Laird v. Gianulias et al

Laird v. Gianulias et al

Plaintiff:	Kenneth E. Laird
Defendant:	Gus C. Gianulias and James C. Gianulias
Case Number:	3:2013cv01640
Filed:	April 10, 2013
Court:	US District Court for the Northern District of California
Office:	San Francisco Office
County:	Napa
Presiding Judge:	William H Orrick
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	Defendant

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Docket Report

This docket was last retrieved on August 19, 2013. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 19, 2013	Filing 35 RECEIPT OF ACKNOWLEDGMENT from the Superior Court of California for the County of Napa. Re #33 Order to Remand (aaa, COURT STAFF) (Filed on 8/19/2013)
August 13, 2013	Filing 34 CLERKS NOTICE: Sent by U.S. MAIL a certified copy of #33 Order to Remand, a certified copy of the Civil Docket to the Superior Court of California, County of Napa. Re #33 Order (aaaS, COURT STAFF) (Filed on 8/13/2013)
August 12, 2013	Filing 33 ORDER GRANTING MOTION TO REMAND, DENYING MOTION TO TRANSFER AND DENYING MOTION TO DISMISS COUNERCLAIMS. The Court GRANTS plaintiff's motion to remand, DENIES plaintiff's motion for attorney's fees and costs, and DENIES both defendants' motion to transfer as well as plaintiff's motion to dismiss the counterclaims as MOOT. Signed by Judge William H. Orrick on 08/12/2013. (Case is remanded to the Napa County Superior Court.) (jmdS, COURT STAFF) (Filed on 8/12/2013)
August 7, 2013	Filing 32 Minute Entry: Motion Hearing held on 8/7/2013 before William H. Orrick re #10 MOTION to Remand, #16 MOTION to Transfer Case, and #17 MOTION to Dismiss. Motions taken under advisement; written order to follow. (Court Reporter FTR 2:44-3:15.) (jmdS, COURT STAFF) (Date Filed: 8/7/2013)
July 18, 2013	ADR Remark: ADR Phone Conference held by GDB on 7/18/13. A further ADR Phone Conference has been scheduled for 9/18/13 at 2:00 p.m. Pacific. Please note that the dial-in information remains the same. (sgd, COURT STAFF) (Filed on 7/18/2013)
July 12, 2013	Filing 31 JOINT CASE MANAGEMENT STATEMENT filed by Gus C. Gianulias(as Trustee of the Gus C. and Julie M. Gianulias Family Revocable Trust), Gus C. Gianulias(an individual), James C. Gianulias(as Trustee for the James C. Gianulias Trust Date Oct. 4, 2003), Kenneth E. Laird. (Neri, Geoffrey) (Filed on 7/12/2013)
July 12, 2013	Filing 30 Certificate of Interested Entities by Kenneth E. Laird (Kaplan, Gary) (Filed on 7/12/2013)
July 12, 2013	Filing 29 Certificate of Interested Entities by Gus C. Gianulias(an individual), Gus C. Gianulias(as Trustee of the Gus C. and Julie M. Gianulias Family Revocable Trust), James C. Gianulias(as Trustee for the James C. Gianulias Trust Date Oct. 4, 2003), James C. Gianulias(an individual) (Neri, Geoffrey) (Filed on 7/12/2013)
July 9, 2013	Filing 28 ADR Clerk Notice Setting ADR Phone Conference on 7/18/13 at 2:00 p.m. Pacific. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (sgd, COURT STAFF) (Filed on 7/9/2013)
July 1, 2013	Filing 27 NOTICE by Gus C. Gianulias(an individual), Gus C. Gianulias(as Trustee of the Gus C. and Julie M. Gianulias Family Revocable Trust), James C. Gianulias(as Trustee for the James C. Gianulias Trust Date Oct. 4, 2003), James C. Gianulias(an individual) re #16 MOTION to Transfer Case (Neri, Geoffrey) (Filed on 7/1/2013)
