The Sherwin-Williams Company v. JB Collision Services, Inc. et al
| The Sherwin-Williams Company |
| JB Collision Services, Inc. and Does 1 through 10 |
| 3:2013cv01946 |
| August 20, 2013 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| Larry Alan Burns |
| William V. Gallo |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
377
ORDER Granting Joint Motion to Dismiss (Dkt. 376 ). Signed by Chief Judge Larry Alan Burns on 9/12/2019. (jdt)
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Filing
358
ORDER granting Third Party Intervenor Z-Best Body and Paint Shops, Inc.'s Motion 354 for Order to Intervene to Modify June 20, 2014 Protective Order. Protective Order (ECF No. 35 ) is hereby modified to allow access solely to the parties to Z-Best Body and Paint Shops, Inc. v. The Sherwin-Williams Company, et al. pending in the United States District Court for the Central District of California for the purposes of litigating that action. Signed by Magistrate Judge William V. Gallo on 12/5/2017. (jdt)
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Filing
343
ORDER Re: Costs and Supersedeas Bond. The Court orders that each party will bear its' own costs. The supersedeas bond is set at $325,000.The Court orders a temporary stay of enforcement until the bond is filed in compliance with Local Rule 65.1.2 and approved by this Court. Once the Court approves the bond, an automatic stay will enter under Rule 62(d). Signed by Judge Larry Alan Burns on 11/17/16. (kas)
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Filing
325
ORDER denying 316 Motion for New Trial on Damages and denying 317 Motion for Judgment as a Matter of Law. Sherwin-Williams' motion to further reduce the Body Shop Defendants' damages award is denied. Signed by Judge Larry Alan Burns on 9/19/16. (kas)
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Filing
311
ORDER granting in part and denying in part Sherwin-Williams' 285 Motion for Judgment as a Matter of Law. The Court denies Sherwin-Williams' motion for a remittitur of damages/new trial as moot. The damage award on the Body Shop Defendants' claims is reduced to $634,357.07, resulting in a net verdict of $259,908.37 in their favor. Signed by Judge Larry Alan Burns on 5/9/16. (kas)
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Filing
294
ORDER granting 286 Ex Parte Application to Stay Execution. Plaintiff's motion to stay execution and waive the bond requirement is GRANTED. Neither party may execute on the judgment until after Plaintiff's post-trial motion is resolved and neither party is required to post a bond. Signed by Judge Larry Alan Burns on 1/25/16. (kas)
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Filing
253
ORDER granting in part and denying in part Defendants' 202 Motion to exclude David McCord, granting Defendants' 207 Motion to exclude sanctions, granting plaintiff's 210 Motion to exclude Ronald J. Lewarchik from testifying outs ide the scope of his expert reports, granting in part and denying in part plaintiff's 212 Motion to exclude Lewarchik from testifying pursuant to Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993). Plaintiff has also objected to Defendants' witness list ( 244 ). That objection is OVERRULED. Defendants cannot go over their 10 hour allotment of time. Signed by Judge Larry Alan Burns on 11/16/15. (kas)
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Filing
236
ORDER Denying Sherwin-Williams' Objection 99 to Nondispositive Pretrial Order of Magistrate Judge 98 and Granting 204 Motion in Limine to Exclude David Sewell from Testifying at Trial. Signed by Judge Larry Alan Burns on 11/3/15. (kas)
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Filing
191
ORDER Following Telephonic Discovery Conference on June 20, 2015; Striking Defendants' Supplemental Expert Witness Report Dated June 22, 2015. The Court hereby ORDERS Defendants' supplemental expert witness report to be stricken, and ORDERS that the report may not be used in any motions or at trial. Signed by Magistrate Judge William V. Gallo on 8/11/15.(kas)
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Filing
187
ORDER Granting 185 Ex Parte Application to File Motion for Reconsideration. Sherwin-Williams may file its motion for reconsideration no later than August 11, 2015. Defendants may file an opposition no later than August 17, 2015. No reply should be filed unless leave is obtained in advance. The motion and opposition shall not exceed seven pages, not counting any appended or lodged material. Signed by Judge Larry Alan Burns on 8/6/15. (dlg)
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Filing
178
ORDER denying defendants' motion for relief 137 from nondispositive pretrial order of magistrate judge 124 . Within two days of this order, the parties should contact Judge Gallo to reschedule the mandatory settlement conference. 140 . Signed by Judge Larry Alan Burns on 7/16/15.(kas)
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Filing
176
ORDER denying defendants' 126 Motion for Sanctions for Spoliation of Evidence. Signed by Judge Larry Alan Burns on 7/3/15. (kas)
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Filing
173
ORDER granting in part and denying in part Sherwin-Williams' 127 Motion for Partial Summary Judgment. Sherwin-Williams' motion for summary judgment on the breach of contract claims and unjust enrichment claims is DENIED. Its motion for summary judgment on Defendants' fraud claims is GRANTED IN PART AND DENIED IN PART. The alleged misrepresentations made to induce Defendants to enter the JB Supply Agreement are time barred. Signed by Judge Larry Alan Burns on 6/29/15. (kas)
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Filing
124
ORDER denying defendants' 120 Ex Parte Application for Additional Time for Defendants' Paint Expert's Supplemental Written Report; Granting Defendants' Request for Clarification of the Court's Order. Signed by Magistrate Judge William V. Gallo on 3/11/15. (kas)
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Filing
117
ORDER Imposing Sanctions Against Defendants for Failure to Produce Discovery Documents. The Court hereby AWARDS Plaintiff the amount of $6,824.50 in attorney's fees pursuant to Federal Rule of Civil Procedure 37, in accordance with Appendix A. Defendants are to coordinate with Plaintiff's counsel regarding the payment of this sanction no later than January 14, 2015, and to effect payment no later than January 31, 2015. Signed by Magistrate Judge William V. Gallo on 1/7/15.(kas)
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Filing
100
ORDER granting plaintiff's request for imposition of sanctions against defendants for failure to produce discovery; denying plaintiff's request for an order of contempt against defendants 61 . On or before November 21, 2014, Plaintiff is d irected to submit to the Court detailed time calculations and descriptions of activities in attempting to obtain these documents, and in filing its Motion to Compel and corresponding briefing. Signed by Magistrate Judge William V. Gallo on 11/14/14. (kas)
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Filing
39
ORDER Following Discovery Hearing. On or before July 11, 2014, Plaintiff shall provide verified responses to all discovery responses already provided to Defendants. On or before July 21, 2014, Plaintiff shall provide discovery responses consistent wi th this Order. The parties shall meet and confer in good faith regarding the term "testing," as stated in RFP No. 10. Therefore, Plaintiff is not required to respond to RFP No. 10 by July 21, 2014. Once the parties reach an agreement as to the term "testing," Plaintiff shall provide a response to RFP No. 10 within two weeks of the agreement. Signed by Magistrate Judge William V. Gallo on 7/9/14.(kas)
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