Rheem Manufacturing Company v. Navien, Inc.
| Rheem Manufacturing Company |
| Navien, Inc. |
| 8:2021cv00324 |
| February 18, 2021 |
| US District Court for the Central District of California |
| John D Early |
| Josephine L Staton |
| Other Statutory Actions |
| None |
Docket Report
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| Filing 47 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Application to Appear Pro Hac Vice #44 by Judge Josephine L. Staton. The document is stricken and counsel is ordered to file an amended or corrected document by 4/30/2021. (iv) |
| Filing 46 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Samuel C. Merritt to Appear Pro Hac Vice on behalf of Defendant Navien, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31118365) #44 . The following error(s) was/were found: 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. Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lt) |
| Filing 45 Joint STIPULATION for Extension of Time to File Initial Disclosures filed by Defendant Navien, Inc.. (Attachments: #1 Proposed Order)(Koppelman, Ryan) |
| Filing 44 **STRICKEN** APPLICATION of Non-Resident Attorney Samuel C. Merritt to Appear Pro Hac Vice on behalf of Defendant Navien, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31118365) filed by Defendant Navien, Inc.. (Attachments: #1 Proposed Order) (Koppelman, Ryan) Modified on 4/16/2021 Per Response #47 (iv). |
| Filing 43 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial Plaintiff: 7 days, Defendant: 10-15 days, filed by Plaintiff Rheem Manufacturing Company.. (Sullivan, William) |
| Filing 42 NOTICE of Appearance filed by attorney Katherine Grayce Rubschlager on behalf of Defendant Navien, Inc. (Attorney Katherine Grayce Rubschlager added to party Navien, Inc.(pty:dft))(Rubschlager, Katherine) |
Filing 41
DENIED BY ORDER OF THE COURT by Judge Josephine L. Staton re Application for Continuance of Rule 26(F) Scheduling Conference #40 . ***The Court DENIES the parties Application to Continue the Schedule Conference. This denial is without prejudice. The parties are directed to file their Joint Rule 26(f) Report two weeks in advance of the Scheduling Conference. Most cases do not require a conference, and the Court sets a schedule based on the parties' Rule 26(f) Report. The Court will vacate or continue the Scheduling Conference after reviewing the Rule 26(f) Report.*** (jp)
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| Filing 40 Joint STIPULATION to Continue Rule 26(f) Scheduling Conference from 4/23/2021 at 10:30 AM to 4/30/2021 at 10:30 AM filed by Defendant Navien, Inc.. (Attachments: #1 Declaration of Ryan W. Koppelman, #2 Exhibit A, #3 Proposed Order)(Koppelman, Ryan) |
| Filing 39 NOTICE of Interested Parties filed by Plaintiff Rheem Manufacturing Company, identifying Paloma Rheem Global, Inc.. (Sullivan, William) |
| Filing 38 RESPONSE filed by Pro Hac Vice attorney Thomas Gerard Connolly on behalf of Plaintiff Rheem Manufacturing Company. RE: Notice of Filing Fee Due. PHV fee N/A. At this time, I am not appearing as an attorney of record. If such an appearance becomes necessary, I will file a motion for admission pro hac vice as required by the Local Rules. (lt) |
| Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney William Byrne Sullivan counsel for Plaintiff Rheem Manufacturing Company. Adding William B. Sullivan as counsel of record for Rheem Manufacturing Company for the reason indicated in the G-123 Notice. Filed by Plaintiff Rheem Manufacturing Company. (Attachments: #1 Proof of Service)(Attorney William Byrne Sullivan added to party Rheem Manufacturing Company(pty:pla))(Sullivan, William) |
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Filing 36
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge Josephine L. Staton. Scheduling Conference set for 4/23/2021 at 10:30 a.m. See Order for details. (mku)
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| Filing 35 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON (mku) |
| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #33 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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. (ak) |
| Filing 33 NOTICE of Appearance filed by attorney Ryan W Koppelman on behalf of Defendant Navien, Inc. (Attorney Ryan W Koppelman added to party Navien, Inc.(pty:dft))(Koppelman, Ryan) |
| Filing 32 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Thomas Gerard Connolly on behalf on Plaintiff. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
| Filing 31 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 30 NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge John D. Early. (ghap) |
| Filing 29 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:20-cv-01184-TSE-MSN, from Eastern District of Virginia (Alexandria). The above-referenced case has been transferred to this district and assigned the above civil case number 8:21-cv-00324 JLS (JDEx). (ghap) |
| Filing 28 ORIGINAL file, certified copy of transfer order and docket sheet received from Virginia Eastern |
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Filing 27
It is hereby ORDERED that Defendants Motion to Transfer Pursuant to 28 U.S.C. 1404(a) (Dkt. 18) is GRANTED. Signed by District Judge T. S. Ellis, III on 02/17/2021. (lber) [Transferred from Virginia Eastern on 2/19/2021.]
