| Court: | cacd |
| Docket #: | 5:04-cv-01326 |
| Case Name: | Eastern Municipal Water District v. Kenko Inc et al. |
| PACER case #: | 166836 |
| Date filed: | 2004-10-20 |
| Date terminated: | 2005-07-27 |
| Assigned to: | Judge Virginia A. Phillips |
| Referred to: | Magistrate Judge Jeffrey W. Johnson |
| Case Cause: | 28:1441 Notice of Removal |
| Nature of Suit: | 870 Taxes |
| Jury Demand: | None |
| Jurisdiction: | U.S. Government Defendant |
| Represented Party | Attorney & Contact Info |
| Eastern Municipal Water District Plaintiff |
Scott R Heil |
| Kenko Inc Defendant doing business asMcGrand and Associates |
James Michael Matthews |
| Hartford Accident and Indemnity Company Defendant |
Colin K McCarthy Jonathan J Dunn Laurie A Svitenko Marilyn S Klinger |
| Hi-Way Safety Rentals Inc Defendant |
|
| Landmark Site Contractors Defendant |
|
| Myers and Sons Hi Way Safety Inc Defendant |
|
| Olson Precast Company Defendant |
|
| Palm Canyon Contractors Inc Defendant |
|
| Penhall Company Defendant |
|
| R and R Equipment Rentals Defendant TERMINATED: 12/14/2004 |
|
| Ted Cheek Trucking Defendant TERMINATED: 12/14/2004 |
|
| Vulcan Materials Co Defendant |
|
| Union Bank of California Defendant |
Lisa M Rockwell Michael Thomas Connell |
| Bank of America Defendant National Association |
Marsha B Kerr Stephen M Spinella |
| Employment Development Department Defendant State of California Erroneously Sued AsEconomic Development Department |
Herbert A Levin |
| Does Defendant 2 through 100 inclusive |
|
| Internal Revenue Service Defendant United States of America also known asDoe 1 |
Donna Ford |
| Hartford Accident and Indemnity Company Cross Claimant |
Jonathan J Dunn Laurie A Svitenko |
| Internal Revenue Service The Cross Defendant |
Assistant US Attorney LA-CV |
| United States of America Department of the Treasury Cross Defendant by and through its agency |
Assistant US Attorney LA-CV |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2004-10-20 | 1 | 0 | NOTICE OF REMOVAL by Internal Revenue Service from Riverside County Superior Court, case number RIC 417395 with copy of summons and complaint.Case assigned to Judge Virginia A. Phillips, Discovery to Magistrate Judge Jeffrey W Johnson. (Filing fee waived. ), filed by defendant Internal Revenue Service.(mrgo, ) (Entered: 10/27/2004) | |||
| 2004-10-20 | 2 | 0 | NOTICE of Interested Parties filed by Defendant Internal Revenue Service. (mrgo, ) (Entered: 10/27/2004) | |||
| 2004-10-25 | 3 | 0 | STANDING ORDER by Judge Virginia A. Phillips.(See document for specifics)(mrgo, ) (Entered: 10/27/2004) | |||
| 2004-10-22 | 4 | 0 | EX PARTE APPLICATION for Extend Time to File Answer to 12/20/2004 filed by defendant Internal Revenue Service. Lodged order. (mrgo, ) (Entered: 10/27/2004) | |||
| 2004-10-25 | 5 | 0 | ORDER by Judge Virginia A. Phillips : granting 4 Ex Parte Application for Extension of Time to Answer 4 . IT IS ORDERED that the time within which claimant United States of America, Internal Revenue Service may serve a response to the complaint in interpleader is extended to and including 12/20/04. (mrgo, ) (Entered: 10/27/2004) | |||
| 2004-11-03 | 6 | 0 | NOTICE OF DISCREPANCY AND ORDER: by Judge Virginia A. Phillips, ORDERING answer submitted by Defendant Bank of America received on 11/2/04 is not to be filed but instead rejected. Denial based on: no certification of interested parties.(mrgo, ) (Entered: 11/08/2004) | |||
| 2004-11-04 | 7 | 0 | ANSWER to Notice of Removal, 1 filed by defendant Union Bank of California.(mrgo, ) (Entered: 11/08/2004) | |||
| 2004-11-05 | 8 | 0 | CERTIFICATION of Interested Parties filed by Defendant Union Bank of California. (mrgo, ) (Entered: 11/08/2004) | |||
| 2004-11-08 | 9 | 0 | ANSWER to Notice of Removal, 1 filed by defendant Hartford Accident and Indemnity Company.(mrgo, ) (Entered: 11/09/2004) | |||
