ORDER DISMISSING CASE without costs and without prejudice to the right, upon good cause shown, within sixty days, to reopen the action if settlement is not consummated. Signed by Judge Jane Triche Milazzo.(Reference: Both Cases)(ecm, ) (Entered: 02/24/2014)
**ERROR: DOCUMENT REFILED AS REC. DOC.155** Exhibit List by All Defendants. (Reference: 12-2790)(McEachin, Thomas) Modified on 1/21/2014 (cml, ). (Entered: 01/17/2014)
ORDER granting 152 Motion to Dismiss Party Premier Dealer Services, Inc., Troy Duhon, Scott Nietert, Wayne Skinner, Premier Automotive Products, LLC d/b/a Chrysler Jeep Dodge, Premier Automotive Imports of CA, LLC d/b/a Premier Nissan of Fremont, Premier Nissan, LLC d/b/a Premier Nissan of Metairie, Premier Nissan of San Jose, LLC, Premier Automotive, LLC d/b/a Toyota of New Orleans, Premier Automotive of CA, LLC d/b/a Toyota of Poway, Premier Quality Imports, LLC d/b/a Premier Honda and Premier Jefferson Asian Imports, LLC d/b/a Premier Kia, Premier Dealer Services, Inc., Dealer Services South, Inc. Signed by Judge Jane Triche Milazzo on 12/30/2013. (Reference: 12-1498)(rll, ) (Entered: 12/31/2013)
EXPARTE/CONSENT Joint MOTION to Dismiss Party Premier Dealer Services, Inc., Troy Duhon, Scott Nietert, Wayne Skinner, Premier Automotive Products, LLC d/b/a Chrysler Jeep Dodge, Premier Automotive Imports of CA, LLC d/b/a Premier Nissan of Fremont, Premier Nissan, LLC d/b/a Premier Nissan of Metairie, Premier Nissan of San Jose, LLC, Premier Automotive, LLC d/b/a Toyota of New Orleans, Premier Automotive of CA, LLC d/b/a Toyota of Poway, Premier Quality Imports, LLC d/b/a Premier Honda and Premier Jefferson Asian Imports, LLC d/b/a Premier Kia, Premier Dealer Services, Inc., Dealer Services South, Inc. by Premier Dealer Services, Inc., Troy Duhon, Scott Nietert, Wayne Skinner, Premier Automotive Products, LLC d/b/a Chrysler Jeep Dodge, Premier Automotive Imports of CA, LLC d/b/a Premier Nissan of Fremont, Premier Nissan, LLC d/b/a Premier Nissan of Metairie, Premier Nissan of San Jose, LLC, Premier Automotive, LLC d/b/a Toyota of New Orleans, Premier Automotive of CA, LLC d/b/a Toyota of Poway, Premier Quality Imports, LLC d/b/a Premier Honda and Premier Jefferson Asian Imports, LLC d/b/a Premier Kia, and Premier Dealer Services, Inc.. (Attachments: # 1 Proposed Order)(Reference: 2:12-cv-01498)(Luminais, Bradley) Modified on 12/31/2013 (rll, ). (Entered: 12/27/2013)
ORDERED that 101 Motion for Sanctions based on Spoliation of Evidence is GRANTED IN PART AND DENIED IN PART as stated herein. Signed by Magistrate Judge Karen Wells Roby. (clm, ) (Entered: 11/22/2013)
ORDER: Defendants produced the evidence as directed on 10/28/2013 re 101 MOTION to Compel Production MOTION for Sanctions Based on Spoliation of Evidence. Upon review of the attachments, the Court finds that a copy of the state court petition is necessary to determine the merits of the underlying motion for sanctions. As such, the Court hereby files a copy of the state court transcript into the record. Signed by Magistrate Judge Karen Wells Roby.(Attachments: # 1 State Court Documents)(clm, ) (Entered: 11/18/2013)
ORDERED that the original documents submitted by Plaintiff, Premier Dealer Services,Inc., for incamera review re 100 Second MOTION to Compel Production of Documents are available for pick up no later than ten days from the issuance of the Order, or the documents will be shredded. Signed by Magistrate Judge Karen Wells Roby.(clm, ) (Entered: 11/18/2013)
ORDER re 101 MOTION to Compel Production MOTION for Sanctions Based on Spoliation of Evidence. Defendants produced the transcripts evidence as directed on 10/28/2013. Upon review of the transcript of Mader's 10/1/2013, deposition, the Court finds that the entire transcript is necessary to determine the merits of the underlying motion for sanctions. As such,the Court hereby files the 10/1/2013 transcript of Marc Mader into the record.. Signed by Magistrate Judge Karen Wells Roby. (Attachments: # 1 Transcript)(clm, ) (Entered: 11/14/2013)
ORDERED that 100 Motion to Compel is DENIED AS MOOT, DENIED IN PART, and GRANTED IN PART as set forth in document. FURTHER ORDERED that an award of reasonable expenses, including attorneys fees, and reasonable costs necessitated by the filing of this motion, pursuant to Rule 37(a)(5)(A) is awarded against Premier Dealer. FURTHER ORDERED that Defendants shall file a Motion to Fix Attorneys Fees into the record, no later than Wednesday, 12/4/2013. Signed by Magistrate Judge Karen Wells Roby. (clm, ) (Entered: 11/08/2013)
ORDER AND REASONS denying re 105 MOTION to Dismiss for Failure to State a Claim, denying 68 First MOTION to Dismiss for Failure to State a Claim . Signed by Judge Jane Triche Milazzo on 11/1/2013.(Reference: All Cases)(mmm) (Entered: 11/01/2013)
Supplemental Memorandum in Support of 101 MOTION to Compel Production MOTION for Sanctions Based on Spoliation of Evidence filed by Troy Duhon, Scott Nietert, Premier Automotive Imports of CA, LLC, Premier Automotive Products L.L.C., Premier Automotive, L.L.C., Premier Jefferson Asian Imports, LLC, Premier Nissan LLC, Premier Nissan of Fremont, Premier Quality Imports, L.L.C., Wayne Skinner, (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit B, # 4 Exhibit B-1, # 5 Exhibit C, # 6 Exhibit C-1)(clm, ) (Entered: 10/29/2013)
EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Support of Motion to Compel Production and for Sanctions based on Spoliation of Evidence by Troy Duhon, Scott Nietert, Premier Automotive Imports of CA, LLC, Premier Automotive Products L.L.C., Premier Automotive, L.L.C., Premier Jefferson Asian Imports, LLC, Premier Nissan LLC, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner. Motion(s) referred to Karen Wells Roby. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit A, # 4 Exhibit A-1, # 5 Exhibit B, # 6 Exhibit B-1, # 7 Exhibit C, # 8 Exhibit C-1)(Reference: 12-1498)(Atkinson, Ian) (Entered: 10/28/2013)
