Fibertrek, Inc. et al v. Preferred Corporate Services, Inc. et al
Plaintiff: Fibertrek, Inc., Lawrence P Wagner and John G Peery
Defendant: Preferred Corporate Services, Inc., Douglas Gregg, TDG, LLC and Neil Smith
Case Number: 5:2008cv03415
Filed: July 15, 2008
Court: US District Court for the Northern District of California
Office: Contract: Other Office
County: Santa Clara
Presiding Judge: James Ware
Presiding Judge: Richard Seeborg
Nature of Suit: Plaintiff
Cause of Action: Diversity
Jury Demanded By: 28:1332 Diversity-Other Contract

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
November 22, 2010 Opinion or Order Filing 111 ORDER AS MODIFIED BY THE COURT GRANTING 110 Notice of Voluntary Dismissal. Preferred Corporate Services Inc is dismissed without prejudice. As to The Estate of Douglas Gregg, the Dismissal is with prejudice since Defendant Gregg filed an answer on September 3, 2008. See Fed. R. Civ. P. 61(a)(i); (Docket Item No. 12.) This Order resolves all pending claims and parties in this action. Thus, the Clerk shall close this file. Signed by Judge James Ware on 11/22/2010. (ecg, COURT STAFF) (Filed on 11/22/2010)
October 20, 2010 Opinion or Order Filing 109 ORDER CONTINUING SECOND ORDER TO SHOW CAUSE RE: SETTLEMENT; SETTING ALTERNATIVE HEARING FOR MOTION FOR DEFAULT JUDGMENT. Accordingly, on or before November 29, 2010 at 9 a.m., the parties shall appear for an Order to Show Cause re: Settlement or in t he alternative, Plaintiffs' Motion for Default Judgment against Defendant Gregg. Plaintiffs shall file its Motion in accordance with the Civil Local Rules which will be October 25, 2010. If a Stipulated Dismissal is filed on or before November 19, 2010, the hearing will be vacated. No further extension will be granted. Signed by Judge James Ware on 10/19/2010. (ecg, COURT STAFF) (Filed on 10/20/2010)
September 29, 2010 Opinion or Order Filing 107 ORDER CONTINUING HEARING ON SECOND ORDER TO SHOW CAUSE RE: DISMISSAL. Stipulated Dismissal or a Joint Statement due by 10/15/2010. Order to Show Cause Hearing set for 10/25/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon James Ware. To the extent the parties require additional time, the Joint Statement shall clearly set forth the time required. Failure to comply with this Order is sufficient for a dismissal under Fed. R. Civ. P. 41(b). Signed by Judge James Ware on 9/29/2010. (ecg, COURT STAFF) (Filed on 9/29/2010)
September 14, 2010 Opinion or Order Filing 105 SECOND ORDER TO SHOW CAUSE RE DISMISSAL. On or before 9/24/2010, Plaintiffs shall file a Statement in response to this Second Order to ShowCause. The Statement shall include, among other things, a statement as to why Plaintiffs have failed to adhere to the Court's Orders and what steps Plaintiffs are taking to bring this case to a close. Order to Show Cause Hearing set for 10/4/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Failure to comply with this Order is sufficient for a dismissal under Fed. R. Civ. P. 41(b). Signed by Judge James Ware on 9/14/2010. (ecg, COURT STAFF) (Filed on 9/14/2010)
July 9, 2010 Opinion or Order Filing 104 ORDER VACATING ORDER TO SHOW CAUSE RE: DISMISSAL; SETTING HEARING FOR ANTICIPATED MOTIONS FOR DEFAULT JUDGMENT. ***OSC Deadlines terminated. Motion Hearing set for 9/20/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Defendants shall notice and file the Motions in accordance with the Civil Local Rules of the Court. Failure to file the Motions in a timely matter may result in a Fed. R. Civ. P. 41(b) dismissal. Signed by Judge James Ware on 7/9/2010. (ecg, COURT STAFF) (Filed on 7/9/2010)
June 24, 2010 Opinion or Order Filing 100 ORDER TO SHOW CAUSE re Dismissal. In light of the parties' failure to file a Joint Statement, the Court VACATES the 6/28/2010 Case Management Conference. The parties shall appear to Show Cause why this action should not be dismissed for failure to prosecute. Order to Show Cause Hearing set for 7/12/2010 09:00 AM. Show Cause Response due by 7/2/2010. ***Deadlines terminated re 97 Order. Signed by Judge James Ware on 6/24/2010. (ecg, COURT STAFF) (Filed on 6/24/2010)
May 20, 2010 Opinion or Order Filing 97 ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management conference set for 5/24/2010 is continued to 6/28/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. Joint Case Management Statement due by 6/18/2010. The Statement shall include, amon g other things, an update on the status of all remaining parties to the case. Failure to comply with the terms of this Order may resultin appropriate sanctions. On or before 5/28/2010, Plaintiffs shall serve Defendant Linda Gregg with a copy of this Order and the operative complaint. This is the parties' final continuance. Signed by Judge James Ware on 5/20/2010. (ecg, COURT STAFF) (Filed on 5/20/2010)
