Clayton v. Automated Gaming Technologies, Inc.

Plaintiff: Keith R Clayton
Defendant: Automated Gaming Technologies, Inc.
Case Number: 2:2013cv00907
Filed: May 8, 2013
Court: California Eastern District Court
Office: Sacramento Office
County: Placer
Referring Judge: Edmund F. Brennan
Presiding Judge: John A. Mendez
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28:1332 Diversity-Contract Dispute
Jury Demanded By: Both

Available Case Documents

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Date Filed#Document Text
October 15, 2015 221 Opinion or Order of the Court ORDER OF DISMISSAL PURSUANT TO SETTLEMENT AGREEMENT signed by Judge John A. Mendez on 10/14/15 ORDERING that the parties shall comply with the terms of the Settlement Agreement attached as "EXHIBIT 1", which is incorporated by reference as if fully set forth herein; the Court retains and reserves jurisdiction to enforce the Settlement Agreement and this accordant Order; subject to the provisions of paragraphs A and B, this action, including plaintiff's complaint against AGT, P rather, and Magnanti, and AGT's counterclaim against plaintiff, is DISMISSED with prejudice, each party to bear its own attorney fees and costs. The dismissals are voluntary, and shall not operate as an adjudication on the merits under Rule 41 FRCP. CASE CLOSED (Benson, A)
September 17, 2015 217 Opinion or Order of the Court STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 9/17/15: HEARING as to 207 MOTION to COMPEL RESET for 10/14/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Kaminski, H)
September 14, 2015 214 Opinion or Order of the Court STIPULATION and ORDER signed by Judge John A. Mendez on 09/14/15 ORDERING that the Discovery deadline is EXTENDED to 10/23/2015. All other dates set forth in the 202 05/15/15 Order REMAIN. (Benson, A)
September 9, 2015 212 Opinion or Order of the Court STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 9/8/15 ORDERING that the hearing on plaintiff's 208 Motion to Compel Defendant AGT to Produce Documents Pursuant to Plaintiff's Fifth Document Request is CONTINUED to 9/23/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Kastilahn, A)
May 15, 2015 202 Opinion or Order of the Court STIPULATION and ORDER 201 signed by Judge John A. Mendez on 5/15/15 ORDERING that the 1st Amended Status (Pre-trial Scheduling) Order is modified as follows: Discovery Cut-Off: 10/2/2015, Dispositive motion filing: 11/4/2015, Dispositive motion hearing: 12/16/2015 at 9:30 a.m., Joint pretrial statement: 1/22/2016, Final Pretrial Conference: 1/29/2016 at 11:00 a.m., Trial: 3/7/2016 at 9:00 a.m.. (Kastilahn, A)
March 19, 2015 197 Opinion or Order of the Court ORDER 196 signed by Judge John A. Mendez on 3/18/2015. Defense counsel Downey Brand's 159 Motion for Withdrawal as Counsel is GRANTED. The 159 Motion is GRANTED and EFFECTIVE immediately as to Prather and Magnanti. The 159 is GRANTED and EFFECTIVE as of 4/10/2015 as to withdrawal as counsel for Automated Gaming Technologies, to allow parties to attend a Settlement Conference, which has been set for 3/30/2015 at 9:00 AM in Department 25 before Magistrate Judge Kendall Newman. Until 4/10/2015, Downey Brand LLP shall only be required to represent AGT in connection with Settlement Conference and is not required to represent it in any other issues or matters.Furthermore, effective 3/11/2015, all Discovery and Discovery Motions in a ctionare STAYED until 4/10/2015. Upon application of one of the parties, which may be Ex Parte, the Court will grant a reasonable extension of the current Discovery cut-off. In any event, and notwithstanding current Discovery cut-off, the deposition of Robert Magnanti by plaintiff is set for, and absent contrary Stipulation shall take place on 4/17/2015, starting at 10:00 AM. in Sacramento, California at the office of court reporter selected by plaintiff, Keith R. Clayton. Plaintiff's counsel shall serve notice of the deposition, including its exact location. (Marciel, M)
March 10, 2015 193 Opinion or Order of the Court STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 3/9/2015 ORDERING that the hearing re 189 Motion to Compel is CONTINUED to 4/8/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Zignago, K.)
