Gingold et al v. Itronics, Inc. et al
| Harry Gingold, Monique Gingold and Nahal Kedumim, LLC |
| John W. Whitney and Itronics, Inc. |
| 3:2019cv00532 |
| August 26, 2019 |
| US District Court for the District of Nevada |
| Carla Baldwin |
| Carla Baldwin Carry |
| Miranda M Du |
| Stockholders Suits |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 51 REPLY to Response to #49 Motion for Summary Judgment by Plaintiff Harry Gingold. (Alexander, Todd) |
| Filing 50 RESPONSE to #49 Motion for Summary Judgment by Defendants Itronics, Inc., John W. Whitney. Replies due by 6/3/2021. (Attachments: #1 Exhibit Exhibit 1 H. Gingold Note, #2 Exhibit Exhibit 2 Nahal Kedumim LLC Note, #3 Exhibit Exhibit 3 Monique Gingold Note) (Wicker, W.) |
| Filing 49 MOTION for Summary Judgment of Claim for Breach of Contract by Plaintiff Harry Gingold. Responses due by 5/20/2021. (Attachments: #1 Index, #2 Exhibit 1) (Alexander, Todd) |
| Filing 48 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.) (AB) |
Filing 47
SCHEDULING ORDER granting ECF No. #46 Discovery Plan and Scheduling Order. Discovery due by 9/21/2021. Dispositive Motions due by 10/21/2021. Proposed Joint Pretrial Order due by 11/22/2021. Signed by Magistrate Judge Carla Baldwin on 4/5/2021. (Copies have been distributed pursuant to the NEF - AB)
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| Filing 46 Proposed Stipulated Discovery Plan and Scheduling Order by Plaintiff Harry Gingold. (Alexander, Todd) |
| Filing 45 MINUTES OF PROCEEDINGS - Continued Video Settlement Conference held on 3/25/2021 before Magistrate Judge Carla Baldwin. Crtrm Administrator: LGM; Pla Counsel: Todd Alexander; Def Counsel: Chris Wicker and Kelsey Gunderson; Recording start and end times: 1:27:17 - 1:29:40; Courtroom: 1; The Court and the parties confer privately. The parties advise that they are unable to negotiate a settlement at this time. The Court advises the parties that the Court is amenable to scheduling another settlement conference; therefore, if the parties wish to participate in another settlement conference, counsel have leave to file a stipulation for settlement conference and one will be scheduled. The Court directs the parties to meet and confer and file a proposed discovery plan and scheduling order by no later than Thursday, April 8, 2021. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - LGM) |
| Filing 44 MINUTES OF PROCEEDINGS - Video Settlement Conference held on 12/1/2020 before Magistrate Judge Carla Baldwin. Crtrm Administrator: LGM; Pla Counsel: Todd Alexander; Def Counsel: Chris Wicker and Kelsey Gunderson; Recording start and end times: 10:53:50 - 10:55:28; Courtroom: 1; The Court and the parties confer privately. The Court and the parties agree to continue this settlement conference to 3/25/2021 at 09:00 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin. Therefore, the Court finds that discovery is STAYED pending the continued settlement conference. The parties shall submit to chambers a supplement to their confidential settlement conference statements including only any new information by no later than the close of business on Thursday, March 18, 2021. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - LGM) |
| Filing 43 MINUTES OF PROCEEDINGS - Video Status Conference held on 11/23/2020 before Magistrate Judge Carla Baldwin. Crtrm Administrator: LGM; Pla Counsel: Todd Alexander; Def Counsel: Kelsey Gunderson; Recording start and end times: 11:31:19 - 11:42:46; Courtroom: 1; The Court and counsel discuss the upcoming settlement conference. See the attached order for specifications. (Copies have been distributed pursuant to the NEF - LGM) |
| Filing 42 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin on 10/2/2020. By Deputy Clerk: LGM. A video status conference regarding the settlement conference is set for 11/23/2020 at 11:30 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin. The court will send an email containing information required to join the Zoom video conference prior to the hearing date. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - LGM) |
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Filing 41
