Sunfarms, LLC et al v. Eurus Energy America Corporation et al
| Mitch Dmohowski and Sunfarms, LLC |
| Eurus Energy America Corporation, Robert Eisen, Toyota Tsusho America Inc., DOES 1 through 100, EE Waianae Solar Project LLC, Toyota Tsusho Corporation, Satoshi Takahata and Eurus Energy America Inc. |
| 3:2018cv00058 |
| January 8, 2018 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| M James Lorenz |
| Andrew G Schopler |
| Contract: Other |
| 28 U.S.C. § 1446 bc |
| None |
Docket Report
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This docket was last retrieved on October 12, 2022. A more recent docket listing may be available from PACER.
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Filing 31
REPLY - Other re #29 MOTION to Dismiss Plaintiffs' First Amended Complaint, #30 Response in Opposition to Motion, Consolidated Reply Brief in Support of Motion to Dismiss Plaintiffs' First Amended Complaint filed by EE Waianae Solar Project LLC, Eurus Energy America Corporation. (Meeker, Jennifer) (sjt).
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Filing 30
RESPONSE in Opposition re #28 MOTION to Dismiss Eurus Energy America Corporation's and EE Waianae Solar Project LLC's Notice of Motion and Motion to Dismiss Plaintiffs' First Amended Complaint, #29 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Sunfarms, LLC. (Attachments: #1 Declaration Declaration re late filing)(Griffin, David)(sjt).
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Filing 29
MOTION to Dismiss Plaintiffs' First Amended Complaint by Toyota Tsusho America Inc.. (Attachments: #1 Declaration of Service)(Alessio, John) (sjt).
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Filing 28
MOTION to Dismiss Eurus Energy America Corporation's and EE Waianae Solar Project LLC's Notice of Motion and Motion to Dismiss Plaintiffs' First Amended Complaint by EE Waianae Solar Project LLC, Eurus Energy America Corporation. (Attachments: #1 Memo of Points and Authorities Consolidated Memorandum of Points and Authorities in Support of Motion to Dismiss Plaintiffs' First Amended Complaint)(Meeker, Jennifer) (sjt).
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Filing 27
Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re #26 MOTION to Dismiss Notice of Motion and Motion to Dismiss Plaintiffs' First Amended Complaint, #25 MOTION to Dismiss Plaintiffs' First Amended Complaint, from Defendants EE Waianae Solar Project LLC, Eurus Energy America Inc., Toyota Tsusho America Inc. Non-compliance with local rule(s), Judge Lorenz's Standing Order for Civil Cases (Motion Briefing) - No consolidation of briefing or affidavit filed explaining why there was not a consolidated briefing. 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 M. James Lorenz on 7/16/2018.(lrf) (Additional attachment(s) added on 7/17/2018: #1 Rejected Document 25, #2 Rejected Document 26) (lrf).
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Filing 26
**DOCUMENT STRICKEN PER ORDER #27 ** MOTION to Dismiss Notice of Motion and Motion to Dismiss Plaintiffs' First Amended Complaint by EE Waianae Solar Project LLC, Eurus Energy America Inc.. (Attachments: # 1 Memo of Points and Authorities in Support of Motion to Dismiss Plaintiffs' First Amended Complaint)(Meeker, Jennifer) (sjt). (Main Document 26 replaced on 7/17/2018) (lrf). Modified to strike on 7/17/2018 (lrf).
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Filing 25
**DOCUMENT STRICKEN PER ORDER #27 ** MOTION to Dismiss Plaintiffs' First Amended Complaint by Toyota Tsusho America Inc.. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion to Dismiss Plaintiffs' First Amended Complaint, # 2 Declaration of Service)(Alessio, John) (sjt). (Main Document 25 replaced on 7/17/2018) (lrf). Modified to strike on 7/17/2018 (lrf)
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Filing 24
ORDER granting #23 Motion for Extension of Time to Answer. It is hereby Ordered that Defendants deadline to respond to the FAC is extended by 30 days to and including July 13, 2018. Signed by Judge M. James Lorenz on 6/26/2018. (sjt)
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Filing 23
Joint MOTION for Extension of Time to File Response/Reply as to #22 Amended Complaint by EE Waianae Solar Project LLC, Eurus Energy America Inc.. (Attachments: #1 Proposed Order)(Meeker, Jennifer) (QC mailer sent re: proposed Order attached) (sjt).
