Quick Dispense, Inc. v. Vitality Foodservice, Inc., et al
| Quick Dispense, Inc. |
| Vitality Foodservice, Inc., dba Nestle Professional, Darin Perry, DOES 1 through 25 and Vitality Foodservice, Inc. a Delaware corporation doing business as Nestle Professional |
| 8:2023cv02322 |
| December 8, 2023 |
| US District Court for the Central District of California |
| Fred W Slaughter |
| Autumn D Spaeth |
| Contract: Franchise |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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Filing 17
MINUTES ORDER DENYING Plaintiff's Ex Part Application for Temporary Restraining Order #14 by Judge Fred W. Slaughter. See document for further information. (jp)
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| Filing 16 REPLY in support of motion NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #11 filed by Defendants Darin Perry, Vitality Foodservice, Inc.. (Murphy, Kristy) |
| Filing 15 OPPOSITION to EX PARTE APPLICATION for Temporary Restraining Order as to removing, replacing or encouraging or soliciting others to remove or replace Plaintiff's equipment and accessories at all location which such equipment and accessories is installed, et al. #14 filed by Defendant Vitality Foodservice, Inc.. (Attachments: #1 Declaration ISO Opposition to TRO)(Murphy, Kristy) |
| Filing 14 EX PARTE APPLICATION for Temporary Restraining Order as to removing, replacing or encouraging or soliciting others to remove or replace Plaintiff's equipment and accessories at all location which such equipment and accessories is installed, et al. filed by Plaintiff Quick Dispense, Inc.. (Attachments: #1 Declaration of Alice M. Ellingson in Support of Ex Parte Application for Temporary Restraining Order and Order to Show Cause re: Preliminary Injunction, #2 Exhibit 1 - Distribution Agreement, #3 Exhibit 2 - Bailment, #4 Exhibit 3 - May Letter, #5 Declaration of Ronald Rus in Support of Ex Parte Applicatoin for Temporary RestrainingOrder and Order to Show Cause re: Preliminary Injunction, #6 Exhibit 1 - Notice of Ex Parte, #7 Exhibit 2 - Second Amended and Supplemented Complaint, #8 Proposed Order Temporary Restraining Order and Order to Show Cause re Preliminary Injunction) (Rus, Ronald) |
| Filing 13 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #11 filed by Plaintiff Quick Dispense, Inc.. (Rus, Ronald) |
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Filing 12
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge Fred W. Slaughter. Scheduling Conference set for 3/7/2024 at 9:00 a.m. See Order for details. (mku)
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| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendants Vitality Foodservice, Inc.. Motion set for hearing on 2/15/2024 at 10:00 AM before Judge Fred W. Slaughter. (Attachments: #1 Supplement Request for Judicial Notice ISO Motion to Dismiss) (Murphy, Kristy) |
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Filing 10
ORDER Re Stipulation Granting Quick Dispense, Inc., Leave to File Second Amended and Supplemented Complaint and Extending Time to File Response Pleading #6 by Judge Fred W. Slaughter, the court ORDERS the following: (1) Plaintiff Quick Dispense Inc. is GRANTED LEAVE TO FILE a Second Amended and Supplemented Complaint no later than 12/22/2023, and the SAC, filed by Plaintiff on 12/22/2023 #7 , is DEEMED FILED as of 12/22/2023. (2) The time for Defendants to respond to the SAC is EXTENDED by an additional 7 days (21 days total) after the filing date of the SAC, namely, 21 days after 12/22/2023. Therefore, the time for Defendants to answer, move, or otherwise respond to the SAC in the above-captioned matter is EXTENDED to and including 1/12/2024. (jp)
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Filing 9
CIVIL STANDING ORDER by Judge Fred W. Slaughter. (mku)
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| Filing 8 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Karen E. Scott to Judge Fred W. Slaughter for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Autumn D. Spaeth. The case number will now reflect the initials of the transferee Judges 8:23-cv-02322 FWS(ADSx). (rn) |
| Filing 7 Second AMENDED COMPLAINT against Defendant Darin Perry, Vitality Foodservice, Inc. amending Amended Complaint, filed by Plaintiff Quick Dispense, Inc. (Attachments: #1 Exhibit 1 - Distribution Letter Agreement & Program, #2 Exhibit 2 - Foodservice Sales Agent Agreement, #3 Exhibit 3 - Independent Contractor and Services Agreement, #4 Exhibit 4 - May 1, 2023 Letter, #5 Proof of Service)(Rus, Ronald) |
| Filing 6 STIPULATION for Leave to File Second Amended and Supplemented Complaint and Extending Time to File Responsive Pleading filed by Plaintiff Quick Dispense, Inc.. (Attachments: #1 Proposed Order on Stipulation Granting Quick Dispense, Inc. Leave to File Second Amended and Supplemented Complaint and Extending Time to File Responsive Pleading)(Rus, Ronald) |
| Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Karen E. Scott. (Attachments: #1 CV11C) (jtil) |
| FIRST AMENDED COMPLAINT filed by Plaintiff Quick Dispense, Inc, attached as Exhibit 2. (jtil) |
| Filing 4 NOTICE of Interested Parties filed by defendants Darin Perry, Vitality Foodservice, Inc., dba Nestle Professional, identifying Quick Dispense, Inc., Darin Perry, Vitality Foodservice, Inc., Nestl USA, Inc.. (Solish, Jonathan) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendants Darin Perry, Vitality Foodservice, Inc., dba Nestle Professional identifying Nestl USA, Inc. as Corporate Parent. (Solish, Jonathan) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Darin Perry, Vitality Foodservice, Inc., dba Nestle Professional. (Solish, Jonathan) |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2023-01359095-CU-BT-NJC Receipt No: ACACDC-36542397 - Fee: $405, filed by defendants Darin Perry, Vitality Foodservice, Inc., dba Nestle Professional. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - First Amended Complaint, #3 Exhibit 3 - Service of Process Documents) (Attorney Jonathan Solish added to party Darin Perry(pty:dft), Attorney Jonathan Solish added to party Vitality Foodservice, Inc., dba Nestle Professional (pty:dft))(Solish, Jonathan) |
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