| 2004-11-08 | 10 | 0 | NOTICE of Interested Parties filed by Defendant Hartford Accident and Indemnity Company. (mrgo, ) (Entered: 11/09/2004) | |||
| 2004-11-09 | 11 | 0 | ORDER SETTING SCHEDULING CONFERENCE by Judge Virginia A. Phillips: Scheduling Conference set for 1/31/2005 01:30 PM before Honorable Virginia A. Phillips.(mrgo, ) (Entered: 11/10/2004) | |||
| 2004-11-09 | 12 | 0 | RESPONSE to Notice of Removal, 1 ; Consent to entry of default filed by defendant Kenko Inc.(mrgo, ) (Entered: 11/10/2004) | |||
| 2004-11-09 | 13 | 0 | CERTIFICATION of Interested Parties filed by Defendant Kenko Inc. (mrgo, ) (Entered: 11/10/2004) | |||
| 2004-11-03 | 14 | 0 | ANSWER to Notice of Removal, 1 filed by defendant Bank of America.(mrgo, ) (Entered: 11/12/2004) | |||
| 2004-11-10 | 15 | 0 | NOTICE of Interested Parties filed by Plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 11/17/2004) | |||
| 2004-11-12 | 16 | 0 | ANSWER to Notice of Removal, 1 filed by defendant Employment Development Department.(mrgo, ) (Entered: 11/18/2004) | |||
| 2004-11-12 | 17 | 0 | NOTICE of Interested Parties filed by Defendant Employment Development Department. (mrgo, ) (Entered: 11/18/2004) | |||
| 2004-11-18 | 18 | 0 | PROOF OF SERVICE filed by plaintiff Eastern Municipal Water District. Standing Order was served on 11/2/04. (am, ) (Entered: 12/01/2004) | |||
| 2004-12-01 | 19 | 0 | NOTICE OF DISCREPANCY AND ORDER: by Judge Virginia A. Phillips, ORDERING Disclaimer of Interest and Denial of Liability as to Olson Precast Company submitted by Defendant Olson Precast Company received on 11/29/04 is not to be filed but instead rejected. Denial based on: no copy for judge; not proof of service.(mrgo, ) (Entered: 12/13/2004) | |||
| 2004-12-14 | 20 | 0 | REQUEST for Entry of Default against defendantHi-Way Safety Rentals Inc filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 12/14/2004) | |||
| 2004-12-10 | 21 | 0 | DECLARATION of Scott R Heil in support of REQUEST for Entry of Default against defendantHi-Way Safety Rentals Inc 20 filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 12/14/2004) | |||
| 2004-12-14 | 22 | 0 | DEFAULT BY CLERK ENTERED as to Defendant Hi-Way Safety Rentals Inc. (mrgo, ) (Entered: 12/14/2004) | |||
| 2004-12-10 | 23 | 0 | REQUEST for Clerk to Enter Default against defendant Myers and Sons Hi Way Safety Inc filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 12/14/2004) | |||
| 2004-12-10 | 24 | 0 | DECLARATION of Scott R Heil in support of REQUEST for Clerk to Enter Default against defendant Myers and Sons Hi Way Safety Inc 23 filed by plaintiff Myers and Sons Hi Way Safety Inc. (mrgo, ) (Entered: 12/14/2004) | |||
| 2004-12-14 | 25 | 0 | DEFAULT BY CLERK ENTERED as to Defendant Myers and Sons Hi Way Safety Inc. (mrgo, ) (Entered: 12/14/2004) | |||
| 2004-12-14 | 26 | 0 | NOTICE OF DISMISSAL filed by plaintiff Eastern Municipal Water District pursuant to FRCP 41a(1) as to R and R Equipment Rentals. (de, ) (Entered: 12/15/2004) | |||
| 2004-12-14 | 27 | 0 | NOTICE OF DISMISSAL filed by plaintiff Eastern Municipal Water District pursuant to FRCP 41a(1) as to Ted Cheek Trucking. (de, ) (Entered: 12/15/2004) | |||
| 2004-12-20 | 28 | 0 | ANSWER to Notice of Removal, 1 filed by defendant Internal Revenue Service.(mrgo, ) (Entered: 12/22/2004) | |||
| 2005-01-24 | 29 | 0 | REQUEST for Clerk to Enter Default against defendant Olson Precast Company filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 01/26/2005) | |||
| 2005-01-24 | 30 | 0 | DECLARATION of Scott R Heil in support of REQUEST for Clerk to Enter Default against defendant Olson Precast Company 29 filed by Plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 01/26/2005) | |||
| 2005-01-26 | 31 | 0 | DEFAULT BY CLERK ENTERED as to Defendant Olson Precast Company. (mrgo, ) (Entered: 01/26/2005) | |||
| 2005-01-24 | 32 | 0 | REQUEST for Clerk to Enter Default against defendant Penhall Company filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 01/26/2005) | |||
