Dante Valve Company v. Republic Brass Sales, Inc. et al
Plaintiff: Dante Valve Company
Defendant: Does 1 through 200, Hawk Valve, Inc. and Republic Brass Sales, Inc.
Case Number: 3:2017cv02582
Filed: December 28, 2017
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Anthony J Battaglia
Referring Judge: William V Gallo
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on August 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 12, 2019 Opinion or Order Filing 64 ORDER granting Joint Motion to Dismiss Action with Prejudice (Doc. No. #63 ). Signed by Judge Anthony J. Battaglia on 8/12/2019. (jrm) (sjt).
July 16, 2019 Filing 63 Joint MOTION to Dismiss with Prejudice by Dante Valve Company. (McGuinness, Joseph) (acc).
July 16, 2019 Filing 62 PERMANENT INJUNCTION. Signed by Judge Anthony J. Battaglia on 7/16/2019.(acc)
July 12, 2019 Filing 61 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Settlement Disposition Conference held on 7/9/2019(no document attached) (ajf)
July 12, 2019 Filing 60 Joint MOTION Stipulated Permanent Injunction by Dante Valve Company. (McGuinness, Joseph) QC re: s/ signatures (acc).
June 14, 2019 Opinion or Order Filing 59 Order Scheduling Settlement Disposition Conference. Joint Motion for Dismissal due: 7/8/2019. If a Joint Motion for Dismissal and Proposed Order for Dismissal are not submitted by 7/8/2019, then a Settlement Disposition Conference shall be held. Settlement Disposition Conference set for 7/9/2019 07:30 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 6/14/2019.(acc)
June 14, 2019 Filing 58 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Early Neutral Evaluation Conference held on 6/14/2019. Case resolved.(no document attached) (ajf)
May 24, 2019 Filing 57 REPORT of Rule 26(f) Planning Meeting. (McGuinness, Joseph) (acc).
April 16, 2019 Opinion or Order Filing 56 AMENDED NOTICE AND ORDER for Early Neutral Evaluation Conference: Early Neutral Evaluation and Case Management Conference set for 6/14/2019 02:00 PM before Magistrate Judge William V. Gallo. Status Conference set for 6/11/2019 08:15 AM before Magistrate Judge William V. Gallo. Joint Discovery Plan due 5/28/2019. Signed by Magistrate Judge William V. Gallo on 4/16/2019.(acc)
April 11, 2019 Opinion or Order Filing 55 NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation and Case Management Conference set for 6/7/2019 09:00 AM before Magistrate Judge William V. Gallo. Telephonic attorneys-only Status Conference set for 6/4/2019 08:15 AM before Magistrate Judge William V. Gallo. Joint Discovery Plan due 5/23/2019. Signed by Magistrate Judge William V. Gallo on 4/11/2019.(acc)
April 11, 2019 Filing 54 ANSWER to #37 Amended Complaint by Republic Brass Sales, Inc.(Lazar, George) (acc).
March 28, 2019 Opinion or Order Filing 53 ORDER Granting in Part and Denying in Part #38 Defendant's Motion to Dismiss for Failure to State a Claim; Denying #39 Defendant's Motion Strike. The Court only GRANTS the motion to dismiss with regards to Plaintiff's negligence claim and DENIES on all other grounds. Signed by Judge Anthony J. Battaglia on 3/28/2019. (acc)
August 21, 2018 Opinion or Order Filing 52 ORDER BY JUDGE BATTAGLIA, Motions Submitted #38 MOTION to Dismiss for Failure to State a Claim and Motion for More Definite Statement, #39 MOTION to Strike pursuant to Rule 12(f). These motions are suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the motions will be deemed submitted as of this date.(no document attached) (sc)
August 14, 2018 Filing 51 NOTICE of Dismissal of Hawk Valve, Inc. by Dante Valve Company (McGuinness, Joseph) (acc).
July 5, 2018 Filing 50 REPLY to Response to Motion re #39 MOTION to Strike pursuant to Rule 12(f) filed by Republic Brass Sales, Inc. (Lazar, George) (acc).
July 5, 2018 Filing 49 REPLY to Response to Motion re #38 MOTION to Dismiss for Failure to State a Claim and Motion for More Definite Statement filed by Republic Brass Sales, Inc. (Lazar, George)(acc).
July 2, 2018 Filing 48 NOTICE of Withdrawal of Motion to Dismiss Dante Valve Company's Second Amended Complaint by Hawk Valve, Inc. re #41 MOTION to Dismiss for Lack of Jurisdiction (Swanholt, Erik)(acc).
