Cross Construction Company, LLC v. LA Laser Center, PC et al
Plaintiff: Cross Construction Company, LLC
Defendant: Daniel Taheri and LA Laser Center, PC
Case Number: 2:2020cv00938
Filed: May 26, 2020
Court: US District Court for the District of Nevada
Presiding Judge: Jennifer A Dorsey
Referring Judge: Brenda Weksler
Nature of Suit: Fraud
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Fraud
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 2, 2022 Filing 48 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 2/2/2022 denying motion to dismiss for failure to prosecute under FRCP 41(b) #36 . Defendants move to dismiss this action under FRCP 41(b), arguing that plaintiff unreasonably delayed the preparation of the discovery plan and scheduling order and the inception of discovery #36 . As defendants note, dismissal on this basis requires a showing of unreasonable delay. Omstead v. Dell, Inc., 594 F.3d 1081, 1084 (9th Cir. 2010). Defendants have not shown unreasonable delay justifying dismissal here. This is the defendants' fourth motion to dismiss, and the plaintiff has duly responded to each one. And although plaintiff did not file its proposed discovery plan and scheduling order #35 until four and a half months after defendants answered #34 , the case ultimately found its discovery footing and the parties' joint discovery plan and scheduling order #45 was approved in September #46 . IT IS THEREFORE ORDERED that the Motion to Dismiss under FRCP 41(b) #36 is DENIED. (no image attached) (Copies have been distributed pursuant to the NEF - JAD)
September 28, 2021 Filing 47 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (HAM)
September 28, 2021 Opinion or Order Filing 46 SCHEDULING ORDER granting #45 Discovery Plan and Scheduling Order; Discovery due by 1/20/2022. Motions due by 2/21/2022. Proposed Joint Pretrial Order due by 3/23/2022. Signed by Magistrate Judge Brenda Weksler on 9/28/2021. (Copies have been distributed pursuant to the NEF - HAM)
September 27, 2021 Filing 45 Joint Stipulated Discovery Plan and Scheduling Order by Plaintiff Cross Construction Company, LLC. (Knecht, Adam)
September 22, 2021 Filing 44 MINUTES OF PROCEEDINGS - Motion Hearing held on 9/22/2021 before Magistrate Judge Brenda Weksler. Crtrm Administrator: Jeff Miller; Pla Counsel: Adam Knecht, Esq.; Def Counsel: Mitchell Stipp, Esq.; Time of Hearing: 3:00pm; Electronic Court Recorder Operator: Liberty/CRD; Recording start and end times: 3:03:08 - 3:08:26; Courtroom: 3B; Due to ongoing concerns for health and safety during the Covid-19 pandemic, all parties appear via videoconference at these proceedings. The Court scheduled these proceedings regarding the Parties Joint Discovery Plan and Scheduling Order #38 , which the Court is not inclined to grant. The Court hears the respective positions of Counsel. IT IS ORDERED: Counsel shall refile their Proposed Discovery Plan and Scheduling Order by 9/27/2021 which will reflect a 120 day period of discovery as discussed in open court. (no image attached) (Copies have been distributed pursuant to the NEF - JAM)
August 26, 2021 Filing 43 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 8/26/2021. Regarding ECF No. #38 Discovery Plan and Scheduling Order: Hearing is set for 9/22/2021 at 3:00 p.m. in LV Courtroom 3B by Zoom videoconference before Magistrate Judge Brenda Weksler. To receive a Zoom invitation, counsel must contact Courtroom Administrator Jeff Miller at jeff_miller@nvd.uscourts.gov no later than noon on 9/21/2021 to provide e-mail addresses where their Zoom Conference invitations can be sent. (no image attached) (Copies have been distributed pursuant to the NEF - RA)
August 10, 2021 Filing 42 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 8/10/2021. Due to an unexpected conflict with the Court's calendar, IT IS ORDERED that the 8/11/2021 hearing is VACATED. The Court will re-set the hearing as soon as possible. (no image attached) (Copies have been distributed pursuant to the NEF - DCh)
August 4, 2021 Filing 41 REPLY to Response to #38 Discovery Plan and Scheduling Order, #36 Motion to Dismiss, by Defendants LA Laser Center, PC, Daniel Taheri. (Attachments: #1 Declaration of Mitchell Stipp in Support of Reply) (Stipp, Mitchell) Modified link on 8/4/2021 (DKJ).