| 2005-01-24 | 33 | 0 | DECLARATION of Scott R Heil in support of REQUEST for Clerk to Enter Default against defendant Penhall Company 32 filed by Plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 01/26/2005) | |||
| 2005-01-26 | 34 | 0 | DEFAULT BY CLERK ENTERED as to Defendant Penhall Company. (mrgo, ) (Entered: 01/26/2005) | |||
| 2005-01-24 | 35 | 0 | REQUEST for Clerk to Enter Default against defendant Palm Canyon Contractors Inc filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 01/26/2005) | |||
| 2005-01-24 | 36 | 0 | DECLARATION of Scott R Heil in support of REQUEST for Clerk to Enter Default against defendant Palm Canyon Contractors Inc 35 filed by Plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 01/26/2005) | |||
| 2005-01-26 | 37 | 0 | DEFAULT BY CLERK ENTERED as to Defendant Palm Canyon Contractors Inc. (mrgo, ) (Entered: 01/26/2005) | |||
| 2005-01-24 | 38 | 0 | REQUEST for Clerk to Enter Default against defendant Landmark Site Contractors filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 01/26/2005) | |||
| 2005-01-24 | 39 | 0 | DECLARATION of Scott R Heil in support of REQUEST for Clerk to Enter Default against defendant Landmark Site Contractors 38 filed by Plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 01/26/2005) | |||
| 2005-01-26 | 40 | 0 | DEFAULT BY CLERK ENTERED as to Defendant Landmark Site Contractors. (mrgo, ) (Entered: 01/26/2005) | |||
| 2005-01-24 | 41 | 0 | REQUEST for Clerk to Enter Default against defendant Vulcan Materials Co filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 01/26/2005) | |||
| 2005-01-24 | 42 | 0 | DECLARATION of Scott R Heil in support of REQUEST for Clerk to Enter Default against defendant Vulcan Materials Co 41 filed by Plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 01/26/2005) | |||
| 2005-01-26 | 43 | 0 | DEFAULT BY CLERK ENTERED as to Defendant Vulcan Materials Co. (mrgo, ) (Entered: 01/26/2005) | |||
| 2005-01-24 | 44 | 0 | JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 14 days. (mrgo, ) (Entered: 01/26/2005) | |||
| 2005-01-24 | 45 | 0 | PROOF OF SERVICE filed by plaintiff Eastern Municipal Water District re Declaration (non-motion) 33 , Declaration (non-motion) 42 , REQUEST for Clerk to Enter Default against defendant Palm Canyon Contractors Inc 35 , Declaration (non-motion) 36 , REQUEST for Clerk to Enter Default against defendant Olson Precast Company 29 , Declaration (non-motion) 30 , REQUEST for Clerk to Enter Default against defendant Landmark Site Contractors 38 , Declaration (non-motion) 39 , REQUEST for Clerk to Enter Default against defendant Penhall Company 32 , REQUEST for Clerk to Enter Default against defendant Vulcan Materials Co 41 , was served on 1/24/05. (mrgo, ) (Entered: 01/26/2005) | |||
| 2005-01-31 | 46 | 0 | DISCLAIMER filed defendant Employment Development Department of the State of California. (mrgo, ) (Entered: 02/01/2005) | |||
| 2005-01-31 | 47 | 0 | MINUTES OF Scheduling Conference held before Judge Virginia A. Phillips. The settlement conference shall be conducted no later than 5/31/05. The parties shall file a joint report regarding the progress of settlement no later than 10 business days after the mediation date. The deadline for initial disclosures is 2/28/05.Court Reporter: Phyllis Preston. (mrgo, ) (Entered: 02/02/2005) | |||
| 2005-01-31 | 48 | 0 | NOTICE AND REQUEST of Settlement Procedure Selection (Sp1) filed; parties request to Appear Before Magistrate Judge for settlement proceedings.(mrgo, ) (Entered: 02/02/2005) | |||
| 2005-01-31 | 49 | 0 | SCHEDULING ORDER by Judge Virginia A. Phillips : Discovery cut-off 8/31/2005. Motions due by 10/3/2005. Bench Trial set for 11/22/2005 09:00 AM before Honorable Virginia A. Phillips. Trial estimate 5 days.(mrgo, ) (Entered: 02/02/2005) | |||
