Meadowgate Technologies, LLC v. Fiasco Enterprises, Inc
Plaintiff: Meadowgate Technologies, LLC
Defendant: Fiasco Enterprises, Inc and Fiasco Enterprises, Inc doing business as Energy Transport Logistics
Case Number: 3:2017cv00230
Filed: February 6, 2017
Court: US District Court for the Southern District of California
Office: San Diego Office
County: XX US, Outside State
Presiding Judge: Larry Alan Burns
Referring Judge: Karen S Crawford
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. § 1332 pd Diversity-Property Damage
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on October 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 16, 2019 Opinion or Order Filing 68 ORDER OF DISMISSAL. The joint motion to dismiss (Docket no. #66 ) is granted. This action is dismissed with prejudice, and the parties shall each bear their own costs and attorney's fees. All pending dates are vacated. The Clerk is directed to close the docket. Signed by Chief Judge Larry Alan Burns on 10/16/2019. (jdt) (sjt).
October 15, 2019 Filing 67 Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford: Due to the filing of the parties' Joint Motion to Dismiss, the Settlement Disposition Conference on 11/1/2019 at 9:30 a.m. is vacated. (no document attached) (kxb)
October 15, 2019 Filing 66 Joint MOTION to Dismiss by Meadowgate Technologies, LLC. (Price, Virginia) (jdt).
September 23, 2019 Filing 65 Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford: Due to the recent filing of the Notice of Settlement, the Mandatory Settlement Conference on 9/24/2019 at 2:30 p.m. is vacated. A telephonic Settlement Disposition Conference ("SDC") is set for 11/1/2019 at 9:30 a.m. before Magistrate Judge Karen S. Crawford. Plaintiff's counsel shall initiate the conference call and shall call the Court's chambers with all counsel on the line. If the parties file a Joint Motion to Dismiss prior to the SDC, the SDC will be vacated. (no document attached) (kxb)
September 23, 2019 Filing 64 NOTICE of Settlement by Meadowgate Technologies, LLC (Price, Virginia) (jdt).
September 20, 2019 Opinion or Order Filing 63 ORDER Granting Joint Motion to Extend Pretrial Motion Deadline and Amend Scheduling Order (Doc. No. #61 ). Signed by Magistrate Judge Karen S. Crawford on 9/20/2019. (jdt)
September 9, 2019 Opinion or Order Filing 62 ORDER Granting Joint Motion to Continue Mandatory Settlement Conference (Doc. No. #60 ). The Mandatory Settlement Conference is rescheduled to 9/24/2019 at 2:30 PM before Magistrate Judge Karen S. Crawford. Signed by Magistrate Judge Karen S. Crawford on 9/9/2019. (jdt)
September 6, 2019 Filing 61 Joint MOTION to Continue Pretrial Motion Deadline and Amend Scheduling Order by Meadowgate Technologies, LLC. (Price, Virginia) (jdt).
September 6, 2019 Filing 60 Joint MOTION to Continue Mandatory Settlement Conference by Meadowgate Technologies, LLC. (Price, Virginia) (jdt).
August 29, 2019 Filing 59 Notice of Objection to Electronic Filing: by Fiasco Enterprises, Inc re #57 Request for Judicial Notice, #58 Request for Judicial Notice (Kavaller, Miles) (jdt).
August 23, 2019 Filing 58 REQUEST FOR JUDICIAL NOTICE by Meadowgate Technologies, LLC re VOIP Number (Attachments: #1 Exhibit A, #2 Exhibit B)(Price, Virginia) (jrm).
August 15, 2019 Filing 57 REQUEST FOR JUDICIAL NOTICE by Meadowgate Technologies, LLC re Washington Secretary of State Records (Attachments: #1 Exhibit Exhibit A)(Price, Virginia) (jdt).
August 13, 2019 Opinion or Order Filing 56 ORDER Granting Joint Motion to Extend Expert Discovery Cut-Off Date (Doc. No. #55 ). Signed by Magistrate Judge Karen S. Crawford on 8/12/2019. (jdt)
August 12, 2019 Filing 55 Joint MOTION for Discovery to Extend Expert Discovery Cut-Off by Meadowgate Technologies, LLC. (Price, Virginia) (jdt).
