QualityBuilt.com, Inc. v. Coast to Coast Engineering Services, Inc. et al
| QualityBuilt.com, Inc. |
| Coast to Coast Engineering Services, Inc. and Does 1 through 20 |
| 3:2007cv00627 |
| April 6, 2007 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Anthony J MJ Battaglia |
| William Q Hayes |
| Contract: Other |
| 28 U.S.C. § 1441 bc |
| Both |
Docket Report
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Filing 52
ORDER: The Motion to Confirm Arbitration Award (Doc. #47 ) is deemed moot, with leave to refile upon the lifting of the automatic stay. Signed by Judge William Q. Hayes on 10/14/2009. (mdc)(kaj).
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| Filing 51 NOTIFICATION OF BANKRUPTCY AS TO QUALITYBUILT.COM - Filed as NOTICE by QualityBuilt.com, Inc. Notice of Bankruptcy Case Filing and Suggestion of Stay (Attachments: #1 Proof of Service)(Keehn, L) Modified on 8/26/2009 - Edited event title in text; sent e-mail to atty re correct event, and re s/signature on attached service document. (mdc) |
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Filing 50
ORDER granting #48 Motion to Withdraw and Strike Document Numbers #44 and #45 from the Docket. Signed by Judge William Q. Hayes on 7/15/09. (lao)(jrl).
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Filing 49
MINUTE ORDER: Plaintiff may file any response to the Ex Parte Motion to Withdraw Document #48 on or before Friday, July 17, 2009 by Judge William Q. Hayes on 7/15/2009. (sxd)
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| Filing 48 Ex Parte MOTION to Withdraw #45 Notice of Withdrawal of Document, #44 MOTION To Confirm Arbitration Award, Ex Parte MOTION to Strike Document Numbers 44 and 45 from the Docket by Coast to Coast Engineering Services, Inc. (Attachments: #1 Proof of Service)(Bryant, Timothy) (mdc) |
| Filing 47 Amended MOTION Confirm Arbitration Award by Coast to Coast Engineering Services, Inc.. (Attachments: #1 Memo of Points and Authorities Amended Memo of Points and Authorities In Support of Motion to Confirm Arbitration Award, #2 Exhibit Table of Contents, #3 Exhibit A: Master Services and Licensing Agreement, #4 Exhibit B: Award of Arbitrator, #5 Exhibit C: Order Granting Stipulated Motion to Amend Award of Arbitrator, #6 Exhibit D: Order for Case to Proceed to Arbitration, #7 Exhibit E: Judgment in a Civil Case, #8 Exhibit Amended Exhibit F: Notice of Appointment of Arbitrator, #9 Proof of Service)(Bryant, Timothy) (mdc) |
| Filing 46 AMENDED DOCUMENT by Coast to Coast Engineering Services, Inc.. Amendment to #44 MOTION To Confirm Arbitration Award Amended Exhibit F to Memo of Points and Authorities In Support of Motion to Confirm Arbitration Award. (Attachments: #1 Proof of Service)(Bryant, Timothy) Modified on 7/13/2009 - Spoke w/ atty's office re amending motion documents. (mdc) |
| Filing 45 DOCUMENT STRICKEN per entry #50 - NOTICE OF WITHDRAWAL OF DOCUMENT by Coast to Coast Engineering Services, Inc. Withdrawal of Exhibit F to Memo of Points and Authorities In Support of Motion to Confirm Arbitration Award. (Bryant, Timothy) Modified on 7/13/2009 - Spoke w/ atty's office re proper filing of notice of withdrawal. (mdc) Modified text on 7/23/2009 to reflect document stricken (lao). |
| Filing 44 DOCUMENT STRICKEN per entry #50 - AMENDED MOTION FILED AS DOC. #47 - MOTION To Confirm Arbitration Award by Coast to Coast Engineering Services, Inc.. (Attachments: # 1 Memo of Points and Authorities In Support of Motion to Confirm Arbitration Award, # 2 Exhibit Table of Contents, # 3 Exhibit A: Master Services and Licensing Agreement, # 4 Exhibit B: Award of Arbitrator, # 5 Exhibit C: Order Granting Stipulated Motion to Amend Award of Arbitrator, # 6 Exhibit D: Order for Case to Proceed to Arbitration, # 7 Exhibit E: Judgment in a Civil Case, # 8 Exhibit F: Notice of Appointment of Arbitrator, # 9 Proof of Service)(Bryant, Timothy) Modified on 7/13/2009 to indicate amended filing status; this pending motion (Doc. # 44) termed. (mdc) Modified text on 7/23/2009 to reflect document stricken (lao). |
