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 33 |
Filed: 3/30/2018, Entered: 3/30/2018 |
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MINUTES (IN CHAMBERS) ORDER RE: DEFENDANT DAC INTERNATIONAL, INC.'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FRCP 12(b)(6) 23 by Judge Michael W. Fitzgerald. The Motion is GRANTED and DAC's action against TD Optical and Chemat Technology, Inc. is again DISMISSED with prejudice. ( MD JS-6. Case Terminated ) (iv)
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| 32 |
Filed: 3/26/2018, Entered: 3/26/2018 |
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MINUTES OF DEFENDANT DAC INTERNATIONAL, INC.'S MOTION TO DISMISS CASE PURSUANT TO FRCP 12(b)(6) 23 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv)
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| 31 |
Filed: 3/15/2018, Entered: 3/15/2018 |
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SCHEDULING NOTICE ADVANCING TIME OF HEARING ONLY by Judge Michael W. Fitzgerald. On the Court's own motion, the Motion to Dismiss Case 23 will be heard at 9:00 a.m. on March 26, 2018. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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| 30 |
Filed: 3/12/2018, Entered: 3/12/2018 |
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REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) 23 filed by Defendant DAC International, Inc.. (Price, Samuel)
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Request |
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| 29 |
Filed: 3/5/2018, Entered: 3/5/2018 |
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OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) 23 filed by Plaintiff TD Optical Design Ltd.. (Roldan, Peter)
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| 28 |
Filed: 2/27/2018, Entered: 2/27/2018 |
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ORDER ON STIPULATION TO ADJOURN HEARING DATE ON MOTION TO DISMISS COMPLAINT FOR BREACH OF CONTRACT AND BRIEFING SCHEDULE THEREON 25 by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED: The hearing date on Defendant's motion to dismiss is adjourned from March 19, 2018 to March 26, 2018; Plaintiff's opposition shall be due on or before March 5, 2018; and Defendant's reply shall be due on or before March 12, 2018. (iv)
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| 27 |
Filed: 2/27/2018, Entered: 2/27/2018 |
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation 25 , 26 . The following error(s) was/were found: Stipulations are duplicate filings of each other. Stipulation at docket entry 26, text reads: as to response to the deficiency issued. However, this stipulation is to continue the hearing date on the Motion. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv)
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| 26 |
Filed: 2/26/2018, Entered: 2/26/2018 |
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Corrected STIPULATION for Extension of Time to File Response as to Deficiency in Electronically Filed Documents (G-112A) - optional html form,, 24 filed by Plaintiff TD Optical Design Ltd.. (Attachments: # 1 Proposed Order)(Roldan, Peter)
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| 25 |
Filed: 2/26/2018, Entered: 2/26/2018 |
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STIPULATION for Extension of Time to File Response as to NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) 23 filed by Plaintiff TD Optical Design Ltd.. (Attachments: # 1 Proposed Order)(Roldan, Peter)
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| 24 |
Filed: 2/14/2018, Entered: 2/14/2018 |
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss Case 23 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should be emailed to the chambers generic email address. A Notice of Lodging, along with the proposed order may be deemed appropriate. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv)
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| 23 |
Filed: 2/12/2018, Entered: 2/12/2018 |
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NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) filed by Defendant DAC International, Inc.. Motion set for hearing on 3/19/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Declaration of Samuel R.W. Price In Support of Motion to Dismiss) (Attorney Samuel R W Price added to party DAC International, Inc.(pty:dft)) (Price, Samuel)
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| 22 |
Filed: 1/25/2018, Entered: 1/25/2018 |
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PROOF OF SERVICE Executed by Plaintiff TD Optical Design Ltd., upon Defendant DAC International, Inc. served on 1/22/2018, answer due 2/12/2018. Service of the Summons and Complaint were executed upon Ken Payne - President - Person Authorized to Accept Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Roldan, Peter)
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| 21 |
Filed: 1/25/2018, Entered: 1/25/2018 |
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PROOF OF SERVICE Executed by Plaintiff TD Optical Design Ltd., upon Defendant Chemat Technology, Inc. served on 1/11/2018, answer due 2/1/2018. Service of the Summons and Complaint were executed upon Tammy Barrett - Person in Charge of Office in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Roldan, Peter)
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| 20 |
Filed: 12/19/2017, Entered: 12/19/2017 |
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SCHEDULING NOTICE by Judge Michael W. Fitzgerald. The Court has reviewed Plaintiff's letter response to its December 5, 2017 Order to Show Cause. As an initial matter, the Court directs Plaintiff's counsel to Local Rule 83-2.5, which instructs counsel to, inter alia, "refrain from writing letters to the judge." Going forward, counsel's filings should not be in letter format. Putting that aside, the substance of Plaintiff's response adequately satisfies the Court that the action may, for the time being at least, proceed. Accordingly, the Order to Show Cause 17 is discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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| 19 |
Filed: 12/18/2017, Entered: 12/18/2017 |
