Case details

Court: nvd
Docket #: 2:16-cv-00910
Case Name: Count's Kustoms, LLC et al v. Frontiera et al
PACER case #: 114656
Date filed: 2016-04-21
Date of last filing: 2016-05-10
Assigned to: Judge Jennifer A. Dorsey
Referred to: Magistrate Judge George Foley, Jr
Case Cause: 28:1441 Petition For Removal--Other Contract
Nature of Suit: 190 Contract: Other
Jury Demand: None
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Count's Kustoms, LLC
Counter Defendant
Steven J Mack
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Frontiera
Cross Defendant
Theresa Lillian Mains
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Randstad Professionals US, LP
Cross Defendant
doing business asRandstad Professionals
Amy A. Abeloff
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric R. McDonough
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael C. Mills
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Randstad Professionals US, LP
Counter Claimant
Amy A. Abeloff
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric R. McDonough
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael C. Mills
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Count's Kustoms, LLC
Counter Defendant
Randstad Professionals US, LP
Cross Claimant
Amy A. Abeloff
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric R. McDonough
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael C. Mills
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Frontiera
Cross Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2016-04-22 1 0 ERROR: Wrong event by attorney. CORRECTION: Attorney Michael Mills advised to Refile using the Notice of Removal event. Document 1 terminated by court. STATEMENT RE: REMOVAL filed by Defendant Randstad Professionals. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mills, Michael) (Entered: 04/22/2016)
2016-04-22 2 0 CIVIL COVER SHEET re 1 Statement in Removal Case, filed by Randstad Professionals. Related document: 1 Statement in Removal Case filed by Randstad Professionals. (Mills, Michael) (Entered: 04/22/2016) 2016-04-23 00:01:09 620213f9318715bbc4d59fd3a4053b1745ed3719
2016-04-22 3 0 NOTICE: Attorney Action Required to 1 Statement in Removal Case. ERROR: Wrong event by attorney. CORRECTION: Attorney Michael Mills advised to Refile using the "Petition for Removal" event found under the "Complaints, Other Initiating Documents" category. (no image attached)(DKJ) (Entered: 04/22/2016)
2016-04-22 4 0 PETITION FOR REMOVAL from District Court, Clark County, Case Number A-16-733821-B, (Filing fee $ 400 receipt number 0978-4089587), filed by Randstad Professionals. Certificate of Interested Parties due by 5/2/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B, COUNTERCLAIM # 3 Civil Cover Sheet) (Mills, Michael) Modified on 5/4/2016 to reflect counterclaim is located in exhibit B (DKJ). (Entered: 04/22/2016)
4 1 Exhibit Exhibit A
4 2 Exhibit Exhibit B
4 3 Civil Cover Sheet Civil Cover Sheet
2016-04-22 5 0 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take three (3) days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (NEV) (Entered: 04/22/2016)
2016-04-22 6 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey, on 4/22/2016. Statement regarding removed action is due by 5/10/2016. Joint Status Report regarding removed action is due by 5/25/2016. (Copies have been distributed pursuant to the NEF - NEV) (Entered: 04/22/2016) 2016-04-22 23:55:44 490d19fbf4132385b82541afbf2f9d9a6853137d
2016-04-22 7 0 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel Eric R. McDonough, Amy A. Abeloff to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov/Forms.aspx. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s). Verified Petition due by 6/6/2016. (no image attached) (NEV) (Entered: 04/22/2016)
