Foundation Building Materials, LLC v. Action Gypsum Supply, LP et al
Plaintiff: Foundation Building Materials, LLC
Defendant: Action Gypsum Supply, Action Gypsum Supply, LP and Does 1-10, inclusive
Case Number: 8:2021cv01804
Filed: October 29, 2021
Court: US District Court for the Central District of California
Presiding Judge: Cormac J Carney
Referring Judge: Karen E Scott
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1442
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 27, 2021 Filing 16 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Rule 12(b)(6) #12 filed by Defendant Action Gypsum Supply, LP. (Hamilton, Brian)
December 20, 2021 Filing 15 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Rule 12(b)(6) #12 filed by Plaintiff Foundation Building Materials, LLC. (Attachments: #1 Declaration of Ashley Halberda in Support of Opposition to Defendants' Motion to Dismiss)(Wulffson, Todd)
November 29, 2021 Opinion or Order Filing 14 ORDER by Judge Cormac J. Carney: GRANTING #11 Non-Resident Attorney Matthew F. Prewitt APPLICATION to Appear Pro Hac Vice on behalf of Defendant Action Gypsum Supply, LP, designating Patrick N. Downes as local counsel. (shb)
November 23, 2021 Filing 13 NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on February 10, 2022. (rrp)
November 19, 2021 Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Rule 12(b)(6) filed by Defendant Action Gypsum Supply, LP. Motion set for hearing on 1/10/2022 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Exhibit Plaintiff's Proposed SAC, #2 Proposed Order) (Hamilton, Brian)
November 15, 2021 Filing 11 APPLICATION of Non-Resident Attorney Matthew F. Prewitt to Appear Pro Hac Vice on behalf of Defendant Action Gypsum Supply, LP (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32321478) filed by defendant Action Gypsum Supply, LP. (Attachments: #1 Proposed Order) (Downes, Patrick)
November 10, 2021 Filing 10 (IN CHAMBERS) SCHEDULING NOTICE by Judge Cormac J. Carney. Defendant was served on October 29, 2021. Defendant has until November 19, 2021 to respond to the complaint. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
November 10, 2021 Filing 9 DECLARATION of Ashley A. Halberda re Order to Show Cause #8 November 9, 2021 Minute Order filed by Plaintiff Foundation Building Materials, LLC. (Attachments: #1 Exhibit A to A. Halberda decl., #2 Exhibit B to A. Halberda decl., #3 Exhibit C to A. Halberda decl., #4 Exhibit D to A. Halberda decl., #5 Exhibit E to A. Halberda decl., #6 Exhibit F to A. Halberda decl., #7 Exhibit G to A. Halberda decl., #8 Exhibit H to A. Halberda decl., #9 Exhibit I to A. Halberda decl., #10 Exhibit J to A. Halberda decl., #11 Exhibit K to A. Halberda decl., #12 Exhibit L to A. Halberda decl.)(Halberda, Ashley)
November 9, 2021 Opinion or Order Filing 8 MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION (REMOVAL) by Judge Cormac J. Carney. SEE DOCUMENT FOR FURTHER INFORMATION. Response to Order to Show Cause due by 11/11/2021. (twdb)
November 1, 2021 Filing 7 PROOF OF SERVICE filed by Defendant Action Gypsum Supply, LP, re Notice of Assignment to United States Judges(CV-18) - optional html form #3 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #5 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #4 served on November 1, 2021. (Hamilton, Brian)
November 1, 2021 Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . The following error(s) was found: Other error(s) with document(s): Attachments 14 Civil Cover Sheet, 15 Certificate and Notice of Interested Parties, 16 Declaration Decl. R. Young ISO Notice of Removal are attached to the Notice of Removal. Each of these documents should have been filed and entered separately under its correct event/relief. You need not take any action in response to this notice unless and until the Court directs you to do so. (ghap)
November 1, 2021 Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap)
November 1, 2021 Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
November 1, 2021 Filing 3 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Karen E. Scott. (ghap)
November 1, 2021 Filing 2 PROOF OF SERVICE filed by Defendant Action Gypsum Supply, re Notice of Removal (Attorney Civil Case Opening),,,, #1 Notice of Removal, Civil Case Cover Sheet, Certification and Notice of Interested Parties, and Declaration of Rich Young in Support of Defendant's Notice of Removal served on November 1, 2021. (Hamilton, Brian)
October 29, 2021 CONFORMED FILED COPY OF COMPLAINT against Defendants Action Gypsum Supply, Does 1-10, inclusive., filed by plaintiff Foundation Building Materials, LLC. (FILED IN STATE COURT ON 8/18/2021 SUBMITTED ATTACHED EXHIBIT A) (ghap)
October 29, 2021 CONFORMED FILED COPY OF AMENDED COMPLAINT against Defendants Action Gypsum Supply, LP, Does 1-10, inclusive amending Complaint - (Discovery), filed by plaintiff Foundation Building Materials, LLC. (FILED IN STATE COURT ON 9/1/2021 SUBMITTED ATTACHED EXHIBIT B) (ghap)
October 29, 2021 CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Foundation Building Materials, LLC, upon Defendant Action Gypsum Supply, LP served on 9/8/2021, answer due 9/29/2021. Service of the Summons and Complaint were executed upon Mark Lobb-Agent for Service of Process in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (FILED IN STATE COURT ON 9/15/2021 SUBMITTED ATTACHED EXHIBIT E) (ghap)
October 29, 2021 Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2021-01216783-CU-NP-CJC Receipt No: ACACDC-32245812 - Fee: $402, filed by Defendant Action Gypsum Supply. (Attachments: #1 Exhibit Complaint, #2 Exhibit Amended Complaint, #3 Exhibit Notice of Motion and Motion to Quash Service of Summons, #4 Exhibit Memorandum of Points and Authorities ISO Motion to Quash Service of Summons, #5 Exhibit Decl. R. Young ISO Motion to Quash Service of Summons, #6 Exhibit Proposed Order Granting Motion to Quash Service of Summons, #7 Exhibit Proof of Service Motion to Quash Service of Summons, #8 Exhibit Notice of Removal to Orange County Clerk, #9 Exhibit Notice of Consent to Removal, #10 Exhibit FBM Articles of Organization, #11 Exhibit FBM CA Sec. State Cert. Merger Filing, #12 Exhibit FBM Proposed Second Amended Complaint, #13 Exhibit State Court Civil Case Cover Sheet, #14 Civil Cover Sheet, #15 Certificate and Notice of Interested Parties, #16 Declaration Decl. R. Young ISO Notice of Removal) (Attorney Brian James Hamilton added to party Action Gypsum Supply(pty:dft))(Hamilton, Brian)

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Plaintiff: Foundation Building Materials, LLC
Represented By: Todd R Wulffson
Represented By: Alessandra Whipple
Represented By: Ashley A Halberda
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Defendant: Action Gypsum Supply
Represented By: Brian James Hamilton
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Defendant: Action Gypsum Supply, LP
Represented By: Brian James Hamilton
Represented By: Matthew F. Prewitt
Represented By: Patrick N. Downes
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Defendant: Does 1-10, inclusive
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