Primacy Engineering, Inc. v. ITE, Inc. et al
Plaintiff: Primacy Engineering, Inc.
Defendant: Christian S. Brown, Ted Raitch, Does 1-100, ISPA Technology, LLC and ITE, Inc.
Case Number: 3:2018cv01781
Filed: August 1, 2018
Court: US District Court for the Southern District of California
Office: San Diego Office
County: XX US, Outside State
Presiding Judge: Gonzalo P Curiel
Referring Judge: Mitchell D Dembin
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 ds
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 19, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 4, 2018 Opinion or Order Filing 30 ORDER Granting #24 Motion for Leave to File Memorandums in Excess of a Combined 25 Pages. Signed by Judge Gonzalo P. Curiel on 9/4/18. (dlg)
August 30, 2018 Filing 29 AFFIDAVIT in Support re #24 MOTION for Leave to File MEMORANDUMS OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS (FED. R. CIV. PROC. 12(B)(2)), MOTION TO DISMISS (FED. R. CIV. PROC 12(B)(6)), AND MOTION TO STRIKE (CAL. CODE CIV. PROC. 425.16) IN EXCESS OF A C ombined 25 pages filed by ITE, Inc.. (Florence, David) (dlg).
August 28, 2018 Opinion or Order Filing 28 ORDER Granting Joint #27 Motion for an Order Setting Briefing Schedule re #4 , #5 , #7 , #21 , #23 . Any response to the motions shall be due on September 10, 2018. Any replies shall be due on September 24, 2018. In addition, the Court hereby resets the hearing on these matters, scheduled for September 28, 2018, to October 26, 2018, at 1:30 p.m. Signed by Judge Gonzalo P. Curiel on 8/28/18. (dlg)
August 23, 2018 Filing 27 Joint MOTION for Extension of Time to File Response/Reply by Primacy Engineering, Inc.. (Gessin, Jesse) (dlg).
August 21, 2018 Filing 26 NOTICE of Joinder by ITE, Inc., Ted Raitch re #4 MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Proof of Service)(Florence, David) (dlg).
August 21, 2018 Filing 25 NOTICE of Joinder by ISPA Technology, LLC, Ted Raitch re #5 MOTION to Strike Pursuant to C.C.P. 425.16 (Attachments: #1 Proof of Service)(Florence, David) (dlg).
August 21, 2018 Filing 24 MOTION for Leave to File MEMORANDUMS OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS (FED. R. CIV. PROC. 12(B)(2)), MOTION TO DISMISS (FED. R. CIV. PROC 12(B)(6)), AND MOTION TO STRIKE (CAL. CODE CIV. PROC. 425.16) IN EXCESS OF A COMBINED 25 PAGES by ITE, Inc., Ted Raitch. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Florence, David) (dlg).
August 20, 2018 Filing 23 Amended MOTION to Dismiss for Failure to State a Claim by ITE, Inc., Ted Raitch. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of David M. Florence, #3 Declaration of Ted Raitch, #4 Exhibit 1 of Raitch Declaration, #5 Exhibit 2 of Raitch Declaration, #6 Exhibit 3 of Raitch Declaration, #7 Exhibit 4 of Raitch Declaration, #8 Exhibit 5 of Raitch Declaration, #9 Exhibit 6 of Raitch Declaration, #10 Exhibit 7 of Raitch Declaration, #11 Exhibit 8 of Raitch Declaration, #12 Declaration of Myoungseok Oh, #13 Exhibit A of Oh Declaration, #14 Exhibit B of Oh Declaration, #15 Proof of Service)(Florence, David) (dlg).
August 20, 2018 Filing 22 NOTICE of Withdrawal by ITE, Inc., Ted Raitch re #9 MOTION to Dismiss Plaintiff's Complaint for Damages Pursuant to FRCP 12(b)(6) (Attachments: #1 Proof of Service)(Florence, David) (dlg).
