Hurford Global LLC v. ROM 3 California, LLC et al
| Hurford Global LLC |
| ROM 3 California, LLC, Peter Arn, Sanford A Gomberg, ROM3 California, LLC, ROM Technologies, Inc., ROM and Nevada limited liability company |
| 3:2020cv00484 |
| May 26, 2020 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 10, 2020. A more recent docket listing may be available from PACER.
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| Filing 59 Case transferred from Illinois Southern has been opened in CENTRAL DISTRICT OF CALIFORNIA as case 2:20-cv-10203, filed 11/06/2020. (trb) |
| Filing 58 Docket Annotation. Case electronically transferred to Central District of California to be heard in it's Western Division based in Los Angeles. (amv) |
Filing 57
MEMORANDUM AND ORDER, The Court DENIES Hurford Global's motion to strike the defendants' reply brief (Doc. 52), GRANTS in part and DENIES in part the defendants' motion (Doc.42)and TRANFERS this case pursuant to 28 U.S.C. 1404(a) to the United States District Court for the Central District of California to be heard in its Western Division based in Los Angeles. Signed by Judge J. Phil Gilbert on 11/3/2020. (jdh)
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| Filing 56 Sealed Document Declaration of Dr. Patricia Hurford in Support of Response to Defendants' Motion to Dismiss or Transfer Venue re #42 Motion to Dismiss/Lack of Jurisdiction,, by Hurford Global LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35)(Green, Kevin) |
| Filing 55 Sealed Document Plaintiff Hurford Global, LLC's Response to Defendants' Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) or, In the Alternative, to Transfer Venue to the Central District of California Pursuant to 28 U.S.C. 1404(a) re #42 Motion to Dismiss/Lack of Jurisdiction,, by Hurford Global LLC. (Green, Kevin) |
| Filing 54 RESPONSE in Opposition re #52 MOTION to Strike Defendants 'Replyin Support of Their Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Fed. R. Civ. P 12(b)(2) or, In the Alternative, to Transfer Venue to the Central District of California Pursuant to 28 USC 1404(a) filed by Peter Arn, Sanford A Gomberg, ROM Technologies, Inc., ROM3 California, LLC. (Attachments: #1 Exhibit 1)(Heidenreich, Roger) |
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Filing 53
ORDER granting #49 Motion for Leave to File under seal. Court records are presumptively open to the public. Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 568 (7th Cir. 2000). However, a court may seal records to protect trade secrets or other kinds of information deserving of long-term confidentiality. Baxter Int'l, Inc. v. Abbott Labs., 297 F.3d 544, 545 (7th Cir. 2002); Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 598 (1978). The material sought to be filed under seal in this case is appropriate to be kept out of the public eye to protect confidential financial and other proprietary business terms which, if disclosed, would create an unwarranted competitive advantage. Accordingly, the Court ORDERS that the plaintiff shall have seven days to electronically file under seal a copy of its unredacted response to the defendants' #47 motion to dismiss and all its attached exhibits in unredacted form. Signed by Judge J. Phil Gilbert on 9/16/2020. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 52 MOTION to Strike Defendants 'Replyin Support of Their Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Fed. R. Civ. P 12(b)(2) or, In the Alternative, to Transfer Venue to the Central District of California Pursuant to 28 U.S.C 1404(a). by Hurford Global LLC. (Green, Kevin) |
| Filing 51 NOTICE REGARDING FILING re #50 Reply to Response to Motion, filed by Peter Arn, Sanford A Gomberg, ROM Technologies, Inc. Incorrect case number on document. The correct case number is 3:20-cv-484-JPG. This Notice is sent for informational purposes only. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 50 REPLY to Response to Motion re #42 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss First Amended Complaint Pursuant to Federal Rules of Civil Procedure Rule 12(b)(2) for Lack of Personal Jurisdiction or, in the alternative, to Transfer Venue to the Central District of C filed by Peter Arn, Sanford A Gomberg, ROM Technologies, Inc.. (Heidenreich, Roger) |
| Filing 49 MOTION for Leave to File Under Seal by Hurford Global LLC. (Green, Kevin) |
| Filing 48 EXHIBIT by Hurford Global LLC. Declaration of Dr. Patricia Hurford in Support of Response to Defendants' Motion to Dismiss or Transfer Venue. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35)(Green, Kevin) |
| Filing 47 RESPONSE to Defendants' Motion to Dismiss Plainiff's First Amended Complaint Pursuant to Fed. R. Civ. P. 12 (b)(2) or, In the Alternative, to Transfer Venue to the Central District of California Pursuant to 28 U.S.C. 1404(a) filed by Hurford Global LLC. (Green, Kevin) |
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Filing 46