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Filing 43
ORDER (Re Doc. #41 ): Criterium's Unopposed Motion to Confirm the Arbitrator's 10/30/2008 Discovery Order is granted. Signed by Judge William Q. Hayes on 11/26/2008. (mdc)
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| Filing 42 CERTIFICATE OF SERVICE by Coast to Coast Engineering Services, Inc. re #41 MOTION to Confirm Arbitrator's October 30, 2008 Order (Bryant, Timothy) (mdc) |
| Filing 41 MOTION to Confirm Arbitrator's October 30, 2008 Order by Coast to Coast Engineering Services, Inc.. (Attachments: #1 Exhibit 1--Arbitrator's October 30 Order, #2 Exhibit 2--Arbitrator's January 4, 2008 Order, #3 Exhibit 3--Arbitrator's February 14, 2008 Order)(Bryant, Timothy) Modified on 11/12/2008 - Sent e-mail to atty re missing certificate of service. (mdc) |
| Filing 40 CLERK'S JUDGMENT: The Motion to Enjoin Arbitration is denied, and the Motion to Compel Arbitration is granted. All claims and counterclaims are dismissed without prejudice. The parties are Ordered to proceed to arbitration in accordance with the terms of the Agreement. (mdc)(bar). |
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Filing 39
ORDER DISMISSING CASE Without Prejudice. The #26 Motion to Enjoin Arbitration is Denied, and the #33 Motion to Compel Arbitration is Granted. All claims and counterclaims are dismissed without prejudice. The parties are Ordered to proceed to arbitration in accordance with the terms of the Agreement. Signed by Judge William Q. Hayes on 08/03/07. (jcj) Modified on 8/22/07 to add "without prejudice" clause. (mdc)
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Filing 38
ORDER continuing Telephonic Case Management Conference to 8/29/2007 09:00 AM in Courtroom A before Magistrate Judge Anthony J. Battaglia. Signed by Judge Anthony J. Battaglia on 06/26/07. (jpp)
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| Filing 37 NOTICE of Appearance by Jason Keith Petrek on behalf of QualityBuilt.com, Inc. (Attachments: #1 Proof of Service Re Notice of Appearance of Jason K. Petrek)(Petrek, Jason) |
| Filing 36 NOTICE of Appearance by George E Fleming on behalf of QualityBuilt.com, Inc. (Attachments: #1 Proof of Service Re Notice of Appearance of Shannon D. Sweeney)(Fleming, George) |
| Filing 35 REPLY to Response to Motion re #26 MOTION to Enjoin Arbitration and Strike Arbitration Clause filed by Coast to Coast Engineering Services, Inc.. (Attachments: #1 Declaration of H. Alan Mooney In Support of Reply#2 Exhibit 1 to Declaration of H. Alan Mooney#3 Exhibit 2 to Declaration of H. Alan Mooney#4 Exhibit 3 to Declaration of H. Alan Mooney#5 Declaration of Timothy J. Bryant In Support of Reply#6 Declaration of Lydia H. Atwood In Support of Reply#7 Exhibit 1 to Declaration of Lydia H. Atwood#8 Exhibit 2 to Declaration of Lydia H. Atwood#9 Exhibit 3 to Declaration of Lydia H. Atwood#10 Exhibit 4 to Declaration of Lydia H. Atwood#11 Proof of Service)(Bryant, Timothy) (5/29/07 - Sent QC mail re use of s/ signature format.) (mdc) |
| Filing 34 MINUTE ORDER: The Joint Motion for Order Extending Filing Dates #32 is GRANTED. No later than ten days after the date the Court issues an order ruling on Defendant's Motion to Enjoin Arbitration #26 , Plaintiff QualityBuilt.com shall respond to the Counterclaims and may file an amended complaint. (sxd) |