June 25, 2019 Opinion or Order Filing 54 ORDER Granting Joint Motion To Extend Discovery Cut-Off Date from June 30, 2019 to July 31, 2019 to Depose Witness Ranelle Niemitz. (Doc. No. #53 ) Signed by Magistrate Judge Karen S. Crawford on 6/25/2019. (tcf) (jao).
June 21, 2019 Filing 53 Joint MOTION for Extension of Time to Complete Discovery to Depose Witness Ranelle Niemitz and Amend Scheduling Order by Meadowgate Technologies, LLC. (Price, Virginia) (jdt).
June 13, 2019 Opinion or Order Filing 52 ORDER Granting Joint Motion to Extend Discovery Cut-Off Date From May 31, 2019 to June 30, 2019 to Depose Witness Ranelle Niemitz (Doc. No. #51 ). Signed by Magistrate Judge Karen S. Crawford on 6/13/2019. (jdt)
June 10, 2019 Filing 51 Joint MOTION for Extension of Time to Complete Discovery to Depose Witness Ranelle Niemitz and Amend Scheduling Order by Meadowgate Technologies, LLC. (Price, Virginia) (jdt).
May 29, 2019 Opinion or Order Filing 50 ORDER Granting Joint Motion to Extend Discovery Cut-Off Date from May 31, 2019 to June 30, 2019 to Depose Witness Darlene Pruitt (Doc. No. #48 ). Signed by Magistrate Judge Karen S. Crawford on 5/29/2019. (jdt)
May 28, 2019 Opinion or Order Filing 49 ORDER granting #47 Joint Motion to Continue Mandatory Settlement Conference ("MSC"). The MSC set for 6/6/2019 at 2:30 p.m. is continued to 9/19/2019 at 2:30 p.m. MSC Briefs shall be lodged with Chambers seven (7) days prior to the MSC. Counsel shall refer to the Chambers Rules of Magistrate Judge Karen S. Crawford for the Court's requirements for the attendance of party representatives with full and complete settlement authority. Signed by Magistrate Judge Karen S. Crawford on 5/28/2019. (no document attached) (kxb)
May 28, 2019 Filing 48 Joint MOTION for Extension of Time to Complete Discovery by Fiasco Enterprises, Inc. (Kavaller, Miles). Modified on 5/28/2019 - Sent QC email reminder to include signature certification. No refile (jdt).
May 23, 2019 Filing 47 Joint MOTION to Continue Mandatory Settlement Conference by Meadowgate Technologies, LLC. (Price, Virginia) (jdt).
May 14, 2019 Filing 46 PRO HAC APPROVED: Kevin M. Capuzzi appearing for Plaintiff Meadowgate Technologies, LLC (no document attached) (jrd)
May 14, 2019 Filing 45 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12493534 Re: ECF #44 ).(Application to be reviewed by Clerk.) (Capuzzi, Kevin)(jrd)
May 9, 2019 Filing 44 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12493534.) (Application to be reviewed by Clerk.) (Capuzzi, Kevin) 5/9/2019 - Sent QC e-mail re missing signature. (mdc)
May 9, 2019 Filing 43 Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford: Due to a conflict involving the Court's calendar, the Mandatory Settlement Conference ("MSC") on 6/3/2019 at 2:30 p.m. is continued to 6/6/2019 at 2:30 p.m. Counsel and parties representatives with full settlement authority shall attend in-person. Confidential MSC briefs shall be lodged with Chambers no later than 5/30/2019. Counsel shall refer to the Chambers Rules of Magistrate Judge Karen S. Crawford for further details regarding the Court's requirements for MSC briefs and required attendance at the MSC. (no document attached) (kxb)
March 11, 2019 Opinion or Order Filing 42 ORDER Granting in Part Joint Motion to Continue Discovery Dates and Mandatory Settlement Conference (Doc. No. #39 ). The Court, having considered the Joint Motion of counsel to amend the Scheduling Order, (ECF No. #32 ), finds good cause to grant a continuance of the dates, however, for a period of time that is shorter than requested. The Mandatory Settlement Conference on 3/21/2019 at 2:30 p.m. is continued to 6/3/2019 at 2:30 PM before Magistrate Judge Karen S. Crawford. Signed by Magistrate Judge Karen S. Crawford on 3/11/2019. (jdt)
March 11, 2019 Opinion or Order Filing 41 ORDER Re: Joint Motion for Determination of Discovery Dispute (Doc. No. #38 ). Signed by Magistrate Judge Karen S. Crawford on 3/11/2019. (jdt)
March 11, 2019 Opinion or Order Filing 40 ORDER denying #37 Motion for Extension of Time to File Discovery Motion. Defendant's request for an extension of time is moot. Signed by Magistrate Judge Karen S. Crawford on 3/11/19. (no document attached) (kxb)
March 6, 2019 Filing 39 Joint MOTION to Continue Discovery Dates and Mandatory Settlement Conference and Amend Scheduling Order by Meadowgate Technologies, LLC. (Price, Virginia) (jdt).
