CG Enterprises Holdings, LLC et al v. WSP USA, Inc. et al
| CG ENTERPRISES HOLDINGS, LLC and Stephen M Coon |
| WSP USA, INC., WSP USA BUILDINGS, INC. and kW MISSION CRITICAL ENGINEERING, D.P.C. |
| 3:2024cv00292 |
| January 17, 2024 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Lisa J Cisneros |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 41 Transcript of Proceedings held on 2/21/2024, before Judge Vince Chhabria. Court Reporter Rhonda L. Aquilina, rhondaaquilina@aol.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #37 Transcript Order ) Release of Transcript Restriction set for 5/29/2024. (Related documents(s) #37 ) (Aquilina, Rhonda) (Filed on 2/29/2024) |
Filing 40
ORDER denying #38 Administrative Motion as moot in light of the Court's #39 Order. Signed by Judge Vince Chhabria on 2/26/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc2, COURT STAFF) (Filed on 2/26/2024)
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Filing 39
ORDER denying #6 Motion for Temporary Restraining Order and granting #24 Motion to Stay pending arbitration. Signed by Judge Chhabria on 2/26/2024. (vclc2, COURT STAFF) (Filed on 2/26/2024)
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| Filing 38 Joint ADMINISTRATIVE MOTION LEAVE TO FILE OVERSIZED BRIEF filed by WSP USA BUILDINGS, INC., WSP USA, INC.. Responses due by 2/27/2024. (Attachments: #1 Exhibit A - Reply ISO Motion to Dismiss, #2 Proposed Order)(Stone, Samuel) (Filed on 2/23/2024) |
| Filing 37 TRANSCRIPT ORDER for proceedings held on 2/21/2024 before Judge Vince Chhabria by WSP USA BUILDINGS, INC., WSP USA, INC., kW MISSION CRITICAL ENGINEERING, D.P.C., for Court Reporter Rhonda Aquilina. (Patel, Nipun) (Filed on 2/22/2024) |
| Filing 36 Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held via Zoom on 2/21/2024 re #6 MOTION for Temporary Restraining Order filed by Stephen M Coon. Oral arguments made and heard. Court to issue written ruling. Total Time in Court: 1 hour, 10 minutes. Court Reporter: Rhonda Aquilina. Plaintiff Attorney: Scott Gibson. Defendant Attorney: Nipun Patel, Justin Kadoura. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Date Filed: 2/21/2024) |
| Filing 35 REPLY (re #6 MOTION for Temporary Restraining Order ) filed byCG ENTERPRISES HOLDINGS, LLC, Stephen M Coon. (Gibson, Scott) (Filed on 2/20/2024) |
| Filing 34 OPPOSITION/RESPONSE (re #24 MOTION to Dismiss ) filed byCG ENTERPRISES HOLDINGS, LLC, Stephen M Coon. (Attachments: #1 Declaration, #2 Declaration)(Gibson, Scott) (Filed on 2/16/2024) |
| Filing 33 CLERK'S NOTICE PROVIDING ZOOM ACCESS AND REQUIRING ADVANCE REGISTRATION OF COUNSEL RE 2/21/2024 HEARING. #6 MOTION for Temporary Restraining Order Hearing set for 2/21/2024 at 10:00 AM by Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Tuesday, February 20, 2024, by no later than 12:00PM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 2/16/2024) |
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Filing 32
ORDER. A hearing on the motion for a temporary restraining order will take place Wednesday, February 21 at 10:00 a.m. over Zoom. The plaintiffs should file a reply by 10:00 a.m. on Tuesday, February 20. Signed by Judge Vince Chhabria on 2/16/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc2, COURT STAFF) (Filed on 2/16/2024)
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| Filing 31 OPPOSITION/RESPONSE (re #6 MOTION for Temporary Restraining Order ) filed byWSP USA BUILDINGS, INC., WSP USA, INC., kW MISSION CRITICAL ENGINEERING, D.P.C.. (Attachments: #1 Declaration of Kenneth Clausen in Support of Opposition to Ex Parte Application for TRO)(Patel, Nipun) (Filed on 2/14/2024) |
| Filing 30 CLERK'S NOTICE RE #29 . #24 MOTION to Dismiss Hearing set for 3/14/2024 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 2/14/2024) |
| Filing 29 Renotice motion hearing re #24 MOTION to Dismiss filed byWSP USA BUILDINGS, INC., WSP USA, INC., kW MISSION CRITICAL ENGINEERING, D.P.C.. (Related document(s) #24 ) (Stone, Samuel) (Filed on 2/13/2024) |