| 2005-02-02 | 50 | 0 | DISCLAIMER filed by defendant Employment Development Department of the State of California. (mrgo, ) (Entered: 02/03/2005) | |||
| 2005-02-08 | 51 | 0 | MINUTES (IN CHAMBERS ORDER) by Judge Jeffrey W. Johnson: Is is Ordered that all parties shall appear for a Settlement Conference on 4/12/2005 at 10:00 AM before Magistrate Judge Jeffrey W. Johnson. Each party shall deliver to the courtesy box in front of the chambers of Magistrate Judge Jeffrey W Johnson aConfidential Settlement Conference Statement on or before 4/5/2005. Court Reporter: None Appearing. (mg, ) (Entered: 02/09/2005) | |||
| 2005-02-16 | 52 | 0 | MINUTES IN CHAMBERS: The settlement conference in the action is continued from 4/12/2005 to May 4, 2005 at 10:00am. Each side shall submit their respective confidential settlement statements on or before 4/27/2005 by Magistrate Judge Jeffrey W. Johnson Court Reporter: None Present. (pj, ) (Entered: 02/17/2005) | |||
| 2005-02-25 | 53 | 0 | MINUTES OF IN CHAMBERS ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Virginia A. Phillips : Plaintiff(s) is ordered to show cause in writing why this action should not be dismissed for lack of prosecution. Response to Order to Show Cause due by 3/11/2005.Court Reporter: None. (mrgo, ) (Entered: 03/01/2005) | |||
| 2005-02-28 | 54 | 0 | NOTICE of Change of Address by attorney Marsha B Kerr, Stephen M Spinella for Defendant Bank of America, changing address to 12651 High Bluff Drive, Suite 300, San Diego, CA 92130. Filed by defendant Bank of America. (mrgo, ) (Entered: 03/02/2005) | |||
| 2005-02-28 | 55 | 0 | PROOF OF SERVICE filed by defendant Bank of America re Notice of Change of Address 54 , was served on 2/25/05. (mrgo, ) (Entered: 03/02/2005) | |||
| 2005-03-01 | 56 | 0 | DISCLAIMER filed by defendant Union Bank of California. (mrgo, ) (Entered: 03/03/2005) | |||
| 2005-03-08 | 57 | 0 | NOTICE OF MOTION AND MOTION for Default Judgment against defendant Landmark Site Contractors filed by plaintiff Eastern Municipal Water District. Motion set for hearing on 4/4/2005 at 10:00 AM before Honorable Virginia A. Phillips. Lodged proposed judgment. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 58 | 0 | MEMORANDUM OF POINTS AND AUTHORITIES in Support of its MOTION for Default Judgment against defendant Landmark Site Contractors 57 filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 59 | 0 | DECLARATION of Scott R Heil in support of its MOTION for Default Judgment against defendant Landmark Site Contractors 57 filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 60 | 0 | NOTICE OF MOTION AND MOTION for Default Judgment against defendant Palm Canyon Contractors Inc filed by plaintiff Eastern Municipal Water District. Motion set for hearing on 4/4/2005 at 10:00 AM before Honorable Virginia A. Phillips. Lodged proposed judgment. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 61 | 0 | MEMORANDUM OF POINTS AND AUTHORITIES in Support of its MOTION for Default Judgment against defendant Palm Canyon Contractors Inc 60 filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 62 | 0 | DECLARATION of Scott R Heil in support of its MOTION for Default Judgment against defendant Palm Canyon Contractors Inc 60 filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 63 | 0 | NOTICE OF MOTION AND MOTION for Default Judgment against defendant Myers and Sons Hi Way Safety Inc filed by plaintiff Eastern Municipal Water District. Motion set for hearing on 4/4/2005 at 10:00 AM before Honorable Virginia A. Phillips. Lodged proposed judgment. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 64 | 0 | MEMORANDUM OF POINTS AND AUTHORITIES in Support of its MOTION for Default Judgment against defendant Myers and Sons Hi Way Safety Inc 63 filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 65 | 0 | DECLARATION of Scott R Heil in support of its MOTION for Default Judgment against defendant Myers and Sons Hi Way Safety Inc 63 filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 66 | 0 | NOTICE OF MOTION AND MOTION for Default Judgment against defendant Vulcan Materials Co filed by plaintiff Eastern Municipal Water District. Motion set for hearing on 4/4/2005 at 10:00 AM before Honorable Virginia A. Phillips. Lodged proposed judgment. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 67 | 0 | MEMORANDUM OF POINTS AND AUTHORITIES in Support of its MOTION for Default Judgment against defendant Vulcan Materials Co 66 filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 68 | 0 | DECLARATION of Scott R Heil in support of its MOTION for Default Judgment against defendant Vulcan Materials Co 66 filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 69 | 0 | NOTICE OF MOTION AND MOTION for Default Judgment against defendant Olson Precast Company filed by plaintiff Eastern Municipal Water District. Motion set for hearing on 4/4/2005 at 10:00 AM before Honorable Virginia A. Phillips. Lodged proposed judgment. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 70 | 0 | DECLARATION of Scott R Heil in support of its MOTION for Default Judgment against defendant Olson Precast Company 69 filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 71 | 0 | MEMORANDUM OF POINTS AND AUTHORITIES in Support of its MOTION for Default Judgment against defendant Olson Precast Company 69 filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 72 | 0 | NOTICE OF MOTION AND MOTION for Default Judgment against defendant Penhall Company filed by plaintiff Eastern Municipal Water District. Motion set for hearing on 4/4/2005 at 10:00 AM before Honorable Virginia A. Phillips. Lodged proposed judgment. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 73 | 0 | MEMORANDUM OF POINTS AND AUTHORITIES in Support of its MOTION for Default Judgment against defendant Penhall Company 72 filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 74 | 0 | DECLARATION of Scott R Heil in support of its MOTION for Default Judgment against defendant Penhall Company 72 filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 75 | 0 | NOTICE OF MOTION AND MOTION for Default Judgment against defendant Hi-Way Safety Rental Inc filed by plaintiff Eastern Municipal Water District. Motion set for hearing on 4/4/2005 at 10:00 AM before Honorable Virginia A. Phillips. Lodged proposed judgment. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 76 | 0 | MEMORANDUM OF POINTS AND AUTHORITIES in Support of its MOTION for Default Judgment against defendant Hi-Way Safety Rental Inc 75 filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-08 | 77 | 0 | DECLARATION of Scott R Heil in support of its MOTION for Default Judgment against defendant Hi-Way Safety Rental Inc 75 filed by plaintiff Eastern Municipal Water District. (mrgo, ) (Entered: 03/09/2005) | |||
| 2005-03-16 | 78 | 0 | NOTICE OF MOTION AND MOTION for Leave to File Cross-Claim filed by defendant Hartford Accident and Indemnity Company. Motion set for hearing on 4/11/2005 at 10:00 AM before Honorable Virginia A. Phillips. Lodged order. (mrgo, ) (Entered: 03/21/2005) | |||
| 2005-03-16 | 79 | 0 | DECLARATION of Jonathan J Dunn in support of its MOTION for Leave 78 filed by defendant Hartford Accident and Indemnity Company. (mrgo, ) (Entered: 03/21/2005) | |||
| 2005-03-16 | 80 | 0 | DECLARATION of Laurie Svitenko in support of its MOTION for Leave 78 filed by defendant Hartford Accident and Indemnity Company. (mrgo, ) (Entered: 03/21/2005) | |||
| 2005-03-28 | 81 | 0 | RESPONSE to defendant Hartford Accident and Indemnity Company's MOTION for Leave 78 filed by defendant Internal Revenue Service. (mrgo, ) (Entered: 03/29/2005) | |||