January 28, 2019 Filing 38 Joint MOTION for Discovery : Determination of Discovery Dispute by Fiasco Enterprises, Inc. (Kavaller, Miles) (jdt).
January 24, 2019 Filing 37 Ex Parte MOTION for Extension of Time to File Joint Motion for Determination of Discovery Dispute by Fiasco Enterprises, Inc. (Kavaller, Miles) (jdt).
January 24, 2019 Opinion or Order Filing 36 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Karen S. Crawford Rejecting re #35 Declaration of Miles L. Kavaller, Esq. and Request for Additional Time To Satisfy Chambers' Rules, from Defendant Fiasco Enterprises, Inc. Non-compliance with local rule(s), Civil Local Rule or Electronic Case Filing Administrative Policies and Procedures Manual provision (ECF) Discrepancy; OTHER: Failure to comply with Chambers Rules re: filing of ex parte application; ECF 2(a), (g) - Docket entry does not accurately reflect the document (ex parte application) filed; ECF 2(h) - Includes a proposed order or requires judge's signature. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by the chambers of Magistrate Judge Karen S. Crawford.(ag)
January 23, 2019 Filing 35 STRICKEN DOCUMENT (ag).
December 21, 2018 Opinion or Order Filing 34 ORDER Granting Joint Motion for Entry of Stipulated Protective Order (Doc. No. #33 ). Signed by Magistrate Judge Karen S. Crawford on 12/21/2018. (jdt)
December 19, 2018 Filing 33 Joint MOTION for Order Stipulated Protective Order, MOTION for Protective Order by Meadowgate Technologies, LLC. (Price, Virginia) (jdt).
October 22, 2018 Opinion or Order Filing 32 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. A Case Management Conference was held on 10/19/2018. A Mandatory Settlement Conference is set for 3/21/2019 at 2:30 PM before Magistrate Judge Karen S. Crawford. The Proposed Pretrial Order is due by 12/2/2019. A Final Pretrial Conference set for 12/9/2019 at 12:00 PM before Judge Larry Alan Burns. Signed by Magistrate Judge Karen S. Crawford on 10/22/2018.(jdt)
October 2, 2018 Filing 31 CERTIFICATE OF SERVICE by Fiasco Enterprises, Inc re #30 Joint Discovery Plan, (Kavaller, Miles) (jdt).
October 1, 2018 Filing 30 JOINT DISCOVERY PLAN by Fiasco Enterprises, Inc re #29 Order Following ENE,, Set Deadlines, (Kavaller, Miles) Modified on 10/2/2018 - QC Mail: Missing proof of service. Sent reminder about "s/" and instruction to file proof of service (jdt).