July 1, 2013	Filing 26 NOTICE by Kenneth E. Laird re #10 MOTION to Remand of Action and/or Abstention and for Award of Attorneys Fees and Expenses Against Defendants for Improper Removal], #16 MOTION to Transfer Case , #17 MOTION to Dismiss Counterclaims [NOTICE OF RESCHEDULED HEARING FOLLOWING REASSIGNMENT] (Kaplan, Gary) (Filed on 7/1/2013)
July 1, 2013	Reset Hearing re #10 MOTION to Remand, #16 MOTION to Transfer Case , and #17 MOTION to Dismiss Counterclaims. Per #26 Notice, Motion Hearing reset for 8/7/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. (jmdS, COURT STAFF) (Filed on 7/1/2013)
June 28, 2013	Filing 25 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Neri, Geoffrey) (Filed on 6/28/2013)
June 27, 2013	CASE REASSIGNED to the Honorable William H. Orrick, United States District Judge. All parties must review the reassignment order posted at http://cand.uscourts.gov/orders/who-order.pdf and comply with its requirements, including submitting a case management statement. This is a text only docket entry. The reassignment order associated with this notice may be viewed at http://cand.uscourts.gov/orders/who-order.pdf. Signed by Executive Committee on 6/27/13. (kc, COURT STAFF) (Filed on 6/27/2013)
June 21, 2013	Filing 24 REPLY (re #17 MOTION to Dismiss Counterclaims ) filed byKenneth E. Laird. (Kaplan, Gary) (Filed on 6/21/2013)
June 21, 2013	CLERKS NOTICE CONTINUING MOTIONS TO JULY 9, 2013 ; Continuing Motion Hearing, Set/Reset Deadlines as to #10 MOTION to Remand of Action and/or Abstention and for Award of Attorneys Fees and Expenses Against Defendants for Improper Removal], #16 MOTION to Transfer Case . Motion Hearing set for 7/2/2013 is CONTINUED to 7/9/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (This is a text only docket entry, there is no document associated with this notice.)(fs, COURT STAFF) (Filed on 6/21/2013)
June 18, 2013	Filing 23 REPLY (re #16 MOTION to Transfer Case ) filed byGus C. Gianulias(an individual), Gus C. Gianulias(as Trustee of the Gus C. and Julie M. Gianulias Family Revocable Trust), James C. Gianulias(as Trustee for the James C. Gianulias Trust Date Oct. 4, 2003), James C. Gianulias(an individual). (Neri, Geoffrey) (Filed on 6/18/2013)
June 14, 2013	Filing 22 RESPONSE (re #17 MOTION to Dismiss Counterclaims ) filed byGus C. Gianulias(an individual), Gus C. Gianulias(as Trustee of the Gus C. and Julie M. Gianulias Family Revocable Trust), James C. Gianulias(as Trustee for the James C. Gianulias Trust Date Oct. 4, 2003), James C. Gianulias(an individual). (Neri, Geoffrey) (Filed on 6/14/2013)
June 11, 2013	Filing 21 RESPONSE (re #16 MOTION to Transfer Case ) [Plaintiffs Opposition to Defendants Motion to Transfer Venue] filed byKenneth E. Laird. (Kaplan, Gary) (Filed on 6/11/2013)
June 7, 2013	CLERKS NOTICE Continuing Motion Hearing. Set/Reset Deadlines as to #10 MOTION to Remand of Action and/or Abstention and for Award of Attorneys Fees and Expenses Against Defendants for Improper Removal]. Motion to Remand Hearing set for 6/18/2013 is CONTINUED to Tuesday, 7/2/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (This is a text only docket entry, there is no document associated with this notice.) (fs, COURT STAFF) (Filed on 6/7/2013)
June 4, 2013	Filing 20 OBJECTIONS to Evidence and Motion to Strike Declaration of James C. Gianulias] by Kenneth E. Laird. (Kaplan, Gary) (Filed on 6/4/2013) Modified on 6/5/2013 (cp, COURT STAFF).