ORDERED that 101 MOTION to Compel Production is GRANTED in PART and DENIED IN PART as stated herein. FURTHER ORDERED that the Court reserves ruling on 101 MOTION for Sanctions Based on Spoliation of Evidence. FURTHER ORDERED that Defendants are required to produce all documents as stated herein no later than ten days from the issuance of this Order. Signed by Magistrate Judge Karen Wells Roby.(clm, ) (Entered: 10/17/2013)
Minute Entry for proceedings held before Magistrate Judge Karen Wells Roby: Motion Hearing held on 10/16/2013 re 133 MOTION to Quash Deposition of A. Kurt Wolery filed by Premier Dealer Services, Inc. The Court will issue an Order (Court Reporter Rebecca Gonzalez.) (clm, ) (Entered: 10/16/2013)
ORDER granting 138 Request/Statement of Oral Argument on 133 MOTION to Quash Deposition of A. Kurt Wolery. Motion to Quash set with ORAL ARGUMENT for 10/16/2013 11:00 AM before Magistrate Judge Karen Wells Roby. Signed by Magistrate Judge Karen Wells Roby.(clm, ) (Entered: 10/10/2013)
Request/Statement of Oral Argument by Troy Duhon, Scott Nietert, Premier Automotive Imports of CA, LLC, Premier Automotive Products L.L.C., Premier Automotive, L.L.C., Premier Jefferson Asian Imports, LLC, Premier Nissan LLC, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner regarding 133 MOTION to Quash Deposition of A. Kurt Wolery . (Reference: 12-1498)(Atkinson, Ian) Modified on 10/9/2013 (my, ). (Entered: 10/08/2013)
RESPONSE/MEMORANDUM in Opposition filed by Troy Duhon, Scott Nietert, Premier Automotive Imports of CA, LLC, Premier Automotive Products L.L.C., Premier Automotive, L.L.C., Premier Jefferson Asian Imports, LLC, Premier Nissan LLC, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner re 133 MOTION to Quash Deposition of A. Kurt Wolery . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Reference: 12-1498)(Atkinson, Ian) Modified text on 10/9/2013 (my, ). (Entered: 10/08/2013)
Minute Entry for proceedings held before Judge Jane Triche Milazzo: Status Conference held on 10/3/2013. The Court DENIES 68 First MOTION to Dismiss for Failure to State a Claim, and 105 MOTION to Dismiss for Failure to State a Claim Second Amended Complaint. The Court continued all deadlines as set forth in document including resetting Final Pretrial Conference for 4/3/2014 02:30 PM and Jury Trial for 4/21/2014 08:30 AM before Judge Jane Triche Milazzo. The 123 Joint MOTION for Extension of Deadlines And For Short Trial Continuance is DENIED AS MOOT. All provisions of the Scheduling Order not changed by this Minute Entry still apply. (Reference: 12-1498)(ecm, ) (Entered: 10/03/2013)
ORDER re 100 Second MOTION to Compel Production of Documents. ORDERED that the Plaintiff produce an actual privilege log that conforms to Rule26 or the actual e-documents for an in camera review no later than ten (10) days from the signing of this Order. Signed by Magistrate Judge Karen Wells Roby.(clm, ) (Entered: 09/27/2013)
MOTION to Quash Deposition of A. Kurt Wolery by Premier Dealer Services, Inc.. Motion(s) referred to Karen Wells Roby. Motion set for 10/16/2013 11:00 AM before Magistrate Judge Karen Wells Roby. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Notice of Submission)(Reference: 12-1498)(Luminais, Bradley) (Entered: 09/26/2013)
ORDER Status Conference reset for 10/3/2013 09:00 AM before Judge Jane Triche Milazzo.Signed by Judge Jane Triche Milazzo on 9/25/2013.(Reference: 12-1498)(my, ) (Entered: 09/25/2013)
Correction of Docket Entry by Clerk re 129 Consent MOTION to Continue /Re-Set Status Conference, 130 Joint MOTION for Protective Order . **The case reference in the docket text must match the case reference listed on the document. Please follow this requirement on all future filings. Clerk modified the docket text. No further action is necessary.** (Reference: ALL CASES)(my, ) (Entered: 09/25/2013)
EXPARTE/CONSENT Joint MOTION for Protective Order by Premier Dealer Services, Inc.. Motion(s) referred to Karen Wells Roby. (Attachments: # 1 Proposed Order, # 2 Certification)(Reference: ALL CASES)(Luminais, Bradley) Modified text on 9/25/2013 (my, ). (Entered: 09/25/2013)
EXPARTE/CONSENT Consent MOTION to Continue /Re-Set Status Conference by Troy Duhon et al. (Attachments: # 1 Proposed Order)(Reference: 12-1498)(McEachin, Thomas) Modified text on 9/25/2013 (my, ). (Entered: 09/25/2013)
REPLY to Response to Motion filed by Troy Duhon, Scott Nietert, Premier Automotive Imports of CA, LLC, Premier Automotive Products L.L.C., Premier Automotive, L.L.C., Premier Jefferson Asian Imports, LLC, Premier Nissan LLC, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner re 105 MOTION to Dismiss for Failure to State a Claim Second Amended Complaint. (Reference: 12-1498)(ecm, ) (Entered: 09/24/2013)
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Partial Motion to Dismiss Second Amended Complaint by Troy Duhon, Scott Nietert, Premier Automotive Imports of CA, LLC, Premier Automotive Products L.L.C., Premier Automotive, L.L.C., Premier Jefferson Asian Imports, LLC, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Reference: 12-1498)(McEachin, Thomas) (Entered: 09/23/2013)
ORDER setting Status Conference for 10/3/2013 02:30 PM in the chambers of Judge Jane Triche Milazzo re 123 Joint MOTION for Extension of Deadlines And For Short Trial Continuance. Signed by Judge Jane Triche Milazzo on 9/18/13.(Reference: 12-1498)(ecm, ) (Entered: 09/19/2013)
