Dachser USA Air & Sea Logistics Inc. v. EJK Tiles Inc.
| EJK Tiles Inc. doing business as Bellazza Ceramics |
| Dachser USA Air & Sea Logistics, Inc. |
| EJK Tiles Inc. |
| 8:2023cv02016 |
| October 26, 2023 |
| US District Court for the Central District of California |
| Cormac J Carney |
| Karen E Scott |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Defendant |
Docket Report
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Filing 31
ORDER by Judge Cormac J. Carney, Granting Stipulation to Stay Pre-Trial Activity Pending Mediation #30 . The Court hereby orders that all pre-trial activity is stayed for 90 days pending the parties private mediation. (Made JS-6. Case Terminated.) (twdb)
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| Filing 30 STIPULATION to Stay Case pending Private Mediation filed by Plaintiff and Cross-Defendant Dachser USA Air & Sea Logistics, Inc.. (Attachments: #1 Proposed Order ORDER TO STAY PRE-TRIAL ACTIVITY PENDING MEDIATION)(Kavaller, Miles) |
| [DUPLICATE ENTRY] CROSS-CLAIM against Cross-Defendant Dachser USA Air & Sea Logistics, Inc. filed by Cross-Claimant EJK Tiles Inc. [ANSWER AND CROSS CLAIM filed as one document See Dkt. #26 ] (es) |
| Filing 28 NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on January 18, 2024. (rrp) |
| Filing 27 NOTICE of Interested Parties filed by Defendant EJK Tiles Inc., (Bach, Jacob) |
| Filing 26 ANSWER to COMPLAINT - event converted from ICMS #3 JURY DEMAND. Cross-Claim against Plainitff filed by Defendant EJK Tiles Inc..(Attorney Jacob B. Bach added to party EJK Tiles Inc.(pty:dft))(Bach, Jacob) |
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Filing 29
ORDER by Judge Cormac J. Carney GRANTING #22 Corrected APPLICATION of Non-Resident Attorney Richard L. Furman to Appear Pro Hac Vice on behalf of Plaintiff Dachser USA Air & Sea Logistics, Inc., designating Miles L. Kavalier as local counsel. (es)
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| Filing 25 WAIVER OF SERVICE Returned Executed filed by Plaintiff Dachser USA Air & Sea Logistics, Inc.. upon EJK Tiles Inc. waiver sent by Plaintiff on 8/10/2023, answer due 10/10/2023. Waiver of Service signed by Kenny Ahn. (Attachments: #1 Exhibit Form AO399 Waiver of Service of Summons)(Kavaller, Miles) |
| Filing 24 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT #21 RE: APPLICATION of Non-Resident Attorney to Appear #20 by Judge Cormac J. Carney. that the document is stricken. Other: Case number incomplete, missing initials of Judge. 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. (bm) |
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Filing 23
MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Cormac J. Carney. Here, 90 days have passed since Plaintiff filed the Complaint, yet no proof of service has been filed. Accordingly, the Court, on its own motion, hereby ORDERS Plaintiff to show cause in writing no later than November 15, 2023 why this action should not be dismissed for lack of prosecution. See minute order for details. (lom)
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| Filing 22 Corrected APPLICATION to Pro Hac Vice Application of Plaintiff's Attorney, Richard L. Furman Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form,, #21 , APPLICATION of Non-Resident Attorney Richard L. Furman to Appear Pro Hac Vice on behalf of Plaintiff Dachser USA Air & Sea Logistics, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36346685) #20 filed by Plaintiff Dachser USA Air & Sea Logistics, Inc.. (Kavaller, Miles) |
| Filing 21 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Richard L. Furman to Appear Pro Hac Vice on behalf of Plaintiff Dachser USA Air & Sea Logistics, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36346685) #20 . The following error(s) was/were found: Case number incomplete; missing initials of Judge. 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. (ak) |
| Filing 20 STRICKEN PURSUANT TO COURT ORDER DATED 11/8/2023, SEE DKT. NO. #24 . APPLICATION of Non-Resident Attorney Richard L. Furman to Appear Pro Hac Vice on behalf of Plaintiff Dachser USA Air & Sea Logistics, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36346685) filed by Plaintiff Dachser USA Air & Sea Logistics, Inc.. (Attachments: #1 Proposed Order on Application of Non-Resident Atrtorney to Appear in Specific Case) (Attorney Miles L Kavaller added to party Dachser USA Air & Sea Logistics, Inc.(pty:pla)) (Kavaller, Miles) Modified on 11/9/2023 (bm). |
| Filing 19 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Dayton P Haigney. 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. (car) |