2016-04-27 8 0 NOTICE of Appearance by attorney Theresa Lillian Mains on behalf of Cross Defendant Joseph Frontiera, Defendant Joseph Frontiera. (Mains, Theresa) (Entered: 04/27/2016)
2016-04-28 9 0 ERROR: Wrong event selected by attorney Michael Mills. CORRECTION: Attorney Michael C. Mills advised to refile using the correct event. Document terminated by court. NOTICE Amended Notice of Removal by Randstad Professionals US, LP re 4 Petition for Removal,. (Mills, Michael) (Entered: 04/28/2016)
2016-04-28 10 0 NOTICE: Attorney Action Required to 9 Notice (Other). ERROR: Wrong event selected by attorney Michael Mills. CORRECTION: Attorney Michael C. Mills advised to refile using the correct event located under the "Initial Pleadings And Service" category, then choose "Complaints, Other Initiating Documents", then choose, "Amended Petition for Removal". (no image attached)(DKJ) (Entered: 04/28/2016)
2016-04-28 11 0 AMENDED PETITION FOR REMOVAL from Clark County District Court, Case Number A-16-733821-C, With Counterclaim filed by Randstad Professionals US, LP. No changes to parties. (Mills, Michael) Modified on 5/4/2016 to reflect counterclaim is in amended petition for removal (DKJ). (Entered: 04/28/2016) 2016-05-25 16:59:54 ad98657e5e53b2a2d3446f62050a6cce5a932ca4
2016-05-02 12 0 CERTIFICATE of Interested Parties filed by Randstad Professionals US, LP. There are no known interested parties other than those participating in the case . (Mills, Michael) (Entered: 05/02/2016) 2016-05-25 17:08:41 5f25bd1faf90c61d1fdcbec9e5622d060b30fb59
2016-05-02 13 0 CERTIFICATE of Interested Parties filed by Count's Kustoms, LLC. There are no known interested parties other than those participating in the case . (Mack, Steven) (Entered: 05/02/2016)
2016-05-02 14 0 NOTICE Seven (7) Day Notice of Intent to Take Default against Defendant Joseph Frontiera by Count's Kustoms, LLC. (Mack, Steven) (Entered: 05/02/2016)
2016-05-03 15 0 MOTION to Strike Counterclaim, or in the alternative, Motion to Dismiss re 4 Petition for Removal, Exhibit B, 11 Amended Petition for Removal re Counterclaim by Counter Defendant Count's Kustoms, LLC, Plaintiff Count's Kustoms, LLC. Responses due by 5/20/2016. (Mack, Steven) Modified on 5/4/2016 to add docket entry relationship (DKJ). (Entered: 05/03/2016)
2016-05-04 16 0 FIRST STIPULATION FOR EXTENSION OF TIME re Complaint contained in 4 Petition for Removal; filed by Defendant Joseph Frontiera. (Mains, Theresa) (Entered: 05/04/2016)
2016-05-05 17 0 ORDER ON STIPULATION Granting 16 FIRST STIPULATION FOR EXTENSION OF TIME re Complaint contained in 4 Petition for Removal. Joseph Frontiera answer due 5/9/2016. Signed by Magistrate Judge George Foley, Jr on 5/5/2016. (Copies have been distributed pursuant to the NEF - SLD) (Entered: 05/05/2016)
2016-05-10 18 0 MOTION to Dismiss by Defendant Joseph Frontiera. Responses due by 5/27/2016. (Mains, Theresa) (Entered: 05/10/2016)
2016-05-10 19 0 STATEMENT RE: REMOVAL filed by Cross Claimant Randstad Professionals US, LP, Defendant Randstad Professionals US, LP, Counter Claimant Randstad Professionals US, LP. (Mills, Michael) (Entered: 05/10/2016)
2016-05-10 20 0 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Amy Ann Abeloff and DESIGNATION of Local Counsel Michael C. Mills (Filing fee $ 250 receipt number 0978-4113485) by Cross Claimant Randstad Professionals US, LP, Defendant Randstad Professionals US, LP, Counter Claimant Randstad Professionals US, LP. (Mills, Michael) Corrected image 23 attached on 5/11/2016 (DKJ). (Entered: 05/10/2016)