RESPONSE/MEMORANDUM in Opposition filed by Premier Dealer Services, Inc. re 105 MOTION to Dismiss for Failure to State a Claim Second Amended Complaint . (Reference: 12-01498)(Luminais, Bradley) (Entered: 09/17/2013)
EXPARTE/CONSENT Joint MOTION for Extension of Deadlines And For Short Trial Continuance by Premier Dealer Services, Inc., Tower National Insurance Company, Dealer Services South, Inc., Troy Duhon et al . (Attachments: # 1 Proposed Order, # 2 Memorandum in Support, # 3 Certificate of Compliance)(Reference: 2:12-cv-1498)(Luminais, Bradley) Modified on 9/17/2013 (my, ). (Entered: 09/17/2013)
ORDERED that 102 MOTION to Extend the Deposition of Marc Mader is GRANTED. FURTHER ORDERED that the extension is limited to FOUR HOURS. Signed by Magistrate Judge Karen Wells Roby on 9/6/2013. (clm, ) (Entered: 09/09/2013)
Minute Entry for proceedings held before Magistrate Judge Karen Wells Roby: Motion Hearing held on 9/4/2013 re 102 MOTION to Extend the Deposition of Marc Mader, 101 MOTION to Compel Production MOTION for Sanctions Based on Spoliation of Evidence, 100 Second MOTION to Compel Production of Documents. The Court shall issue an Order(Court Reporter Cathy Pepper.) (clm, ) (Main Document 121 replaced on 9/5/2013) (clm, ). (Entered: 09/05/2013)
Minute Entry for proceedings held before Magistrate Judge Karen Wells Roby: Discovery Conference held on 9/4/2013. ORDERED that Deposition Schedules are stated within document. (clm, ) (Main Document 120 replaced on 9/5/2013) (clm, ). (Entered: 09/05/2013)
REPLY to Response to Motion filed by Premier Automotive Products L.L.C. re 101 MOTION to Compel Production MOTION for Sanctions Based on Spoliation of Evidence. (Reference: 12-1498)(clm, ) (Main Document 119 replaced on 9/3/2013) (clm, ). (Entered: 09/03/2013)
ORDER granting 115 Motion for Leave to File Reply in Support of Motion to Compel Production and for Sanctions Based on Spoliation of Evidence. Signed by Magistrate Judge Karen Wells Roby. (Reference: 12-1498)(clm, ) (Entered: 09/03/2013)
REPLY to Response to Motion filed by Troy Duhon, Premier Automotive Products L.L.C. re 100 Second MOTION to Compel Production of Documents. (Reference: 12-1498)(clm, ) (Entered: 09/03/2013)
ORDER granting 114 Motion for Leave to File Reply Memorandum. Signed by Magistrate Judge Karen Wells Roby. (Reference: All Cases)(clm, ) (Entered: 09/03/2013)
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Compel and for Sanctions Based on Spoliation of Evidence by Premier Automotive Products L.L.C.. Motion(s) referred to Karen Wells Roby. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Reference: 12-1498)(Atkinson, Ian) (Entered: 09/02/2013)
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Second Motion to Compel Plaintiff by Troy Duhon, Premier Automotive Products L.L.C.. Motion(s) referred to Karen Wells Roby. (Attachments: # 1 Proposed Order, # 2 Proposed Order)(Reference: 12-1498)(Atkinson, Ian) (Entered: 09/02/2013)
ORDER granting 112 MOTION to Continue Submission date of 105 MOTION to Dismiss for Failure to State a Claim Second Amended Complaint: Motion reset for 9/25/2013 10:00 AM before Judge Jane Triche Milazzo. Signed by Judge Jane Triche Milazzo.(Reference: 12-1498)(ecm, ) (Entered: 08/30/2013)
EXPARTE/CONSENT MOTION to Continue Submission Date by Premier Dealer Services, Inc.. (Attachments: # 1 Proposed Order)(Reference: 2:12-cv-01498)(Luminais, Bradley) (Entered: 08/30/2013)
ORDER Setting Hearing with Oral Argument on 101 MOTION to Compel Production MOTION for Sanctions Based on Spoliation of Evidence, 102 MOTION to Extend the Deposition of Marc Mader, 100 Second MOTION to Compel Production of Documents : Motion set with Oral Argument for 9/4/2013 11:00 AM before Magistrate Judge Karen Wells Roby. Signed by Magistrate Judge Karen Wells Roby.(Reference: All Cases)(clm, ) (Entered: 08/29/2013)
ORDERED that 107 Motion to Continue Submission Date, Oral Argument, and Status Conference is DENIED. Signed by Magistrate Judge Karen Wells Roby. (Reference: 12-1498)(clm, ) (Entered: 08/28/2013)
RESPONSE/MEMORANDUM in Opposition filed by Dealer Services South, Inc. re 102 MOTION to Extend the Deposition of Marc Mader . (Reference: 12-1498)(Messer, Rusty) (Entered: 08/28/2013)
RESPONSE/MEMORANDUM in Opposition filed by Dealer Services South, Inc. re 101 MOTION to Compel Production MOTION for Sanctions Based on Spoliation of Evidence . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Reference: 12-1498)(Messer, Rusty) (Entered: 08/27/2013)
EXPARTE/CONSENT MOTION to Continue Submission Date, Oral Argument, and Status Conference by Premier Dealer Services, Inc.. Motion(s) referred to Karen Wells Roby. (Attachments: # 1 Proposed Order)(Reference: 12-1498)(Luminais, Bradley) (Entered: 08/27/2013)
RESPONSE/MEMORANDUM in Opposition filed by Premier Dealer Services, Inc. re 100 Second MOTION to Compel Production of Documents . (Attachments: # 1 Exhibit, # 2 Exhibit)(Reference: 12-1498)(Luminais, Bradley) (Entered: 08/27/2013)
MOTION to Dismiss for Failure to State a Claim Second Amended Complaint by Troy Duhon, Scott Nietert, Premier Automotive Imports of CA, LLC, Premier Automotive Products L.L.C., Premier Automotive, L.L.C., Premier Jefferson Asian Imports, LLC, Premier Nissan LLC, Premier Nissan of Fremont, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner. Motion set for 9/11/2013 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Reference: 12-1498)(Atkinson, Ian) (Entered: 08/27/2013)
ORDER: A Discovery/Status Conference set for 9/4/2013 10:30 AM before Magistrate Judge Karen Wells Roby. Signed by Magistrate Judge Karen Wells Roby.(clm, ) (Entered: 08/27/2013)