June 28, 2018 Filing 47 RESPONSE in Opposition re #39 MOTION to Strike pursuant to Rule 12(f) filed by Dante Valve Company. (McGuinness, Joseph) (acc).
June 28, 2018 Filing 46 RESPONSE in Opposition re #38 MOTION to Dismiss for Failure to State a Claim and Motion for More Definite Statement filed by Dante Valve Company. (McGuinness, Joseph)(acc).
June 19, 2018 Opinion or Order Filing 45 ORDER Setting Briefing Schedule re #41 MOTION to Dismiss for Lack of Jurisdiction : Responses due by 7/3/2018; Replies due by 7/10/2018; sur-replies will not be accepted. Motion hearing scheduled for 8/23/18 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc)
June 18, 2018 Opinion or Order Filing 44 Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting re #43 Notice (Other), from Defendant Hawk Valve, Inc.. Non-compliance with local rule(s), Notice of Errata prohibited pursuant to CivLR 15.1.a. 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 Judge Anthony J. Battaglia on 6/18/2018.(acc) (Additional attachment(s) added on 6/18/2018: #1 Rejected Document) (acc).
June 15, 2018 Filing 43 ***STRICKEN per order #44 ***NOTICE of Errata re Memorandum of Points and Authorities by Hawk Valve, Inc. re #41 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Memo of Points and Authorities)(Swanholt, Erik) (acc). (Main Document 43 replaced on 6/18/2018) (acc). Modified on 6/18/2018 (acc).
June 15, 2018 Filing 42 NOTICE of Lodgment by Hawk Valve, Inc. re #41 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Proposed Order, #2 Proof of Service)(Swanholt, Erik) (acc).
June 14, 2018 Filing 41 ***WITHDRAWN PER NOTICE #48 ***MOTION to Dismiss for Lack of Jurisdiction by Hawk Valve, Inc. (Attachments: #1 Memo of Points and Authorities Memorandum of Points and Authorities in support of Motion to Dismiss, #2 Declaration Sidelsky Declaration, #3 Declaration Swanholt Declaration, #4 Request for Judicial Notice Request for Judicial Notice in support of Motion to Dismiss)(Swanholt, Erik)(acc). Modified on 7/3/2018 (acc).
June 14, 2018 Opinion or Order Filing 40 ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #38 MOTION to Dismiss for Failure to State a Claim and Motion for More Definite Statement, #39 MOTION to Strike pursuant to Rule 12(f) : Responses due by 6/28/2018; Replies due by 7/5/2018; sur-replies will not be accepted. Motion hearing scheduled for 8/23/18 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc)
June 14, 2018 Filing 39 MOTION to Strike pursuant to Rule 12(f) by Republic Brass Sales, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Lazar, George) (acc).
June 14, 2018 Filing 38 MOTION to Dismiss for Failure to State a Claim and Motion for More Definite Statement by Republic Brass Sales, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Proof of Service)(Lazar, George) (acc).
May 31, 2018 Filing 37 AMENDED COMPLAINT with Jury Demand Second Amended Complaint against All Defendants, filed by Dante Valve Company. (McGuinness, Joseph) (acc).
May 14, 2018 Opinion or Order Filing 36 ORDER granting #28 Plaintiff's Motion Seeking Leave to Amend. Plaintiff must file and serve his second amended complaint as a stand-alone document on or before 5/31/2018. Accordingly, Hawk's and Republic's dismissal motions are DENIED AS MOOT without prejudice. (Docs. No. 17, 19). Signed by Judge Anthony J. Battaglia on 5/14/2018. (acc)
April 27, 2018 Filing 35 NOTICE of Change of Address by George C Lazar (Lazar, George)(acc).
April 27, 2018 Filing 34 REPLY to Response to Motion re #28 MOTION to Amend/Correct for leave to file Second Amend Complaint of Republic Brass Sales, Inc. filed by Dante Valve Company. (McGuinness, Joseph)(acc).
April 27, 2018 Filing 33 REPLY to Response to Motion re #28 MOTION to Amend/Correct for leave to file Second Amend Complaint of Hawk Valve, Inc. filed by Dante Valve Company. (McGuinness, Joseph)(acc).
April 23, 2018 Filing 32 RESPONSE in Opposition re #28 MOTION to Amend/Correct for leave to file Second Amend Complaint filed by Hawk Valve, Inc. (Swanholt, Erik) (acc).
April 23, 2018 Filing 31 RESPONSE in Opposition re #28 MOTION to Amend/Correct for leave to file Second Amend Complaint filed by Republic Brass Sales, Inc. (Lazar, George) (acc).