February 19, 2015 188 Opinion or Order of the Court STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 2/18/15 ORDERING the motion hearing continued to 3/18/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Becknal, R)
February 4, 2015 184 Opinion or Order of the Court STIPULATION and ORDER re 177 Motion to Compel signed by Magistrate Judge Edmund F. Brennan on 2/3/15. (Kaminski, H)
January 22, 2015 178 Opinion or Order of the Court ORDER signed by Magistrate Judge Edmund F. Brennan on 1/21/15 ORDERING that plaintiff's motion to compel a further response to his First Set of Interrogatories is DENIED. Plaintiff's motion to compel the production of documents is GRANTED. AGT shall comply with this order by no later than 2/4/2015. (Kastilahn, A)
January 7, 2015 168 Opinion or Order of the Court STIPULATION AND ORDER signed by Magistrate Judge Edmund F. Brennan on 1/7/2015 CONTINUING the Motion Hearing on 163 Motion to Compel Answer to First Set of Interrogatories to 1/21/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Michel, G)
December 17, 2014 161 Opinion or Order of the Court ORDER signed by Magistrate Judge Edmund F. Brennan on 12/17/2014 ORDERING that within seven days of this order, AGT shall produce all accounting ledgers and journals in Quickbooks native format. Also within seven date, plaintiff's counsel shall serve a subpoena on Sanford and Company, CPA. The return date for the subpoena shall be no more thatn seven days from the date of service. (Donati, J)
December 1, 2014 154 Opinion or Order of the Court STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 12/1/14 ORDERING hearing re: 144 MOTION to COMPEL. Motion Hearing CONTINUED to 12/17/2014 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Meuleman, A)
September 30, 2014 150 Opinion or Order of the Court STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 9/29/14 re: 149 CONTINUING hearing re: 144 MOTION to COMPEL Compliance with Court's Order re: 1st Document Request TO 11/5/2014 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Meuleman, A)
September 15, 2014 148 Opinion or Order of the Court STIPULATION and ORDER signed by Judge John A. Mendez on 9/15/14: Designation of Expert Witnesses due by 1/12/2015. Discovery due by 4/15/2015. Dispositive Motions filed by 5/20/2015. Final Pretrial Conference set for 7/31/2015 at 11:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial set for 9/14/2015 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kaminski, H)
September 10, 2014 146 Opinion or Order of the Court STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 9/10/2014 ORDERING the 144 MOTION to COMPEL Hearing CONTINUED to 10/8/2014 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Donati, J)
August 12, 2014 142 Opinion or Order of the Court ORDER signed by Judge John A. Mendez on 8/11/2014. Court is GRANTING, without leave to amend, plaintiff's 113 Motion to Dismiss to Dismiss Second Cause of Action for fraud in Second Amended Counterclaim. (Marciel, M)
August 6, 2014 141 Opinion or Order of the Court ORDER signed by Magistrate Judge Edmund F. Brennan on 8/6/2014 ORDERING 55 Motion to Compel GRANTED as follows: AGT shall produce the stock ledger demanded in Request N0.5. AGT shall produce the employment and compensation agreements of all of its officers and directors demanded in Request No. 7. AGT shall produce all of its accounting ledgers and accounting journals demanded in Request No. 11, including but not limited to any in "Quickbooks" or other electronic form.AGT shall produ ce all documents demanded in Request No. 13; AGT shall produce all documents demanded in Request No. 14. This includes,without limitation, all invoices issued by AGT for such sales, and all invoices to AGT for its costs of sales. AGT shall produce al l documents demanded in, respectively, Requests Nos. 16, 17,20, 23, 24. 36, 37, and 38.Except with respectto Request No. 14 (which specifically referred to AGT's understanding of the term "Systems Division"), the production of document s under each of the foregoing Requests shall not be limited to those that AGT's deems to relate to the "Systems Division," (or "Systems Department") of AGT, but shall include all the documents demandedby the respective reques t. To the extent that the documents heretofore produced by AGT constitute full production of all documents demanded in a particular request which is a subject of this Order, or the further production hereby ordered as to one particular Request which is a subject of this Orderconstitutes full production of another such Request, AGT shall so certify or declare under penalty of perjury. AGT shall comply with this Order by August 13, 2014. (Waggoner, D)
June 18, 2014 122 Opinion or Order of the Court STIPULATION and ORDER 120 for continuance of hearing signed by Magistrate Judge Edmund F. Brennan on 6/17/2014. Plaintiff's 55 Motion to Compel Hearing is RE-SET for 7/30/2014 at 10:00 AM in Courtroom 8 (EFB). (Marciel, M)
May 29, 2014 118 Opinion or Order of the Court STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 5/29/2014 ORDERING the hearing for 55 Motion to Compel production of documents (Plaintiff's Second Request) from defendant AGT CONTINUED to 6/25/2014 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Donati, J)