| Filing 18 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Richard L Furman. 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. (car) |
| Filing 17 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 16 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 15 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Karen E. Scott. (car) |
| Filing 14 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:23-cv-06000-ENV-RER, from U.S. District Court Eastern District of New York (Brooklyn). The above-referenced case has been transferred to this district and assigned the above civil case number 8:23-cv-02016-CJC-KESx. (car) |
| Filing 13 ORIGINAL file, certified copy of transfer order and docket sheet received from New York Eastern |
| Case transferred to District of Central District of California. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (JT) [Transferred from New York Eastern on 10/27/2023.] |
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Filing 12
ORDER finding as moot #8 Motion for Pre Motion Conference; granting #11 Motion to Change Venue. In light of the parties' stipulation of transfer at #11 , the motion for pre motion conference is moot. Further, the Court grants the parties' motion to transfer the case. The Clerk of Court is directed to transfer this case, and, following transfer, to close this docket for administrative purposes. Ordered by Judge Eric N. Vitaliano on 10/25/2023. (JPT) (JT). [Transferred from New York Eastern on 10/27/2023.]
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| Filing 11 Consent MOTION to Change Venue to USCD CDCA, Southern Division by Dachser USA Air & Sea Logistics Inc.. (Furman, Richard) [Transferred from New York Eastern on 10/27/2023.] |
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ORDER granting #10 Motion for Extension of Time to File. Plaintiff's response to defendant's pre motion conference letter #8 is due on October 25, 2023. Ordered by Judge Eric N. Vitaliano on 10/17/2023. (JPT) [Transferred from New York Eastern on 10/27/2023.]
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| Filing 10 First MOTION for Extension of Time to File reply to pre-motion request for conference by Dachser USA Air & Sea Logistics Inc.. (Furman, Richard) [Transferred from New York Eastern on 10/27/2023.] |
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ORDER. Plaintiff is directed to respond, pursuant to the Court's individual rules, to defendant's motion for a pre-motion conference at #8 no later than 10/18/2023. Ordered by Judge Eric N. Vitaliano on 10/11/2023. (JPT) [Transferred from New York Eastern on 10/27/2023.]
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| Filing 9 Corporate Disclosure Statement by EJK Tiles Inc. (Haigney, Dayton) [Transferred from New York Eastern on 10/27/2023.] |
| Filing 8 MOTION for pre motion conference to dismiss (jurisdiction) or transfer by EJK Tiles Inc.. (Haigney, Dayton) [Transferred from New York Eastern on 10/27/2023.] |
| Filing 7 NOTICE of Appearance by Dayton P Haigney on behalf of EJK Tiles Inc. (aty to be noticed) (Haigney, Dayton) [Transferred from New York Eastern on 10/27/2023.] |
| Filing 6 Summons Issued as to EJK Tiles Inc.. (KD) [Transferred from New York Eastern on 10/27/2023.] |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (KD) [Transferred from New York Eastern on 10/27/2023.] |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) [Transferred from New York Eastern on 10/27/2023.] |
| Filing 3 AMENDED COMPLAINT against EJK Tiles Inc., filed by Dachser USA Air & Sea Logistics Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Furman, Richard) Modified on 8/9/2023 (LJ). [Transferred from New York Eastern on 10/27/2023.] |
| Filing 2 Civil Cover Sheet.. by Dachser USA Air & Sea Logistics Inc. (Furman, Richard) [Transferred from New York Eastern on 10/27/2023.] |
| Notice: Re: Incomplete Civil Cover Sheet. A completed Civil Cover Sheet was not filed - specifically page 2 of the document is missing; the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (LJ) [Transferred from New York Eastern on 10/27/2023.] |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Ramon E. Reyes, Jr. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) [Transferred from New York Eastern on 10/27/2023.] |
| Filing 1 COMPLAINT against EJK Tiles Inc. filing fee $ 402, receipt number ANYEDC-16972083 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Dachser USA Air & Sea Logistics Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Furman, Richard) Modified on 8/9/2023 (LJ). [Transferred from New York Eastern on 10/27/2023.] |
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