| Filing 33 RESPONSE in Opposition re #26 MOTION to Enjoin Arbitration and Strike Arbitration Clause and Motion to Compel Arbitration of All Claims filed by QualityBuilt.com, Inc.. (Attachments: #1 Declaration of Shannon Sweeney in Support of Opposition#2 Exhibit to Declaration of Shannon Sweeney#3 Declaration of Stanley R. Luhr in Support of Opposition#4 Exhibit to Declaration of Stanley J. Luhr#5 Declaration of Carmen McCormick in Support of Opposition#6 Declaration of Elizabeth Michaelis In Support of Opposition#7 Exhibit 1-7 to Declaration of Elizabeth Michaelis#8 Exhibit 8-18 to Declaration of Elizabeth Michaelis#9 Proof of Service of Cristina L. Conroy Re Opposition to Motion to Enjoin Arbitration and Strike Arbitration Clause and Motion to Compel Arbitration of All Claims)(Petrek, Jason) (5/18/07 - Sent QC mail to Mr. Petrek; he is not associated with this case; also s/ signature on main document is for Shannon D. Sweeney who also is not associated with this case; requested they submit notices of appearance.) (mdc) |
| Filing 32 Joint MOTION for Extension of Time to File Response/Reply to Counterclaims filed by Criterium by QualityBuilt.com, Inc.. (Attachments: #1 [Proposed] Order)(Fleming, George) (5/16/07 - Sent QC mail re proposed orders being filed.) (mdc) |
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Filing 31
ORDER VACATING Early Neutral Evaluation Conference; SETTING Case Management Conference: Due to the pending Motion to Enjoin Arbitration ( #26 ) before Judge William Q. Hayes, the Court finds the 6/4/07 Early Neutral Evaluation Conference inappropriate at this time and it is VACATED. A telephonic Case Management Conference shall be held on 6/29/07 at 09:00 AM. Signed by Magistrate Judge Anthony J. Battaglia on 5/9/07. (mdc)(bar, ).
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| Filing 30 NOTICE by QualityBuilt.com, Inc. of Early Neutral Evaluation Conference (Attachments: #1 Exhibit to Notice of Early Neutral Evaluation Conference#2 Proof of Service to Notice of Early Neutral Evaluation Conference)(Fleming, George) |
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Filing 29
ORDER Setting Early Neutral Evaluation Conference; Briefing Schedule And Briefing Requirements: An Early Neutral Evaluation will be held on 6/4/07 at 10:00 AM in the chambers of Magistrate Judge Anthony J. Battaglia. Signed by Magistrate Judge Anthony J. Battaglia on 4/25/07. (mdc) (bar, ).
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| Filing 28 NOTICE by Coast to Coast Engineering Services, Inc. re #25 Answer to Complaint, Counterclaim,, Exhibit B to Answer (Taylor, Frederick) |
| Filing 27 NOTICE by Coast to Coast Engineering Services, Inc. re #25 Answer to Complaint, Counterclaim,, Exhibit A to Answer (Ludwig, Frederic) |
| Filing 26 MOTION to Enjoin Arbitration and Strike Arbitration Clause by Coast to Coast Engineering Services, Inc.. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Enjoin Arbitration and Strike Arbitration Clause#2 Proof of Service re Motion to Enjoin Arbitration and Strike Arbitration Clause)(Taylor, Frederick) - No Oral Argument Unless Requested by The Court. Modified on 4/25/07 to remove extra word motion in document title; add note re oral argument. (mdc) |
| Filing 25 Coast to Coast Engineering Services, Inc dba Criterium Engineers ANSWER to Complaint Affirmative Defenses and, COUNTERCLAIM against QualityBuilt.com, Inc. by Coast to Coast Engineering Services, Inc.. (Attachments: #1 Proof of Service)(Taylor, Frederick) |
| Filing 24 PRO HAC VICE APPOINTED: Timothy J Bryant appearing for Defendant Coast to Coast Engineering Services, Inc. (jcj) |
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Filing 20
ORDER: The matter before the Court is the Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue, issued by the Superior Court of the State of California, County of San Diego, on 4/5/07, and, after removal, modified by this Court on 4/11/07. The Court finds that QualityBuilt has failed to meet its burden of showing that preliminary injunctive relief is warranted. Therefore, the Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue is hereby dissolved. Signed by Judge William Q. Hayes on 4/18/07. (mdc) (bar, ).