August 20, 2018 Filing 21 Amended MOTION to Strike #8 MOTION to Strike Plaintiff's Complaint Pursuant to CCP Section 425.16 (Anti-Slapp Motion) by ITE, Inc., Ted Raitch. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Myoungseok Oh, #3 Exhibit A to Oh Declaration, #4 Exhibit B to Oh Declaration, #5 Declaration of Ted Raitch, #6 Exhibit 1 to Raitch Declaration, #7 Exhibit 2 to Raitch Declaration, #8 Exhibit 3 to Raitch Declaration, #9 Exhibit 4 to Raitch Declaration, #10 Exhibit 5 to Raitch Declaration, #11 Exhibit 6 to Raitch Declaration, #12 Exhibit 7 to Raitch Declaration, #13 Exhibit 8 to Raitch Declaration, #14 Proof of Service)(Florence, David) (dlg).
August 20, 2018 Filing 20 NOTICE of Withdrawal by ITE, Inc., Ted Raitch re #8 MOTION to Strike Plaintiff's Complaint Pursuant to CCP Section 425.16 (Anti-Slapp Motion) (Attachments: #1 Proof of Service)(Florence, David) (dlg).
August 16, 2018 Filing 19 NOTICE of Appearance of Counsel by Christopher John Bakes on behalf of ITE, Inc., Ted Raitch (Bakes, Christopher)Attorney Christopher John Bakes added to party ITE, Inc.(pty:dft), Attorney Christopher John Bakes added to party Ted Raitch(pty:dft) (dlg).
August 10, 2018 Filing 18 NOTICE of Joinder by Christian S. Brown (Attachments: #1 Proof of Service JoinderMotStrike)(Bingham, Roger) (dlg).
August 10, 2018 Filing 17 NOTICE of Joinder by Christian S. Brown (Attachments: #1 Proof of Service NoticeJoinderMotDismiss)(Bingham, Roger) (dlg).
August 9, 2018 Filing 16 NOTICE of Appearance by Primacy Engineering, Inc. (Attachments: #1 Proof of Service)(Pancer, Ian)Attorney Ian Pancer added to party Primacy Engineering, Inc.(pty:pla) Corrected filer's caps lock (rmc).
August 9, 2018 Filing 15 NOTICE of Errata Regarding Myoungseok Oh Declaration by ITE, Inc., Ted Raitch re #8 MOTION to Strike Plaintiff's Complaint Pursuant to CCP Section 425.16 (Anti-Slapp Motion) (Attachments: #1 Exhibit A to Myoungseok Oh Declaration, #2 Proof of Service)(Florence, David) QC mail sent - instructed to withdraw and refile (rmc).
August 9, 2018 Filing 14 NOTICE of Errata Regarding Declaration of Myoungseok Oh by ITE, Inc., Ted Raitch re #9 MOTION to Dismiss Plaintiff's Complaint for Damages Pursuant to FRCP 12(b)(6) (Attachments: #1 Exhibit A to Myoungseok Oh Declaration, #2 Proof of Service)(Florence, David) QC mail sent - instructed to withdraw and refile(rmc).
August 9, 2018 Filing 13 CERTIFICATE OF SERVICE by ITE, Inc., Ted Raitch re #9 MOTION to Dismiss Plaintiff's Complaint for Damages Pursuant to FRCP 12(b)(6) (Florence, David) (rmc).
August 9, 2018 Filing 12 CERTIFICATE OF SERVICE by ITE, Inc., Ted Raitch re #8 MOTION to Strike Plaintiff's Complaint Pursuant to CCP Section 425.16 (Anti-Slapp Motion) (Florence, David) (rmc).
August 9, 2018 Filing 11 CERTIFICATE OF SERVICE by ITE, Inc., Ted Raitch re #7 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(2) (Florence, David) (rmc).
August 8, 2018 Opinion or Order Filing 10 ORDER Setting Briefing Schedule. On 8/8/2018, Defendants ITE, Inc. and Ted Raitsch filed a Motion to Dismiss Pursuant to 12(b)(2), a Motion to Strike Plaintiff's Complaint Pursuant to Cal. Civ. Proc. 425.16, and a Motion to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6). Dkt. Nos. 7-9. The Court accordingly sets the/ following briefing schedule. Any response shall be filed on or by 8/29/2018. Any reply shall be filed on or by 9/12/2018. A hearing date has been scheduled for 9/28/2018 at 1:30 PM in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 8/8/2018.(rmc)
August 8, 2018 Filing 9 *** WITHDRAWN PER ECF 22 *** MOTION to Dismiss Plaintiff's Complaint for Damages Pursuant to FRCP 12(b)(6) by ITE, Inc., Ted Raitch. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Ted Raitch, #3 Exhibit 1 of Raitch Dec., #4 Exhibit 2 of Raitch Dec., #5 Exhibit 3 of Raitch Dec., #6 Exhibit 4 of Raitch Dec., #7 Exhibit 5 of Raitch Dec., #8 Exhibit 6 of Raitch Dec., #9 Exhibit 7 of Raitch Dec., #10 Exhibit 8 of Raitch Dec., #11 Declaration of Myeoungseok Oh, #12 Exhibit B of Oh Dec.)(Florence, David) (rmc). Modified on 8/21/2018 (dlg).
