Express Companies, Inc. v. Mitel Technologies, Inc. et al
| Express Companies, Inc. |
| Mitel NetSolutions, Inc., Mitel Leasing, Inc., Does 1 Through 10, John L. Gardner and Mitel Technologies, Inc. |
| 3:2012cv02818 |
| November 21, 2012 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| Mitchell D Dembin |
| Thomas J Whelan |
| Contract: Other |
| 28 U.S.C. § 1441 bc |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 3, 2014. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 51 NOTICE of Voluntary Dismissal by Express Companies, Inc. (Attachments: #1 Proof of Service)(Johnston, Thomas). (jah). |
| Filing 50 NOTICE of Teleconference Information Sheet, re #49 Order Scheduling Settlement Disposition Conference. (mkz) |
Filing 49
Order Following Early Neutral Evaluation Conference: The Court held an ENE on 12/11/13. A telephonic Settlement Disposition Conference is set for 1/31/2014 at 09:15 AM before Magistrate Judge Mitchell D. Dembin. If a joint motion to dismiss is filed before the SDC, no appearance will be necessary and the conference will be taken off calendar. Signed by Magistrate Judge Mitchell D. Dembin on 12/12/2013.(mkz)
|
| Filing 48 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Early Neutral Evaluation Conference held on 12/11/2013. The Court will issue an order scheduling a telephonic settlement disposition conference as discussed with the parties.(Plaintiff Attorney T.C. Johnston, Matthew Henry). (Defendant Attorney Tami Vail, Joe Ward). (no document attached) (mkz) |
| Filing 47 Summons Issued on Third Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (srm) |
|
Filing 46
ORDER granting #44 joint motion to continue early neutral evaluation conference (ENE). After reviewing the joint motion, the Court finds good cause to continue the ENE currently scheduled for December 2, 2013 to December 11, 2013, at 9:30 a.m. Confidential ENE briefs are due on or before December 6, 2013. All other orders of the Court remain unchanged. Signed by Magistrate Judge Mitchell D. Dembin on 11/20/13. (no document attached) (atk)
|
| Filing 45 THIRD AMENDED COMPLAINT Third Amended Complaint against Mitel Technologies, Inc., Mitel NetSolutions, Inc., filed by Express Companies, Inc.. (Attachments: #1 Exhibit Ex. 1 to 3rd Amended Complaint, #2 Exhibit Ex. 2-3 to 3rd Amended Complaint, #3 Proof of Service)New Summons Requested. (Johnston, Thomas) (srm). |
| Filing 44 Joint MOTION re #43 Order on Motion for Miscellaneous Relief, Stipulation For Continuance Of Early Neutral Evaluation Conference by Mitel Technologies, Inc.. (Attachments: #1 Certificate of Service)(Vail, Tamara) (srm). |
|
Filing 43
ORDER for Early Neutral Evaluation Conference: The Court grants the #40 joint request for an early neutral evaluation conference. An Early Neutral Evaluation is set for 12/2/2013 at 09:30 AM before Magistrate Judge Mitchell D. Dembin. Signed by Magistrate Judge Mitchell D. Dembin on 11/13/2013. (mkz)
|
|
Filing 42
ORDER Granting #39 Joint Motion For Leave to File Third Amended Complaint. Third Amended Complaint due 11/26/2013. Signed by Judge Thomas J. Whelan on 11/12/2013. (srm)
|
| Filing 41 CERTIFICATE OF SERVICE by Mitel Technologies, Inc. re #40 Joint MOTION Stipulation To Hold An Early Neutral Evaluation Conference and [Proposed] Order Thereon, #39 Joint MOTION Stipulation and Proposed Order Granting Plaintiff Leave To File Third Amended Complaint (Vail, Tamara) Modified on 11/12/2013, QC Mailer sent re attachments (srm). |
| Filing 40 Joint MOTION Stipulation To Hold An Early Neutral Evaluation Conference and [Proposed] Order Thereon by Mitel Technologies, Inc.. (Attachments: #1 [Proposed] Order)(Vail, Tamara) Modified on 11/12/2013, QC Mailer sent re proposed orders (srm). |
