Russell Sigler, Inc. v. Min
Plaintiff: Russell Sigler, Inc.
Defendant: Dong Min
Case Number: 2:2013cv01323
Filed: July 1, 2013
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Allison Claire
Referring Judge: Morrison C England
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 09 U.S.C. § 1
Jury Demanded By: None
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Docket Report

This docket was last retrieved on June 14, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 14, 2016 Opinion or Order Filing 53 ORDER signed by District Judge Morrison C. England, Jr. on 6/13/2016 DISMISSING CASE with prejudice; each party shall bear their own costs and fees. CASE CLOSED (Reader, L)
June 7, 2016 Filing 52 STIPULATION and PROPOSED ORDER for Dismissal, With Prejudice, of Action by Russell Sigler, Inc.. (Attachments: #1 Exhibit A - C)(Bournazian, J.)
January 29, 2016 Filing 51 MINUTE ORDER (Text Only) signed by Judicial Assistant to Chief Judge Morrison C. England, Jr on 1/29/2016: The Court grants Plaintiff's request to maintain the stay pending resolution of the arbitration proceedings. The parties are ordered to file a joint status report with the Court on or before 10/17/2016. (Espana-Purpur, A)
January 20, 2016 Filing 50 SECOND STATUS and REQUEST to Maintain the Stay by Russell Sigler, Inc. (Bournazian, J.) Modified on 1/22/2016 (Mena-Sanchez, L).
January 20, 2016 Filing 49 NOTICE Erin McBride's Status Report by All Defendants. (Attachments: #1 Proof of Service)(Rezzo, Joann)
July 20, 2015 Opinion or Order Filing 48 ORDER signed by Chief Judge Morrison C. England, Jr on 7/17/15. The Court will maintain the stay pending claimant McBride's arbitration proceedings. The parties are ordered to file a joint status report with the Court six (6) months from the electronic filing of this order. The Court declines to issue Defendant's requested order requiring Plaintiff to "pay invoices submitted by the arbitrator within 5 business days of receipt by [Plaintiff]'s counsel." #47 at 3.(Mena-Sanchez, L)
July 9, 2015 Filing 47 STATUS REPORT by Dong Min. (Attachments: #1 Exhibit A (Part 1), #2 Exhibit A (Part 2), #3 Proof of Service)(Rezzo, Joann)
July 9, 2015 Filing 46 RESPONSE by Russell Sigler, Inc. to 45 Minute Order,,, Set/Reset Deadlines and Hearings,,. (Attachments: #1 Declaration of J. David Bournazian, #2 Exhibit A - U to Declaration)(Bournazian, J.)
June 26, 2015 Filing 45 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: This case was stayed on 2/26/14. ECF No. 43. Since that date, the parties have not kept the Court apprised of the status of their mediation and arbitration efforts. Accordingly, the parties are ordered to show cause as to why the stay should not be lifted and the litigation resumed. The parties are ordered to file a response by 7/9/15. Failure to respond to this order may be grounds for the sanctions up to and including dismissal of this case. (Deutsch, S)
August 27, 2014 Opinion or Order Filing 44 ORDER by Chief Judge Morrison C. England, Jr.: Due to the retirement of *Lawrence K. Karlton* to the bench of the Eastern District, this action is reassigned to *Chief Judge Morrison C. England, Jr.* for all further proceedings. (Michel, G)
February 28, 2014 Opinion or Order Filing 43 STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 02/28/14 ordering plaintiff Russell Sigler, Inc, Defendant Dong Min, as well as Erin McBride and Leslie Holbrook shall mediate the claims before a mutually agreed upon mediator located in Sacramento, California, or at a location mutually agreed upon by the parties. Should the Parties not settle their claims in mediation, the parties shall arbitrate this matter before an arbitrator from Jams mutually agreed upon. The arbitrator shall be located and venued in Sacramento, California with JAMS, and the arbitration shall be undertaken in Sacramento, California. The threshold issue of whether to bifurcate and separate the claims of Dong Min, Erin McBride and