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REPLY to Order to Show Cause filed by Plaintiff TD Optical Design Ltd.. (Attachments: # 1 Exhibit A)(Roldan, Peter)
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| 18 |
Filed: 12/5/2017, Entered: 12/5/2017 |
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21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant DAC International, Inc.. (yl)
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| 17 |
Filed: 12/5/2017, Entered: 12/5/2017 |
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MINUTE ORDER (IN CHAMBERS) by Judge Michael W. Fitzgerald: On March 8, 2017, the Court dismissed with prejudice the action captioned TD Optical Design Ltd. v. DAC International Inc., et al. (Case No. 2:15-cv-5744-MWFPLA). The Complaint in this action names the same defendants and contains the same factual allegations and claims as the Third Amended Complaint in that action. Accordingly, Plaintiff is ORDERED to show cause, in writing and by no later than December 18, 2017, why this action should not be dismissed with prejudice on resjudicata grounds and why Plaintiff should nt be sanctioned for filing an objectively frivolous lawsuit. IT IS SO ORDERED. (yl) Modified on 12/5/2017 (yl).
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| 16 |
Filed: 12/4/2017, Entered: 12/4/2017 |
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Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by plaintiff TD Optical Design Ltd.. (Roldan, Peter)
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Request |
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| 15 |
Filed: 12/1/2017, Entered: 12/1/2017 |
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21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant Chemat Technology, Inc.. (bp)
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Request |
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| 14 |
Filed: 12/1/2017, Entered: 12/1/2017 |
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21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant DAC International, Inc.. (bp)
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| 13 |
Filed: 12/1/2017, Entered: 12/1/2017 |
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ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 2:15-cv-05744 MWF(PLAx). Case transferred from Judge R. Gary Klausner and Magistrate Judge Karen L. Stevenson to Judge Michael W. Fitzgerald and Magistrate Judge Paul L. Abrams for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:17-cv-08616 MWF(PLAx). Signed by Judge Michael W. Fitzgerald (rn)
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| 12 |
Filed: 12/1/2017, Entered: 12/1/2017 |
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STANDING ORDER REGARDING NEWLY ASSIGNED CASES upon filing of the complaint by Judge R. Gary Klausner. (pso)
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| 11 |
Filed: 11/30/2017, Entered: 11/30/2017 |
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Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by plaintiff TD Optical Design Ltd.. (Roldan, Peter)
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Request |
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| 10 |
Filed: 11/30/2017, Entered: 11/30/2017 |
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Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by plaintiff TD Optical Design Ltd.. (Roldan, Peter)
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| 9 |
Filed: 11/30/2017, Entered: 11/30/2017 |
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CERTIFICATION AND NOTICE of Interested Parties filed by plaintiff TD Optical Design Ltd., identifying Anatoly Shteyngrob and Edward Kalyuk. (Roldan, Peter)
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| 8 |
Filed: 11/30/2017, Entered: 11/30/2017 |
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NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), 1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (car)
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| 7 |
Filed: 11/30/2017, Entered: 11/30/2017 |
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NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 4 , Summons Request 3 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (car)
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| 6 |
Filed: 11/30/2017, Entered: 11/30/2017 |
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NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
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Request |
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| 5 |
Filed: 11/30/2017, Entered: 11/30/2017 |
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NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Karen L. Stevenson. (car)
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Request |
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| 4 |
Filed: 11/29/2017, Entered: 11/29/2017 |
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Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by plaintiff TD Optical Design Ltd.. (Roldan, Peter)
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Request |
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| 3 |
Filed: 11/29/2017, Entered: 11/29/2017 |
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Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by plaintiff TD Optical Design Ltd.. (Roldan, Peter)
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Request |
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| 2 |
Filed: 11/29/2017, Entered: 11/29/2017 |
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CIVIL COVER SHEET filed by Plaintiff TD Optical Design Ltd.. (Roldan, Peter)
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| 1 |
Filed: 11/29/2017, Entered: 11/29/2017 |
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COMPLAINT with filing fee previously paid (400 paid on 11/29/2017, receipt number 0973-20891902), filed by plaintiff TD Optical Design Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Attorney Peter Roldan added to party TD Optical Design Ltd.(pty:pla))(Roldan, Peter)
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