| Filing 39 Joint MOTION Stipulation and Proposed Order Granting Plaintiff Leave To File Third Amended Complaint by Mitel Technologies, Inc.. (Attachments: #1 [Proposed] Order)(Vail, Tamara)Attorney Tamara Vail added to party Mitel Technologies, Inc.(pty:dft) Modified on 11/12/2013, QC Mailer sent re proposed orders (srm). |
| Filing 38 SECOND AMENDED COMPLAINT Second Amended Complaint against Mitel Technologies, Inc., filed by Express Companies, Inc.. (Attachments: #1 Exhibit Ex. 1 to 2nd Amended Complaint, #2 Exhibit Ex. 2-3 to 2nd Amended Complaint, #3 Proof of Service) (Johnston, Thomas) (srm). |
| Filing 37 SUPPLEMENTAL BRIEFING by Defendant Mitel Leasing, Inc. re #34 Order on Motion to Dismiss . (Attachments: #1 Declaration of Susan Otto in Support of Mitel Leasing, Inc.s Supplemental Brief Re Motion To Dismiss For Improper Venue, #2 Exhibit A, #3 Certificate of Service)(Lidl, Erich) (leh). |
| Filing 36 SUPPLEMENTAL BRIEFING in Re: #15 MOTION to Dismiss Plaintiffs First Amended Complaint Against Mitel Leasing, Inc. For Improper Venue Pursuant To Federal Rules Of Civil Procedure Rule 12(B)(3) Supplemental per Court Order filed by Express Companies, Inc.. (Attachments: #1 Proof of Service)(Johnston, Thomas) Modified on 10/16/2013 to edit text(leh). |
|
Filing 35
ORDER: Granting in Part and Denying in Part #4 Motion to Dismiss; Denying #5 Motion to Strike; and Granting #13 Motion to Dismiss for Lack of Jurisdiction. For the reasons stated herein, the Court Grants in Part and Denies in Part Defendant Technologies' motion to dismiss With Leave to Amend. Express Companies, Inc. shall file its Second Amended Complaint by 10/28/2013. It is Further Ordered that Technologies' motion to strike is Denied. Further,Mr. Gardner is Dismissed from this action pursuant to Rule 12(b)(2). Signed by Judge Thomas J. Whelan on 9/30/2013. (leh)
|
|
Filing 34
ORDER Granting #15 Motion to Dismiss Pursuant to 12(b)(3). In light of the foregoing, the Court finds that the forum selection clause is valid and enforceable. For these reasons, the Court Grants Defendant Leasing's motion.It is Further Ordered that Express and Leasing submit 5 page supplemental briefs on the following two issues by 10/15/2013: (1) In light of the fact that the Court has granted Leasing's 12(b)(3) motion, should Express' claims against Leasing be dismissed, or transferred?, and (2) Assuming these claims are to transferred, which court should they be transferred to? In lieu of submitting supplemental briefing, the Express and Leasing may meet and confer on the two issues above, and if both agree, submit a joint motion to the Court answering both questions. Such joint motion shall be submitted by 10/15/2013. Signed by Judge Thomas J. Whelan on 9/30/2013. (leh)
|
| Filing 33 REQUEST FOR JUDICIAL NOTICE by Mitel Leasing, Inc. re #15 MOTION to Dismiss Plaintiffs First Amended Complaint Against Mitel Leasing, Inc. For Improper Venue Pursuant To Federal Rules Of Civil Procedure Rule 12(B)(3) (Attachments: #1 Declaration of Susan Otto, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Certificate of Service)(Lidl, Erich)(srm). |
| Filing 32 CERTIFICATE OF SERVICE by John L. Gardner re #31 Reply to Response to Motion, (Lidl, Erich) (srm). |
| Filing 31 REPLY to Response to Motion re #13 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs First Amended Complaint Against John L. Gardner Pursuant To Federal Rules Of Procedure Rule 12(B)(2) filed by John L. Gardner. (Lidl, Erich) (srm). |
| Filing 30 CERTIFICATE OF SERVICE by Mitel Leasing, Inc. re #29 Reply to Response to Motion, (Lidl, Erich) (srm). |