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Filing 22
AMENDED COMPLAINT with Jury Demand against All Plaintiffs, filed by Sunfarms, LLC. (Griffin, David) (sjt).
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Filing 21
Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re #20 Amended Complaint, #19 Amended Complaint,, from Plaintiff Sunfarms, LLC. Non-compliance with local rule(s), Civ. L. Rule 15.1: Amended Pleadings not complete in themselves without reference to the superceded pleading. 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 M. James Lorenz on 6/13/2018.(sjt) (Additional attachment(s) added on 6/13/2018: #1 Rejected Document 19, #2 Rejected Document 20) (sjt).
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Filing 20
**DOCUMENT STRICKEN PER ORDER #21 ** AMENDED COMPLAINT with Jury Demand against All Plaintiffs, filed by Sunfarms, LLC. (Griffin, David) (Main Document 20 replaced on 6/13/2018) (sjt). Modified to strike on 6/13/2018 (sjt).
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Filing 19
**DOCUMENT STRICKEN PER ORDER #21 ** AMENDED COMPLAINT with Jury Demand Amended Complaint Errata against All Plaintiffs, filed by Sunfarms, LLC. (Griffin, David) (sjt). (Main Document 19 replaced on 6/13/2018) (sjt). Modified to strike on 6/13/2018 (sjt).
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Filing 18
AMENDED COMPLAINT with Jury Demand against All Plaintiffs, filed by Sunfarms, LLC. (Griffin, David) (sjt).
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Filing 17
ORDER granting #5 Motion to Dismiss. Plaintiffs first cause of action, alleging breach of contract, is dismissed to the extent it names plaintiffs other than Plaintiff Sunfarms LLC and defendants other than Defendant Eurus Energy America Corporation. This dismissal is without prejudice. Plaintiffs second, third, and fourth causes of action, alleging, respectively, bad faith, fraud, and violation of Californias Unfair Competition Law, are dismissed without prejudice. If Plaintiffs choose to file an amended complaint, they must do so within twenty one days of the entry of this order. Signed by Judge M. James Lorenz on 5/14/2018. (sjt)
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Filing 16
PRO HAC APPROVED: Stuart Alan Krause appearing for Defendant Toyota Tsusho America Inc. (no document attached) (jrd)
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Filing 15
Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-11105102 Re: Doc. No. #14 )(Application to be reviewed by Clerk.)(Attachments: #1 Declaration of service)(Krause, Stuart)(jrd)
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Filing 14
Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-11105102.)(Application to be reviewed by Clerk.) (Attachments: #1 Declaration of service)(Krause, Stuart)(QC Mailer; missing signature.)(jrd)
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Filing 13
ORDER granting #9 Joint Motion for Extension of Time to Answer. TAIs time to respond to the complaint is adjourned sine die, provided that: if the complaint remains operative, in whole or in part, following disposition of the motion to dismiss filed by defendants Eurus Energy America,EE Waianae Solar Project LLC, Robert Eisen, and Satoshi Takahata, then TAI shall respond to the complaint (or the operative parts thereof) within thirty (30) days of disposition of the Motion to Dismiss, and if Plaintiffs file an amended complaint, TAI shall respond to the amended complaint within 30 days of its filing, in which event TAI shall have no obligation to respond to the original complaint. Signed by Judge M. James Lorenz on 4/10/2018. (sjt)
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Filing 12
PRO HAC APPROVED: Michael Erik Sims appearing for Defendant Toyota Tsusho America Inc. (no document attached) (jrd)
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Filing 11
Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-11100483.)(Application to be reviewed by Clerk.) (Attachments: #1 Declaration of service)(Sims, Michael)(jrd)
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Filing 10
Corporate Disclosure Statement by Toyota Tsusho America Inc. identifying Corporate Parent Toyota Tsusho Corporation for Toyota Tsusho America Inc... (Attachments: #1 Declaration of Service)(Alessio, John) (sjt).
