Balboa Capital Corporation v. Michael Aiello Construction Inc. et al
Plaintiff: Balboa Capital Corporation
Defendant: Michael Aiello Construction Inc., Michael L Aiello and Michael L. Aiello
Case Number: 8:2023cv01130
Filed: June 26, 2023
Court: US District Court for the Central District of California
Presiding Judge: Cormac J Carney
Referring Judge: Karen E Scott
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 11, 2023 Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Motion for Default Judgment, Attachment No. 2 (Bill of Costs) #15 . The following error(s) was/were found: attachment no. 2 to the Motion for Default Judgment, Bill of Costs, should be e-filed as a separate, stand alone document 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. (bm)
August 10, 2023 Filing 17 First APPLICATION to the Clerk to Tax Costs against Defendants All Defendants re: Clerks Entry of Default (CV-37) - optional html form #13 , filed by plaintiff Balboa Capital Corporation. (Da Costa, Brian)
August 10, 2023 Filing 16 Notice Entry of Default filed by plaintiff Balboa Capital Corporation. (with Certificate of Service) (Da Costa, Brian)
August 10, 2023 Filing 15 First NOTICE OF MOTION AND MOTION for Default Judgment against Defendants Michael Aiello Construction Inc. and Michael L. Aiello filed by plaintiff Balboa Capital Corporation. Motion set for hearing on 9/18/2023 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration Don Ngo with Exhibits 1 through 3, #2 Declaration Michael Raichelson with Exhibit 1 Bill of Costs, #3 Proposed Order Judgment) (Da Costa, Brian)
August 3, 2023 Opinion or Order Filing 14 (IN CHAMBERS) ORDER by Judge Cormac J. Carney. On 08/03/2023, the clerk entered default #13 as to the defendants. Plaintiff is hereby directed to file a motion for default judgment within one week of this order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
August 3, 2023 Filing 13 DEFAULT BY CLERK F.R.Civ.P.55(a) as to MICHAEL AIELLO CONSTRUCTION INC., a New York corporation, MICHAEL L. AIELLO, an individual (twdb)
August 2, 2023 Filing 12 First REQUEST for Clerk to Enter Default against defendants All Defendants filed by plaintiff Balboa Capital Corporation. (Da Costa, Brian)
August 1, 2023 Opinion or Order Filing 11 MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Cormac J. Carney. SEE DOCUMENT FOR FURTHER INFORMATION. Response to Order to Show Cause due by 8/3/2023. (twdb)
July 19, 2023 Filing 10 PROOF OF SERVICE Executed by Plaintiff Balboa Capital Corporation, upon Defendant Michael L. Aiello served on 7/8/2023, answer due 7/31/2023. Service of the Summons and Complaint were executed upon Eleanore Basile - Employee in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy (Da Costa, Brian)
July 19, 2023 Filing 9 PROOF OF SERVICE Executed by Plaintiff Balboa Capital Corporation, upon Defendant Michael Aiello Construction Inc. served on 7/8/2023, answer due 7/31/2023. Service of the Summons and Complaint were executed upon Eleanore Basile-Employee in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy (Da Costa, Brian)
June 27, 2023 Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Michael L. Aiello, Michael Aiello Construction Inc. (lh)
June 27, 2023 Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh)
June 27, 2023 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
June 27, 2023 Filing 5 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Karen E. Scott. (lh)
June 26, 2023 Filing 4 CIVIL COVER SHEET filed by Plaintiff Balboa Capital Corporation. (Da Costa, Brian)
June 26, 2023 Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Balboa Capital Corporation, identifying Ameris Bank. (Da Costa, Brian)
June 26, 2023 Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Balboa Capital Corporation. (Da Costa, Brian)
June 26, 2023 Filing 1 COMPLAINT Receipt No: ACACDC-35555049 - Fee: $402, filed by plaintiff Balboa Capital Corporation. (Attachments: #1 Exhibit 1 through 3) (Attorney Brian Da Costa added to party Balboa Capital Corporation(pty:pla))(Da Costa, Brian)

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Plaintiff: Balboa Capital Corporation
Represented By: Brian Da Costa
Represented By: Marisa D Poulos
Represented By: Michael H Raichelson
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Defendant: Michael Aiello Construction Inc.
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Defendant: Michael L Aiello
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Defendant: Michael L. Aiello
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