Request/Statement of Oral Argument by All Defendants regarding 102 MOTION to Extend the Deposition of Marc Mader, 101 MOTION to Compel Production MOTION for Sanctions Based on Spoliation of Evidence, 100 Second MOTION to Compel Production of Documents (Reference: 12-cv-1498)(Atkinson, Ian) (Entered: 08/20/2013)
MOTION to Extend the Deposition of Marc Mader by Troy Duhon, Scott Nietert, Premier Automotive Imports of CA, LLC, Premier Automotive Products L.L.C., Premier Automotive, L.L.C., Premier Jefferson Asian Imports, LLC, Premier Nissan LLC, Premier Nissan of Fremont, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner. Motion(s) referred to Karen Wells Roby. Motion set for 9/4/2013 11:00 AM before Magistrate Judge Karen Wells Roby. (Attachments: # 1 Notice of Submission, # 2 Memorandum in Support, # 3 Exhibit A: Deposition of Marc Mader)(Reference: 12-cv-1498)(Atkinson, Ian) (Entered: 08/20/2013)
MOTION to Compel Production, MOTION for Sanctions Based on Spoliation of Evidence by Premier Automotive Products L.L.C.. Motion(s) referred to Karen Wells Roby. Motion set for 9/4/2013 11:00 AM before Magistrate Judge Karen Wells Roby. (Attachments: # 1 Notice of Submission, # 2 Memorandum in Support, # 3 Exhibit A. Premier Automotive Products, LLC's First Set of Discovery to DSS, # 4 Exhibit B. DSS Responses to First Set of Discovery, # 5 Exhibit C. DSS Supplemental Responses to First Set of Discovery, # 6 Exhibit D. Deposition of Marc Mader, # 7 Exhibit E. PDS Privilege Log, # 8 Exhibit F. Screen Shot of Teknarus Home Page)(Reference: 12-cv-1498)(Atkinson, Ian) (Entered: 08/20/2013)
Second MOTION to Compel Production of Documents by Troy Duhon, Premier Automotive Products L.L.C.. Motion(s) referred to Karen Wells Roby. Motion set for 9/4/2013 11:00 AM before Magistrate Judge Karen Wells Roby. (Attachments: # 1 Notice of Submission, # 2 Memorandum in Support, # 3 Exhibit A. Premier Automotive Products, LLC's First Set of Discovery to Premier Dealer Services, Inc., # 4 Exhibit B. Troy Duhon's First Set of Discovery to Premier Dealer Services, Inc., # 5 Exhibit C. June 19, 2013 Hearing Transcript, # 6 Exhibit D. Brad Luminais Email to Thomas McEachin, dated July 10, 2013, # 7 Exhibit E. Brad Luminais Letter to Thomas McEachin, dated July 16, 2013, # 8 Exhibit F. PDS Supplemental Production, # 9 Exhibit G. PDS Privilege Log, # 10 Exhibit H. Deposition of Marc Mader, # 11 Exhibit I. Ian Atkinson Email to Brad Luminais, dated July 19, 2013)(Reference: 12-cv-1498)(Atkinson, Ian) (Entered: 08/20/2013)
SECOND AMENDED COMPLAINT against Troy Duhon, Scott Nietert, Premier Automotive Imports of CA, LLC, Premier Automotive Products L.L.C., Premier Automotive, L.L.C., Premier Jefferson Asian Imports, LLC, Premier Nissan LLC, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner filed by Premier Dealer Services, Inc.(Reference: 12-1498)(ecm, ) (Entered: 08/16/2013)
ORDER granting 97 Motion for Leave to File Second Amended Complaint. Signed by Judge Jane Triche Milazzo. (Reference: 12-1498)(ecm, ) (Entered: 08/16/2013)
Minute Entry for proceedings held before Magistrate Judge Karen Wells Roby: Settlement Conference held on 8/12/2013. (NEF: Sect H) (Reference: BOTH CASES)(caa, ) (Entered: 08/13/2013)
ORDER granting in part and denying in part 71 Motion to Compel Discovery Responses, as stated herein. Signed by Magistrate Judge Karen Wells Roby on 8/9/2013. (Reference: 12-1498)(caa, ) (Entered: 08/09/2013)
EXPARTE/CONSENT MOTION for Protective Order by Premier Dealer Services, Inc.. Motion(s) referred to Karen Wells Roby. (Attachments: # 1 Proposed Order)(Reference: 12-1498, 12-2790)(Luminais, Bradley) Modified on 8/1/2013 (my, ). (Entered: 07/31/2013)
ORDER AND REASONS granting in part and denying in part 24 Motion to Dismiss for Failure to State a Claim. Counts three, four, five, eight, nine, and eleven are dismissed with prejudice against the Individual Defendants. Count ten is dismissed without prejudice against the Individual Defendants. Counts one, two, six, and seven remain against the Individual Defendants. Plaintiff has fifteen days to amend only Count Ten. Signed by Judge Jane Triche Milazzo ON 7/30/2013. (Reference: 12-1498)(ecm, ) (Entered: 07/31/2013)
ORDER granting 89 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Karen Wells Roby on 6/27/2013. (Reference: 12-1498)(caa, ) (Entered: 06/28/2013)
Correction of Docket Entry by Clerk re 89 MOTION for Extension of Time to Complete Discovery . **Motion referred to Magistrate Judge Karen Wells Roby.** (Reference: 12-1498)(my, ) (Entered: 06/27/2013)
EXPARTE/CONSENT MOTION for Extension of Time to Complete Discovery by Premier Dealer Services, Inc. Motion(s) referred to Judge Karen Wells Roby. (Attachments: # 1 Proposed Order)(Reference: 12-1498)(Luminais, Bradley) Modified on 6/27/2013 (my, ). (Entered: 06/26/2013)
Minute Entry for proceedings held before Magistrate Judge Karen Wells Roby: Motion Hearing held on 6/19/2013 re 71 MOTION to Compel Discovery Responses filed by Premier Automotive Products L.L.C., Troy Duhon. The Court shall issue an Order.(Court Reporter Arlene Movahed.) (clm, ) (Entered: 06/20/2013)
REPLY to Response to Motion filed by Dealer Services South, Inc. re 68 First MOTION to Dismiss for Failure to State a Claim . (Reference: 12-1498)(ecm, ) (Entered: 06/14/2013)
Correction of Docket Entry by Clerk re 84 MOTION for Leave to File Reply to Memorandum in Opposition. **Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'. Exparte/Consent motions are NOT set for submission. Clerk has removed submission date.** (Reference: 12-1498)(my, ) (Entered: 06/14/2013)
EXPARTE/CONSNET MOTION for Leave to File Reply to Memorandum in Opposition by Dealer Services South, Inc. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Reference: 12-1498)(Messer, Rusty) Modified on 6/14/2013 (my, ). (Entered: 06/13/2013)