August 29, 2018 Opinion or Order Filing 29 Order Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Telephonic Case Management Conference. An Early Neutral Evaluation Conference was held on 8/27/2018. Counsel shall appear telephonically on 10/19/2018 at 10:00 AM before Magistrate Judge Crawford for a Case Management Conference. A Joint Discovery Plan shall be lodged with Magistrate Judge Crawford on or before 10/1/2018. Signed by Magistrate Judge Karen S. Crawford on 8/29/2018.(jdt)
August 29, 2018 Filing 28 Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford: An Early Neutral Evaluation Conference was held on 8/27/2018. Order setting dates to follow.(no document attached) (lc2)
June 29, 2018 Filing 27 NOTICE of Change of Hearing: Due to an unexpected conflict in the Court's calendar, the Early Neutral Evaluation Conference [Doc. No. 26] has been re-set for 8/27/18 at 2:30 PM. Confidential ENE briefs shall be submitted on or before 8/23/18. The parties shall refer to this Court's prior Order [Doc. No. 26] for all other conference preparation. IT IS SO ORDERED.(no document attached) (lc2)
June 26, 2018 Opinion or Order Filing 26 NOTICE AND ORDER Setting Early Neutral Evaluation Conference. An Early Neutral Evaluation will be held on 8/23/2018 at 2:30 PM in the Chambers of Magistrate Judge Karen S. Crawford. Signed by Magistrate Judge Karen S. Crawford on 6/26/2018.(jdt)
June 26, 2018 Filing 25 CERTIFICATE OF SERVICE by Fiasco Enterprises, Inc re #24 Answer to Amended Complaint (Kavaller, Miles) (jdt).
June 25, 2018 Filing 24 ANSWER to #17 Second Amended Complaint by Fiasco Enterprises, Inc.(Kavaller, Miles). QC Mail - missing proof of service (jdt).
June 19, 2018 Opinion or Order Filing 23 ORDER denying #18 Motion to Dismiss for Failure to State a Claim. Signed by Judge Larry Alan Burns on 6/18/2018. (jdt)
May 29, 2018 Filing 22 Minute Entry for proceedings held before Judge Larry Alan Burns: Motion Hearing held on 5/29/2018 re #18 MOTION to Dismiss for Failure to State a Claim filed by Fiasco Enterprises, Inc - Matter submitted. Court to issue order.(Court Reporter/ECR Cynthia Ott). (Plaintiff Attorney Stephanie Penninger (telephonic)). (Defendant Attorney Miles Kavaller (telephonic)). (no document attached) (tlw)
May 24, 2018 Opinion or Order Filing 21 ORDER Granting Leave to Appear Telephonically; and Order Continuing Hearing re #18 MOTION to Dismiss for Failure to State a Claim. Counsel for both parties have requested leave to appear telephonically at the hearing on 5/29/2018. Those requests are granted. The hearing will be held at 3:00 p.m. Pacific time, rather than 11:15 a.m. Signed by Judge Larry Alan Burns on 5/23/2018.(jdt)
May 21, 2018 Filing 20 REPLY to Response to Motion re #18 MOTION to Dismiss for Failure to State a Claim filed by Fiasco Enterprises, Inc. (Kavaller, Miles) (jdt).
May 15, 2018 Filing 19 RESPONSE in Opposition re #18 MOTION to Dismiss for Failure to State a Claim filed by Meadowgate Technologies, LLC. (Attachments: #1 Proof of Service)(Price, Virginia). QC mail - missing hearing date and time on cover page (jdt).
April 13, 2018 Filing 18 MOTION to Dismiss for Failure to State a Claim by Fiasco Enterprises, Inc. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Dismiss)(Kavaller, Miles) (jdt).
April 3, 2018 Filing 17 SECOND AMENDED COMPLAINT with Jury Demand against Fiasco Enterprises, Inc, filed by Meadowgate Technologies, LLC. (Attachments: #1 Proof of Service) (Price, Virginia) Modified on 4/4/2018 to reflect Second Amended Complaint (jdt).
March 20, 2018 Opinion or Order Filing 16 ORDER Granting #5 Motion to Dismiss. The complaint is dismissed without prejudice. No later than 4/5/2018, Meadowgate may file an amended complaint that complies with this order. Signed by Judge Larry Alan Burns on 3/19/2018. (jdt)
April 17, 2017 Filing 15 Minute Entry for proceedings held before Judge Larry Alan Burns: Motions Submitted #5 MOTION to Dismiss for Failure to State a Claim. Court to issue order.(Court Reporter/ECR Cynthia Ott). (Plaintiff Attorney Eric Zalud). (Defendant Attorney Miles Kavaller -telephonic). (no document attached) (tkl)
April 13, 2017 Opinion or Order Filing 14 Minute Order by Judge Larry Alan Burns: On Monday, April 17, 2017 at 11:15 a.m., the Court will entertain oral argument on Defendant's pending motion to dismiss. The parties will be strictly limited to fifteen minutes per side to argue their position, and should focus on whether the Carmack Amendment governs the claims in this case. Counsel may appear either in person or telephonically. Any attorney wishing to appear telephonically should email his or her phone number to efile_burns@casd.uscourts.gov no later than 4:00 p.m. on Friday, April 14. Signed by Judge Larry Alan Burns on 4/13/2017 (Court Reporter/ECR N/A). (Plaintiff Attorney No appearance).(Defendant Attorney No appearance). (kas)
April 10, 2017 Filing 13 REPLY to Response to Motion re #5 MOTION to Dismiss for Failure to State a Claim filed by Fiasco Enterprises, Inc. (Kavaller, Miles) (jpp).