Leslie Holbrook into separate arbitrations or proceedings shall be decided upon first by an arbitrator mutually agreed upon by the parties that is different that the arbitrator decding the merits of the case. This initial arbitrator does not have to be located in Sacramento and can be affiliated with an arbitration service different from the arbitration service deciding the merits of the case, subject to mutual agreement of Sigler and the Claimants. The instant action, is hereby stayed with this court having the power to enforce the arbitration decision and all issues related to this stipulation or agreement to go to arbitration. The parties agree to bear their own fees and costs in regard to the Litigation. Responsibility for costs and attorney's fees for mediation and arbitration shall be in accordance with JAMS Rules for employment disputes and/or as determined by the mediator and arbitrator(s).(Plummer, M)
February 24, 2014 Opinion or Order Filing 42 ORDER SUBSTITUTING ATTORNEY signed by Judge Lawrence K. Karlton on 2/24/14. Added attorney Joann Rezzo for Dong Min, and Attorneys Michael R. Kealy, PHV, and James W. Rushford terminated. (Becknal, R)
February 20, 2014 Filing 41 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Dong Min. (Kealy, Michael)
February 19, 2014 Filing 40 NOTICE OF SUBSTITUTION OF COUNSEL by Dong Min. (Kealy, Michael)
February 14, 2014 Filing 39 STIPULATION and PROPOSED ORDER for Arbitration by Russell Sigler, Inc.. (Bournazian, J.)
January 31, 2014 Opinion or Order Filing 38 STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 1/31/14 ORDERING that Min's opening brief filing date is EXTENDED to 2/18/2014 by 4:30 p.m., with Sigler's responsive brief due no later than 3/4/2014 at 4:30 p.m. and Min's Reply Brief due Tuesday, 3/11/2014 no later than 4:30 p.m.(Mena-Sanchez, L)
January 30, 2014 Filing 37 STIPULATION and PROPOSED ORDER for Extension of Time (Second Request) re #34 Order,,, Set/Reset Deadlines and Hearings,,, Terminate Deadlines and Hearings,,, Case Stayed,, by Dong Min. (Kealy, Michael)
January 17, 2014 Opinion or Order Filing 36 STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 1/16/14 ORDERING that this Court extends the current briefing schedule by deferring Min's opening brief filing date to Monday, February 3, 2014 by 4:30 p.m., with Sigler's responsive brief due no later than Friday, February 14, 2014 at 4:30 p.m., and Min's reply brief due Friday, February 21, 2014 no later than 4:30 p.m.. (Becknal, R)
January 15, 2014 Filing 35 STIPULATION and PROPOSED ORDER for Extension of Time re #34 Order,,, Set/Reset Deadlines and Hearings,,, Terminate Deadlines and Hearings,,, Case Stayed,, by Dong Min. (Kealy, Michael)
January 14, 2014 Opinion or Order Filing 34 ORDER signed by Judge Lawrence K. Karlton on 1/13/14 ORDERING that the parties shall brief whether it is the court or the arbitrator who decides what is the content of the arbitration agreement, insofar as it governs who the arbitrator will be. Defendant Min shall file his opening brief no later than 1/23/2014 at 4:30 p.m.. Plaintiff Sigler shall file his responsive brief no later than 2/3/2014 at 4:30 p.m.. Defendant Min shall file his reply brief no later than 2/10/2014. Pending resolution of the motion to stay, this case is STAYED. The Status (Pretrial Scheduling) Conference currently set for 1/21/2014 is VACATED, and the deadline for initial disclosures is also VACATED. (Kastilahn, A)
January 13, 2014 Filing 33 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 1/13/2014 re #23 Motion for Stay of litigation filed by Dong Min. After oral argument, the Court instructed the parties to file further briefs. Defendant's brief due within 10 days; plaintiff's to respond 10 days thereafter; 5 days thereafter to close. Court order to follow. Plaintiffs Counsel J. David Bournazian present. Defendants Counsel Michael Kealy present. Court Reporter: K. Bennett. (Rivas, A) Modified on 1/14/2014 (Rivas, A).