RESPONSE/MEMORANDUM in Opposition filed by Troy Duhon, Scott Nietert, Premier Automotive Imports of CA, LLC(incorrectly added as Premier Nissan of Fremont), Premier Automotive Products L.L.C., Premier Automotive of CA, LLC, Premier Automotive, L.L.C., Premier Jefferson Asian Imports, LLC(incorrectly names as Premier Asian Imports, LLC), Premier Nissan LLC, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner(incorrectly identified as Wayne Skinnard) re 68 First MOTION to Dismiss for Failure to State a Claim . (Reference: 12-1498)(McEachin, Thomas) (Entered: 06/11/2013)
ORDER granting 79 Motion for Leave to File Reply Memorandum in Support of Motion to Compel Discovery Responses. Signed by Magistrate Judge Karen Wells Roby on 6/10/2013. (Reference: 12-1498)(clm, ) (Entered: 06/11/2013)
Correction of Docket Entry by Clerk re 79 MOTION for Leave to File Reply Memorandum. **Filing attorney incorrectly selected All Plaintiffs as filers. Correct filers are Troy Duhon and Premier Automotive Products, LLC. Clerk took corrective action.** (Reference: 12-1498)(my, ) (Entered: 06/05/2013)
ORDERED that 71 MOTION to Compel Discovery Responses is CONTINUED with ORAL ARGUMENT to Wednesday, 6/19/2013 11:00 AM before Magistrate Judge Karen Wells Roby. Signed by Magistrate Judge Karen Wells Roby.(Reference: All Cases)(clm, ) (Entered: 06/03/2013)
RESPONSE/MEMORANDUM in Opposition filed by Premier Dealer Services, Inc. re 71 MOTION to Compel Discovery Responses. (Attachments: # 1 Exhibit)(Reference: 12-1498)(clm, ) (Entered: 06/03/2013)
ORDER granting 72 Motion for Leave to File Memorandum in Opposition to Motion to Compel Discovery Responses. Signed by Magistrate Judge Karen Wells Roby on 5/31/2013. (Reference: All Cases)(clm, ) (Entered: 06/03/2013)
**DEFICIENT**EXPARTE/CONSENT MOTION to Continue Submission Date and Oral Argument by Premier Dealer Services, Inc.. Motion(s) referred to Karen Wells Roby. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Reference: 12-1498)(Luminais, Bradley) Modified on 6/3/2013 (my, ). (Entered: 05/31/2013)
Correction of Docket Entry by Clerk re 72 MOTION for Leave to File Memorandum in Opposition to Motion to Compel Discovery Responses. **Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the Magistrate Judge. Clerk took corrective action. ALSO In Consolidated Matters, the caption must list all case(s) that are consolidated together and include a separate reference to list the case(s) to which the pleading pertains and that same case number(s) must be referenced in the docket entry. If the caption does not specifically state the case(s) to which the pleading pertains, then all cases will be listed. Please follow this requirement for all future filings. Ex. ref 12-2790** (Reference: 12-2790)(my, ) (Entered: 05/30/2013)
EXPARTE/CONSENT MOTION for Leave to File Memorandum in Opposition to Motion to Compel Discovery Responses by Premier Dealer Services, Inc. Motion(s) referred to Magistrate Judge Karen Wells Roby. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order, # 3 Exhibit)(Reference: 12-2790)(Luminais, Bradley) Modified on 5/30/2013 (my, ). (Entered: 05/29/2013)
ORDER granting 65 Motion for Extension of Time to File Response/Reply. Third- Party Defendant, Dealer Services South, Inc., be granted until Monday, June 3, 2013, to file a response to the Third Party Complaint. Signed by Judge Jane Triche Milazzo. (Reference: 12-1498, 12-2790)(ecm, ) (Entered: 05/15/2013)
Correction of Docket Entry by Clerk re 68 First MOTION to Dismiss for Failure to State a Claim . **Filing attorney selected incorrect time. Correct time is 10:00 am. Clerk took corrective action.** (Reference: 12-1498)(my, ) (Entered: 05/15/2013)
First MOTION to Dismiss for Failure to State a Claim by Dealer Services South, Inc.. Motion set for 6/19/2013 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Reference: 12-1498)(Messer, Rusty) Modified on 5/15/2013 (my, ). (Entered: 05/15/2013)
**DEFICIENT**First MOTION to Dismiss for Failure to State a Claim by Dealer Services South, Inc.. Motion set for 6/19/2013 09:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Memorandum in Support)(Reference: 12-1498)(Messer, Rusty) Modified on 5/15/2013 (my, ). (Entered: 05/14/2013)
Correction of Docket Entry by Clerk re 65 First MOTION for Extension of Time to File Response/Reply . **Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action. ALSO In Consolidated Matters, the caption must list all case(s) that are consolidated together and include a separate reference to list the case(s) to which the pleading pertains and that same case number(s) must be referenced in the docket entry. If the caption does not specifically state the case(s) to which the pleading pertains, then all cases will be listed. Please follow this requirement for all future filings.** (Reference: 12-1498, 12-2790)(my, ) (Entered: 05/14/2013)
EXPARTE/CONSENT First MOTION for Extension of Time to File Response/Reply by Dealer Services South, Inc. Attachments: # 1 Proposed Order)(Reference: 12-1498, 12-2790)(Messer, Rusty) Modified on 5/14/2013 (my, ). (Entered: 05/14/2013)
Correction of Docket Entry by Clerk re 63 Notice (Other). **Filing attorney selected incorrect event. Correct event is Statement of Corporate Disclosure. Clerk took corrective action by changing the event. ALSO In Consolidated Matters, the caption must include a separate reference to list the case(s) to which the pleading pertains and the same case number(s) must be referenced in the docket entry. Please follow this requirement for all future filings.** (Reference: 12-1498)(my, ) (Entered: 05/14/2013)