April 3, 2017 Filing 12 RESPONSE in Opposition re #5 MOTION to Dismiss for Failure to State a Claim filed by Meadowgate Technologies, LLC. (Attachments: #1 Proof of Service)(Price, Virginia) (kas).
March 7, 2017 Filing 11 SUMMONS Returned Executed by Meadowgate Technologies, LLC. Fiasco Enterprises, Inc served. (Price, Virginia). Modified on 3/7/2017 - Incorrect service date entered. Answer deadline corrected per request from filer (jah). (kas).
March 7, 2017 Filing 10 PRO HAC APPROVED: Eric L Zalud appearing for Plaintiff Meadowgate Technologies, LLC. (no document attached) (kcm)
March 7, 2017 Filing 9 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9866296.) (Application to be reviewed by Clerk.) (Zalud, Eric) (kcm).
March 6, 2017 Filing 8 PRO HAC APPROVED: Stephanie S. Penninger appearing for Plaintiff Meadowgate Technologies, LLC. (no document attached) (kcm)
March 6, 2017 Filing 7 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9871560.) (Application to be reviewed by Clerk.) (Penninger, Stephanie)
March 3, 2017 Filing 6 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9866296.) (Application to be reviewed by Clerk.) (Zalud, Eric) (QC mailer sent re: missing signature)(kcm).
March 1, 2017 Filing 5 MOTION to Dismiss for Failure to State a Claim by Fiasco Enterprises, Inc. (Attachments: #1 Memo of Points and Authorities iso Motion to Dismiss)(Kavaller, Miles)Attorney Miles Lawrence Kavaller added to party Fiasco Enterprises, Inc(pty:dft) QC EMAIL - lacking proper signature (fth).
February 27, 2017 Filing 4 FIRST AMENDED COMPLAINT with Jury Demand against Fiasco Enterprises, Inc, filed by Meadowgate Technologies, LLC. (Price, Virginia) (kas).
February 13, 2017 Opinion or Order Filing 3 ORDER TO SHOW CAUSE Re: Jurisdiction, and ORDER Requiring Parties to Notify the Court About Jurisdictional Defects. Meadowgate is ORDERED TO SHOW CAUSE, no later than February 27, 2017, why this action should not be dismissed for lack of jurisdiction. If, at any time during the pendency of this case, any party is aware or becomes aware that the citizenship of the parties as pled in the operative complaint is inaccurate, that party is ORDERED to promptly file a notice explaining the inaccuracy. Signed by Judge Larry Alan Burns on 2/13/17.(kas)
February 6, 2017 Filing 2 Summons Issued. 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. (lrf)
February 6, 2017 Filing 1 COMPLAINT with Jury Demand against Fiasco Enterprises, Inc ( Filing fee $400 receipt number 0974-9790891), filed by Meadowgate Technologies, LLC. (Attachments: #1 Civil Cover Sheet)The new case number is 3:17-cv-230-LAB-KSC. Judge Larry Alan Burns and Magistrate Judge Karen S. Crawford are assigned to the case. (Price, Virginia)(lrf) (sjt).

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Plaintiff: Meadowgate Technologies, LLC
Represented By: Eric L Zalud
Represented By: Kevin M. Capuzzi
Represented By: Stephanie S. Penninger
Represented By: Virginia L. Price
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Defendant: Fiasco Enterprises, Inc
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Defendant: Fiasco Enterprises, Inc doing business as Energy Transport Logistics
Represented By: Miles Lawrence Kavaller
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