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| Case transferred to District of Central District of California. Original file, certified copy of transfer order, and docket sheet sent. (lber) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 26 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 2/17/2021 via Zoom re #18 MOTION to Transfer Case filed by Navien, Inc.Thomas Connolly, Mark Davis, William Sullivan appeared on behalf of the plaintiff.Scott Pivnick appeared on behalf of the defendant.Matter argued. #18 MOTION to Transfer Case -GRANTED. Order to follow. Court Reporter: P. Kaneshiro-Miller(tran) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 25 REPLY to Response to Motion re #13 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Navien, Inc.. (Pivnick, Scott) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 24 REPLY to Response to Motion re #18 MOTION to Transfer Case filed by Navien, Inc.. (Attachments: #1 Declaration of Scott J. Pivnick, #2 Exhibit 1, #3 Exhibit 2)(Pivnick, Scott) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 23 Opposition to #13 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Rheem Manufacturing Company. (Attachments: #1 Declaration of Mark D. Davis, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Certificate of Service)(Connolly, Thomas) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 22 Opposition to #18 MOTION to Transfer Case filed by Rheem Manufacturing Company. (Attachments: #1 Declaration of William B. Sullivan, #2 Exhibit A, #3 Certificate of Service)(Connolly, Thomas) [Transferred from Virginia Eastern on 2/19/2021.] |
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Filing 21
ORDERED that the hearing on Defendant's respective motions to dismiss andto transfer case Dkts. #13 , #18 is RESCHEDULED to February 17, 2021 at 10:00 a.m. and will be held TELEPRONICALLY. ORDERED that the parties are DIRECTED to comply with Courtroom Deputy Tanya Randall's instructions on the procedure for participation in the telephonic hearing. Signed by District Judge T. S. Ellis, III on 1/26/2021. Reset Deadlines as to #18 MOTION to Transfer Case , #13 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 2/17/2021 at 10:00 AM in Alexandria Telephonically before District Judge T. S. Ellis III.(lcre, ) [Transferred from Virginia Eastern on 2/19/2021.]
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| Set Deadlines as to #18 MOTION to Transfer Case , #13 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 2/12/2021 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (clar, ) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 20 Notice of Hearing Date set for February 12, 2021 re #18 MOTION to Transfer Case , #19 Memorandum in Support (Pivnick, Scott) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 19 Memorandum in Support re #18 MOTION to Transfer Case filed by Navien, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pivnick, Scott) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 18 MOTION to Transfer Case by Navien, Inc.. (Pivnick, Scott) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 17 Corporate Disclosure Statement by Navien, Inc.. (Pivnick, Scott) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 16 NOTICE of Appearance by Scott Jeffrey Pivnick on behalf of Navien, Inc. (Pivnick, Scott) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 15 Notice of Hearing Date set for February 19, 2021 re #13 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction , #14 Memorandum in Support, (Pivnick, Scott) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 14 Memorandum in Support re #13 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Navien, Inc.. (Attachments: #1 Declaration of Scott J. Pivnick, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Pivnick, Scott) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 13 MOTION to Dismiss , MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Navien, Inc.. (Pivnick, Scott) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 12 AMENDED COMPLAINT against Navien, Inc., filed by Rheem Manufacturing Company.(Connolly, Thomas) [Transferred from Virginia Eastern on 2/19/2021.] |
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Filing 11
ORDER granting #10 Motion for Extension of Time to Answer Navien, Inc. answer due 1/18/2021. Signed by Magistrate Judge Michael S. Nachmanoff on 11/2/2020. (rban, ) [Transferred from Virginia Eastern on 2/19/2021.]
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| Filing 10 Consent MOTION for Extension of Time to File Answer by Rheem Manufacturing Company. (Attachments: #1 Proposed Order)(Connolly, Thomas) [Transferred from Virginia Eastern on 2/19/2021.] |
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Filing 9
ORDER granting #6 Motion for Pro hac vice of William Byrne Sullivan. Signed by District Judge T. S. Ellis, III on 10/27/2020. (lcre, ) [Transferred from Virginia Eastern on 2/19/2021.]
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Filing 8
ORDER granting #7 Motion for Pro hac vice of Mark Daniel Davis. Signed by District Judge T. S. Ellis, III on 10/27/2020. (lcre, ) [Transferred from Virginia Eastern on 2/19/2021.]
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| Filing 7 Motion to appear Pro Hac Vice by Mark Daniel Davis and Certification of Local Counsel Thomas G. Connolly Filing fee $ 75, receipt number 0422-7461469. by Rheem Manufacturing Company. (Connolly, Thomas) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 6 Motion to appear Pro Hac Vice by William Byrne Sullivan and Certification of Local Counsel Thomas G. Connolly Filing fee $ 75, receipt number 0422-7461371. by Rheem Manufacturing Company. (Connolly, Thomas) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 5 SUMMONS Returned Executed by Rheem Manufacturing Company Navien, Inc. served on 10/12/2020, answer due 11/2/2020 (Connolly, Thomas) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 4 Financial Interest Disclosure Statement (Local Rule 7.1) by Rheem Manufacturing Company. (Connolly, Thomas) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 3 Summons Issued as to Navien, Inc.. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice to Attorney)(lcre, ) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 2 Proposed Summons by Rheem Manufacturing Company. (Connolly, Thomas) [Transferred from Virginia Eastern on 2/19/2021.] |
| Filing 1 Complaint ( Filing fee $ 400, receipt number 0422-7437471.), filed by Rheem Manufacturing Company. (Attachments: #1 Civil Cover Sheet)(Connolly, Thomas) [Transferred from Virginia Eastern on 2/19/2021.] |
| Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge Michael S. Nachmanoff. (jlan) [Transferred from Virginia Eastern on 2/19/2021.] |
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