April 9, 2018 Filing 30 NOTICE of Hearing on Motion #19 MOTION to Dismiss for Lack of Jurisdiction , #17 MOTION to Dismiss for Failure to State a Claim : Motion Hearings are hereby continued to 5/31/2018 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. (no document attached) (sc)
April 9, 2018 Opinion or Order Filing 29 ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #28 MOTION to Amend/Correct for leave to file Second Amend Complaint : Responses due by 4/23/2018; Replies due by 4/30/2018; sur-replies will not be accepted. Motion hearing scheduled for 5/31/18 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc)
April 9, 2018 Filing 28 MOTION to Amend/Correct for leave to file Second Amend Complaint by Dante Valve Company. (Attachments: #1 Memo of Points and Authorities Memorandum of Points and Authortities, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(McGuinness, Joseph)(acc).
February 22, 2018 Filing 27 REPLY to Response to Motion re #19 MOTION to Dismiss for Lack of Jurisdiction filed by Hawk Valve, Inc.. (Attachments: #1 Declaration of John H. Goelz)(Swanholt, Erik) (acc).
February 21, 2018 Filing 26 REPLY to Response to Motion re #17 MOTION to Dismiss for Failure to State a Claim filed by Republic Brass Sales, Inc. (Lazar, George)(acc).
February 16, 2018 Filing 25 OBJECTION by Republic Brass Sales, Inc. re #21 Response in Opposition to Motion (Request that Untimely Opposition Be Determined to Be Not Filed) (Lazar, George) (acc).
February 15, 2018 Filing 24 REQUEST FOR JUDICIAL NOTICE re #19 MOTION to Dismiss for Lack of Jurisdiction Request for Judicial Notice filed by Dante Valve Company. (Flashman, Jeffrey) Modified on 2/16/2018 to correct docket text(acc).
February 15, 2018 Filing 23 DECLARATION of Charles Dante in Opposition re #19 MOTION to Dismiss for Lack of Jurisdiction of Charles Dante filed by Dante Valve Company. (Flashman, Jeffrey) Modified on 2/16/2018 to correct docket text(acc).
February 15, 2018 Filing 22 RESPONSE in Opposition re #19 MOTION to Dismiss for Lack of Jurisdiction filed by Dante Valve Company. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E)(Flashman, Jeffrey) (acc).
February 15, 2018 Filing 21 RESPONSE in Opposition re #17 MOTION to Dismiss for Failure to State a Claim filed by Dante Valve Company. (Flashman, Jeffrey) (acc).
February 1, 2018 Opinion or Order Filing 20 ORDER Setting Briefing Schedule re #19 MOTION to Dismiss for Lack of Jurisdiction : Responses due by 2/15/2018; Replies due by 2/22/2018; sur-replies will not be accepted. Motion hearing scheduled for 5/3/18 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc)
February 1, 2018 Filing 19 MOTION to Dismiss for Lack of Jurisdiction by Hawk Valve, Inc.. (Attachments: #1 Declaration of Russell Sidelsky ISO Motion to Dismiss, #2 Declaration of Erik Swanholt ISO Motion to Dismiss)(Swanholt, Erik) (acc).
January 31, 2018 Opinion or Order Filing 18 ORDER Setting Briefing Schedule re #17 MOTION to Dismiss for Failure to State a Claim : Responses due by 2/14/2018; Replies due by 2/21/2018; sur-replies will not be accepted. Motion hearing scheduled for 5/3/18 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc)
January 31, 2018 Filing 17 MOTION to Dismiss for Failure to State a Claim by Republic Brass Sales, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Lazar, George) (acc).
January 22, 2018 Opinion or Order Filing 16 ORDER by Judge Battaglia: The Court's minute order (Doc. No. 12) was issued in error. Defendants' Motions (Doc. Nos. 3, 5, and 9) are denied as moot in light of Plaintiff's Amended Complaint (Doc. No. 11). (no document attached) (sc)
January 22, 2018 Opinion or Order Filing 15 ORDER finding as moot #3 Motion to Dismiss for Failure to State a Claim, in light of Plaintiff's Amended Complaint (Doc. No. 11) (no document attached) (sc)
January 22, 2018 Opinion or Order Filing 14 ORDER finding as moot #5 Motion to Strike, in light of Plaintiff's Amended Complaint (Doc. No. 11). (no document attached) (sc)
January 22, 2018 Opinion or Order Filing 13 ORDER finding as moot #9 Motion to Dismiss, in light of Plaintiff's Amended Complaint (Doc. No. 11). (no document attached) (sc)
January 22, 2018 Opinion or Order Filing 12 ORDER (AJB): Defendants have filed two dismissal motions and one striking motion between them. For all motions, plaintiff's responses were due by 1/18/18, however, nothing has been filed. Plaintiff must file a response by 1/31/18, or else the Court will deem his lack of response as a non-opposition to defendants' motions. See Local Rule 7.1.f.3.c. Should plaintiff file responses, defendants' replies are due by 2/7/18.(no document attached) (ela)
January 18, 2018 Filing 11 AMENDED COMPLAINT with Jury Demand against Does 1 through 200, Hawk Valve, Inc., Republic Brass Sales, Inc., filed by Dante Valve Company. (McGuinness, Joseph) (acc).