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Filing 28
ORDER. The defendants are ordered to file a response to plaintiffs' #6 Motion for a Temporary Restraining Order by Wednesday, February 14. Signed by Judge Vince Chhabria on 2/12/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc2, COURT STAFF) (Filed on 2/12/2024)
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| Filing 27 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing according to Judge Chhabria's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. Joint Case Management Statement due by 4/26/2024. Initial Case Management Conference set for 5/3/2024 at 10:00 AM by Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Friday, April 26, 2024, by no later than 12:00PM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 2/8/2024) |
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Filing 26
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Judge Charles R. Breyer no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 2/8/24. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 2/8/2024)
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Filing 25
ORDER OF RECUSAL. Signed by Judge Charles R. Breyer on 2/5/2024. (ls, COURT STAFF) (Filed on 2/5/2024)
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| Filing 24 MOTION to Dismiss filed by WSP USA BUILDINGS, INC., WSP USA, INC., kW MISSION CRITICAL ENGINEERING, D.P.C.. Motion to Dismiss Hearing set for 3/8/2024 10:00 AM in Oakland, Courtroom 6, 2nd Floor. Responses due by 2/16/2024. Replies due by 2/23/2024. (Attachments: #1 Declaration of Kenneth Clausen, #2 Proposed Order Granting Motion To Dismiss Per Fed. Rules of Civ. Proc. 12(B)(2),(3) and (6) or..Stay This Action per 9 U.S.C. 3, or Transfer per 28 U.S.C. 1404(a))(Stone, Samuel) (Filed on 2/2/2024) |
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Filing 23
STIPULATION AND ORDER RE: JOINT STIPULATION AND REQUEST TO EXTEND THE PAGE LIMIT FOR DEFENDANTS FORTHCOMING MOTION TO DISMISS OR STAY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b) by Judge Charles R. Breyer: Granting #22 Stipulation. (ls, COURT STAFF) (Filed on 2/2/2024)
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| Filing 22 STIPULATION WITH PROPOSED ORDER filed by WSP USA BUILDINGS, INC., WSP USA, INC., kW MISSION CRITICAL ENGINEERING, D.P.C., CG Enterprise Holdings, LLC and Stephen Coon. (Attachments: #1 Proposed Order re Joint Stipulation and Request to Extend the Page Limit for Defendants'Motion to Dismiss or Stay Pursuant to Federal Rule of Civil Procedure 12(b))(Stone, Samuel) (Filed on 2/1/2024) Modified on 2/2/2024 (jml, COURT STAFF). |
| Filing 21 ACKNOWLEDGEMENT OF SERVICE Executed January 17, 2024 Acknowledgement filed by WSP USA BUILDINGS, INC., WSP USA, INC., kW MISSION CRITICAL ENGINEERING, D.P.C.. (Stone, Samuel) (Filed on 2/1/2024) |
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Filing 20
ORDER by Judge Charles R. Breyer: Granting #19 Motion for Pro Hac Vice, Scott F. Gibson. (ls, COURT STAFF) (Filed on 1/29/2024)
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| Filing 19 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19045922.) Filing fee previously paid on 01/22/2024 filed by CG ENTERPRISES HOLDINGS, LLC, Stephen M Coon. (Gibson, Scott) (Filed on 1/26/2024) |
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Filing 18
ORDER by Judge Charles R. Breyer: Granting #16 Motion for Pro Hac Vice, Justin Kadoura. (ls, COURT STAFF) (Filed on 1/26/2024)
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Filing 17
ORDER by Judge Charles R. Breyer: Granting #15 Motion for Pro Hac Vice, Nipun Patel. (ls, COURT STAFF) (Filed on 1/26/2024)
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| Filing 16 MOTION for leave to appear in Pro Hac Vice Justin Kadoura ( Filing fee $ 328, receipt number BCANDC-19057663.) filed by WSP USA BUILDINGS, INC., WSP USA, INC., kW MISSION CRITICAL ENGINEERING, D.P.C.. (Kadoura, Justin) (Filed on 1/25/2024) |