January 11, 2014 Filing 32 REPLY by Dong Min to RESPONSE to #23 Motion for Stay of litigation. (Attachments: #1 Declaration of Dong Min in Support of Reply to Opposition to Motion for Stay, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Kealy, Michael)
January 8, 2014 Filing 31 STATUS REPORT by Russell Sigler, Inc.. (Bournazian, J.)
December 30, 2013 Filing 30 OBJECTIONS by Plaintiff Russell Sigler, Inc. to #24 Declaration. (Bournazian, J.)
December 30, 2013 Filing 29 OPPOSITION by Russell Sigler, Inc. to #23 Motion for Stay of litigation. (Attachments: #1 Declaration of Blanca Martinez, #2 Exhibit 1 to Declaration of Blanca Martinez, #3 Declaration of J. David Bournazian, #4 Exhibit 1 to Declaration of J. David Bournazian, #5 Exhibit 2 to to Declaration of J. David Bournazian, #6 Exhibit 3 to Declaration of J. David Bournazian, #7 Exhibit 4 to Declaration of J. David Bournazian, #8 Exhibit 5 to Declaration of J. David Bournazian, #9 Exhibit 6 to Declaration of J. David Bournazian, #10 Exhibit 7 to Declaration of J. David Bournazian, #11 Proof of Service)(Bournazian, J.)
November 22, 2013 Filing 28 STATUS REPORT by Dong Min. (Kealy, Michael)
November 20, 2013 Opinion or Order Filing 27 MINUTE ORDER (TEXT ONLY) by Courtroom Deputy A. Rivas re 20 . The Scheduling Conference scheduled for 12/02/2013 is CONTINUED TO 1/21/2014 at 03:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Approved by Judge Lawrence K. Karlton on November 20, 2013. (Rivas, A)
November 18, 2013 Filing 26 STATUS REPORT by plaintiff Russell Sigler, Inc.. (Bournazian, J.) Modified on 11/19/2013 (Marciel, M)
November 18, 2013 Filing 25 STATUS REPORT by defendant Dong Min. (Kealy, Michael) Modified on 11/19/2013 (Marciel, M)
November 18, 2013 Filing 24 DECLARATION of Dong Min in support of #23 Motion for Stay of litigation. (Attachments: #1 Exhibit 1) (Kealy, Michael) Modified on 11/19/2013 (Marciel, M)
November 18, 2013 Filing 23 MOTION for STAY of litigation by Dong Min. Motion Hearing set for 1/13/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Notice of Motion) (Kealy, Michael) Modified on 11/19/2013 (Marciel, M)
October 4, 2013 Filing 22 ANSWER by Dong Min. (Attachments: #1 Exhibit 1)(Kealy, Michael)
September 16, 2013 Filing 21 CLERK'S NOTICE - Since defense counsel is already listed as counsel of record on the docket, plaintiff need not notify him of the new status conference date. (Hoover, S)
September 16, 2013 Opinion or Order Filing 20 MINUTE ORDER: The status conference, currently set for September 23, 2013, is continued to December 2, 2013 at 10:00 a.m. to allow defendant time to file a responsive pleading. Plaintiff's counsel shall inform defendant of the new status conference date and time. The parties are reminded that status reports shall be filed 14 days preceding the status conference. Approved by Judge Lawrence K. Karlton on 09/16/2013. (Hoover, S)
August 23, 2013 Opinion or Order Filing 19 STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 8/23/2013 WITHDRAWING #5 Motion to Dismiss and VACATING the 8/26/2013 Hearing. Min shall have an extension of time to file a responsive pleading up to and including 10/4/2013. (Donati, J)
August 23, 2013 Filing 18 WITHDRAWAL of #5 MOTION to DISMISS by Dong Min. (Kealy, Michael)
August 23, 2013 Filing 17 STIPULATION and PROPOSED ORDER for Vacating Hearing and Motion by Dong Min. (Kealy, Michael)
August 19, 2013 Filing 16 DECLARATION of Michael R. Kealy in SUPPORT of REPLY #15 Reply to OPPOSITION to Motion to Dismiss. (Kealy, Michael) Modified on 8/21/2013 (Mena-Sanchez, L).
