Organic Soil Science v. Kenneth D. Moss et al
Plaintiff: Organic Soil Science
Defendant: Kenneth D. Moss, Terragenix, Inc., Blue Horizon Holdings Inc., Terragenix Inc. and Does 1-25
Case Number: 8:2023cv02408
Filed: December 19, 2023
Court: US District Court for the Central District of California
Presiding Judge: David O Carter
Referring Judge: Douglas F McCormick
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal - Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 8, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 16, 2024 Filing 26 DECLARATION of Kenneth Moss In Opposition First NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #18 filed by Defendants Blue Horizon Holdings Inc., Kenneth D. Moss. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29)(Fox, Benjamin)
February 16, 2024 Filing 25 DECLARATION of Linton A. Mohammed, Ph.D. In Opposition First NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #18 filed by Defendants Blue Horizon Holdings Inc., Kenneth D. Moss. (Attachments: #1 Exhibit A - Document Examination Report, #2 Exhibit B - Supplementary Document Examination Report)(Fox, Benjamin)
February 16, 2024 Filing 24 OPPOSITION to First NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #18 filed by Defendants Blue Horizon Holdings Inc., Kenneth D. Moss. (Fox, Benjamin)
February 16, 2024 Filing 23 OPPOSITION OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case #17 filed by Plaintiff Organic Soil Science. (Battaile, Frank)
February 1, 2024 Filing 22 SCHEDULING NOTICE by Judge David O. Carter re: MOTION to Remand Case to Orange County Superior Court #18 AND MOTION to Dismiss Case #17 Motions set for hearing on 2/26/2024 are CONTINUED to 3/11/2024 at 08:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY
January 30, 2024 Opinion or Order Filing 21 ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 3/11/2024 at 08:30 AM before Judge David O. Carter. (See attached Order for complete details.) (kdu)
January 30, 2024 Filing 20 STIPULATION to Continue Hearings on Motion to Dismiss and Motion to Remand from February 26, 2024 to March 4, 2024 Re: NOTICE OF MOTION AND MOTION to Dismiss Case #17 , First NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #18 filed by Defendants Blue Horizon Holdings Inc., Kenneth D. Moss. (Attachments: #1 Proposed Order)(Fox, Benjamin)
January 29, 2024 Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: First NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #18 . The following error(s) was/were found: Signature missing from page 3. Other error(s) with document(s): Proposed document was not submitted as a separate attachment. 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. (twdb)
January 28, 2024 Filing 18 First NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court filed by Plaintiff Organic Soil Science. Motion set for hearing on 2/26/2024 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration Declaration of Arpi Evans, #2 Exhibit Index of Exhibits) (Battaile, Frank)
January 18, 2024 Filing 17 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Blue Horizon Holdings Inc., Kenneth D. Moss. Motion set for hearing on 2/26/2024 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum In Support of Motion to Dismiss Amended Complaint, #2 Proposed Order) (Fox, Benjamin)
December 28, 2023 Filing 16 DEMAND for Jury Trial filed by Plaintiff Organic Soil Science.. (Battaile, Frank)
December 28, 2023 Opinion or Order Filing 15 ORDER by District Judge David O. Carter GRANTING application of Non-Resident Attorney Fritz E. Berckmueller to Appear Pro Hac Vice on behalf of Defendants Blue Horizon Holdings Inc., Kenneth D. Moss (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36634873) #12 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY
December 28, 2023 Opinion or Order Filing 14 ORDER by District Judge David O. Carter GRANTING application of Non-Resident Attorney Gretchen L. Whaling to Appear Pro Hac Vice on behalf of Defendants Blue Horizon Holdings Inc., Kenneth D. Moss (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36620937) #9 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY
December 28, 2023 Filing 13 INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kdu)
December 27, 2023 Filing 12 APPLICATION of Non-Resident Attorney Fritz E. Berckmueller to Appear Pro Hac Vice on behalf of Defendants Blue Horizon Holdings Inc., Kenneth D. Moss (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36634873) filed by Defendants Blue Horizon Holdings Inc., Kenneth D. Moss. (Attachments: #1 Proposed Order) (Fox, Benjamin)
