TOA Systems, Inc. v. TOA Systems, LLC
| TOA Systems, Inc. |
| TOA Systems, LLC |
| 5:2024cv01438 |
| March 8, 2024 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on March 13, 2024. A more recent docket listing may be available from PACER.
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| Filing 30 CLERK'S NOTICE RE: Consent or Declination. All parties are requested to file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 3/27/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 3/13/2024) |
| Filing 29 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/5/2024. Initial Case Management Conference set for 6/12/2024 at 10:00 AM in San Jose, - Telephonic Only. (wsn, COURT STAFF) (Filed on 3/13/2024) |
| Filing 28 Case transferred in from District of Florida Middle; Case Number 6:23-cv-02468. Original file certified copy of transfer order and docket sheet received. |
| Filing 27 CASE ELECTRONICALLY TRANSFERRED to the Northern District of California, San Jose Division. (RPB) |
Filing 26
ORDER Granting #8 Defendant's Motion to Transfer Venue. The Clerk is DIRECTED to transfer this case to the United States District Court for the Northern District of California, San Jose Division, and thereafter, close the file. Signed by Judge Anne C. Conway on 3/7/2024. (KLD)
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| Filing 25 NOTICE of Filing Declaration re #24 Reply to Response to Motion by TOA Systems, LLC (Attachments: #1 Exhibit A - Declaration of Daniel Lyons)(Cammack, Krista) Modified on 2/28/2024 as to docket text (ARL). |
| Filing 24 REPLY to Response to Motion re #8 MOTION to Dismiss Complaint filed by TOA Systems, LLC. (Attachments: #1 Exhibit A - Bank LOC, #2 Exhibit B - Draft May 31, 2022 Promissory Note, #3 Exhibit C - Exhibits for Execution, Including June 1, 2022 Promissory Note, #4 Exhibit D - New Promissory Note 19Dec2022, #5 Exhibit E - Amended and Restated Asset Purchase Agreement 31Dec2022, #6 Exhibit F - Final Executed Promissory Note 31Dec2022)(Cammack, Krista) |
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Filing 23
ORDER directing compliance to Defendant TOA Systems, LLC. Defendant is ORDERED to file a reply to Plaintiff's Response not to exceed ten pages (exclusive of exhibits) within 14 days from the date of this Order which addresses the inconsistencies listed as #1 to #3 above, supported by the appropriate affidavit(s). Following review of Defendants' reply, the Court will decide whether an evidentiary hearing will be required. Signed by Judge Anne C. Conway on 2/12/2024. (KLD)
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Filing 22
STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie Hoffman Price on 2/7/2022. (SFC)
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| Filing 21 CASE REFERRED to Mediation. Designated Lead Counsel is directed to contact opposing counsel, select a mediator off the court's approved list of mediators on the website, contact selected mediator and file a notice with the court within 14 days from the date of this order advising the court of the selected mediator and scheduled mediation date. Mediation to be conducted in person or the parties shall file a motion seeking permission to conduct the mediation by Zoom. Any such motion shall include a statement that the Mediator consents to mediation by Zoom. (KLD) Modified on 2/7/2024, edit text (KLD). |
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Filing 20
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 4/5/2024. Joinder of Parties due by 4/5/2024. Discovery due by 4/1/2025. Dispositive motions due by 4/15/2025. Pretrial statement due by 8/22/2025. All other motions due by 5/14/2025. Plaintiff Disclosure of expert report due by 2/3/2025. Defendant disclosure of expert report due by 3/3/2025. Bench Trial set for trial term commencing on 10/1/2025 at 09:00 AM in Orlando Courtroom 6 A before Judge Anne C. Conway. Conduct mediation hearing by 4/14/2025. Lead counsel to coordinate dates. Signed by Judge Anne C. Conway on 2/7/2024. (KLD)
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| Filing 19 CASE MANAGEMENT REPORT. (Whitehead, Allan) |
| Filing 18 RESPONSE in Opposition re #8 MOTION to Dismiss Complaint filed by TOA Systems, Inc. (Whitehead, Allan) |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested Persons Order Amended by TOA Systems, Inc.. (Whitehead, Allan) |