July 28, 2021 Filing 40 RESPONSE to #36 Motion to Dismiss, by Plaintiff Cross Construction Company, LLC. Replies due by 8/4/2021. (Attachments: #1 Exhibit A, #2 Exhibit B) (Knecht, Adam)
July 28, 2021 Filing 39 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 7/28/2021. Regarding #38 Discovery Plan and Scheduling Order: Hearing set for 8/11/2021 at 11:00 AM in LV Courtroom 3B by Zoom videoconference before Magistrate Judge Brenda Weksler. To receive a Zoom invitation, counsel must contact courtroom administrator Jeff Miller at jeff_miller@nvd.uscourts.gov. (no image attached) (Copies have been distributed pursuant to the NEF - DCh)
July 23, 2021 Filing 38 Joint Stipulated Discovery Plan and Scheduling Order re 37 Order on Discovery Plan and Scheduling Order,,,, Minute Order,,, by Plaintiff Cross Construction Company, LLC. (Knecht, Adam)
July 16, 2021 Filing 37 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 7/16/2021. Before the Court is a proposed discovery plan and scheduling order. ECF No. #35 . IT IS ORDERED that ECF No. 35 is DENIED. The parties did not meet and confer regarding this discovery plan and scheduling order. Accordingly, IT IS FURTHER ORDERED that by 7/23/21, the parties must file a joint proposed discovery plan and scheduling order. To the extent the parties request more than the standard time under LR 26-1 (measured from the date the Defendant first answered or appeared), the parties must state, with specificity, why they need this additional time. If the parties have not been engaging in discovery since this case was filed, the parties must explain why this is so. (Copies have been distributed pursuant to the NEF - DCh)
July 14, 2021 Filing 36 MOTION to Dismiss #13 Certificate of Service, #35 Discovery Plan and Scheduling Order, #1 Complaint by Defendants LA Laser Center, PC, Daniel Taheri. Responses due by 7/28/2021. (Attachments: #1 Declaration of Mitchell Stipp in Support of Motion to Dismiss) (Stipp, Mitchell)
July 14, 2021 Filing 35 Proposed Discovery Plan and Scheduling Order by Plaintiff Cross Construction Company, LLC. (Knecht, Adam)
February 26, 2021 Filing 34 ANSWER to #27 Amended Complaint filed by LA Laser Center, PC, Daniel Taheri.(Stipp, Mitchell)
February 16, 2021 Filing 33 MINUTES OF PROCEEDINGS - Motion Hearing via videoconference held on 2/16/2021 before Judge Jennifer A. Dorsey. Crtrm Administrator: Danielle Cacciabaudo; Pla Counsel: Adam Knecht; Def Counsel: Mitchell Stipp; Court Reporter: Amber McClane; Time of Hearing: 10:02 a.m. - 10:18 a.m.; Courtroom: 6D; The Court makes preliminary remarks and hears representations of counsel. As stated on the record, the Court DENIES the Motion to Dismiss #29 . Defendant has 10 days to file its answer to the amended complaint. Court adjourns. The minutes of this proceeding and the transcript will serve as the Court's official ruling. No separate written order will be issued. (no image attached) (Copies have been distributed pursuant to the NEF - DC)
February 3, 2021 Filing 32 NOTICE Setting Hearing on #29 Second MOTION to Dismiss: Motion Hearing set for 2/16/2021 at 10:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey.The hearing will be conducted using Zoom video conference. Closer to the hearing, the courtroom administrator will provide counsel listed on the docket with the Zoom link to attend the video conference. Counsel is instructed not to forward the link to others. If additional participants need to appear, counsel is directed to contact Courtroom Administrator Danielle Cacciabaudo at danielle_cacciabaudo@nvd.uscourts.gov. For clarity of the record and best participation, the Court strongly recommends that all participants use a headset with a microphone during the 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.Members of the public may access and listen to the hearing by calling 888-808-6929 and entering access code 2178469 no later than five minutes before the scheduled hearing start time. (no image attached) (DC)
January 19, 2021 Filing 31 REPLY to Response to #29 Motion to Dismiss by Defendants LA Laser Center, PC, Daniel Taheri. (Stipp, Mitchell)
January 11, 2021 Filing 30 RESPONSE to #29 Motion to Dismiss by Plaintiff Cross Construction Company, LLC. Replies due by 1/18/2021. (Knecht, Adam)
December 28, 2020 Filing 29 Second MOTION to Dismiss #27 Amended Complaint by Defendants LA Laser Center, PC, Daniel Taheri. Responses due by 1/11/2021. (Attachments: #1 Declaration of Mitchell Stipp) (Stipp, Mitchell) Modified on 12/29/2020 (EDS).