Statement of Corporate Disclosure by Dealer Services South, Inc. (Reference: 12-1498, 12-2790)(Messer, Rusty) Modified text on 5/14/2013 (my, ). (Entered: 05/13/2013)
ORDER: Settlement Conference RESET for 8/12/2013 10:00 AM before Magistrate Judge Karen Wells Roby. Signed by Magistrate Judge Karen Wells Roby.(Reference: All Cases) (NEF:MILAZZO)(clm, ) (Entered: 05/13/2013)
Minute Entry for proceedings held before Judge Jane Triche Milazzo: Preliminary Status Conference held on 5/6/2013. IT IS ORDERED that the parties are to attend a settlement conference with Magistrate Judge Roby within sixty days. The clients are to be present at the settlement conference. (NEF: Judge Roby) (Reference: Both Cases)(ecm, ) (Entered: 05/06/2013)
SUMMONS Returned Executed; Dealer Services South, Inc. served on 4/23/2013, answer due 5/14/2013. (Reference: 12-1498)(Atkinson, Ian) (Entered: 04/29/2013)
ORDER granting 58 Motion to Amend/Correct the Record to add correct party names to the database. Signed by Judge Jane Triche Milazzo. (Reference: Both Cases)(ecm, ) (Entered: 04/23/2013)
EXPARTE/CONSENT MOTION to Amend/Correct the Record by Troy Duhon, Scott Nietert, Premier Asian Imports, L.L.C., Premier Automotive Imports of CA, LLC, Premier Automotive L.L.C., Premier Automotive Products L.L.C., Premier Automotive of CA, LLC, Premier Automotive, L.L.C., Premier Nissan LLC, Premier Nissan of Fremont, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner. (Attachments: # 1 Proposed Order)(Reference: 12-1498, 12-2790)(McEachin, Thomas) Modified text on 4/23/2013 (my, ). (Entered: 04/22/2013)
Statement of Corporate Disclosure by Troy Duhon, Scott Nietert, Premier Asian Imports, L.L.C., Premier Automotive Imports of CA, LLC, Premier Automotive L.L.C., Premier Automotive Products L.L.C., Premier Premier Automotive of CA, LLC, Premier Nissan LLC, Premier Nissan of Fremont, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner (Reference: 12-1498, 12-2790)(McEachin, Thomas) (Entered: 04/22/2013)
ORDER granting 54 Motion to Appear as Counsel of Record, Rusty M. Messer for Dealer Services South, Inc. Signed by Judge Jane Triche Milazzo. (Reference: Both Cases)(ecm, ) (Entered: 04/22/2013)
ORDER granting 52 Motion to Continue. Preliminary Status Conference reset for 5/2/2013 03:00 PM before Judge Jane Triche Milazzo. Signed by Judge Jane Triche Milazzo.(Reference: All cases)(ecm, ) Modified docket entry relationships on 4/25/2013 (ecm, ). (Entered: 04/19/2013)
EXPARTE/CONSENT Second MOTION to Appear as Counsel of Record by Dealer Services South, Inc.. (Attachments: # 1 Proposed Order)(Reference:12-cv-01498)(Messer, Rusty) (Entered: 04/19/2013)
Correction of Docket Entry by Clerk re 50 Statement of Corporate Disclosure. **In Consolidated Matters, the caption must list all case(s) that are consolidated together and include a separate reference to list the case(s) to which the pleading pertains and that same case number(s) must be referenced in the docket entry. If the caption does not specifically state the case(s) to which the pleading pertains, then all cases will be listed. Please follow this requirement for all future filings.** (Reference: 12-2790)(my, ) (Entered: 04/19/2013)
EXPARTE/CONSENT Joint MOTION to Continue Status Conference by Troy Duhon, Scott Nietert, Premier Asian Imports, L.L.C., Premier Automotive Imports of CA, LLC, Premier Automotive Products L.L.C., Premier Automotive of CA, LLC, Premier Automotive, L.L.C., Premier Nissan LLC, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner(incorrectly identified as Wayne Skinnard). (Attachments: # 1 Proposed Order)(Reference: 12-1498, 12-2790)(Atkinson, Ian) (Entered: 04/18/2013)
**DEFICIENT**EXPARTE/CONSENT MOTION to Appear as Counsel of Record by Dealer Services South, Inc.. (Reference: 2:12-cv-01498)(Messer, Rusty) Modified on 4/19/2013 (my, ). (Entered: 04/18/2013)
Statement of Corporate Disclosure by Premier Dealer Services, Inc. identifying Corporate Parent PDS Holdings, LLC for Premier Dealer Services, Inc. (Reference: 12-2790)(Luminais, Bradley) (Entered: 04/18/2013)
Correction of Docket Entry by Clerk re 47 Third Party Complaint. **In Consolidated Matters, the caption must include a separate reference to list the case(s) to which the pleading pertains and the same case number(s) must be referenced in the docket entry. Please follow this requirement for all future filings. ** (Reference: 12-1498)(my, ) (Entered: 04/16/2013)
THIRD PARTY COMPLAINT with Jury Demand against Dealer Services South, Inc. filed by Premier Nissan LLC, Troy Duhon, Wayne Skinner, Premier Automotive Imports of CA, LLC, Premier Quality Imports, L.L.C., Premier Automotive of CA, LLC, Scott Nietert, Premier Automotive, L.L.C., Premier Asian Imports, L.L.C., Premier Nissan of San Jose, LLC, Premier Automotive Products L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Summons)(Reference: 12-1498)(McEachin, Thomas) (Entered: 04/15/2013)
Correction of Docket Entry by Clerk re 45 Answer to Complaint; Caption on pleading should be caption of master case number 12-1498 and include a separate reference to list the case(s) to which the pleading pertains. This must also be referenced in the docket text. This requirement must be followed for all future documents. (ecm, ) (Entered: 04/04/2013)
ANSWER to Complaint with Jury Demand by Premier Automotive Imports of CA, LLC, Premier Automotive of CA, LLC, Premier Nissan of San Jose, LLC.(Reference: 12-2790)(McEachin, Thomas) Modified text on 4/4/2013 (ecm, ). (Entered: 04/03/2013)
ORDER: Settlement Conference set for 11/14/2013 10:00 AM before Magistrate Judge Karen Wells Roby. Signed by Magistrate Judge Karen Wells Roby on 3/28/2013.(Reference: BOTH CASES)(caa, ) (Entered: 03/28/2013)