| 2005-03-29 | 82 | 0 | MINUTES OF IN CHAMBERS ORDER by Judge Virginia A. Phillips: MOTION for Default Judgment against defendant Vulcan Materials Co 66 against defendant Hi-Way Safety Rental Inc 75 , against defendant Landmark Site Contractors 57 , against defendant Olson Precast Company 69 , against defendant Myers and Sons Hi Way Safety Inc 63 , against defendant Penhall Company 72 , against defendant Palm Canyon Contractors Inc 60 is appropriate for resolution without hearing pursuant to Local Rule 7-15 and stands submitted on the papers timely filed. (am, ) (Entered: 03/30/2005) | |||
| 2005-04-05 | 83 | 0 | STIPULATION AND ORDER TO DISCHARGE PLAINTIFF EASTERN MUNICIPAL WATER DISTRICT IN INTERPLEADER ACTION by Judge Virginia A. Phillips :IT IS HEREBY ORDERED that plaintiff EMWD be discharged from any further liability to any party to this action, or to any individual or entity which may file a stop notice proceeding against plaintiff EMWD, with respect to and to the extent of the funds previously deposited with the clerk of the Superior Court of Riverside County California, on 8/26/04 and 8/30/04. IT IS FURTHER ORDERED tht all complaints and cross-complaints be dismissed as to plaintiff EMWD, with prejudice. (See document for further specifics)(mrgo, ) (Entered: 04/06/2005) | |||
| 2005-04-05 | 84 | 0 | MINUTES OF IN CHAMBERS ORDER by Judge Virginia A. Phillips : GRANTING plaintiff's MOTION for Default Judgment against defendant Vulcan Materials Co 66 , MOTION for Default Judgment against defendant Hi-Way Safety Rental Inc 75 , MOTION for Default Judgment against defendant Landmark Site Contractors 57 , MOTION for Default Judgment against defendant Olson Precast Company 69 , MOTION for Default Judgment against defendant Myers and Sons Hi Way Safety Inc 63 , MOTION for Default Judgment against defendant Penhall Company 72 , MOTION for Default Judgment against defendant Palm Canyon Contractors Inc 60 . Court Reporter: None. (mrgo, ) (Entered: 04/06/2005) | |||
| 2005-04-05 | 85 | 0 | DEFAULT JUDGMENT by Judge Virginia A. Phillips, in favor of plaintiff Eastern Municipal Water District and against defendant Vulcan Materials Co Related to: MOTION for Default Judgment against defendant Vulcan Materials Co 66 . IT IS HEREBY ORDERED that defendant Vulcan Materials Co shall not be entitled to any portion of the funds deposited in this action and that plaintiff Eastern Municipal Water District is discharged from any and all liability to defendant Vulcan Materials Co with respect to and to the extent of the funds deposited in this action.(mrgo, ) (Entered: 04/06/2005) | |||
| 2005-04-05 | 86 | 0 | DEFAULT JUDGMENT by Judge Virginia A. Phillips, in favor of plaintiff Eastern Municipal Water District and against defendant Palm Canyon Contractors Inc Related to: MOTION for Default Judgment against defendant Palm Canyon Contractors Inc 60 . IT IS HEREBY ORDERED that defendant Palm Canyon Contractors Inc shall not be entitled to any portion of the funds deposited in this action and that plaintiff Eastern Municipal Water District is discharged from any and all liability to defendant Palm Canyon Contractors Inc with respect to and to the extent of the funds deposited in this action.(mrgo, ) (Entered: 04/06/2005) | |||
| 2005-04-05 | 87 | 0 | DEFAULT JUDGMENT by Judge Virginia A. Phillips, in favor of plaintiff Eastern Municipal Water District and against defendant Hi-Way Safety Rentals Inc Related to: MOTION for Default Judgment against defendant Hi-Way Safety Rental Inc 75 . IT IS HEREBY ORDERED that defendant Hi-Way Safety Rental Inc shall not be entitled to any portion of the funds deposited in this action and that plaintiff Eastern Municipal Water District is discharged from any and all liability to defendant Hi-Way Safety Rental Inc with respect to and to the extent of the funds deposited in this action.(mrgo, ) (Entered: 04/06/2005) | |||