April 18, 2014 106 Opinion or Order of the Court ORDER signed by Judge John A. Mendez on 4/18/14 DENYING 86 Motion to Dismiss the First Cause of Action for breach of fiduciary duties in the First Amended Counterclaim. The Court GRANTS WITH LEAVE TO AMEND 86 Motion to Dismiss the Second Cause o f Action for fraud. The Court GRANTS WITHOUT LEAVE TO AMEND 87 Motion to Dismiss the Third Cause of Action for breach of contract. A Second Amended Counterclaim must be filed within 20 days of the date of this Order. Plaintiff's responsive pleading must be filed within 20 days thereafter. Plaintiff's counsel SHALL PAY the $700 in sanctions to the clerk of the court within 10 days of the date of this Order. (Meuleman, A)
April 3, 2014 102 Opinion or Order of the Court ORDER granting in part and denying in part Defendants' 68 Motion to Dismiss signed by Judge John A. Mendez on 4/2/14. The Court GRANTS WITH PREJUDICE Defendants' Motion to Dismiss the Sixth Cause of Action for fraud. The Court DENIES Defendants' Motion to Dismiss the Seventh Cause of Action for copyright infringement. (Mena-Sanchez, L)
February 27, 2014 97 Opinion or Order of the Court STIPULATION FOR PROTECTIVE ORDER AND PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 2/27/14. (Kastilahn, A)
January 29, 2014 85 Opinion or Order of the Court STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 1/29/2014 CONTINUING Plaintiff's time to respond to defendant's request for production of documents from 2/7/2014 to 3/14/2014. (Donati, J)
January 15, 2014 77 Opinion or Order of the Court STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 1/15/2014 ORDERING 76 that the time for plaintiff Keith R. Clayton to respond to defendants "Request For Production Of Documents And Things, Set One", dated and served 11/1/2013, may be, and is hereby, further EXTENDED 14 additional days 2/7/2014; the parties shall file an amended joint status report by 1/27/2014. (Reader, L)
January 8, 2014 73 Opinion or Order of the Court STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 1/8/14 re: 72 FURTHER EXTENDING Plaintiff's Time to Respond to Automated Gaming Technologies, Inc.'s Request for Production of Documents and Things, Set One. (Meuleman, A)
December 20, 2013 67 Opinion or Order of the Court STIPULATION AND ORDER FOR EXTENSION OF TIME signed by Judge John A. Mendez on 12/20/2013 ORDERING the defendants to file a response to the 60 Third Amended Complaint by 1/6/2014. (Michel, G)
December 12, 2013 65 Opinion or Order of the Court STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 12/12/13 ORDERING that the time for Plaintiff Keith R. Clayton to respond to defendant "Automated Gaming Technologies, Inc.'s Request For Production Of Documents And Things, Set One", dated and served 11/1/13, is further EXTENDED twenty-eight (28) days, from 12/20/13 to and including Friday, 1/17/2014. (Mena-Sanchez, L)
November 27, 2013 59 Opinion or Order of the Court ORDER signed by Judge John A. Mendez on 11/27/2013 ORDERING that the Court GRANTS WITHOUT PREJUDICE Plaintiff's 37 Motion to Dismiss the First, Second and Third Causes of Action in the Counterclaim. The Court GRANTS WITH PREJUDICE Plaintiff& #039;s Motion to Dismiss the Fourth Cause of Action. Plaintiff's 41 Motion for Leave to File Third Amended Complaint is GRANTED. The Third Amended Complaint, attached to Plaintiff's motion, is deemed filed as of the date of this Order. AGT shall file its responsive pleading to the Third Amended Complaint within thirty (30) days from the date of this Order. If AGT files an amended Counterclaim as part of its responsive pleading, Plaintiffs response to the amended Counterclaim shall be filed within thirty (30) days thereafter. (Zignago, K.)
August 19, 2013 36 Opinion or Order of the Court STIPULATION and ORDER signed by Judge John A. Mendez on 8/16/2013 ORDERING that if plaintiff files a timely motion to dismiss under Rule 12 (b) as to any part of the Counterclaim, plaintiff's time to respond to those claims in the Counterclaim that are not subject to the motion is and shall be also extended to and including fourteen (14) days after notice of the court's action on the motion. (Zignago, K.)
July 25, 2013 33 Opinion or Order of the Court STATUS (Pre-trial Scheduling) ORDER signed by Judge John A. Mendez on 7/24/13: Designation of Expert Witnesses due by 2/12/2014. Discovery due by 4/28/2014. Dispositive Motions filed by 6/11/2014. Final Pretrial Conference set for 8/29/2014 at 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial set for 10/6/2014 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kaminski, H)
July 18, 2013 30 Opinion or Order of the Court ORDER signed by Judge John A. Mendez on 7/17/13 ORDERING that Plaintiff Keith R. Clayton's counter-motion for leave to file a Second Amended Complaint, a copy of which was attached to his counter-motion, is GRANTED. The said Second Amended Complaint is deemed filed July 10, 2013. Defendant shall have 20 days from July 10, 2013 to respond to the said Second Amended Complaint. (Kastilahn, A)
July 5, 2013 25 Opinion or Order of the Court STIPULATION and ORDER signed by Judge John A. Mendez on 7/3/13: The time to file Joint Status Report is extended from July 8, 2013, to and including fourteen (14) days after the Court issues its rulings on the Motion and Counter Motion. (Kaminski, H)

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Plaintiff: Keith R Clayton
Represented By: Gilbert James Premo
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Defendant: Automated Gaming Technologies, Inc.
Represented By: Matthew Joseph Weber
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