AMENDED SCHEDULING AND DISCOVERY ORDER: The Joint Report of Parties is approved and entered. Discovery due by 8/6/2021. Dispositive Motions due by 8/23/2021. The Final Pretrial Conference is scheduled for 12/1/2021 at 9:00 AM with a Jury Trial date of 12/13/2021 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Signed by Judge J. Phil Gilbert on 8/31/2020. (Attachments: #1 Joint Report)(tag)
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Filing 45
ORDER GRANTING #44 Joint MOTION for Track "C" Assignment filed by Defendants. Final Pretrial Conference is Reset for 12/1/2021 at 9:30 AM with a Jury Trial date of 12/13/2021 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. The parties are ORDERED to submit an amended joint report and proposed scheduling and discovery order that is in accord with the current trial date of December 13, 2021 to JPGpd@ilsd.uscourts.gov by September 4, 2020. Signed by Judge J. Phil Gilbert on 8/20/2020. (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 44 Joint MOTION for Track "C" Assignment by All Defendants. (Heidenreich, Roger) |
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Filing 43
SCHEDULING AND DISCOVERY ORDER: The Joint Report of Parties is approved and entered. Discovery due by 3/8/2021. Dispositive Motions due by 3/23/2021. The Final Pretrial Conference is scheduled for 7/7/2021 at 9:00 AM with a Jury Trial date of 7/19/2021 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Signed by Judge J. Phil Gilbert on 8/10/2020. (Attachments: #1 Joint Report)(tag)
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| Filing 42 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss First Amended Complaint Pursuant to Federal Rules of Civil Procedure Rule 12(b)(2) for Lack of Personal Jurisdiction or, in the alternative, to Transfer Venue to the Central District of California Pursuant to 28 USC 1404(a) Pursuant to a Mandatory Contractual Forum Selection Clause by All Defendants. Responses due by 9/3/2020 (Attachments: #1 Declaration of Peter Arn in Support of Motion to Dismiss First Amended Complaint)(Heidenreich, Roger) |
| Filing 41 CJRA TRACK B assigned: Final Pretrial Conference is scheduled for 7/7/2021 at 9:00 AM with a Jury Trial date of 7/19/2021 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Parties are to submit a Joint Report regarding Proposed Scheduling and Discovery Order within 21 days of the entry of this filing. Scheduling/Discovery and Settlement Conferences will NOT be set for hearing unless requested by the parties or deemed necessary by the Court. (tag) |
| Filing 40 Sealed Document First Amended Complaint by Hurford Global LLC. (Attachments: #1 Exhibit Sealed 1, #2 Exhibit Sealed 2)(Goldenberg, Mark) |
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Filing 39
ORDER granting #38 Motion for Leave to File Under Seal. Court records are presumptively open to the public. Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 568 (7th Cir. 2000). However, a court may seal records to protect trade secrets or other kinds of information deserving of long-term confidentiality. Baxter Int'l, Inc. v. Abbott Labs., 297 F.3d 544, 545 (7th Cir. 2002); Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 598 (1978). The material sought to be filed under seal in this case is appropriate to be kept out of the public eye to protect confidential financial and other proprietary business terms which, if disclosed, would create an unwarranted competitive advantage. Accordingly, the Court ORDERS that the plaintiff shall have seven days to electronically file under seal a copy of the unredacted First Amended Complaint attaching all exhibits in unredacted form. Signed by Judge J. Phil Gilbert on 7/13/2020. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 38 MOTION for Leave to File Under Seal by Hurford Global LLC. (Green, Kevin) |
| Filing 37 AMENDED COMPLAINT (Redacted) against Peter Arn, Sanford A Gomberg, ROM Technologies, Inc., filed by Hurford Global LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (redacted))(Goldenberg, Mark) |
| Filing 36 NOTICE of Appearance by Kevin P. Green on behalf of Hurford Global LLC (Green, Kevin) |
| Filing 35 NOTICE of Appearance by Zachary Tyler Shelton on behalf of Hurford Global LLC (Shelton, Zachary) |
| Set Deadlines: Amended Pleadings due by 7/2/2020. (amv) |
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Filing 34
MEMORANDUM AND ORDER, re: jurisdictional defect. Amended pleading due by 7/2/2020. Signed by Judge J. Phil Gilbert on 6/18/2020. (jdh)
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| Filing 33 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge J. Phil Gilbert for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 20-cv-484-JPG. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 32