ORDER setting Settlement Conference. A Settlement Conference utilizing Zoom video conferencing technology is set for 12/1/2020 at 09:00 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin. The court will send an email containing information required to join the Zoom video conference prior to the hearing date. The settlement conference statements may be emailed to chambers by emailing the Courts Judicial Assistant at debra_newman@nvd.uscourts.gov or may be mailed to chambers at 400 S. Virginia St., Room No. 404, Reno, Nevada 89501. The settlement conference statements are due by no later than 4:00 p.m. on Tuesday, November 24, 2020. See the attached order for specifications. Signed by Magistrate Judge Carla Baldwin on 10/2/2020. (Copies have been distributed pursuant to the NEF - LGM)
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| Filing 40 MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 9/30/2020 before Magistrate Judge Carla Baldwin. Crtrm Administrator: LGM; Pla Counsel: Todd Alexander; Def Counsel: Chris Wicker and Kelsey Gunderson; Recording start and end times: 10:08:11 - 10:18:00; Courtroom: 1; The Court and counsel discuss the rescheduling of the settlement conference and discuss the current discovery plan and scheduling order. The settlement conference is rescheduled to December 1, 2020. The deputy court clerk is directed to issue the standard order scheduling the video settlement conference. If the case does not settle, the Court and counsel will discuss an updated discovery plan and scheduling order. See the attached order for specifications. (Copies have been distributed pursuant to the NEF - LGM) |
| Filing 39 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin on 9/15/2020. By Deputy Clerk: LGM. A telephonic status conference to discuss the rescheduling of the settlement conference in this case is set for 9/30/2020 at 10:00 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin. Counsel shall dial 877-336-1829 at least five (5) minutes prior to the hearing to be properly connected into the courtroom. The access code is 2809752 and the security code is 19532. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - LGM) |
| Filing 38 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin on 9/2/2020. On September 1, 2020, Todd Alexander, Esq. entered an appearance on behalf of plaintiffs, Harry Gingold, Monique Gingold, and Nahal Kedumim, LLC (ECF No. #37 ) and such appearance is hereby deemed timely filed. Therefore, plaintiffs' motions ECF Nos. #32 & #33 ) are DENIED as moot. (no image attached) (Copies have been distributed pursuant to the NEF - DN) |
| Filing 37 NOTICE of Appearance by attorney Todd R. Alexander on behalf of Plaintiffs Harry Gingold, Monique Gingold, Nahal Kedumim, LLC. (Alexander, Todd) |
| Filing 36 Consent for Electronic Service of Documents by Plaintiff Harry Gingold. (DRM) |
| Filing 35 REPLY to Response (ECF No. #34 ) re ECF Nos. #32 / #33 Motions, by Plaintiff Harry Gingold. (Attachments: #1 Cover Letter) (AB) |
| Filing 34 RESPONSE to #32 Motion by Defendants Itronics, Inc., John W. Whitney. Replies due by 8/10/2020. (Wicker, W.) |
| Filing 33 MOTION to Extend Time re ECF No. #31 Minute Order by Plaintiff Harry Gingold. (Same PDF image as ECF No. #32 Motion). (Attachments: #1 Cover Letter) (AB) |
| Filing 32 MOTION to Transfer Interests by Plaintiff Harry Gingold. Responses due by 8/3/2020. (Attachments: #1 Cover Letter) (AB) |
| Filing 31 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin on 6/29/2020, directing Plaintiff Nahal Kedumim LLC to file a substitution of counsel on or before 7/27/2020. (Copies have been distributed pursuant to the NEF - KR) |
| Filing 30 AMENDED COMPLAINT with Jury Demand against All Defendants by Harry Gingold. No changes to parties. (Attachments: #1 Image of Envelope) (LW) |
| Filing 29 CONSENT for Electronic Service of Documents by Plaintiff Monique Gingold. (AB) |
| Filing 28 ANSWER to #1 Complaint, filed by Itronics, Inc..(Wicker, W.) |
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Filing 27
