El Toreador Properties Group, L.P. v. American Duty Free, LLC et al
| El Toreador Properties Group, L.P. |
| American Duty Free, LLC, Does 1 through 25, Philippe Dray, Laura Dray and Duty Free City USA, LLC |
| 3:2017cv01608 |
| August 9, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Cynthia Bashant |
| Andrew G Schopler |
| Contract: Other |
| 28 U.S.C. § 1441 bc |
| Both |
Docket Report
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This docket was last retrieved on August 29, 2018. A more recent docket listing may be available from PACER.
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Filing 26
ORDER granting #25 Joint Motion to Dismiss. Court dismisses all claims in this case with prejudice. Court terminates as moot #23 Motion for Summary Judgment and #24 Motion for Summary Judgment. Court will retain jurisdiction over the settlement agreement. The Clerk is directed to close this case. If necessary, Plaintiff may move to set aside this dismissal in event of default. Signed by Judge Cynthia Bashant on 8/29/2018. (jah) (sjt).
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| Filing 25 Joint MOTION to Dismiss by El Toreador Properties Group, L.P.. (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Proof of Service)(Leer, Jack). Modified on 8/29/2018 - Double wording for Attachments. QC Email sent re duplicate text. Removed duplicate attachment descriptions (jah). |
| Filing 24 MOTION for Summary Judgment or alternatively for summary adjudication by Philippe Dray. (Attachments: #1 Memo of Points and Authorities Memo of P&As)(Hocker, Robert) (jdt). |
| Filing 23 MOTION for Summary Judgment or alternatively for summary adjudication by Laura Dray. (Attachments: #1 Memo of Points and Authorities Memo of P&As, #2 Exhibit Ex. A - Complaint without Exhibits, #3 Exhibit Ex. B - Lease Pages, #4 Declaration Ex. C - P. Dray Decl., #5 Exhibit Ex. D - Rog Responses, #6 Exhibit Ex. E - Letter, #7 Declaration Ex. F - L. Dray Decl., #8 Declaration Ex. G - R. Hocker Decl.)(Hocker, Robert) (jdt). |
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Filing 22
ORDER (CEA): The parties' joint motion to extend discovery (ECF No. #21 ) is granted. The fact discovery cutoff is extended to August 28, 2018, for the limited purpose of completing the previously-noticed depositions. All other provisions of the Amended Scheduling Order (ECF No. #16 ) remain unchanged. Signed by Magistrate Judge Clinton Averitte on 7/11/18. (no document attached) (jrg)
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| Filing 21 Joint MOTION for Extension of Time to Complete Discovery; Joint STATUS REPORT by El Toreador Properties Group, L.P.. (Attachments: #1 Proof of Service)(Leer, Jack). Modified on 7/10/2018 - Multi pleadings filed as one. Corrected text (jah). |
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Filing 20
ORDER (CEA): The Court has received and reviewed the parties' joint status report (ECF No. #19 ). The parties are ordered to file a further status report by July 9, 2018, indicating whether mediation was successful and, if not, proposing dates for an amended scheduling order. Signed by Magistrate Judge Clinton Averitte on 7/5/18.(no document attached) (jrg)
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| Filing 19 JOINT STATUS REPORT by American Duty Free, LLC, Laura Dray, Philippe Dray, Duty Free City USA, LLC, El Toreador Properties Group, L.P.. (Attachments: #1 Proof of Service)(Leer, Jack). Modified on 6/27/2018 - Removed duplicate attachment description (jah). |
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Filing 18
ORDER (CEA): The parties' joint motion (ECF No. #17 ) regarding the mandatory settlement conference and scheduling order is granted in part and denied in part. The June 22, 2018 MSC is vacated. The parties must file a joint status report by June 26, 2018, indicating whether mediation was successful. At that time, the Court will consider issuance of an amended scheduling order if necessary. Signed by Magistrate Judge Clinton Averitte on 6/19/18. (no document attached) (jrg)
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| Filing 17 Joint MOTION to Vacate Mandatory Settlement Conference to Accommodate Mediation and Briefly Extend the Discovery Cut-Off by El Toreador Properties Group, L.P.. (Attachments: #1 Proof of Service)(Leer, Jack). (jah). |
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Filing 16
AMENDED SCHEDULING ORDER granting #15 Joint Motion to Continue MSC and for Extension of Time to Complete Discovery and Motion Cut-Off. Court vacates and resets the provisions of the Scheduling Order #13 . Mandatory Settlement Conference set for 6/22/2018 09:00 AM before Magistrate Judge Andrew G. Schopler. All motions, other than motions to amend or join other parties, or motions in limine shall be field by 7/30/2018. Proposed Pretrial Order due by 12/10/2018. Final Pretrial Conference set for 12/17/2018 11:00 AM before Judge Cynthia Bashant. All motions in limine are due by 12/31/2018. All responses to the motions in limine are due by 1/14/2019. Motions In Limine Hearing set for 2/4/2019 10:30 AM before Judge Cynthia Bashant. Jury Trial set for 2/12/2019 09:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Andrew G. Schopler on 5/11/2018. (jah)
