Kush, Inc. v. Van Vranken
| Kush, Inc. |
| Frank Van Vranken |
| 2:2020cv00647 |
| April 6, 2020 |
| US District Court for the District of Nevada |
| Andrew P Gordon |
| Nancy J Koppe |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Document Text |
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| Filing 23 MINUTES OF PROCEEDINGS - Motion Hearing held on 5/28/2020 before Judge Andrew P. Gordon. Crtrm Administrator: M. Johansen; Pla Counsel: Kenneth Hogan; Def Counsel: Gregory Stein; Court Reporter: Heather Newman; Time of Hearing: 9:30 a.m.; The Court makes preliminary remarks and hears representations of counsel regarding Defendant's motion to dismiss #8 and Plaintiff's motion to remand #12 . As stated on the record, the motion to remand #12 is denied. The motion to dismiss is granted in part and denied in part. Claims three, six and seven are dismissed without prejudice. Plaintiff may amend his complaint within 10 days without having to file a motion for leave to amend. Counsel shall confer about whether plaintiff will amend and when the defendant's answer will be due. The minutes of this proceeding and the transcript will serve as the Court's official ruling. No separate order to follow. (no image attached) (Copies have been distributed pursuant to the NEF - MAJ) Modified on 5/28/2020 (MAJ). |
| Filing 22 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 5/21/2020. By Deputy Clerk: M. Johansen. The Court will hear argument on Defendant's motion to dismiss #8 and Plaintiff's motion to remand #12 on May 28, 2020 at 9:30 a.m. Pacific Daylight Time. Each side is limited to 10 minutes of argument in total.The hearing will be heard by video conference. The Courtroom Deputy will provide further instructions to the parties about how the video conference will be conducted. Counsel is instructed not to forward the link to others. If additional participants need to appear, counsel is directed to contact the courtroom administrator Melissa Johansen at Melissa_Johansen@nvd.uscourts.gov.Members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the courtroom administrator by email to request access to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (no image attached) (Copies have been distributed pursuant to the NEF - MAJ) |
| Filing 21 REPLY to Response to #12 Motion to Remand to State Court by Plaintiff Kush, Inc.. (Hogan, Kenneth) |
| Filing 20 RESPONSE to #12 Motion to Remand to State Court by Defendant Frank Van Vranken. Replies due by 5/13/2020. (Attachments: #1 Exhibit) (Stein, Gregory) |
| Filing 19 ERRATA to #18 Status Report by Defendant Frank Van Vranken. (Stein, Gregory) |
| Filing 18 Joint STATUS REPORT by Defendant Frank Van Vranken. (Stein, Gregory) |
| Filing 17 CLERK'S NOTICE of violation of Local Rules. ECF No. #16 was not filed pursuant to LR IA 10-3(d). An index of exhibits was not provided.Attorney Greg Stein is advised in the future to file documents pursuant to the Local Rules.No further action is required concerning this document at this time. Do NOT refile. (no image attached) (MMM) |
| Filing 16 REPLY to Response to #8 Motion to Dismiss by Defendant Frank Van Vranken. (Attachments: #1 Exhibit) (Stein, Gregory) |
| Filing 15 RESPONSE to #8 Motion to Dismiss by Plaintiff Kush, Inc.. Replies due by 5/4/2020. (Hogan, Kenneth) |
Filing 14
ORDER denying #13 Motion to Extend Time. Signed by Judge Andrew P. Gordon on 4/23/2020.(Copies have been distributed pursuant to the NEF - JM)
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| Filing 13 MOTION to Extend Time (First Request) re #8 Motion to Dismiss by Plaintiff Kush, Inc.. (Hogan, Kenneth) Modified docket text on 4/22/2020 (MMM). |
| Filing 12 MOTION to Remand to State Court by Plaintiff Kush, Inc.. Responses due by 5/6/2020. (Attachments: #1 Exhibit Ex. 1 Property Deed 1, #2 Exhibit Ex. 2 Property Deed 2) (Hogan, Kenneth) |
| Filing 11 STATEMENT REGARDING REMOVAL by Defendant Frank Van Vranken. (Stein, Gregory) |
| Filing 10 NOTICE OF RELATED CASES 2:20-cv-00649 by Defendant Frank Van Vranken. (Attachments: #1 Exhibit) (Stein, Gregory) |
| Filing 9 ERROR NOTICE to counsel re filing of #7 Certificate of Interested Parties. All interested parties were not properly entered on the docket. Attorney Gregory Stein advised that in the future, Certificates of Interested Parties filed with the District of Nevada shall be filed in accordance with FRCP 7.1 and LR 7.1-1, and shall enter on the docket all persons, associations of person, firms, partnerships or corporations (including parent corporations) which have a direct pecuniary interest in the outcome of the case. The entry has been corrected by the Court. Do NOT refile. (no image attached) (MMM) |
| Filing 8 MOTION to Dismiss by Defendant Frank Van Vranken. Responses due by 4/27/2020. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (Stein, Gregory) |
| Filing 7 CERTIFICATE of Interested Parties by Frank Van Vranken. There are no known interested parties other than those participating in the case (Stein, Gregory) Other affiliates Frank Van Vranken, Jr., Van Vranken Enterprises, Inc., North Cal Wood Products, Inc., and Mendocino Green, LLC for Frank Van Vranken added Modified on 4/14/2020 (MMM). |
| Filing 6 PROOF OF SERVICE for #1 Petition for Removal,, by Defendant Frank Van Vranken. (Stein, Gregory) Modified event on 4/10/2020 (MMM). |
| Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 4/7/2020. Each non-governmental party is required to file a certificate of interested parties concurrently with its first appearance in a case. Fed. R. Civ. P. 7.1(b)(1); Local Rule 7.1-1(c). Defendant failed to file a certificate of interested parties. Accordingly, Defendant must file a certificate of interested parties no later than April 14, 2020. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - TM) |
| Filing 4 CLERK'S NOTICE Regarding Local Rule IC 2-1(g). Filer's account information is different from the address information contained in the filed document, ECF No. #1 . Attorney Gregory A. Stein is advised to review and update his/her user account information. (no image attached) (MMM) |
| Filing 3 STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - JM) |
| Filing 2 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 4/6/2020. Statement regarding removed action is due by 4/21/2020. Joint Status Report regarding removed action is due by 5/6/2020. (Copies have been distributed pursuant to the NEF - JM) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Clark County, Nevada, Case Number A-20-811259-C, (Filing fee $ 400 receipt number 0978-5955610) by Frank Van Vranken, Sr. (Attachments: #1 Civil Cover Sheet, #2 Exhibit) (McKelleb, Michael) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Nancy J. Koppe. (JM) |
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| Defendant: Frank Van Vranken | |
| Represented By: | Gregory A. Stein |
| Represented By: | Michael Wayne McKelleb |
| Represented By: | Gregory Alan Stein |
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| Plaintiff: Kush, Inc. | |
| Represented By: | Kenneth E Hogan |
| Represented By: | Jeffrey L Hulet |
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