| Filing 15 MOTION for leave to appear in Pro Hac Vice Nipun Patel ( Filing fee $ 328, receipt number ACANDC-19057611.) filed by WSP USA BUILDINGS, INC., WSP USA, INC., kW MISSION CRITICAL ENGINEERING, D.P.C.. (Patel, Nipun) (Filed on 1/25/2024) |
| Filing 14 Summons Issued as to WSP USA BUILDINGS, INC., WSP USA, INC., kW MISSION CRITICAL ENGINEERING, D.P.C.. (anj, COURT STAFF) (Filed on 1/24/2024) |
| Filing 13 Certificate of Interested Entities by WSP USA BUILDINGS, INC., WSP USA, INC., kW MISSION CRITICAL ENGINEERING, D.P.C. identifying Corporate Parent WSP USA Buildings Inc. for kW MISSION CRITICAL ENGINEERING, D.P.C.; Corporate Parent CPP Investment Board, Corporate Parent WSP USA Holdings, Inc., Corporate Parent WSP Group Holding LLC, Corporate Parent WSP Group Consulting Inc., Corporate Parent WSP Global Inc., Corporate Parent Caisse de Depot et Placement de Quebec for WSP USA BUILDINGS, INC.; Corporate Parent WSP USA BUILDINGS, INC., Corporate Parent Parsons Brinckerhoff Holdings Inc. for WSP USA, INC.. (Stone, Samuel) (Filed on 1/23/2024) |
| Filing 12 Proposed Summons. (Attachments: #1 Summons, #2 Summons)(Parmelee, Jay) (Filed on 1/23/2024) |
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Filing 11
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Lisa J. Cisneros no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 1/23/2024. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 1/23/2024)
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| Filing 10 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (bns, COURT STAFF) (Filed on 1/23/2024) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by WSP USA BUILDINGS, INC., WSP USA, INC., kW MISSION CRITICAL ENGINEERING, D.P.C... (Stone, Samuel) (Filed on 1/23/2024) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by CG ENTERPRISES HOLDINGS, LLC, Stephen M Coon.. (Parmelee, Jay) (Filed on 1/23/2024) |
| Filing 7 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19045922.) filed by CG ENTERPRISES HOLDINGS, LLC, Stephen M Coon. (Gibson, Scott) (Filed on 1/22/2024) |
| Filing 6 MOTION for Temporary Restraining Order: Application was filed in state court filed by Stephen M Coon. (anj, COURT STAFF) (Filed on 1/22/2024 Originally filed in State Court on 1/16/2024) Modified on 1/22/2024 (anj, COURT STAFF). |
| Filing 5 CERTIFICATE OF SERVICE by WSP USA BUILDINGS, INC., WSP USA, INC., kW MISSION CRITICAL ENGINEERING, D.P.C. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stone, Samuel) (Filed on 1/19/2024) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/11/2024. Initial Case Management Conference set for 4/18/2024 01:30 PM in San Francisco, Courtroom G, 15th Floor. (jml, COURT STAFF) (Filed on 1/18/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 3 Case assigned to Magistrate Judge Lisa J. Cisneros. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/1/2024. (anj, COURT STAFF) (Filed on 1/18/2024) |
| #Electronic filing error. Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, enter all affiliates or corporate parents. Re: #2 Certificate of Interested Entities, filed by WSP USA, INC., kW MISSION CRITICAL ENGINEERING, D.P.C., WSP USA BUILDINGS, INC. (jml, COURT STAFF) (Filed on 1/18/2024) |
| Filing 2 Certificate of Interested Entities by WSP USA BUILDINGS, INC., WSP USA, INC., kW MISSION CRITICAL ENGINEERING, D.P.C. identifying Corporate Parent WSP USA, INC. for kW MISSION CRITICAL ENGINEERING, D.P.C.; Corporate Parent WSP USA Holdings, Inc. for WSP USA BUILDINGS, INC.; Corporate Parent WSP USA BUILDINGS, INC. for WSP USA, INC.. (Stone, Samuel) (Filed on 1/17/2024) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, Count of Sonoma. Their case number is 24CV00024. (Filing fee $405 receipt number ACANDC-19031768). Filed by WSP USA BUILDINGS, INC., WSP USA, INC., kW MISSION CRITICAL ENGINEERING, D.P.C.. (Attachments: #1 Exhibit A, #2 Declaration of Samuel J. Stone ISO Notice of Removal, #3 Declaration of Kenneth Clausen ISO Notice of Removal, #4 Civil Cover Sheet)(Stone, Samuel) (Filed on 1/17/2024) |
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