| 2005-04-05 | 88 | 0 | DEFAULT JUDGMENT by Judge Virginia A. Phillips, in favor of plaintiff Eastern Municipal Water District and against defendant Penhall Company Related to: MOTION for Default Judgment against defendant Penhall Company 72 . IT IS HEREBY ORDERED that defendant Penhall Company shall not be entitled to any portion of the funds deposited in this action and that plaintiff Eastern Municipal Water District is discharged from any and all liability to defendant Penhall Company with respect to and to the extent of the funds deposited in this action.(mrgo, ) (Entered: 04/06/2005) | |||
| 2005-04-05 | 89 | 0 | DEFAULT JUDGMENT by Judge Virginia A. Phillips, in favor of plaintiff Eastern Municipal Water District and against defendant Myers and Sons Hi Way Safety Inc Related to: MOTION for Default Judgment against defendant Myers and Sons Hi Way Safety Inc 63 . IT IS HEREBY ORDERED that defendant Myers and Sons Hi Way Safety Inc shall not be entitled to any portion of the funds deposited in this action and that plaintiff Eastern Municipal Water District is discharged from any and all liability to defendant Myers and Sons Hi Way Safety Inc with respect to and to the extent of the funds deposited in this action.(mrgo, ) (Entered: 04/06/2005) | |||
| 2005-04-05 | 90 | 0 | DEFAULT JUDGMENT by Judge Virginia A. Phillips, in favor of plaintiff Eastern Municipal Water District and against defendant Landmark Site Contractors Related to: MOTION for Default Judgment against defendant Landmark Site Contractors 57 . IT IS HEREBY ORDERED that defendant Landmark Site Contractors shall not be entitled to any portion of the funds deposited in this action and that plaintiff Eastern Municipal Water District is discharged from any and all liability to defendant Landmark Site Contractors with respect to and to the extent of the funds deposited in this action.(mrgo, ) (Entered: 04/06/2005) | |||
| 2005-04-05 | 91 | 0 | DEFAULT JUDGMENT by Judge Virginia A. Phillips, in favor of plaintiff Eastern Municipal Water District and against defendant Olson Precast Company Related to: MOTION for Default Judgment against defendant Olson Precast Company 69 . IT IS HEREBY ORDERED that defendant Olson Precast Company shall not be entitled to any portion of the funds deposited in this action and that plaintiff Eastern Municipal Water District is discharged from any and all liability to defendant Olson Precast Company with respect to and to the extent of the funds deposited in this action.(mrgo, ) (Entered: 04/06/2005) | |||
| 2005-04-06 | 92 | 0 | MINUTES OF IN CHAMBERS ORDER by Judge Virginia A. Phillips : Granting defendant Hartford Accident and Indemnity Co's MOTION for Leave 78 . Hartford is ordered to file its cross-claim no later than 4/11/05. (See document for specifics) Court Reporter: None. (mrgo, ) (Entered: 04/08/2005) | |||
| 2005-04-04 | 93 | 0 | REPLY to the IRS's opposition to Hartford's MOTION for Leave 78 filed by defendant Hartford Accident and Indemnity Company. (mrgo, ) (Entered: 04/11/2005) | |||
| 2005-04-04 | 94 | 0 | DECLARATION of Laurie Svitenko in support of defendant Hartford's reply to IRS's opposition to Hartford's MOTION for Leave 78 filed by defendant Hartford Accident and Indemnity Company. (mrgo, ) (Entered: 04/11/2005) | |||
| 2005-04-11 | 95 | 0 | CROSSCLAIM against cross defendants Internal Revenue The, United States of America Department of the Treasury, filed by cross-claimant Hartford Accident and Indemnity Company.(mrgo, ) (Entered: 04/13/2005) | |||
| 2005-04-13 | 96 | 0 | FIRST AMENDED CROSSCLAIM against cross-defendantsInternal Revenue Service The, United States of America Department of the Treasury amending Crossclaim 95 ,filed by cross-claimant Hartford Accident and Indemnity Company. (mrgo, ) (Entered: 04/14/2005) | |||
| 2005-04-25 | 97 | 0 | REQUEST for Leave of Hartfords representative to Appear telephonically at the mandatory settlement conference, filed by defendant Hartford Accident and Indemnity Company. Request set for hearing on 5/4/2005 at 10:00 AM before Honorable Virginia A. Phillips. Lodged proposed order. (mg, ) (Entered: 04/26/2005) | |||