June 4, 2013	Filing 19 Request for Judicial Notice re #18 Reply to Opposition/Response, [Request for Judicial Notice in Support of Plaintiffs Reply to Opposition to Plaintiffs Motion for Remand of Action and/or Abstention and for Award of Attorneys Fees Against Defendants for Improper Removal] filed byKenneth E. Laird. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #18 ) (Kaplan, Gary) (Filed on 6/4/2013)
June 4, 2013	Filing 18 REPLY (re #10 MOTION to Remand of Action and/or Abstention and for Award of Attorneys Fees and Expenses Against Defendants for Improper Removal] ) [Plaintiffs Reply to Defendants Opposition] filed byKenneth E. Laird. (Kaplan, Gary) (Filed on 6/4/2013)
May 31, 2013	Filing 17 MOTION to Dismiss Counterclaims filed by Kenneth E. Laird. Motion Hearing set for 7/9/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 6/14/2013. Replies due by 6/21/2013. (Attachments: #1 Exhibit A - [Proposed] Order Re Motion to Dismiss Counterclaims)(Kaplan, Gary) (Filed on 5/31/2013)
May 28, 2013	Filing 16 MOTION to Transfer Case filed by Gus C. Gianulias(an individual), Gus C. Gianulias(as Trustee of the Gus C. and Julie M. Gianulias Family Revocable Trust), James C. Gianulias(as Trustee for the James C. Gianulias Trust Date Oct. 4, 2003), James C. Gianulias(an individual). Motion Hearing set for 7/2/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 6/11/2013. Replies due by 6/18/2013. (Attachments: #1 Proposed Order)(Neri, Geoffrey) (Filed on 5/28/2013)
May 28, 2013	Filing 15 Declaration of James C. Gianulias in Support of #14 Opposition/Response to Motion, filed byGus C. Gianulias(an individual), Gus C. Gianulias(as Trustee of the Gus C. and Julie M. Gianulias Family Revocable Trust), James C. Gianulias(as Trustee for the James C. Gianulias Trust Date Oct. 4, 2003), James C. Gianulias(an individual). (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #14 ) (Neri, Geoffrey) (Filed on 5/28/2013)
May 28, 2013	Filing 14 RESPONSE (re #10 MOTION to Remand of Action and/or Abstention and for Award of Attorneys Fees and Expenses Against Defendants for Improper Removal] ) filed byGus C. Gianulias(an individual), Gus C. Gianulias(as Trustee of the Gus C. and Julie M. Gianulias Family Revocable Trust), James C. Gianulias(as Trustee for the James C. Gianulias Trust Date Oct. 4, 2003), James C. Gianulias(an individual). (Neri, Geoffrey) (Filed on 5/28/2013)
May 13, 2013	Filing 13 Request for Judicial Notice re #10 MOTION to Remand of Action and Motion for Remand of Action and/or Abstention and for Award of Attorneys Fees and Expenses Against Defendants for Improper Removal] filed byKenneth E. Laird. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Related document(s) #10 ) (Kaplan, Gary) (Filed on 5/13/2013) Modified on 5/14/2013 (cpS, COURT STAFF).
May 13, 2013	Filing 12 Declaration of David K. Ismay in Support of #10 MOTION to Remand of Action and/or Abstention and for Award of Attorneys Fees and Expenses Against Defendants for Improper Removal] filed byKenneth E. Laird. (Attachments: #1 Exhibit A)(Related document(s) #10 ) (Kaplan, Gary) (Filed on 5/13/2013) Modified on 5/14/2013 (cpS, COURT STAFF).
May 13, 2013	Filing 11 Declaration of Gary M. Kaplan in Support of #10 MOTION to Remand of Action and/or Abstention and for Award of Attorneys Fees and Expenses Against Defendants for Improper Removal] filed byKenneth E. Laird. (Related document(s) #10 ) (Kaplan, Gary) (Filed on 5/13/2013) Modified on 5/14/2013 (cpS, COURT STAFF).
May 13, 2013	Filing 10 MOTION to Remand of Action and/or Abstention and for Award of Attorneys Fees and Expenses Against Defendants for Improper Removal filed by Kenneth E. Laird. Motion Hearing set for 6/18/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 5/28/2013. Replies due by 6/4/2013. (Attachments: #1 Proposed Order)(Kaplan, Gary) (Filed on 5/13/2013) Modified on 5/14/2013 (cpS, COURT STAFF).