2016-05-10 21 0 NOTICE of Hearing on 15 Plaintiff/Counterdefendant's Motion to Strike Counterclaim, or in the alternative, Motion to Dismiss; 18 Defendant/Cross Defendant Frontiera's Motion to Dismiss Complaint Pursuant to Fed. R. Civ. P. 9(b)and 12(b)(6): IT IS ORDERED a Motion Hearing is set for 7/11/2016 at 01:30 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. (no image attached)(DMS) (Entered: 05/10/2016)
2016-05-10 22 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey, on 5/10/2016. By Judicial Assistant: Cathy Stuchell. RE: 20 Verified Petition for Permission to Practice Pro Hac Vice does not comply with LR 1A10-2(a). Case caption is missing from Petition; party's signature is missing from Petition; and Certificate of Good Standing is missing from Petition. Local counsel is advised to correct and refile Petition with the Court under event "Notice of Corrected Image" and link to 20 . Counsel has until May 24, 2016 to remedy the deficiencies. Failure to comply will result in denial of the Petition 20 . (no image attached) (Copies have been distributed pursuant to the NEF - CS) (Entered: 05/10/2016)
2016-05-11 23 0 NOTICE of Corrected Image/Document re 20 Verified Petition for Permission to Practice Pro Hac Vice, by Cross Claimant Randstad Professionals US, LP, Defendant Randstad Professionals US, LP, Counter Claimant Randstad Professionals US, LP. (Service of corrected image is attached). (Mills, Michael) (Entered: 05/11/2016)
2016-05-12 24 0 ORDER Granting 20 Verified Petition for Permission to Practice Pro Hac Vice of Amy Ann Abeloff and approving Designation of Local Counsel Michael Mills. Signed by Judge Jennifer A. Dorsey on 5/12/16. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - TR) (Entered: 05/12/2016)
2016-05-13 25 0 MOTION to Strike 18 Motion to Dismiss as Untimely by Counter Defendant Count's Kustoms, LLC, Plaintiff Count's Kustoms, LLC. Responses due by 5/30/2016. (Mack, Steven) (Entered: 05/13/2016) 2016-05-13 16:55:39 2f23e11e221485021fface1211f9dbc198a6a708
2016-05-17 26 0 RESPONSE to 18 Motion to Dismiss, filed by Counter Defendant Count's Kustoms, LLC, Plaintiff Count's Kustoms, LLC. Replies due by 5/27/2016. (Mack, Steven) (Entered: 05/17/2016) 2016-05-25 15:06:00 a8e864944509c544e8ca307861b5c1b932031f3c
2016-05-19 27 0 RESPONSE to 15 Motion to Strike,, filed by Cross Claimant Randstad Professionals US, LP, Defendant Randstad Professionals US, LP, Counter Claimant Randstad Professionals US, LP. Replies due by 5/29/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Mills, Michael) (Entered: 05/19/2016)
2016-05-25 28 0 Joint STATUS REPORT by Counter Defendant Count's Kustoms, LLC, Plaintiff Count's Kustoms, LLC. (Mack, Steven) (Entered: 05/25/2016) 2016-05-25 15:08:39 d361a9f73a88c2cd33006d20b6fb2fcafa9e58dc
2016-05-25 29 0 REPLY to Response to 15 Motion to Strike, filed by Counter Defendant Count's Kustoms, LLC, Plaintiff Count's Kustoms, LLC. (Mack, Steven) (Entered: 05/25/2016) 2016-05-25 15:11:47 a672e564b2d84ba6577f51a9874bb97cb9291ed5
2016-05-25 30 0 ANSWER to Complaint re 11 Amended Petition for Removal, Randstad Cross Claim against Frontiera filed by Joseph Frontiera. Discovery Plan/Scheduling Order due by 7/9/2016.(Mains, Theresa) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 05/25/2016)
2016-05-25 31 0 CERTIFICATE of Interested Parties filed by Joseph Frontiera. There are no known interested parties other than those participating in the case . (Mains, Theresa) (Entered: 05/25/2016)
2016-05-27 32 0 REPLY to Response to 18 Motion to Dismiss filed by Cross Defendant Joseph Frontiera, Defendant Joseph Frontiera. (Mains, Theresa) (Entered: 05/27/2016)