January 4, 2018 Opinion or Order Filing 10 ORDER Setting Briefing Schedule re #9 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6) : Responses due by 1/18/2018; Replies due by 1/25/2018; sur-replies will not be accepted. Motion hearing scheduled for 4/12/18 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc)
January 4, 2018 Filing 9 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6) by Hawk Valve, Inc.. (Attachments: #1 Declaration of Russell Sidelsky ISO Motion to Dismiss, #2 Declaration of Erik Swanholt ISO Motion to Dismiss)(Swanholt, Erik)(acc).
January 4, 2018 Opinion or Order Filing 8 ORDER Setting Briefing Schedule re #3 MOTION to Dismiss for Failure to State a Claim or Alternatively for More Definite Statement, #5 MOTION to Strike Punitive Damage Prayer : Responses due by 1/18/2018; Replies due by 1/25/2018; sur-replies will not be accepted. Motion hearing scheduled for 4/12/18 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc)
January 4, 2018 Filing 7 DEMAND for Trial by Jury by Republic Brass Sales, Inc. (Attachments: #1 Proof of Service)(Lazar, George) (acc).
January 4, 2018 Filing 6 NOTICE of Hearing on Motion to Strike by Republic Brass Sales, Inc. re #5 MOTION to Strike Punitive Damage Prayer (Attachments: #1 Proof of Service)(Lazar, George)(acc).
January 4, 2018 Filing 5 MOTION to Strike Punitive Damage Prayer by Republic Brass Sales, Inc. (Attachments: #1 Exhibit 1 to Motion to Strike, #2 Memo of Points and Authorities, #3 Proof of Service)(Lazar, George)(acc).
January 4, 2018 Filing 4 NOTICE OF HEARING on Motion to Dismiss by Republic Brass Sales, Inc. re #3 MOTION to Dismiss for Failure to State a Claim or Alternatively for More Definite Statement (Attachments: #1 Proof of Service)(Lazar, George)(acc).
January 4, 2018 Filing 3 MOTION to Dismiss for Failure to State a Claim or Alternatively for More Definite Statement by Republic Brass Sales, Inc.. (Attachments: #1 Exhibit 1 to Motion To Dismiss, #2 Memo of Points and Authorities, #3 Proof of Service)(Lazar, George) (acc).
December 29, 2017 Filing 2 CERTIFICATE OF SERVICE by Hawk Valve, Inc. re #1 Notice of Removal, (Swanholt, Erik). (jah).
December 28, 2017 Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, San Diego County, case number 37-02017-00029929-CU-BT-CTL. ( Filing fee $ 400 receipt number 0974-10764365), filed by Hawk Valve, Inc. (Attachments: #1 Civil Cover Sheet, #2 Declaration of Erik Swanholt in Support, #3 Exhibit 1 - State Court Complaint, #4 Exhibit 2 - State Court Summons, #5 Exhibit 3 - State Court Civil Cover Sheet, #6 Exhibit 4 - State Court Amendment to Complaint, #7 Exhibit 5 - State Court Notice of Case Assignment, #8 Exhibit 6 - State Court Demurrer, #9 Exhibit 7 - State Court Notice of Hearing on Demurrer, #10 Exhibit 8 - State Court Memorandum in Support of Demurrer, #11 Exhibit 9 - State Court 430.41(a)(3) Declaration to Demurrer, #12 Exhibit 10 - State Court Notice of Hearing on Demurrer, #13 Exhibit 11 - State Court Proof of Service, #14 Exhibit 12 - State Court Summons served on Hawk Valve, Inc.)The new case number is 3:17-cv-02582-AJB-WVG. Judge Anthony J. Battaglia and Magistrate Judge William V. Gallo are assigned to the case.(jms) (sjt).

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Search for this case: Dante Valve Company v. Republic Brass Sales, Inc. et al
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Defendant: Does 1 through 200
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Defendant: Hawk Valve, Inc.
Represented By: Erik C. Swanholt
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Defendant: Republic Brass Sales, Inc.
Represented By: George C Lazar
Represented By: George C. Lazar
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Plaintiff: Dante Valve Company
Represented By: Joseph G McGuinness
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