April 1, 2010 Opinion or Order Filing 94 ORDER GRANTING PARTIAL DISMISSAL re 93 Stipulation. Cross-defendants Preferred Corporate Service, Inc., Corporate Securities, Inc., Fibertrek, Inc., Douglas Gregg, RUSSELL KIDDER, John G Peery, George Roth, James E. Shipley, Neil Smith, TDG, LLC, Lawrence P Wagner, OMAR "MIKE" AVILA and Asset Capital Group, Inc. terminated. Signed by Judge James Ware on 4/1/2010. (ecg, COURT STAFF) (Filed on 4/1/2010)
March 25, 2010 Opinion or Order Filing 90 ORDER VACATING PRELIMINARY PRETRIAL CONFERENCE; MAINTAINING HEARING ON ORDERTO SHOW CAUSE RE: SETTLEMENT ON MARCH 29 CALENDAR. The settling parties shall appear on March 29, 2010 at 9 a.m. to show cause, if any, why the case should not be dismissed pursuant to Fed. R. Civ.P. 41(b). Signed by Judge James Ware on 3/25/2010. (ecg, COURT STAFF) (Filed on 3/25/2010)
March 18, 2010 Opinion or Order Filing 85 ORDER TO SHOW CAUSE RE: SETTLEMENT AND PRELIMINARY PRETRIAL CONFERENCE. In light of the parties' failure to file a Stipulated Dismissal or Joint Statement to update the Court on their progress, or a Joint Preliminary Pretrial Statement as to non -settling Defendants, the Court finds good cause for one final continuance of the hearing. Show Cause Response/the parties shall file either a Stipulated dismissal or a Joint Status Report updating the Court on their settlement efforts due by 3/1 9/2010. Order to Show Cause Hearing set for 3/29/2010 09:00 AM. Preliminary Pretrial Conference set for 3/29/2010. On or before 3/19/2010, the remaining parties shall also file a Joint Preliminary Pretrial Statement. The Statement shall include, among other things, an update on the parties' settlement efforts if any, and the parties' proposed schedules as to how the case should proceed. This is the parties' final continuance. Failure to comply with this Order may result in sanctions. Please see Order for further specifics. Signed by Judge James Ware on 3/18/2010. (ecg, COURT STAFF) (Filed on 3/18/2010) Modified on 3/18/2010 (cv, COURT STAFF).
February 18, 2010 Opinion or Order Filing 84 ORDER TO SHOW CAUSE RE: SETTLEMENT; CONTINUING PRELIMINARY PRETRIAL CONFERENCE AS TO NON-SETTLING DEFENDANT. The 2/22/2010 preliminary pretrial conference is VACATED. Order to Show Cause Hearing set for 3/22/2010 09:00 AM. Parties shall file a joint statement in response to the Show Cause or Stipulated Dismissal pursuant to FRCP 41(a) due by 3/12/2010. Joint Preliminary Pretrial Conference Statement due 3/12/2010. Preliminary Pretrial Conference as to Defendant Douglas Gregg continued t o 3/22/2010 11:00 AM., after the hearing on the Order to Show Cause re: Settlement, in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 2/17/2010. (ecg, COURT STAFF) (Filed on 2/18/2010) Modified on 3/18/2010 (cv, COURT STAFF).
January 21, 2010 Opinion or Order Filing 81 ORDER. Signed by Judge Laporte on 1/21/2010. (edllc1, COURT STAFF) (Filed on 1/21/2010)
June 19, 2009 Opinion or Order Filing 63 STIPULATION AND ORDER TO CONTINUE MEDIATION COMPLETION DATE re 61 Stipulation. Mediation deadline extended to 9/25/2009. Signed by Judge James Ware on 6/19/2009. (ecg, COURT STAFF) (Filed on 6/19/2009)
March 19, 2009 Opinion or Order Filing 49 STIPULATION AND ORDER To Extend Mediation Completion Date re 48 Stipulation filed by Neil Smith. Mediation Deadline continued to 6/25/2009. Signed by Judge James Ware on 3/19/2009. (ecg, COURT STAFF) (Filed on 3/19/2009)
January 12, 2009 Opinion or Order Filing 42 STIPULATION AND ORDER CONTINUING DEADLINE FOR INITIAL DISCLOSURES re 41 Stipulation. Deadline for Initial Disclosures due 1/16/2009. Signed by Judge James Ware on 1/12/2009. (ecg, COURT STAFF) (Filed on 1/12/2009)
November 25, 2008 Opinion or Order Filing 30 ORDER REFERRING CASE to Mediation re 26 Stipulation. Signed by Judge James Ware on 11/25/2008. (ecg, COURT STAFF) (Filed on 11/25/2008)
September 12, 2008 Opinion or Order Filing 15 ORDER. Signed by Judge Richard Seeborg on 9/12/08. (rssec, COURT STAFF) (Filed on 9/12/2008)
September 2, 2008 Opinion or Order Filing 10 ORDER re 9 Stipulation filed by TDG, LLC, Neil Smith. Signed by Judge Richard Seeborg on 9/2/08. (rssec, COURT STAFF) (Filed on 9/2/2008)
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Plaintiff: Fibertrek, Inc.
Represented By: Douglas W. Dal Cielo
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Plaintiff: Lawrence P Wagner
Represented By: Douglas W. Dal Cielo
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Plaintiff: John G Peery
Represented By: Douglas W. Dal Cielo
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Defendant: Preferred Corporate Services, Inc.
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Defendant: Douglas Gregg
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Defendant: TDG, LLC
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Defendant: Neil Smith
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