December 15, 2020 Filing 28 NOTICE of Corrected Image/Document re #27 Amended Complaint by Plaintiff Cross Construction Company, LLC. (Service of corrected image is attached.) (Knecht, Adam)
December 14, 2020 Filing 27 View Corrected Image #28 as to First AMENDED COMPLAINT with Jury Demand against LA Laser Center, PC, Daniel Taheri by Cross Construction Company, LLC. No changes to parties. (Knecht, Adam) Modified on 12/15/2020 (EDS).
December 2, 2020 Filing 26 MINUTES OF PROCEEDINGS - Telephonic Motion Hearing held on 12/2/2020 before Judge Jennifer A. Dorsey. Crtrm Administrator: Danielle Cacciabaudo; Pla Counsel: Adam Knecht; Def Counsel: Mitchell Stipp; Court Reporter: Amber McClane; Time of Hearing: 3:03 p.m. - 3:24 p.m.; Courtroom: 6D; The Court makes preliminary remarks and hears representations of counsel on defendants Motion to Dismiss #21 . As stated on the record, the motion #21 is GRANTED with leave to amend. Plaintiff has 10 days to file its amended complaint. Court adjourns. The minutes of this proceeding and the transcript will serve as the Court's official ruling. No separate written order will be issued. (no image attached) (Copies have been distributed pursuant to the NEF - DC)
November 16, 2020 Filing 25 NOTICE Setting Telephonic Hearing on #21 MOTION to Dismiss: Telephonic Motion Hearing set for 12/2/2020 at 03:00 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey.The parties are instructed to call 888-808-6929, enter the access code 2178469, and remain on the line until the Courtroom Administrator joins the call. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line. (no image attached) (DC)
September 11, 2020 Filing 24 REPLY to RESPONSE to #21 MOTION to Dismiss by Defendants LA Laser Center, PC, Daniel Taheri. (Stipp, Mitchell) Filed incorrectly by counsel. Event and text modified by Clerk's Office on 9/14/2020 to reflect entry is a reply, not a response (EDS).
September 4, 2020 Filing 23 RESPONSE to #21 Motion to Dismiss by Plaintiff Cross Construction Company, LLC. Replies due by 9/11/2020. (Knecht, Adam)
August 23, 2020 Filing 22 CLERK'S NOTICE of violation of Local Rules. ECF No. #21 was not filed pursuant to LR IA 10-1(a)(5). Pages not numbered.Attorney Mitchell Stipp 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)
August 21, 2020 Filing 21 MOTION to Dismiss by Defendants LA Laser Center, PC, Daniel Taheri. Responses due by 9/4/2020. (Stipp, Mitchell)
August 20, 2020 Filing 20 WITHDRAWAL of #11 Motion to Dismiss, by Defendant LA Laser Center, PC. (Stipp, Mitchell)
August 20, 2020 Filing 19 CLERK'S NOTICE of violation of Local Rules. Attorney Action Required to ECF No. #17 . Document was not filed pursuant to LR IC 2-2(b). For each type of relief requested or purpose, a separate document must be filed.Attorney Mitchell Stipp is advised to refile ECF No. #17 using the event "Motion to Withdraw", linking it to #11 Motion to Dismiss, to be in compliance with LR IC 2-2(b) and LR IC 2-2(c) by filing two separate documents for each request or purpose. Do NOT refile the Reply. (no image attached) (MMM)
August 20, 2020 Filing 18 CERTIFICATE OF SERVICE for #17 Reply by Defendant LA Laser Center, PC. (Stipp, Mitchell)
August 20, 2020 Filing 17 REPLY to Response to #11 Motion to Dismiss, by Defendant LA Laser Center, PC. (Stipp, Mitchell)
August 17, 2020 Filing 16 SUMMONS Returned Executed by Cross Construction Company, LLC re #4 Summons Issued. Daniel Taheri served on 7/31/2020. (Knecht, Adam)