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| Filing 23 DECLARATION of Elizabeth Michaelis by Plaintiff QualityBuilt.com, Inc. (mdc) (bar, ). |
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Filing 21
ORDER: The Joint Motion for Order to Seal Court Records ( #14 ) is GRANTED. The Clerk of the Court shall seal the following documents: the Atwood Declaration and all attached exhibits; the Mooney Declaration and all attached exhibits; and the Tinsman Declaration and all attached exhibits. Signed by Judge William Q. Hayes on 4/16/07. (mdc) (bar, ).
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| Filing 19 Minute Entry for proceedings held before Judge William Q. Hayes : Motion Hearing held on 4/17/2007 re #11 Motion for Temporary Restraining Order. Court will issue a written decision. The TRO in place shall remain in place until the court issues the written decision. (Court Reporter Mauralee Ramirez).(Plaintiff Attorney Gerorge Flemming and Jason Petrek).(Defendant Attorney Frederick Taylor and Timothy Bryant). (sxd) |
| Filing 18 MINUTE ORDER granting #15 Motion for Leave to File Excess Pages (sxd) |
| Filing 17 CERTIFICATE OF SERVICE (re Doc. # 22) by Coast to Coast Engineering Services, Inc. of Declarations Filed Under Seal (Taylor, Frederick) Modified on 4/23/07 to add note re Doc. # 22. (mdc) |
| Filing 16 RESPONSE in Opposition re #11 Supplemental MOTION to Supplement Or Extend Temporary Restraining Order or Alternatively Converting It To A Preliminary Injunction filed by Coast to Coast Engineering Services, Inc.. (Attachments: #1 Declaration #2 Proof of Service)(Taylor, Frederick) |
| Filing 15 Ex Parte MOTION for Leave to File Excess Pages by Coast to Coast Engineering Services, Inc.. (Attachments: #1 Proof of Service)(Taylor, Frederick) |
| Filing 14 Joint MOTION File Documents Under Seal by Coast to Coast Engineering Services, Inc.. (Taylor, Frederick) |
| Filing 13 PRO HAC VICE APPOINTED: Stephen D Wilson appearing for Defendant Coast to Coast Engineering Services, Inc. (jcj) |
| Filing 12 NOTICE OF LODGMENT OF FOREIGN AUTHORITIES - (Originally filed as NOTICE) by QualityBuilt.com, Inc. re #11 Supplemental MOTION to Supplement Or Extend Temporary Restraining Order or Alternatively Converting It To A Preliminary Injunction (Notice of Lodgment of Foreign Authorities in Support) (Attachments: #1 Exhibit to Notice of Lodgment of Foreign Authorities#2 Proof of Service to Notice of Lodgment of Foreign Authorities)(Fleming, George) Modified on 4/20/07 to clarify document title. (mdc) |
| Filing 11 Supplemental MOTION to Supplement Or Extend Temporary Restraining Order or Alternatively Converting It To A Preliminary Injunction by QualityBuilt.com, Inc.. (Attachments: #1 Exhibit to Memorandum In Support of Extending The Temporary Restraining Order Or Alternatively Converting It To a Preliminary Injunction#2 Declaration of George E. Fleming#3 Exhibit To Declaration of George E. Fleming#4 Declaration of Elizabeth Michaelis#5 Exhibit To Declaration of Elizabeth Michaelis#6 Proof of Service to Memorandum, and Declarations)(Fleming, George) |
| Filing 10 MINUTE ORDER: Defendant may file any opposition to extending the TRO no later than 4/16/2007 by 1:00 PM. All other deadlines set by the Court's 4/11/2007 Order remain in effect. (sxd) |
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Filing 9
ORDER GRANTING Joint Motion to Seal Certain Documents: The Joint Motion ( #8 ) is hereby GRANTED. Signed by Judge William Q. Hayes on 4/12/07. (mdc)(bar, ).