| 2005-04-25 | 98 | 0 | DECLARATION of Jonathan J Dunn in support of defendant Harfords REQUEST for Leave of Hartfords representative to Appear for mandatory settlement conference 97 filed by defendant Hartford Accident and Indemnity Company (mg, ) (Entered: 04/26/2005) | |||
| 2005-04-28 | 99 | 0 | STIPULATION AND ORDER TO MOVE MANDATORY SETTLEMENT CONFERENCE by Judge Virginia A. Phillips : Settlement Conference set for 6/1/2005 10:00 AM before Honorable Virginia A. Phillips.(mrgo, ) (Entered: 04/29/2005) | |||
| 2005-04-26 | 100 | 0 | ORDER by Judge Jeffrey W. Johnson denying REQUEST for Leave of Hartfords representative to Appear for mandatory settlement conference 97 (mg, ) (Entered: 05/02/2005) | |||
| 2005-05-04 | 101 | 0 | PROOF OF SERVICE filed by defendant Hartford Accident and Indemnity Company. re Stipulation and Order, Set Deadlines/Hearings 99 , was served on 5/2/05. (mrgo, ) (Entered: 05/05/2005) | |||
| 2005-06-01 | 102 | 0 | MINUTES OF Settlement Conference held before Judge Jeffrey W. Johnson :, Set Hearings: Telephone Conference set for 6/10/2005 03:00 PM before Magistrate Judge Jeffrey W. Johnson.Tape #: 05-20 (0-248). (ac, ) (Entered: 06/01/2005) | |||
| 2005-06-10 | 103 | 0 | MINUTES OF Telephone Status Conference - Off the Record - (In Chambers) before Judge Virginia A. Phillips : Due to technical difficulties, the Court confers with the parties off the record regarding the status of the settlement negotiations in this action. The Court re-sets this matter for a telephonic hearing on 6/23/05, at 10:00 am. Court Reporter: Not present. (bg, ) (Entered: 06/14/2005) | |||
| 2005-06-16 | 104 | 0 | ANSWER to Crossclaim 95 filed by defendant Internal Revenue Service.(mrgo, ) (Entered: 06/17/2005) | |||
| 2005-06-21 | 105 | 0 | STIPULATION AND ORDER by Judge Jeffrey W. Johnson continuing Status Conference to 7/14/2005 at 10:00 AM before Magistrate Judge Jeffrey W. Johnson. (mg, ) (Entered: 06/22/2005) | |||
| 2005-07-14 | 106 | 0 | MINUTES OF Telephone Conference held before Judge Jeffrey W. Johnson. Parties informed court case had settled. Stipulation and order for judgment will be filed by August 1, 2005. (dp, ) (Entered: 07/14/2005) | |||
| 2005-07-27 | 107 | 0 | STIPULATION AND ORDER RE DISBURSEMENT OF FUNDS by Judge Virginia A. Phillips : The parties do hereby agree and stipulate that the interpleaded funds of $285,769.63 will be distributed as follows: (see document for specifcs). The interpleaded funds are being held by the Superior Court of California, County of Riverside, Case No. RIC417395. By this stipulation and order, the parties to this action and the US District Court hereby direct the clerk of the Superior Court to disburse the funds stated herein. After said funds have been distributed by the Court and by Union Bank pursuant to the above stipulation, the parties further agree that this action may be dismissed in its entirety. The Court shall retain jurisdiction for 60 days to enforce the terms of the settlement. (Made JS-6. Case Terminated.)(mrgo, ) Modified on 7/28/2005 (mrgo, ). (Entered: 07/28/2005) | |||
| 2005-08-10 | 108 | 0 | Receipt acknowledged of order re: disbursement of funds on deposit by Riverside County Superior Court on 8/9/05. (mrgo, ) (Entered: 08/11/2005) | |||
| 2006-02-22 | 109 | 0 | STIPULATION TO REOPEN CASE FOR LIMITED PURPOSE OF ORDER REGARDING DISTRIBUTION OF EXCESS FUNDS AND ORDER by Judge Virginia A. Phillips : IT IS ORDERED that the excess funds paid to the Internal Revenue Service, in the amount of $1,757.77, which is an overpayment of the amount of taxes owed to the IRS by taxpayer Kenko, Inc., shall be distributed to the claimants/parties in this action as follows: (See document for specifics)(mrgo, ) (Entered: 02/24/2006) | |||
| 2006-03-27 | 110 | 0 | PROOF OF SERVICE filed by defendant Hartford Accident and Indemnity Company, re Stipulation and Order, 109 , was served on 3/24/06. (mrgo, ) (Entered: 04/04/2006) |