| Filing 29 REPLY to Response to Motion re #15 MOTION to Dismiss Plaintiffs First Amended Complaint Against Mitel Leasing, Inc. For Improper Venue Pursuant To Federal Rules Of Civil Procedure Rule 12(B)(3) filed by Mitel Leasing, Inc.. (Attachments: #1 Declaration Of John L. Gardner In Support Of Mitel Leasing, Inc.s Motion To Dismiss For Improper Venue)(Lidl, Erich) (srm). |
| Filing 28 CERTIFICATE OF SERVICE by John L. Gardner, Mitel Leasing, Inc. re #27 Objection, (Lidl, Erich) (srm). |
| Filing 27 OBJECTION by John L. Gardner, Mitel Leasing, Inc. re #25 Response in Opposition to Motion, #26 Response in Opposition to Motion, Evidentiary Objections To Plaintiff's Exhibits Offered In Support Of Opposition To John L. Gardners 12(b)(2) And Mitel Leasing, Inc.'s 12(b)(3) Motions To Dismiss. (Lidl, Erich) (srm). |
| Filing 26 RESPONSE in Opposition re #13 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs First Amended Complaint Against John L. Gardner Pursuant To Federal Rules Of Procedure Rule 12(B)(2) filed by Express Companies, Inc. (Attachments: #1 Exhibit 1-8, #2 Declaration Matthew M. Henry, #3 Proof of Service)(Johnston, Thomas) (srm). |
| Filing 25 RESPONSE in Opposition re #15 MOTION to Dismiss Plaintiffs First Amended Complaint Against Mitel Leasing, Inc. For Improper Venue Pursuant To Federal Rules Of Civil Procedure Rule 12(B)(3) filed by Express Companies, Inc. (Attachments: #1 Proof of Service)(Johnston, Thomas) (srm). |
| Filing 24 CERTIFICATE OF SERVICE by Mitel Technologies, Inc. re #23 Reply to Response to Motion, To Dismiss Plaintiffs First Amended Complaint For Failure To State A Claim Pursuant to Federal Rules Of Civil Procedure 12(b)(6) (Lidl, Erich) (srm). |
| Filing 23 REPLY to Response to Motion re #4 MOTION to Dismiss Plaintiffs First Amended Complaint Pursuant To Federal Rules Of Procedure Rule 12(b)(6) filed by Mitel Technologies, Inc.. (Attachments: #1 Evidentiary Objection To Plaintiffs Exhibit 1 In Support Of Opposition To 12(B)(6) Motion To Dismiss)(Lidl, Erich) (srm). |
| Filing 22 CERTIFICATE OF SERVICE by Mitel Technologies, Inc. re #21 Reply to Response to Motion To Strike Portions Of Plaintiffs First Amended Complaint Pursuant to Federal Rules Of Civil Procedure 12(f) (Lidl, Erich) (srm). |
| Filing 21 REPLY to Response to Motion re #5 MOTION to Strike Portions Of Plaintiffs First Amended Complaint Pursuant To Federal Rules Of Civil Procedure Rule 12(F) filed by Mitel Technologies, Inc. (Lidl, Erich) (srm). |
| Filing 20 RESPONSE in Opposition re #4 MOTION to Dismiss Plaintiffs First Amended Complaint Pursuant To Federal Rules Of Procedure Rule 12(b)(6) filed by Express Companies, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Proof of Service Certificate of Service)(Johnston, Thomas) (srm). |
| Filing 19 RESPONSE in Opposition re #5 MOTION to Strike Portions Of Plaintiffs First Amended Complaint Pursuant To Federal Rules Of Civil Procedure Rule 12(F) filed by Express Companies, Inc.. (Attachments: #1 Proof of Service Certificate of Service)(Johnston, Thomas) (srm). |
| Filing 18 CERTIFICATE OF SERVICE by John L. Gardner, Mitel Leasing, Inc. re #17 Notice of Joinder (Lidl, Erich) |
| Filing 17 NOTICE of Joinder by John L. Gardner, Mitel Leasing, Inc. re #6 Request for Judicial Notice, #12 Notice Regarding Exhibit Attachment In Support Of 12(b) Motions To Dismiss (Lidl, Erich) |
| Filing 16 CERTIFICATE OF SERVICE by Mitel Leasing, Inc. re #15 MOTION to Dismiss Plaintiffs First Amended Complaint Against Mitel Leasing, Inc. For Improper Venue Pursuant To Federal Rules Of Civil Procedure Rule 12(B)(3) (Lidl, Erich) |
| Filing 15 MOTION to Dismiss Plaintiffs First Amended Complaint Against Mitel Leasing, Inc. For Improper Venue Pursuant To Federal Rules Of Civil Procedure Rule 12(B)(3) by Mitel Leasing, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 [Proposed] Order)(Lidl, Erich) |