| Filing 16 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested Persons Order by TOA Systems, LLC identifying Corporate Parent WFn Holdings, Inc. for TOA Systems, LLC. (Cammack, Krista) |
| Filing 15 NOTICE of a related action per Local Rule 1.07(c) by TOA Systems, LLC. Related case(s): Yes (Cammack, Krista) |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested Persons Order by TOA Systems, Inc. identifying Corporate Parent TOA Systems, Inc., Corporate Parent Rodney Bent, Corporate Parent TOA Systems, LLC, Corporate Parent Frese, Whitehead, Anderson & Henderson, P.A., Other Affiliate John davis, Other Affiliate Robert Davis, Other Affiliate Whitehead, Allan P., Other Affiliate Wicker Smith O'Hara McCoy & Ford P.A., Other Affiliate Tim Bent, Other Affiliate Tom Kraus, Other Affiliate Jeff ville, Other Affiliate Craig beam, Other Affiliate Wayne duello, Other Affiliate Scott imhof, Other Affiliate James R. Roosey, Other Affiliate James D. Henderson, James, Other Affiliate Daniel C. "Buck" Lyons, Other Affiliate Krista N. cammack, Other Affiliate Dan B. Law, PLLC, Other Affiliate Daniel S. Bretzius for TOA Systems, Inc. (Whitehead, Allan) Modified on 1/11/2024 (RN). |
| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by TOA Systems, Inc. Related case(s): Yes (Whitehead, Allan) Modified on 1/11/2024 to edit docket text(RN). |
| Filing 12 NOTICE of Lead Counsel Designation by Allan Paxton Whitehead on behalf of TOA Systems, Inc. Lead Counsel: Allan P. Whitehead. (Whitehead, Allan) Modified on 1/11/2024 to edit docket text (AJS). |
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Filing 11
ORDER granting #10 Unopposed Motion for Special Admission. Daniel S. Bretzius, Esq. may specially appear in this case as counsel for Defendant TOA Systems, LLC. Signed by Magistrate Judge Leslie Hoffman Price on 1/9/2024. (SFC)
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| Filing 10 Unopposed MOTION for Daniel S. Bretzius to appear pro hac vice by TOA Systems, LLC. (Cammack, Krista) Motions referred to Magistrate Judge Leslie Hoffman Price. |
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Filing 9
ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #6 Motion for Special Admission. Signed by Magistrate Judge Leslie Hoffman Price on 1/5/2024. (SFC)
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| Filing 8 MOTION to Dismiss Complaint by TOA Systems, LLC. (Attachments: #1 Exhibit A - Asset Purchase Agreement, #2 Exhibit B - Disclosure Schedule, #3 Exhibit C - UCC Financing Statements)(Cammack, Krista) |
| Filing 7 NOTICE of Lead Counsel Designation by Krista Nicole Cammack on behalf of TOA Systems, LLC. Lead Counsel: Daniel S. Bretzius. (Cammack, Krista) |
| Filing 6 MOTION for Daniel S. Bretzius to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21608260 for $150 by TOA Systems, LLC. (Cammack, Krista) Motions referred to Magistrate Judge Leslie Hoffman Price. |
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Filing 5
INITIAL CASE ORDER - Notice of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Parties have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge Anne C. Conway on 12/27/2023. (KLD)
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| Filing 4 NOTICE TO ALL COUNSEL of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (GL) |
| Filing 3 NOTICE TO COUNSEL Daniel S. Bretzius Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; (Signed by Deputy Clerk). (GL) |
| Filing 2 NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Leslie Hoffman Price. New case number: 6:23-cv-2468-ACC-LHP. (RPB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from B 18th Judicial Circuit Court, Brevard County, case number 05-2023-CA-055528-XXXX-XX filed in State Court on 11/17/2023. Filing fee $405, receipt number AFLMDC-21596948 filed by TOA Systems, LLC. (Attachments: #1 State Court COMPLAINT , #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Cammack, Krista) Modified text on 12/27/2023 (GL). |
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| Plaintiff: TOA Systems, Inc. | |
| Represented By: | Allan Paxton Whitehead |
| Represented By: | James Doyle Henderson |
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| Defendant: TOA Systems, LLC | |
| Represented By: | Daniel S Bretzius |
| Represented By: | Krista Nicole Cammack |
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