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Filing 9
Joint MOTION for Extension of Time to File Answer by Toyota Tsusho America Inc.. (Attachments: #1 Declaration of Service)(Alessio, John)Attorney John D Alessio added to party Toyota Tsusho America Inc.(pty:dft) Modified on 4/10/2018 (sjt).
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Filing 8
NOTICE of Change of Address by David Ryan Griffin (Attachments: #1 Proof of Service)(Griffin, David) (sjt).
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Filing 7
REPLY in Support re #5 MOTION to Dismiss Notice of Motion and Motion to Dismiss Plaintiff's Complaint and Memorandum of Points and Authorities in Support Thereof filed by EE Waianae Solar Project LLC, Robert Eisen, Eurus Energy America Corporation, Satoshi Takahata. (Meeker, Jennifer) (anh).
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Filing 6
RESPONSE in Opposition re #3 MOTION to Dismiss Notice of Motion and Motion to Dismiss Plaintiff's Complaint and Memorandum of Points and Authorities in Support Thereof, #5 MOTION to Dismiss Notice of Motion and Motion to Dismiss Plaintiff's Complaint and Memorandum of Points and Authorities in Support Thereof filed by Mitch Dmohowski, Sunfarms, LLC. (Attachments: #1 Proof of Service)(Griffin, David)(QC mailer sent re: missing motion hearing date) (sjt).
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Filing 5
MOTION to Dismiss Notice of Motion and Motion to Dismiss Plaintiff's Complaint and Memorandum of Points and Authorities in Support Thereof by EE Waianae Solar Project LLC, Robert Eisen, Eurus Energy America Corporation, Satoshi Takahata. (Attachments: #1 Memo of Points and Authorities)(Meeker, Jennifer) (sjt).
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Filing 4
Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re #3 MOTION to Dismiss Notice of Motion and Motion to Dismiss Plaintiff's Complaint and Memorandum of Points and Authorities in Support Thereof, from Defendants EE Waianae Solar Project LLC, Robert Eisen, Eurus Energy America Corporation, Satoshi Takahata. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. 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 M. James Lorenz on 1/26/2018.(sjt) (Additional attachment(s) added on 1/26/2018: #1 Rejected Document) (sjt).
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Filing 3
**DOCUMENT STRICKEN PER ORDER #4 ** MOTION to Dismiss Notice of Motion and Motion to Dismiss Plaintiff's Complaint and Memorandum of Points and Authorities in Support Thereof by EE Waianae Solar Project LLC, Robert Eisen, Eurus Energy America Corporation, Satoshi Takahata. (Attachments: # 1 Memo of Points and Authorities)(Meeker, Jennifer) (sjt). (Main Document 3 replaced on 1/26/2018) (sjt). Modified to strike on 1/26/2018 (sjt).
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Filing 2
NOTICE of Party With Financial Interest by EE Waianae Solar Project LLC, Robert Eisen, Eurus Energy America Corporation, Satoshi Takahata identifying Corporate Parent Tokyo Electric Power Company, Inc., Corporate Parent Toyota Tsusho Corporation, Corporate Parent Eurus Energy Holdings Corporation for Eurus Energy America Corporation. (jrm)
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Filing 1
NOTICE OF REMOVAL from Superior Court of California, County of San Diego, case number 37-02017-00046060-CU-BC-CTL ( Filing fee $ 400 receipt number 0974-10790369), filed by EE Waianae Solar Project LLC, Satoshi Takahata, Robert Eisen, Eurus Energy America Corporation. (Attachments: #1 Civil Cover Sheet, #2 State Court Complaint)The new case number is 3:18-cv-00058-L-AGS. Judge M. James Lorenz and Magistrate Judge Andrew G. Schopler are assigned to the case.(jrm) (sjt). Modified on 1/10/2018 to add receipt number (jrm).
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