es)
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| Filing 25 PROOF OF SERVICE filed by Plaintiff CleanFuture, Inc., re EX PARTE APPLICATION for Temporary Restraining Order as to prevent Defendants from replacing Plaintiff as Designated Credit Generator for Enrollees in CARB LCFS Program #22 served on 02/06/19. (Miles, Jonathan) |
| Filing 24 OPPOSITION TO PLAINTIFFS EX PARTE MOTION FOR (1) TEMPORARY RESTRAINING ORDER AND (2) PRELIMINARY INJUNCTION Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to prevent Defendants from replacing Plaintiff as Designated Credit Generator for Enrollees in CARB LCFS Program #22 filed by Defendants Advanced Charging Technologies, Inc., Al Bellanca, John Boetsch, Tony Capolino, Robert J Istwan, Nasser Kutkut, Motive Energy, Inc., Michael K Nelson, Smart Charging Technologies, Inc.. (Attachments: #1 Declaration DEFENDANTS OBJECTIONS TO DECLARATION OF JOHN THORNTON IN SUPPORT OF PLAINTIFFS EX PARTE MOTION FOR (1) TEMPORARY RESTRAINING ORDER AND (2) OSC RE: PRELIMINARY INJUNCTION, #2 Declaration DECLARATION OF JOHN M. BOETSCH IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS EX PARTE MOTION FOR (1) TEMPORARY RESTRAINING ORDER AND (2) PRELIMINARY INJUNCTION)(Attorney Eric J Rans added to party Advanced Charging Technologies, Inc. (pty:dft), Attorney Eric J Rans added to party Al Bellanca(pty:dft), Attorney Eric J Rans added to party John Boetsch(pty:dft), Attorney Eric J Rans added to party Tony Capolino(pty:dft), Attorney Eric J Rans added to party Robert J Istwan(pty:dft), Attorney Eric J Rans added to party Nasser Kutkut(pty:dft), Attorney Eric J Rans added to party Motive Energy, Inc.(pty:dft), Attorney Eric J Rans added to party Michael K Nelson(pty:dft), Attorney Eric J Rans added to party Smart Charging Technologies, Inc.(pty:dft))(Rans, Eric) |
| Filing 23 PROOF OF SERVICE filed by Plaintiff CleanFuture, Inc., re Amended Complaint/Petition #15 , Order to Show Cause, #13 , Response #14 , Text Only Scheduling Notice, 16 served on 02/01/2019. (Miles, Jonathan) |
| Filing 22 EX PARTE APPLICATION for Temporary Restraining Order as to prevent Defendants from replacing Plaintiff as Designated Credit Generator for Enrollees in CARB LCFS Program filed by Plaintiff CleanFuture, Inc.. (Attachments: #1 Memorandum of Points and Authorities ISO Ex Parte Motion for (1) Temporary Restraining Order and (2) OSC re Preliminary Injunction, #2 Declaration of Jonathan A. Miles ISO of Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction, #3 Declaration of John Thornton ISO of Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction, #4 Proposed Order Granting Temporary Restraining Order and OSC re Preliminary Injunction, #5 Proposed Order and Preliminary Injunction) (Miles, Jonathan) |
| Filing 21 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff CleanFuture, Inc., upon Defendant Robert J Istwan served on 1/28/2019, answer due 2/19/2019. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Miles, Jonathan) |
| Filing 20 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff CleanFuture, Inc., upon Defendant Smart Charging Technologies, Inc. served on 1/28/2019, answer due 2/19/2019. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Miles, Jonathan) |
| Filing 19 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff CleanFuture, Inc., upon Defendant Nasser Kutkut served on 1/28/2019, answer due 2/19/2019. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Miles, Jonathan) |
| Filing 18 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff CleanFuture, Inc., upon Defendant Motive Energy, Inc. served on 1/23/2019, answer due 2/13/2019. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Miles, Jonathan) |
| Filing 17 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff CleanFuture, Inc., upon Defendant Advanced Charging Technologies, Inc. served on 1/23/2019, answer due 2/13/2019. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Miles, Jonathan) |
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Filing 16
(IN CHAMBERS) ORDER by Judge Andrew J. Guilford DISCHARGING ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION: On January 30, 2019, the Court issued an Order to show cause why this action should not be dismissed for lack of prosecution #13 . On January 31, 2019, Plaintiff filed a Response and First Amended Complaint #14 #15 . In light of the responsive filings, the Court hereby orders the OSC discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY
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| Filing 15 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff CleanFuture, Inc.(Miles, Jonathan) |
| Filing 14 RESPONSE filed by Plaintiff CleanFuture, Inc.to Order to Show Cause, #13 ; Declaration of John Thornton (Miles, Jonathan) |
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Filing 13
MINUTE ORDER [IN CHAMBERS] ORDER TO SHOW CAUSE CONCERNING SUBJECT MATTER JURISDICTION by Judge Andrew J. Guilford. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE by February 8, 2019, as to why this case should not be dismissed for lack of jurisdiction. Defendants may submit a response within seven days of Plaintiff's filing. (es)
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| Filing 12 21 DAYS Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Advanced Charging Technologies, Inc., Al Bellanca, John Boetsch, Tony Capolino, Robert J Istwan, Nasser Kutkut, Motive Energy, Inc., Michael K Nelson, Smart Charging Technologies, Inc. (jp) |
| Filing 11 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff CleanFuture, Inc.. (Miles, Jonathan) |
| Filing 10 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #9 . 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 summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (jp) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff CleanFuture, Inc.. (Miles, Jonathan) |
| Filing 8 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 . The following error(s) was found: Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Andrew J. Guilford and Magistrate Judge Karen E. Scott. (ghap) |
| Filing 5 NOTICE of Appearance filed by attorney Michael B Brown on behalf of Plaintiff CleanFuture, Inc. (Attorney Michael B Brown added to party CleanFuture, Inc.(pty:pla))(Brown, Michael) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff CleanFuture, Inc.. (Miles, Jonathan) |
| Filing 3 Certification and NOTICE of Interested Parties filed by Plaintiff CleanFuture, Inc., (Miles, Jonathan) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff CleanFuture, Inc.. (Miles, Jonathan) |
| Filing 1 COMPLAINT Receipt No: 0973-23050155 - Fee: $400, filed by Plaintiff CleanFuture, Inc.. (Attorney Jonathan Arthur Miles added to party CleanFuture, Inc.(pty:pla))(Miles, Jonathan) |
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