ORDERED that Itronic's motion to dismiss (ECF No. #7 ) is denied. It is further ordered that Plaintiff Harry Gingold's motion for leave to amend the Complaint (ECF No. #17 ) is granted. Signed by Chief Judge Miranda M. Du on 4/20/2020. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 26 MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 3/18/2020 before Magistrate Judge Carla Baldwin. Crtrm Administrator: LGM; Pla Counsel: Harry Gingold and Monique Gingold; Def Counsel: Chris Wicker and Kelsey Gunderson; Recording start and end times: 9:00:48 - 9:12:08; Courtroom: 1; The Court finds the settlement conference currently set for March 26, 2020 at 9:00 AM is VACATED and shall be rescheduled at a later date. The Court encourages Mr. Wicker to submit an offer to the plaintiffs by March 23, 2020 so that the parties can try to informally settle this case. See the attached order for specifications. (Copies have been distributed pursuant to the NEF - LGM) |
| Filing 25 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin on 3/17/2020. By Deputy Clerk: LGM. A telephonic status conference regarding the upcoming settlement conference is set for 3/18/2020 at 09:00 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin. The parties shall dial 877-336-1829 at least five (5) minutes prior to the hearing to be properly connected into the courtroom. The access code is 2809752 and the security code is 19532. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - LGM) |
| Filing 24 EXECUTION ADDENDUM to ECF No. #21 Case Management Report, by Plaintiffs Harry Gingold, Monique Gingold. (Attachments: #1 Cover Letter) (DRM) |
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Filing 23
ORDER setting Settlement Conference. A Settlement Conference is set for 3/26/2020 at 09:00 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin. The settlement conference statements shall be received in chambers, 400 S. Virginia Street, Suite 404, no later than Thursday, March 19, 2020 by 4:00 p.m. DO NOT DELIVER OR MAIL THEM TO THE CLERK'S OFFICE; DO NOT SERVE A COPY ON OPPOSING COUNSEL. See the attached order for specifications. Signed by Magistrate Judge Carla Baldwin on 2/3/2020. (Copies have been distributed pursuant to the NEF - LGM)
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| Filing 22 MINUTES OF PROCEEDINGS - Telephonic Case Management Conference held on 1/24/2020 before Magistrate Judge Carla Baldwin. Crtrm Administrator: LGM; Pla Counsel: Harry Gingold; Def Counsel: Chris Wicker; Recording start and end times: 10:02:27 - 10:23:13; Courtroom: 1; The Court advises Mr. Gingold that he can represent himself in this case; however, that he is not permitted to represent Monique Gingold or Nahal Kedumim, LLC in this action. The Court finds that it will adopt the agreed upon deadlines as outlined in the parties' case management report #21 ; however, since not all plaintiffs signed the report, those plaintiffs have leave to file an objection. The following deadlines shall govern this action: Discovery due 5/4/2020, Dispositive Motions due 6/3/2020 and the Proposed Joint Pretrial Order due 7/6/2020. A settlement conference is set for March 26, 2020. See the attached order for specifications. (Copies have been distributed pursuant to the NEF - LGM) |
| Filing 21 Joint CASE MANAGEMENT REPORT by Plaintiffs, Harry Gingold, Monique Gingold, and Nahal Kedumim, LLC, and by Defendants Itronics, Inc., John W. Whitney (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Wicker, W.) |
| Filing 20 REPLY to ECF No. #19 Response to ECF No. #17 Motion for Leave to File Amended Complaint and Addendum to Response, by Plaintiff Harry Gingold. (Attachments: #1 Cover Letter) (LH) |
| Filing 19 RESPONSE to #17 Motion for Leave to File Document by Defendants Itronics, Inc., John W. Whitney. Replies due by 1/6/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Wicker, W.) |
| Filing 18 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin on 12/20/2019. By Deputy Clerk: LGM. A case management conference is set for 1/24/2020 at 10:00 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin. Plaintiffs shall be allowed to appear telephonically for this hearing and shall dial 877-336-1829 at least five (5) minutes prior to the hearing to be properly connected into the courtroom. The access code is 2809752 and the security code is 19532. The parties shall jointly file a case management report by no later than the close of business on Friday, January 10, 2020. See the attached order for specifications. (Copies have been distributed pursuant to the NEF - LGM) |