ANSWER to 39 Counterclaim with Jury Demand by Troy Duhon, Scott Nietert, Premier Asian Imports, L.L.C., Premier Automotive Imports of CA, LLC, Premier Automotive Products L.L.C., Premier Automotive of CA, LLC, Premier Automotive, L.L.C., Premier Nissan LLC, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner, Toyota of Poway, Premier Nissan of Fremont .(Reference: 12-1498)(McEachin, Thomas) Modified on 3/28/2013 (my, ). (Entered: 03/28/2013)
SCHEDULING ORDER: Preliminary Status Conference set for 4/25/2013 03:30 PM before Judge Jane Triche Milazzo. Final Pretrial Conference set for 12/19/2013 02:00 PM before Judge Jane Triche Milazzo. Jury Trial set for 1/13/2014 08:30 AM before Judge Jane Triche Milazzo. Signed by Judge Jane Triche Milazzo. (Attachments: # 1 Pretrial Notice Form) (NEF: Judge Roby) (Reference: 12-1498, 12-2790)(ecm, ) (Main Document 42 replaced on 3/18/2013) (ecm, ). (Entered: 03/14/2013)
PRELIMINARY CONFERENCE NOTICE: Scheduling Conference set for 3/14/2013 02:00 PM before courtroom deputy by telephone. Signed by Case Manager for Judge Jane Triche Milazzo.(Reference: Both Cases)(ecm, ) (Entered: 03/06/2013)
ORDER consolidating 12-2790 and 12-1498. All entries shall be made in this master docket sheet only, with a notation listing the cases to which the document applies. Signed by Judge Jane Triche Milazzo.(ecm, ) (Entered: 03/06/2013)
Tower National Insurance Company's ANSWER to 25 Third Party Complaint,, with Jury Demand, COUNTERCLAIM with Jury Demand against Troy Duhon, Scott Nietert, Premier Asian Imports, L.L.C., Premier Automotive Products L.L.C., Premier Automotive, L.L.C., Premier Nissan LLC, Premier Automotive Imports of CA, LLC, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner, Premier Automotive of CA, LLC by Tower National Insurance Company.(Ryan, Isaac) Modified on 3/4/2013 to add properly named counter defendants (ecm, ). (Entered: 03/01/2013)
REPLY to Response to Motion filed by Troy Duhon, Scott Nietert, Premier Asian Imports, L.L.C., Premier Automotive Products L.L.C., Premier Automotive, L.L.C., Premier Nissan LLC, Premier Nissan of Fremont, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner, Toyota of Poway re 24 MOTION to Dismiss for Failure to State a Claim . (ecm, ) (Entered: 02/08/2013)
Correction of Docket Entry by Clerk re 35 MOTION for Leave to File Reply Memorandum**Filing attorney incorrectly selected Wayne Skinnard as a filer. Clerk removed filer. No further action necessary.** (my, ) (Entered: 02/07/2013)
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Troy Duhon, Scott Nietert, Premier Asian Imports, L.L.C., Premier Automotive Products L.L.C., Premier Automotive, L.L.C., Premier Nissan LLC, Premier Nissan of Fremont, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner, Toyota of Poway. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Reply Memorandum)(McEachin, Thomas) Modified filers on 2/7/2013 (my, ). (Entered: 02/07/2013)
ORDER granting 32 MOTION to Continue Submission Date of 24 MOTION to Dismiss for Failure to State a Claim : Motion set for 2/13/2013 10:00 AM before Judge Jane Triche Milazzo. Signed by Judge Jane Triche Milazzo.(ecm, ) (Entered: 01/24/2013)
EXPARTE/CONSENT MOTION to Continue Submission Date by Premier Dealer Services, Inc.. (Attachments: # 1 Proposed Order)(Luminais, Bradley) (Entered: 01/23/2013)
RESPONSE/MEMORANDUM in Opposition filed by Premier Dealer Services, Inc. re 24 MOTION to Dismiss for Failure to State a Claim . (Luminais, Bradley) (Entered: 01/22/2013)
**DEFICIENT** EXPARTE/CONSENT MOTION to Continue Submission Date by Premier Dealer Services, Inc. (Attachments: # 1 Proposed Order)(Luminais, Bradley) Modified on 1/23/2013 (ecm, ). (Entered: 01/22/2013)
NOTICE TO COUNSEL for Third Party Plaintiffs to deliver two (2) hard copies of their 25 Third Party Complaint, to the chambers of Judge Jane Triche Milazzo, Rm C206 by 4:00 p.m. Wednesday, January 16, 2013. These copies must be bound or in binders, tabbed, and reflect pagination and document numbers consistent with the electronic document stamping of CM/ECF. (ecm, ) (Entered: 01/14/2013)
Correction of Docket Entry by Clerk re 26 MOTION to Transfer Case ; Document filed in wrong case. Document to be re-filed by attorney in correct case, 12-2790, with appropriate case caption and section and set before Judge Lance M. Africk. (ecm, ) (Entered: 01/14/2013)
**ERROR-FILED IN WRONG CASE: To be Refiled in 12-2790 by attorney** MOTION to Transfer Case by Troy Duhon, Scott Nietert, Premier Asian Imports, L.L.C., Premier Automotive Products L.L.C., Premier Automotive, L.L.C., Premier Nissan LLC, Premier Nissan of Fremont, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner, Toyota of Poway. Motion set for 1/30/2013 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Exhibit A, # 4 Exhibit B)(Atkinson, Ian) Modified on 1/14/2013 (ecm, ). (Entered: 01/11/2013)
THIRD PARTY COMPLAINT with Jury Demand against Tower National Insurance Company filed by Premier Nissan of Fremont, Premier Quality Imports, L.L.C., Scott Nietert, Wayne Skinner, Premier Nissan LLC, Premier Automotive, L.L.C., Premier Asian Imports, L.L.C., Troy Duhon, Premier Nissan of San Jose, LLC, Toyota of Poway, Premier Automotive Products L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Summons Summons)(Atkinson, Ian) (Entered: 01/11/2013)
MOTION to Dismiss for Failure to State a Claim by Troy Duhon, Scott Nietert, Premier Asian Imports, L.L.C., Premier Automotive Products L.L.C., Premier Automotive, L.L.C., Premier Nissan LLC, Premier Nissan of Fremont, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner, Toyota of Poway. Motion set for 1/30/2013 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Atkinson, Ian) (Entered: 01/11/2013)