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| Filing 15 Joint MOTION to Continue MSC, Joint MOTION for Extension of Time to Complete Discovery and Motion Cut-Off by Laura Dray, Philippe Dray, Duty Free City USA, LLC. (Hocker, Robert). (jah). |
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Filing 14
ORDER (AGS): Due to the Court's schedule, the May 7, 2018 Mandatory Settlement Conference is vacated and rescheduled for May 25, 2018, at 9:00 a.m. Confidential settlement statements must be submitted to chambers by May 18, 2018. Signed by Magistrate Judge Andrew G. Schopler on 4/26/18.(no document attached) (jrg)
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Filing 13
SCHEDULING ORDER: Mandatory Settlement Conference set for 5/7/2018 09:00 AM before Magistrate Judge Andrew G. Schopler. Proposed Pretrial Order due by 11/9/2018. Final Pretrial Conference set for 11/26/2018 11:00 AM before Judge Cynthia Bashant. Jury Trial set for 1/22/2019 09:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Andrew G. Schopler on 11/20/2017.(anh)
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| Filing 12 JOINT DISCOVERY PLAN by American Duty Free, LLC, Laura Dray, Philippe Dray, Duty Free City USA, LLC, El Toreador Properties Group, L.P. (Attachments: #1 Proof of Service)(Leer, Jack)(mxn). |
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Filing 11
ORDER (AGS): Defendants' motion to excuse Laura Dray's appearance at the November 20, 2017 Early Neutral Evaluation (ECF No. #10 ) is granted. Philippe Dray must appear with full settlement authority. Signed by Magistrate Judge Andrew G. Schopler on 11/08/17. (no document attached) (jrg)
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| Filing 10 MOTION to Excuse Appearance of Laura Dray at ENE, by Laura Dray. (Attachments: #1 Declaration Decl. in Support of Request to Excuse Appearance at ENE)(Hocker, Robert)(dlg). |
| Filing 9 NOTICE OF WITHDRAWAL OF DOCUMENT by American Duty Free, LLC, Philippe Dray, Laura Dray, Duty Free City USA, LLC re #8 MOTION to Excuse Appearance of Laura Dray at ENE, filed by Duty Free City USA, LLC . (Hocker, Robert) (dlg). |
| Filing 8 *** WITHDRAWN PER ECF 9 *** MOTION to Excuse Appearance of Laura Dray at ENE, by Duty Free City USA, LLC. (Attachments: #1 Declaration, #2 Proposed Order)(Hocker, Robert). Modified on 11/3/2017 - Pleading not signed. Proposed Order attached. No Proof of Service. QC Email sent to refile Motion and email Proposed Order to Chambers (jah). Modified on 11/6/2017 (dlg). |
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Filing 7
NOTICE and ORDER AMENDING ORDER SETTING ENE and CMC(AGS):The Early Neutral Evaluation and Case Management Conference set for 10/31/2017 09:00 AM are vacated and rescheduled for 11/20/17 at 9:00 AM in chambers before Magistrate Judge Andrew G. Schopler. All other dates associated with Court's 08/18/17 Order (ECF No. #4 ) are vacated and rescheduled pursuant to this Order. Joint Discovery Plan is now due 11/10/17. ENE Statements are now due 11/10/17. Signed by Magistrate Judge Andrew G. Schopler on 8/17/2017.(jrg)
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| Filing 6 ANSWER to #3 Counterclaim by El Toreador Properties Group, L.P.. (Attachments: #1 Proof of Service)(Leer, Jack). Modified on 9/7/2017 - Wrong event. QC Email sent. Corrected text (jah). |
| Filing 5 DEMAND for Trial by Jury by El Toreador Properties Group, L.P.. (Attachments: #1 Proof of Service)(Leer, Jack). (jah). |
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Filing 4
NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 10/31/2017 09:00 AM in chambers before Magistrate Judge Andrew G. Schopler. Case Management Conference set for 10/31/2017 09:00 AM in chambers before Magistrate Judge Andrew G. Schopler. Joint Discovery Plan due 10/24/2017. Signed by Magistrate Judge Andrew G. Schopler on 8/17/2017.(knb)
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| Filing 3 ANSWER to Complaint with Jury Demand By all named Defts, ADF et al., COUNTERCLAIM against All Defendants by American Duty Free, LLC.(Hocker, Robert) (knb). |
| Filing 2 NOTICE of Party With Financial Interest by American Duty Free, LLC, Laura Dray, Philippe Dray, Duty Free City USA, LLC. Identifying Other Affiliate Dray Holdings, LLC, Other Affiliate Moonview, LLC, Other Affiliate P&M Finance Company, LLC, Other Affiliate M2A Consulting Corporation, Other Affiliate AP Miami, LLC for American Duty Free, LLC. Identifying Other Affiliate Dray Holdings, LLC, Other Affiliate Moonview, LLC, Other Affiliate M2A Consulting Corporation, Other Affiliate AP Miami, LLC, Other Affiliate Duty Free Holdings, LLC, Other Affiliate P&M Finance Company for Duty Free City USA, LLC. Identifying Other Affiliate Cedar Realty Group, L.P. for El Toreador Property Group, L.P. (ajs) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, County of San Diego, case number 37-02017-00019601-CU-BC-CTL. (Filing fee $400 receipt number 0974-10330386.), filed by American Duty Free, LLC, Philippe Dray, Laura Dray, Duty Free City USA, LLC. (Attachments: #1 Declaration of Philippe Dray, #2 Declaration of Robert Hocker, #3 Civil Cover Sheet)The new case number is 3:17-cv-01608-BAS-AGS. Judge Cynthia Bashant and Magistrate Judge Andrew G. Schopler are assigned to the case.(ajs) (sjt). |
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