December 27, 2023 Filing 11 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Gretchen L. Whaling to Appear Pro Hac Vice on behalf of Defendants Blue Horizon Holdings Inc., Kenneth D. Moss (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36620937) #9 . The following error(s) was/were found: The 'hereby order' section of the Proposed order should not be completed. Case number incomplete; missing initials of Judge (ak)
December 22, 2023 Filing 10 STIPULATION Extending Time to Answer the complaint as to Blue Horizon Holdings Inc. answer now due 1/18/2024; Kenneth D. Moss answer now due 1/18/2024, re Amended Complaint, filed by Defendants Blue Horizon Holdings Inc.; Kenneth D. Moss.(Fox, Benjamin)
December 21, 2023 Filing 9 APPLICATION of Non-Resident Attorney Gretchen L. Whaling to Appear Pro Hac Vice on behalf of Defendants Blue Horizon Holdings Inc., Kenneth D. Moss (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36620937) filed by Defendants Blue Horizon Holdings Inc., Kenneth D. Moss. (Attachments: #1 Proposed Order) (Fox, Benjamin)
December 21, 2023 Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Gretchen L. Whaling. 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. (sh)
December 21, 2023 Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Fritz E. Berckmueller. 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. (sh)
December 21, 2023 Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh)
December 21, 2023 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh)
December 21, 2023 Filing 4 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Douglas F. McCormick. (sh)
December 19, 2023 CONFORMED EFILED COPY OF COMPLAINT against Defendants Blue Horizon Holdings Inc., Does, Kenneth D. Moss., filed by Plaintiff Organic Soil Science. [FILED IN STATE COURT 10/17/2023 SUBMITTED AS ATTACHMENT NO. 3 EXHIBIT 3 TO THE NOTICE OF REMOVAL #1 ] (sh)
December 19, 2023 CONFORMED EFILED COPY OF FIRST AMENDED COMPLAINT against Defendants Blue Horizon Holdings Inc., Does, Kenneth D. Moss amending Complaint - (Discovery),, filed by Plaintiff Organic Soil Science [FILED IN STATE COURT 11/01/2023 SUBMITTED AS ATTACHMENT NO. 8 EXHIBIT 8 TO THE NOTICE OF REMOVAL #1 ](sh)
December 19, 2023 Filing 3 Notice and CERTIFICATE of Interested Parties filed by Defendants Kenneth D. Moss, Terragenix, Inc., (Fox, Benjamin)
December 19, 2023 Filing 2 CIVIL COVER SHEET filed by Defendants Kenneth D. Moss, Terragenix, Inc.. (Fox, Benjamin)
December 19, 2023 Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2023-01357506-CU-BC-NJC Receipt No: ACACDC-36603666 - Fee: $405, filed by Defendants Terragenix, Inc., Kenneth D. Moss. (Attachments: #1 Exhibit 1 - Declaration of Kenneth D. Moss, #2 Exhibit 2 - Case Docket (State Court ), #3 Exhibit 3 - Complaint, #4 Exhibit 4 - Civil Case Cover Sheet (State Court), #5 Exhibit 5 - Summons (State Court), #6 Exhibit 6 - Payment Receipt, #7 Exhibit 7 - Notice of Hearing - Case Management Conference, #8 Exhibit 8 - First Amended Complaint, #9 Exhibit 9 - Summons (State Court)) (Attorney Benjamin J Fox added to party Kenneth D. Moss(pty:dft), Attorney Benjamin J Fox added to party Terragenix, Inc.(pty:dft))(Fox, Benjamin)

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Search for this case: Organic Soil Science v. Kenneth D. Moss et al
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Plaintiff: Organic Soil Science
Represented By: Frank W Battaile
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Defendant: Kenneth D. Moss
Represented By: Benjamin J Fox
Represented By: Fritz E. Berckmueller
Represented By: Gretchen L. Whaling
Represented By: Rachel Feldman
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Defendant: Terragenix, Inc.
Represented By: Benjamin J Fox
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Defendant: Blue Horizon Holdings Inc.
Represented By: Benjamin J Fox
Represented By: Fritz E. Berckmueller
Represented By: Gretchen L. Whaling
Represented By: Rachel Feldman
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Defendant: Terragenix Inc.
Represented By: Benjamin J Fox
Represented By: Fritz E. Berckmueller
Represented By: Gretchen L. Whaling
Represented By: Rachel Feldman
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Defendant: Does 1-25
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