| Filing 17 MOTION for Leave to File Amended Complaint and Addendum to Response (ECF No. #12 ), by Plaintiff Harry Gingold. (Attachments: #1 Cover Letter, #2 Amended Complaint, #3 Addendum to Plaintiff's Response)(AB) |
| Filing 16 CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. #14 , #15 was not filed pursuant to LR IC 2-2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket-entry relationship. Attorney is advised to properly link all further filed documents. (no image attached) (WJ) |
| Filing 15 ADDENDUM to #13 Reply, by Defendants Itronics, Inc., John W. Whitney. (Attachments: #1 Exhibit 1) (Wicker, W.) Modified on 12/5/2019 add link to motion #7 (WJ). |
| Filing 14 ERRATA to #13 Reply, by Defendants Itronics, Inc., John W. Whitney. (Wicker, W.) Modified on 12/5/2019 add link to motion #7 (WJ). |
| Filing 13 REPLY to Response to #7 Motion to Dismiss,, by Defendants Itronics, Inc., John W. Whitney. (Attachments: #1 Declaration of Doug Brown in Support of the Reply to Plaintiffs' Response to Defendant's Motion to Dismiss, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6) (Wicker, W.) |
| Filing 12 RESPONSE to ECF No. #7 Motion to Dismiss, by Plaintiff Harry Gingold. Replies due by 11/27/2019. (Attachments: #1 Cover Letter) (LH) |
| ***Notes: The U.S. Magistrate Judge on this case has changed her name to Judge Carla Baldwin effective immediately. (LH) |
| Filing 11 CLERK'S AMENDED NOTICE Regarding Local Rule IA 11-1 and IC 2-1. Attorney Kelsey E. Gunderson is in violation of Local Rule IA 11-1 failure to register as a member of this Court bar and IC 2-1(a) and 2-1(d). You are also required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for membership to the Court bar and for CM/ECF. (no image attached) (WJ) Modified on 12/5/2019 COMPLIED (WJ). |
| Filing 10 CLERK'S NOTICE Regarding Local Rule IA 11-1 and IC 2-1. Attorney Kelsey E. Gunderson is in violation of Local Rule IA 11-1 failure to register as a member of this Court bar and IC 2-1(a) and 2-1(d). You are also required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (WJ) Modified on 12/5/2019 COMPLIED (WJ). |
| Filing 9 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 11/7/2019, regarding the requirements of Klingele v. Eikenberry and Rand v. Rowland as to ECF No. #7 Motion to Dismiss. Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. (Copies have been distributed pursuant to the NEF - KR) |
| Filing 8 CERTIFICATE of Interested Parties by Itronics, Inc., John W. Whitney that identifies all parties that have an interest in the outcome of this case. (Wicker, W.) |
| Filing 7 MOTION to Dismiss #1 Complaint, by Defendants Itronics, Inc., John W. Whitney. Responses due by 11/20/2019. Discovery Plan/Scheduling Order due by 12/21/2019. (Attachments: #1 Declaration of John W. Whitney, #2 Exhibit Exhibit 1 (redacted), #3 Exhibit Exhibit 2 (redacted), #4 Exhibit Exhibit 3 (redacted), #5 Exhibit Exhibit 4) (Wicker, W.) 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. |
| Filing 6 SUMMONSES Returned Executed by Harry Gingold. Itronics Inc served on 10/15/2019, answer due 11/5/2019; John W. Whitney served on 10/15/2019, answer due 11/5/2019. (Attachments: #1 Summons Returned Executed) (KR) |
| Filing 5 SUMMONS Returned Executed/ /Declarations of Service filed by Harry Gingold re ECF No. #1 -2 Summons issued. Itronics, Inc. served on 10/16/2019, answer due 11/6/2019; John W. Whitney served on 10/16/2019, answer due 11/6/2019. (LH) |
| Filing 4 SUMMONS Returned Unexecuted/Declarations of Non-Service - Unable to effect service as to Itronics, Inc., and as to John W. Whitney. (Attachments: #1 as to John W. Whitney)(DRM) |
| Filing 3 STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 2 ADVISORY LETTER to litigant. (LH) |
| Case randomly assigned to District Judge Miranda M. Du and Magistrate Judge Carla Baldwin Carry. (WJ) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $400 PAID - Receipt No. NVRNO004676) by Harry Gingold, Monique Gingold. Proof of service due by 11/24/2019. (Attachments: #1 Civil Cover Sheet, #2 Issued Summonses, #3 Cover Letter, #4 Declaration, #5 Contact Information)(LH) |
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