May 7, 2013	Filing 9 AMENDED ANSWER to VERIFIED COMPLAINT , COUNTERCLAIM against Kenneth E. Laird byJames C. Gianulias(an individual), James C. Gianulias(as Trustee for the James C. Gianulias Trust Date Oct. 4, 2003), Gus C. Gianulias(an individual), Gus C. Gianulias(as Trustee of the Gus C. and Julie M. Gianulias Family Revocable Trust); JURY DEMAND. (Neri, Geoffrey) (Filed on 5/7/2013) Modified on 5/8/2013 (cpS, COURT STAFF).
April 22, 2013	Filing 8 CLERKS NOTICE SETTING CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 7/22/2013 02:00 PM before Judge Yvonne Gonzalez Rogers in Courtroom 5, 2nd Floor, Oakland. (Attachments: #1 Standing Order) (fs, COURT STAFF) (Filed on 4/22/2013)
April 19, 2013	Filing 7 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to the case. Signed by Executive Committee on 4/19/13. (sv, COURT STAFF) (Filed on 4/19/2013)
April 19, 2013	Filing 6 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 4/19/2013)
April 17, 2013	Filing 5 DEFENDANTS' ANSWER to Complaint (Notice of Removal) byGus C. Gianulias(as Trustee of the Gus C. and Julie M. Gianulias Family Revocable Trust), Gus C. Gianulias(an individual), James C. Gianulias(an individual), James C. Gianulias(as Trustee for the James C. Gianulias Trust Date Oct. 4, 2003). (Neri, Geoffrey) (Filed on 4/17/2013)
April 17, 2013	Filing 4 Certificate of Interested Entities by Gus C. Gianulias(as Trustee of the Gus C. and Julie M. Gianulias Family Revocable Trust), Gus C. Gianulias(an individual), James C. Gianulias(an individual), James C. Gianulias(as Trustee for the James C. Gianulias Trust Date Oct. 4, 2003) (Neri, Geoffrey) (Filed on 4/17/2013)
April 17, 2013	Filing 3 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Gus C. Gianulias(as Trustee of the Gus C. and Julie M. Gianulias Family Revocable Trust), Gus C. Gianulias(an individual), James C. Gianulias(an individual), James C. Gianulias(as Trustee for the James C. Gianulias Trust Date Oct. 4, 2003).. (Neri, Geoffrey) (Filed on 4/17/2013)
April 10, 2013	Filing 2 ADR SCHEDULING ORDER: Case Management Statement due by 7/12/2013. Case Management Conference set for 7/19/2013 01:30 PM in Courtroom G, 15th Floor, San Francisco. (Attachments: #1 standing order)(ysS, COURT STAFF) (Filed on 4/10/2013)
April 10, 2013	Filing 1 NOTICE OF REMOVAL (No Process); from Napa County Superior Court. Their case number is 26-61130. (Filing fee $350 receipt number 34611085031). Filed byJames C. Gianulias(an individual), James C. Gianulias(as Trustee for the James C. Gianulias Trust Date Oct. 4, 2003), Gus C. Gianulias(an individual), Gus C. Gianulias(as Trustee of the Gus C. and Julie M. Gianulias Family Revocable Trust). (ysS, COURT STAFF) (Filed on 4/10/2013) (Additional attachment(s) added on 4/15/2013: #1 Civil Cover Sheet) (gba, COURT STAFF). (Additional attachment(s) added on 9/15/2015: #2 Receipt) (aaa, COURT STAFF).

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Plaintiff: Kenneth E. Laird
Represented By:	Richard Allen VanDuzer
Represented By:	Gary M. Kaplan
Represented By:	David Keringer Ismay,
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Defendant: Gus C. Gianulias
Represented By:	Geoffrey Alex Neri
Represented By:	Louis R. Miller
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Defendant: James C. Gianulias
Represented By:	Geoffrey Alex Neri
Represented By:	Louis R. Miller
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