2016-05-30 33 0 RESPONSE to 25 Motion to Strike, filed by Cross Defendant Joseph Frontiera, Defendant Joseph Frontiera. Replies due by 6/9/2016. (Attachments: # 1 Declaration Theresa Mains and Exhibits)(Mains, Theresa) (Entered: 05/30/2016)
2016-06-06 34 0 REPLY to Response to 25 Motion to Strike filed by Counter Defendant Count's Kustoms, LLC, Plaintiff Count's Kustoms, LLC. (Mack, Steven) (Entered: 06/06/2016)
2016-06-06 35 0 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Eric R. McDonough and DESIGNATION of Local Counsel Michael C. Mills (Filing fee $ 250 receipt number 0978-4148484) by Cross Claimant Randstad Professionals US, LP, Defendant Randstad Professionals US, LP, Counter Claimant Randstad Professionals US, LP. (Mills, Michael) (Entered: 06/06/2016)
2016-06-13 36 0 ORDER Granting 35 Verified Petition for Permission to Practice Pro Hac Vice Attorney Eric R. McDonough and approving Designation of Local Counsel Michael C. Mills. Signed by Judge Jennifer A. Dorsey on 06/13/2016. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - NEV) (Entered: 06/14/2016)
2016-06-18 37 0 MOTION for Leave to File filed by Cross Defendant Joseph Frontiera, Defendant Joseph Frontiera re 16 Stipulation, 18 Motion to Dismiss. (Attachments: # 1 Declaration In Support of Motion for Leave)(Mains, Theresa) Modified event on 6/20/2016 (DKJ). (Entered: 06/18/2016)
2016-06-21 38 0 ORDER Denying Plaintiff's 25 Motion to Strike Motion to Dismiss As Untimely. Defendant Frontiera's 37 Motion for Leave for this Court to Accept Late Filing of Motion to Dismiss is Granted. Frontiera's 18 Motion to Dismiss will be considered as a timely motion. Signed by Judge Jennifer A. Dorsey on 6/20/2016. (Copies have been distributed pursuant to the NEF - DL) (Entered: 06/21/2016)
2016-06-22 39 0 PROPOSED Discovery Plan/Scheduling Order filed by Cross Claimant Randstad Professionals US, LP, Defendant Randstad Professionals US, LP, Counter Claimant Randstad Professionals US, LP . (Mills, Michael) (Entered: 06/22/2016)
2016-06-23 40 0 SCHEDULING ORDER Granting 39 Proposed Discovery Plan/Scheduling Order. Discovery due by 11/21/2016. Motions due by 12/21/2016. Proposed Joint Pretrial Order due by 1/20/2017. Signed by Magistrate Judge George Foley, Jr. on 06/23/2016. (Copies have been distributed pursuant to the NEF - NEV) (Entered: 06/23/2016) 2016-11-07 05:59:59 10672b0623a799722cbd96d72d993c42a09d7c6d
2016-06-23 41 0 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take three (3) days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (NEV) (Entered: 06/23/2016)
2016-07-11 42 0 MINUTES OF PROCEEDINGS - Motion Hearing held on 7/11/2016 before Judge Jennifer A. Dorsey. Crtrm Administrator: D. Sherwood; Pla Counsel: Steven Mack; Def Counsel: Michael Mills, Theresa Mains; Present Telephonically-Amy Abeloff; Court Reporter/FTR #: Alana Kamaka; Time of Hearing: 1:30 p.m.-2:10 p.m.; Courtroom: 6D; The Court, having heard the arguments of Mr. Mack, Ms. Abeloff and Ms. Mains, places findings on the record and rules as follows: IT IS ORDERED 15 Plaintiff/Counterdefendant's Motion to Strike Counterclaim, or in the alternative, Motion to Dismiss is GRANTED with leave to Defendant Randstad to amend the answer and crossclaim by 7/21/2016 in the format proposed at document #27-2. 18 Defendant/Cross Defendant Frontiera's Motion to Dismiss Complaint is GRANTED as to the seventh claim for relief and DENIED in all other respects. The minutes and transcript of this proceeding will serve as the Court's formal Order. (Copies have been distributed pursuant to the NEF - DMS) (Entered: 07/11/2016)