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| Filing 8 Joint MOTION to Seal Document (for Order Sealing Court Records) by QualityBuilt.com, Inc.. (Attachments: #1 Proof of Service Re Joint Motion for Order Sealing Court Records)(Fleming, George) |
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Filing 7
ORDER: Defendant Coast to Coast Engineering Services, Inc.'s Application for Modification ( #2 ) is GRANTED. The TRO issued by the state court in this action is hereby modified as follows: (1) Kitchell Contractors is no longer "keyed" as "A" or "D" on the list attached to the TRO. (2) The TRO shall expire on 4/17/07, unless extended by stipulation or by order of the Court. (3) Plaintiff shall submit to this Court under seal a complete copy of the TRO issued by the state court, including all attachments, no later than 4/13/07 at 05:00 PM. (4) On 4/17/07 at 01:00 PM in courtroom 4, the Court will conduct a hearing on whether to extend the TRO. (5) No later than 4/13/07 at 05:00 PM, Plaintiff may file any supplemental materials in support of extending the TRO. (6) No later than 4/14/07 at 05:00 PM, Defendant may file any opposition to extending the TRO. Signed by Judge William Q. Hayes on 4/11/07. (mdc) Per chambers, modified on 4/11/07 to replace image. (mdc) (bar, ).
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| Filing 6 REPLY TO #4 RESPONSE TO MOTION - (Originally filed as REPLY re #2 MOTION to Clarify, #4 Response in Opposition to Motion,,) filed by Coast to Coast Engineering Services, Inc.. (Attachments: #1 Proof of Service)(Ferguson, Lisel) Modified on 4/16/07 to correct document title. (mdc) |
| Filing 5 NOTICE of Appearance by Lisel Ferguson on behalf of Coast to Coast Engineering Services, Inc. (Attachments: #1 Proof of Service)(Ferguson, Lisel) |
| Filing 4 RESPONSE in Opposition re #2 MOTION to Clarify April 5, 2007 Temporary Restraining Order filed by QualityBuilt.com, Inc.. (Attachments: #1 Affidavit Beth Michaelis in Support of Opposition to Ex Parte Application For Modification and/or Clarification of April 5, 2007 Temporary Restraining Order#2 Exhibit to Declaration of Beth Michaelis in Support of QualityBuilt.com, Inc.'s Opposition to Ex Parte Application for Modification and/or Clarification of April 5, 2007 Temporary Restraining Order#3 Proof of Service Re QualityBuilt.com, Inc.'s Opposition to Ex Parte Application)(Fleming, George) |
| Filing 3 MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge William Q. Hayes for all further proceedings. Judge Dana M. Sabraw no longer assigned to case. By Order of Court on 4/9/07. (mdc) (bar, ). Modified on 4/10/07 to edit text. (mdc) |
| Filing 2 Ex Parte Application for Modification and/or Clarification of 04/05/07 Temporary Restraining Order, by Coast to Coast Engineering Services, Inc. (Attachments: #1 Declaration)(jcj) |
| Filing 1 NOTICE OF REMOVAL t/w Complaint and Jury Demand, from Superior Court of California, County of San Diego, case number 37-2007-00064426-CU-IP-CTL ( Filing fee $ 350, receipt #136882), filed by Coast to Coast Engineering Services, Inc. (Attachments: #(1) part 2 #(2) part 3)(jcj)(mam). - REDACTED PAGES INSERTED & SEALED DOCUMENTS REMOVED per 4/12/07 Order ( #9 ). Modified on 4/12/07 to add note (in bold). (mdc) |
| Filing 1 NOTICE OF REMOVAL t/w Complaint and Jury Demand, from Superior Court of California, County of San Diego, case number 37-2007-00064426-CU-IP-CTL ( Filing fee $ 350, receipt #136882), filed by Coast to Coast Engineering Services, Inc. (Attachments: #(1) part 2 #(2) part 3)(jcj)(mam). - REDACTED PAGES INSERTED & SEALED DOCUMENTS REMOVED per 4/12/07 Order ( 9 ). Modified on 4/12/07 to add note (in bold). (mdc) |
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