August 8, 2018 Filing 8 *** WITHDRAWN PER ECF 20 *** MOTION to Strike Plaintiff's Complaint Pursuant to CCP Section 425.16 (Anti-Slapp Motion) by ITE, Inc., Ted Raitch. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Ted Raitch, #3 Exhibit 1 to Raitch Dec., #4 Exhibit 2 to Raitch Dec., #5 Exhibit 3 to Raitch Dec., #6 Exhibit 4 to Raitch Dec., #7 Exhibit 5 to Raitch Dec., #8 Exhibit 6 to Raitch Dec., #9 Exhibit 7 to Raitch Dec., #10 Exhibit 8 to Raitch Dec., #11 Declaration of Myoungseok Oh, #12 Exhibit B to Oh Dec.)(Florence, David) (rmc). Modified on 8/21/2018 (dlg).
August 8, 2018 Filing 7 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(2) by ITE, Inc., Ted Raitch. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(Florence, David) (rmc).
August 6, 2018 Opinion or Order Filing 6 ORDER Setting Briefing Schedule. On 8/6/2018, Defendant ISPA Technology, LLC, filed a Motion to Dismiss for Failure to State a Claim and a Motion to Strike Pursuant to Cal Code of Civil Procedure 425.16. The Court accordingly sets the following briefing schedule. Any response shall be filed on or by 8/27/2018. Any reply shall be filed on or by 9/10/2018. A hearing date has been scheduled for 9/28/2018 at 1:30 PM in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 8/6/2018.(rmc)
August 6, 2018 Filing 5 MOTION to Strike Pursuant to C.C.P. 425.16 by ISPA Technology, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service)(McFaul, James) (rmc).
August 6, 2018 Filing 4 MOTION to Dismiss for Failure to State a Claim by ISPA Technology, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(McFaul, James)Attorney James A McFaul added to party ISPA Technology, LLC(pty:dft) (rmc).
August 6, 2018 Filing 3 NOTICE of Change in Handling Attorney by ITE, Inc., Ted Raitch (Florence, David)Attorney David Mitchell Florence added to party ITE, Inc.(pty:dft), Attorney David Mitchell Florence added to party Ted Raitch(pty:dft) Corrected filer's caps lock; sent QC mail - advised that each attorney needs to file their own Notice of Appearance (rmc).
August 1, 2018 Filing 2 NOTICE of Party With Financial Interest by ITE, Inc. No Parties With Financial Interest. (tcf) (dsn)
August 1, 2018 Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego, case number 37-2018-00022167-CU-BT-CTL. ( Filing fee $ 400 receipt number 0974-11515034.), filed by Ted Raitch, ITE, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Declaration of David Florence, #15 Declaration of Ted Raitch, #16 Proof of Service)The new case number is 3:18-cv-1781-GPC-MDD. Judge Gonzalo P. Curiel and Magistrate Judge Mitchell D. Dembin are assigned to the case.(tcf) (dsn)

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Defendant: Christian S. Brown
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Defendant: Ted Raitch
Represented By: Ryan Lee Nilsen
Represented By: David Mitchell Florence
Represented By: Christopher John Bakes
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Defendant: Does 1-100
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Defendant: ISPA Technology, LLC
Represented By: James A McFaul
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Defendant: ITE, Inc.
Represented By: Ryan Lee Nilsen
Represented By: David Mitchell Florence
Represented By: Christopher John Bakes
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Plaintiff: Primacy Engineering, Inc.
Represented By: Jesse A. Gessin
Represented By: Ian Pancer
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