ORDER granting #27 Motion to Appear Pro Hac Vice filed by Attorney Ian N. Feinberg. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 31 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Heidenreich, Roger) |
| Filing 30 Corporate Disclosure Statement by ROM3 California, LLC. (Heidenreich, Roger) |
| Filing 29 NOTICE of Appearance by Roger K. Heidenreich on behalf of Peter Arn, Sanford A Gomberg, ROM3 California, LLC (Heidenreich, Roger) |
| Filing 28 NOTICE of Appearance by Michael Edward Harriss on behalf of Peter Arn, Sanford A Gomberg, ROM3 California, LLC (Harriss, Michael) |
| Filing 27 MOTION to Appear Pro Hac Vice by Attorney Ian N. Feinberg $200 fee paid,receipt number 0754-4202643 by on behalf of Peter Arn, Sanford A Gomberg, ROM3 California, LLC. (Feinberg, Ian) |
| Filing 26 WAIVER OF SERVICE Returned Executed by All Plaintiffs. Sanford A Gomberg waiver sent on 6/8/2020, answer due 8/7/2020. (Pierce, David) |
| Filing 25 WAIVER OF SERVICE Returned Executed by All Plaintiffs. ROM3 California, LLC waiver sent on 6/8/2020, answer due 8/7/2020. (Pierce, David) |
| Filing 24 WAIVER OF SERVICE Returned Executed by All Plaintiffs. Peter Arn waiver sent on 6/8/2020, answer due 8/7/2020. (Pierce, David) |
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Filing 23
ORDER granting #22 Motion to Appear Pro Hac Vice by Attorney David H. Pierce on behalf of All Plaintiffs.(trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 22 First MOTION to Appear Pro Hac Vice by Attorney David H. Pierce $200 fee paid,receipt number 0754-4189777 on behalf of All Plaintiffs. (Pierce, David) Modified on 6/2/2020 (trb). |
| Filing 21 Summons Issued as to Peter Arn and original mailed to Attorney Goldenberg. (kdw) |
| Filing 20 Summons Issued as to ROM3 California, LLC and original sent to Attorney Goldenberg. (kdw) |
| Filing 19 Summons Issued as to Sanford A Gomberg and original mailed to Attorney Goldenberg. (kdw) |
| Filing 18 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #17 Motion to Appear Pro Hac Vice filed by Hurford Global LLC. A Motion for Pro Hac Vice cannot be filed on behalf of another Attorney. Attorney David H. Pierce must first obtain his own login credentials for CM/ECF and then will file his own Motion. Upon re-filing the motion, Attorney Pierce should bypass pay.gov as to not incur an additional fee. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 17 STRICKEN - MOTION to Appear Pro Hac Vice for David H. Pierce by Attorney Mark C. Goldenberg $200 fee paid,receipt number 0754-4189777 by on behalf of All Plaintiffs. (Attachments: #1 Exhibit CA Certificate of Standing)(Goldenberg, Mark) Modified on 5/28/2020 (kek). |
| Filing 16 EXHIBIT by All Plaintiffs. Exhibit to #1 Complaint Exhibit 1. (Goldenberg, Mark) |
| Filing 15 EXHIBIT by All Plaintiffs. Exhibit to #1 Complaint . (Goldenberg, Mark) |
| Filing 14 Summons Requested. (Goldenberg, Mark) |
| Filing 13 Summons Requested. (Goldenberg, Mark) |
| Filing 12 Summons Requested. (Goldenberg, Mark) |
| Filing 11 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #3 , #4 , and #5 Summons Requested. The summonses submitted are incomplete and in fillable format. Fillable document should be converted to non-fillable PDF before filing on CM/ECF. Summonses are to be completed with defendants name and address with the listed Plaintiff's Attorney who it must be served. Filer is to re-file the documents. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 10 NOTICE OF ACTION re #1 Complaint filed by Hurford Global LLC. The Civil Cover Sheet was not filed as an attachment to the Complaint as instructed. The Civil Cover sheet must be filed using the event found under Civil > Other Documents > Exhibit and linked back to the Complaint docket entry. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 9 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Hurford Global LLC, Reona J. Daly. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 20-484-RJD. Consent due by 6/17/2020 (kdw) |
| Filing 8 Corporate Disclosure Statement by All Plaintiffs. (Goldenberg, Mark) |
| Filing 7 NOTICE of Appearance by Mark C. Goldenberg on behalf of All Plaintiffs (Goldenberg, Mark) |
| Filing 6 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #2 Notice of Appearance filed by Hurford Global LLC. Document includes a clerical error. Filer will re-file. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 5 STRICKEN Summons Requested. (Goldenberg, Mark) Modified on 5/27/2020 (kdw). |
| Filing 4 STRICKEN Summons Requested. (Goldenberg, Mark) Modified on 5/27/2020 (kdw). |
| Filing 3 STRICKEN Summons Requested. (Goldenberg, Mark) Modified on 5/27/2020 (kdw). |
| Filing 2 STRICKEN NOTICE of Appearance by Mark C. Goldenberg on behalf of All Plaintiffs (Goldenberg, Mark) Modified on 5/27/2020 (kdw). |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0754-4188451.), filed by All Plaintiffs. (Attachments: #1 Exhibit 1)(Goldenberg, Mark) |
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