August 14, 2020 Filing 15 RESPONSE to #11 Motion to Dismiss, by Plaintiff Cross Construction Company, LLC. Replies due by 8/21/2020. (Bonds, Kurt)
August 3, 2020 Filing 14 NOTICE Setting Telephonic Hearing on #11 MOTION to Dismiss: Telephonic Motion Hearing set for 9/1/2020 at 03:30 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey.The parties are instructed to call 888-808-6929, enter the access code 2178469, and remain on the line until the Courtroom Administrator joins the call. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line. (no image attached) (DC)
July 31, 2020 Filing 13 CERTIFICATE OF SERVICE for #11 Motion to Dismiss, #12 Certificate of Interested Parties by Defendant LA Laser Center, PC. (Stipp, Mitchell)
July 31, 2020 Filing 12 CERTIFICATE of Interested Parties by LA Laser Center, PC. There are no known interested parties other than those participating in the case (Stipp, Mitchell)
July 31, 2020 Filing 11 MOTION to Dismiss #1 Complaint by Defendant LA Laser Center, PC. Responses due by 8/14/2020. Discovery Plan/Scheduling Order due by 9/14/2020. (Attachments: #1 Declaration of Daniel Taheri) (Stipp, Mitchell) 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.
July 30, 2020 Filing 10 SUMMONS Returned Unexecuted by Cross Construction Company, LLC as to Daniel Taheri re #4 Summons Issued. (Knecht, Adam)
July 30, 2020 Filing 9 SUMMONS Returned Executed by Cross Construction Company, LLC re #4 Summons Issued. LA Laser Center, PC served on 7/10/2020. (Knecht, Adam)
July 30, 2020 Filing 8 CLERK'S NOTICE. Attorney Action Required to ECF No. #6 Affidavit of Attempts. The wrong event was selected. Counsel is advised to refile ECF No. #6 using the appropriate docket entry title, "Summons Returned Unexecuted". (no image attached) (EDS)
July 30, 2020 Filing 7 CLERK'S NOTICE. Attorney Action Required to ECF No. #5 Affidavit of Service. The wrong event was selected. Counsel is advised to refile ECF No. #5 using the appropriate docket entry title, "Summons Returned Executed". (no image attached) (EDS)
July 29, 2020 Filing 6 ERROR: Wrong event selected. Counsel advised to refile (EDS) AFFIDAVIT of Attempts re #4 Summons Issued by Plaintiff Cross Construction Company, LLC. (Knecht, Adam)
July 29, 2020 Filing 5 ERROR: Wrong event selected. Counsel advised to refile (EDS)AFFIDAVIT of Service re #4 Summons Issued by Plaintiff Cross Construction Company, LLC. (Knecht, Adam)
June 2, 2020 Filing 4 Summons Issued as to All Defendants re #1 Complaint. (ADR)
June 2, 2020 Filing 3 PROPOSED SUMMONS to be issued Daniel Taheri by Plaintiff Cross Construction Company, LLC. (Knecht, Adam)
June 2, 2020 Filing 2 PROPOSED SUMMONS to be issued LA Laser Center, PC by Plaintiff Cross Construction Company, LLC. (Knecht, Adam)
June 1, 2020 Filing 1 COMPLAINT against All Defendants (Filing fee $400) by Cross Construction Company, LLC. Proof of service due by 8/30/2020. (Attachments: #1 Civil Cover Sheet) (ADR)
June 1, 2020 Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Brenda Weksler. (ADR)

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Search for this case: Cross Construction Company, LLC v. LA Laser Center, PC et al
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Defendant: Daniel Taheri
Represented By: Mitchell D. Stipp
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Defendant: LA Laser Center, PC
Represented By: Mitchell D. Stipp
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Plaintiff: Cross Construction Company, LLC
Represented By: Adam R Knecht
Represented By: Kurt R. Bonds
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