2016-07-14 43 0 ANSWER to Complaint re 11 Amended Petition for Removal, CROSSCLAIM against Randstad Professionals US, LP filed by Randstad Professionals US, LP.(Mills, Michael) (Entered: 07/14/2016) 2016-07-22 01:30:32 b905850560a3958f49e65961c5b76b8b3775341f
2016-07-22 44 0 ANSWER to Complaint re 4 Petition for Removal, filed by Joseph Frontiera.(Mains, Theresa) (Entered: 07/22/2016)
2016-07-22 45 0 Joint MOTION for Settlement Conference to schedule pre-discovery settlement conference by Cross Defendant Randstad Professionals US, LP, Defendant Randstad Professionals US, LP, Cross Claimants Randstad Professionals US, LP, Randstad Professionals US, LP. (Mills, Michael) (Entered: 07/22/2016)
2016-07-25 46 0 ORDER Scheduling Settlement Conference: Settlement Conference set for 9/9/2016 at 9:00 AM in LV Chambers, Suite 3099, before Magistrate Judge George Foley Jr. Signed by Magistrate Judge George Foley, Jr. on 07/25/2016. (Copies have been distributed pursuant to the NEF - NEV) (Entered: 07/25/2016)
2016-07-25 47 0 STIPULATION to Continue re 46 Order - Scheduling Settlement Conference; filed by Cross Defendant Joseph Frontiera, Defendant Joseph Frontiera. (Mains, Theresa) (Entered: 07/25/2016)
2016-07-26 48 0 ORDER Rescheduling Settlement Conference: Settlement Conference set for 9/7/2016 09:00 AM in LV Chambers before Magistrate Judge George Foley Jr.. Signed by Magistrate Judge George Foley, Jr on 7/26/2016. (Copies have been distributed pursuant to the NEF - DL) (Entered: 07/26/2016)
2016-08-31 49 0 First EX PARTE MOTION For Leave of Court for Exception to Appear at Settlement Conference Via Telephone by Cross Defendant Joseph Frontiera, Defendant Joseph Frontiera. (Mains, Theresa) (Entered: 08/31/2016)
2016-09-01 50 0 STIPULATION re 49 Ex Parte Motion, 48 Order Scheduling Settlement Conference, ; by Cross Defendant Joseph Frontiera, Defendant Joseph Frontiera. (Mains, Theresa) (Entered: 09/01/2016)
2016-09-02 51 0 ORDER Granting 50 STIPULATION To Continue Scheduled Conference. Defendant/Cross Claimant Frontiera to appear telephonically. Settlement conference to remain calendared as scheduled and to be held on 9/7/2016 at 9:00 a.m. Signed by Magistrate Judge George Foley, Jr on 9/2/2016. (Copies have been distributed pursuant to the NEF - DL) (Entered: 09/02/2016)
2016-09-07 52 0 MINUTES OF PROCEEDINGS - Settlement Conference held on 9/7/2016 before Magistrate Judge George Foley, Jr. Crtrm Administrator: Ivy Hensel; Pla Counsel: Steven Mack, Esq.; Def Counsel: Michael Mills, Esq., Eric McDonough, Esq., Theresa Mains, Esq.; Time of Hearing: 9:00 am.The Court heard presentations from counsel and from each of the parties present. A settlement was reached between Plaintiff and Defendant Randstad Professionals US, LP. A Telephonic Status Conference is set for October 11, 2016 at 4:00 PM in LV Chambers before Magistrate Judge George Foley, Jr. Plaintiff's counsel is to initiate the telephone conference to chambers. The status hearing will be vacated if counsel informs the Court that it is unnecessary.No settlement was reached between Plaintiff and Defendant Joseph Frontiera. This case should be returned to the normal litigation track. See attached Minutes. (Copies have been distributed pursuant to the NEF - IH) (Entered: 09/07/2016)
2016-10-11 53 0 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr. on 10/11/2016. By Deputy Clerk: Ivy Hensel. Due to counsel's representation regarding settlement, the telephonic status conference set for October 11, 2016 at 4:00 pm is hereby VACATED. (no image attached) (Copies have been distributed pursuant to the NEF - IH) (Entered: 10/11/2016)