August 19, 2013 Filing 15 REPLY by Dong Min to OPPOSITION to #5 MOTION to DISMISS. (Kealy, Michael) Modified on 8/21/2013 (Mena-Sanchez, L).
August 12, 2013 Filing 14 OBJECTIONS by Plaintiff Russell Sigler, Inc. to #5 MOTION to DISMISS. (Bournazian, J.)
August 12, 2013 Filing 13 OPPOSITION by Russell Sigler, Inc. to #5 MOTION to DISMISS. (Attachments: #1 Declaration of J. David Bournazian (Exh. 1-3))(Bournazian, J.)
August 7, 2013 Filing 12 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Dong Min. (Kealy, Michael)
August 7, 2013 Filing 11 NOTICE of APPEARANCE by Michael R. Kealy, PHV on behalf of Dong Min. (Kealy, Michael)
August 1, 2013 Opinion or Order Filing 10 PRO HAC VICE ORDER #7 signed by Judge Lawrence K. Karlton on 8/1/2013. Attorney Michael R. Kealy, PHV is ADDED as counsel for Dong Min. (Attachments: #1 Certificate of Good Standing) (Marciel, M)
August 1, 2013 Filing 9 SUMMONS RETURNED EXECUTED: Dong Min served on 7/2/2013, answer due 7/23/2013. (Bournazian, J.)
July 30, 2013 RECEIPT number CAE200054126 for $200.00 for Pro Hace Vice Appl for Atty Michael R. Kealy from Amanda R. Stevens. (Kastilahn, A)
July 29, 2013 Filing 7 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by defendant Dong Min for attorney Michael R. Kealy to appear Pro Hac Vice. (Rushford, James) Modified on 7/30/2013 (Marciel, M)
July 23, 2013 Filing 6 AMENDED NOTICE of hearing on #5 MOTION to DISMISS: Motion Hearing is SET for 8/26/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Rushford, James) Modified on 7/24/2013 (Mena-Sanchez, L).
July 23, 2013 Filing 5 MOTION to DISMISS by Dong Min. Attorney Rushford, James W. added. Motion Hearing is SET for 8/26/2013 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Declaration of Michael R. Kealy, #2 Declaration of Dong Min)(Rushford, James) Modified on 7/24/2013 (Mena-Sanchez, L).
July 2, 2013 Filing 4 SUMMONS ISSUED as to *Dong Min* with answer to complaint due within *21* days. Attorney *J. David Bournazian* *Baker & Hostetler LLp* *600 Anton Blvd., Suite 900* *Costa Mesa, CA 92626*. (Meuleman, A)
July 2, 2013 Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 9/23/2013 at 02:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Consent Form, #2 VDRP) (Meuleman, A)
July 2, 2013 RECEIPT number #CAE200053533 $400.00 fbo Russell Sigler, Inc. by J. David Bournazian on 7/2/2013. (Meuleman, A)
July 1, 2013 Filing 1 COMPLAINT against Dong Min by Russell Sigler, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet, #5 Certification and Notice of Interested Parties)(Bournazian, J.) Modified on 7/2/2013 (Meuleman, A).

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Defendant: Dong Min
Represented By: James W. Rushford
Represented By: Michael R. Kealy, PHV
Represented By: Joann Rezzo
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Plaintiff: Russell Sigler, Inc.
Represented By: J. David Bournazian
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