| Filing 14 CERTIFICATE OF SERVICE by John L. Gardner re #13 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs First Amended Complaint Against John L. Gardner Pursuant To Federal Rules Of Procedure Rule 12(B)(2) (Lidl, Erich) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs First Amended Complaint Against John L. Gardner Pursuant To Federal Rules Of Procedure Rule 12(B)(2) by John L. Gardner. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Of John L. Gardner In Support Of Motion To Dismiss, #3 [Proposed] Order)(Lidl, Erich) |
| Filing 12 NOTICE Regarding Exhibit Attachment by Mitel Technologies, Inc. re #6 Request for Judicial Notice, [Submission of EXHIBIT "1"] (Lidl, Erich) |
| Filing 11 AMENDED DOCUMENT by Mitel Technologies, Inc.. Amendment to #2 Certificate of Service [AMENDED to include Original Signature ONLY]. (Attachments: #1 Notice To Plaintiff Express Companies, Inc. of Removal to Federal Court)(Lidl, Erich) |
| Filing 10 AMENDED DOCUMENT by Mitel Technologies, Inc.. Amendment to #7 Certificate of Service, [AMENDED to include Original Signature ONLY]. (Lidl, Erich) |
| Filing 9 AMENDED DOCUMENT by Mitel Technologies, Inc.. Amendment to #5 MOTION to Strike Portions Of Plaintiffs First Amended Complaint Pursuant To Federal Rules Of Civil Procedure Rule 12(F) [AMENDED Notice of Motion ONLY].. (Lidl, Erich) |
| Filing 8 AMENDED DOCUMENT by Mitel Technologies, Inc.. Amendment to #4 MOTION to Dismiss Plaintiffs First Amended Complaint Pursuant To Federal Rules Of Procedure Rule 12(b)(6) [AMENDED Notice of Motion ONLY]. (Lidl, Erich) |
| Filing 7 CERTIFICATE OF SERVICE by Mitel Technologies, Inc. re #3 Notice of Joinder, #1 Notice of Removal,, #5 MOTION to Strike Portions Of Plaintiffs First Amended Complaint Pursuant To Federal Rules Of Civil Procedure Rule 12(F), #4 MOTION to Dismiss Plaintiffs First Amended Complaint Pursuant To Federal Rules Of Procedure Rule 12(b)(6), #6 Request for Judicial Notice, (Lidl, Erich) (srm). |
| Filing 6 REQUEST FOR JUDICIAL NOTICE by Mitel Technologies, Inc. re #5 MOTION to Strike Portions Of Plaintiffs First Amended Complaint Pursuant To Federal Rules Of Civil Procedure Rule 12(F), #4 MOTION to Dismiss Plaintiffs First Amended Complaint Pursuant To Federal Rules Of Procedure Rule 12(b)(6) (Lidl, Erich) (srm). |
| Filing 5 MOTION to Strike Portions Of Plaintiffs First Amended Complaint Pursuant To Federal Rules Of Civil Procedure Rule 12(F) by Mitel Technologies, Inc. (Attachments: #1 Memo of Points and Authorities, #2 [Proposed] Order)(Lidl, Erich) (srm). |
| Filing 4 MOTION to Dismiss Plaintiffs First Amended Complaint Pursuant To Federal Rules Of Procedure Rule 12(b)(6) by Mitel Technologies, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 [Proposed] Order)(Lidl, Erich) (srm). |
| Filing 3 NOTICE of Joinder by John L. Gardner, Mitel Leasing, Inc. re #1 Notice of Removal (Lidl, Erich) (srm). |
| Filing 2 CERTIFICATE OF SERVICE by Mitel Technologies, Inc. re #1 Notice of Removal,, TO PLAINTIFF EXPRESS COMPANIES, (Attachments: #1 NOTICE TO PLAINTIFF EXPRESS COMPANIES, INC. OF REMOVAL TO FEDERAL COURT)(Lidl, Erich) (srm). |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court for the State of California, County of San Diego, case number 37-2012-00100920-CU-BC-CTL (Filing fee $ 350 receipt number 0974-5362700) filed by John L. Gardner, Mitel Technologies, Inc., Mitel Leasing, Inc. (Attachments: #1 Civil Case Cover Sheet, #2 Exhibit A - Superior Court Complaint, First Amended Complaint, and Exhibits)The new case number is 3:12-cv-2818-W-MDD. Judge Thomas J. Whelan and Magistrate Judge Mitchell D. Dembin are assigned to the case. (Lidl, Erich)(kcm) (cap). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