Minute Order. Proceedings held before Judge Jane Triche Milazzo: Motion Hearing held on 12/5/2012 granting in part and denying in part 7 Motion to Dismiss for Failure to State a Claim. It is granted only as to Plaintiff's claims against the Individual Defendants. Plaintiff has twenty (20) days to amend the Complaint with respect to these claims. The Motion is denied on all other grounds. The Court grants Plaintiff's 19 Motion to Strike 18 Reply to Response to Motion, as untimely. (Court Reporter Jodi Simcox.) (ecm, ) (Entered: 12/05/2012)
MOTION to Strike 18 Reply to Response to Motion in Support of Partial Motion to Dismiss by Premier Dealer Services, Inc.. Motion set for 1/2/2013 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Luminais, Bradley) (Entered: 12/04/2012)
**STRICKEN PER REC. DOC. 20** REPLY to Response to Motion filed by All Defendants re 7 MOTION to Dismiss for Failure to State a Claim . (ecm, ) Modified on 12/5/2012 (ecm, ). (Entered: 12/03/2012)
Correction of Docket Entry by Clerk re 15 MOTION for Leave to File Reply in Support of Partial Motion to Dismiss. **Filing attorney incorrectly selected Wayne Skinnard as a filer(s). Clerk removed filer. No further action necessary.** (my, ) (Entered: 12/03/2012)
EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Partial Motion to Dismiss by Troy Duhon, Scott Nietert, Premier Asian Imports, L.L.C., Premier Automotive Products L.L.C., Premier Automotive, L.L.C., Premier Nissan LLC, Premier Nissan of Fremont, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner, Toyota of Poway. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Atkinson, Ian) Modified on 12/3/2012 (my, ). (Entered: 11/30/2012)
RESPONSE/MEMORANDUM in Opposition filed by Premier Dealer Services, Inc. re 7 MOTION to Dismiss for Failure to State a Claim . (Luminais, Bradley) (Entered: 10/30/2012)
ORDER granting 10 Request/Statement of Oral Argument as to 7 MOTION to Dismiss for Failure to State a Claim : Motion Hearing with Oral Argument is set for 12/5/2012 10:00 AM before Judge Jane Triche Milazzo. FURTHER ORDERED that the submission date of November 7, 2012 shall remain. All oppositions to this Motion shall be filed in the record by October 30, 2012, pursuant to Local Rule 7.5. Signed by Judge Jane Triche Milazzo.(ecm, ) (Entered: 10/02/2012)
ORDER granting 9 MOTION to Continue Submission Date on 7 MOTION to Dismiss for Failure to State a Claim : Motion set for 11/7/2012 10:00 AM before Judge Jane Triche Milazzo. Signed by Judge Jane Triche Milazzo.(ecm, ) (Entered: 10/02/2012)
Correction of Docket Entry by Clerk re 9 MOTION to Continue Submission Date. **Filing attorney attached a Request/Statement for Oral Argument to this motion instead of filing it as a separate entry. Clerk took corrective action by separating the request and docketing it as a separate entry. All future requests for oral argument must be filed separately.** (my, ) (Entered: 09/28/2012)
Request/Statement of Oral Argument by Premier Dealer Services, Inc. regarding 7 MOTION to Dismiss for Failure to State a Claim . (my, ) (Entered: 09/28/2012)
EXPARTE/CONSENT MOTION to Continue Submission Date by Premier Dealer Services, Inc.. (Attachments: # 1 Proposed Order, # 2 Request for Oral Argument)(Luminais, Bradley) (Entered: 09/28/2012)
Correction of Docket Entry by Clerk re 7 MOTION to Dismiss for Failure to State a Claim . **Filing attorney incorrectly selected Wayne Skinnard as a filer(s). Clerk removed filer. No further action necessary.** (my, ) (Entered: 09/20/2012)
Partial MOTION to Dismiss for Failure to State a Claim by Troy Duhon, Scott Nietert, Premier Asian Imports, L.L.C., Premier Automotive Products L.L.C., Premier Automotive, L.L.C., Premier Nissan LLC, Premier Nissan of Fremont, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner, Toyota of Poway. Motion set for 10/10/2012 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Atkinson, Ian) Modified on 9/20/2012 (my, ). (Entered: 09/19/2012)
ORDER granting 5 Motion for Extension of Time to Answer re 1 Complaint, as to Troy Duhon answer due 9/19/2012; Scott Nietert answer due 9/19/2012; Premier Asian Imports, L.L.C. answer due 9/19/2012; Premier Automotive Products L.L.C. answer due 9/19/2012; Premier Automotive, L.L.C. answer due 9/19/2012; Premier Nissan LLC answer due 9/19/2012; Premier Nissan of Fremont answer due 9/19/2012; Premier Nissan of San Jose, LLC answer due 9/19/2012; Premier Quality Imports, L.L.C. answer due 9/19/2012; Wayne Skinner answer due 9/19/2012; Toyota of Poway answer due 9/19/2012. Signed by Judge Jane Triche Milazzo. (ecm, ) (Entered: 09/06/2012)
EXPARTE/CONSENT Second MOTION for Extension of Time to Answer re 1 Complaint, by Troy Duhon, Scott Nietert, Premier Asian Imports, L.L.C., Premier Automotive Products L.L.C., Premier Automotive, L.L.C., Premier Nissan LLC, Premier Nissan of Fremont, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner, Toyota of Poway. (Attachments: # 1 Proposed Order)(McEachin, Thomas) Modified on 9/6/2012 (my, ). (Entered: 09/05/2012)
ORDER granting 3 Motion for Extension of Time to Answer re 1 Complaint, as to All Defendants answer due 9/4/2012. Signed by Judge Jane Triche Milazzo. (ecm, ) (Entered: 08/13/2012)
EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint, by Troy Duhon, Scott Nietert, Premier Asian Imports, L.L.C., Premier Automotive Products L.L.C., Premier Automotive, L.L.C., Premier Nissan LLC, Premier Nissan of Fremont, Premier Nissan of San Jose, LLC, Premier Quality Imports, L.L.C., Wayne Skinner, Toyota of Poway. (Attachments: # 1 Proposed Order)(McEachin, Thomas) Modified filers on 8/13/2012 (my, ). (Entered: 08/10/2012)
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