Indian Hills Holdings, LLC v. Frye et al

California Southern District Court
Judge:	Allison H Goddard
Referred:	Allison H Goddard
Case #:	3:20-cv-00461
Nature of Suit	190 Contract - Other Contract
Cause	28:1331bc Fed. Question: Breach of Contract

Case Filed:	Mar 11, 2020
Terminated:	Apr 25, 2022

Last checked: Monday Sep 07, 2020 1:47 AM PDT

Defendant Construction & Design Professionals, Corp.
Defendant Does 1-10
Defendant Christopher Frye
Plaintiff Indian Hills Holdings, LLC	Represented By Dan Heilbrun The Law Office Of Daniel P. Heilbrun contact info

	GPO Nov 18 2020 ORDER Denying 5 Motion for Service by Publication. The Court DENIES Plaintiffs Motion without prejudice and GRANTS Plaintiff a final ninety-day (90) day extension of time to effectuate service and/or re-file a Motion with a further showing of reasonable diligence. Signed by Judge Roger T. Benitez on 11/18/2020. (mme)
	GPO Mar 25 2021 ORDER Granting 7 Motion to Serve the Summons and Complaint as to Construction & Design Professionals, Corp. on the Secretary of State. Plaintiff may affect service or process on Defendant CDP by serving two copies of the summons and complaint on the Arizona Corporation Commission. All doe defendants are dismissed from this case without prejudice. Signed by Judge Roger T. Benitez on 3/25/2021. (mme)
	GPO Nov 17 2021 ORDER granting 15 Motion for Default Judgment as to Defendant Construction & Design Professionals Corp. Signed by Judge Roger T. Benitez on 11/17/2021. (All non-registered users served via U.S. Mail Service)(jpp)
	GPO Dec 17 2021 ORDER granting in part Defendant Christopher Frye's Motion to Dismiss (ECF Nos. 19, 23, 24). Signed by Judge Roger T. Benitez on 12/15/2021. (All non-registered users served via U.S. Mail Service)(jpp)
	GPO Apr 25 2022 ORDER Granting Joint Motion to Dismiss [ECF No. 43]. Signed by Magistrate Judge Allison H. Goddard on 4/25/2022. (All non-registered users served via U.S. Mail Service)(axc)

Docket last updated: 1 hours ago

Wednesday, March 29, 2023
47		47 minutes Status Conference Wed 03/29 10:13 AM Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Status Conference, regarding the status of ICT litigation, held on 3/29/2023. Mr. Heilbrun will send a copy of the settlement agreement to Mr. Frye. The parties must meet and confer before contacting the Court again. (Plaintiff Attorney Dan Heilbrun). (Defendant Christopher Frye, proceeding pro se ). (All non-registered users served via email)(no document attached) (hmw) Related: [-]
Monday, March 27, 2023
46		46 2 pgs order Order ~Util - Set Deadlines/Hearings Mon 03/27 4:37 PM ORDER Setting Status Conference. Status videoconference set for 3/29/2023 at 9:30 AM PT before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 3/27/2023.(All non-registered users served via email)(hmw) Related: [-]
Monday, May 02, 2022
45		45 misc Mail Returned Mon 05/02 9:25 AM Mail Returned as Undeliverable re44 Order on Motion to Dismiss. Mail sent to Christopher Frye. (bta) Related: [-]
Monday, April 25, 2022
44		44 2 pgs order Order on Motion to Dismiss Mon 04/25 11:51 AM ORDER Granting Joint Motion to Dismiss [ECF No.43 ]. Signed by Magistrate Judge Allison H. Goddard on 4/25/2022. (All non-registered users served via U.S. Mail Service)(axc) Related: [-]
43		43 motion Dismiss Mon 04/25 10:12 AM Joint MOTION to Dismiss by Indian Hills Holdings, LLC. (Heilbrun, Dan) Related: [-]
Tuesday, April 19, 2022
		order Order Tue 04/19 1:21 PM MINUTE ORDER. The Order to Show Cause Hearing set for 4/25/2022 at 1:15 PM in Courtroom 3B will instead be held in Courtroom 5D on the same date/time. Courtroom 5D is located in the Edward J. Schwartz United States Courthouse, 221 West Broadway, San Diego, California 92101. Signed by Magistrate Judge Allison H. Goddard on 4/19/2022. (All non-registered users served via U.S. Mail Service, email, and phone. See ECF No. 41 n.2 ("Should the courtroom number change, the Court will alert Mr. Frye via email and phone")). (no document attached) (hmw) Related: [-]
Wednesday, March 30, 2022
41		41 2 pgs order Order to Show Cause Thu 03/31 11:04 AM ORDER TO SHOW CAUSE. Defendant Christopher Frye is ORDERED to appear in person on 4/25/2022 at 01:15 PM in Courtroom 3B before Magistrate Judge Allison H. Goddard, to SHOW CAUSE why the Court should not impose sanctions against him under FED. R. CIV. P. 16(f) for failing to appear for the SDC, in violation of the Courts Order scheduling the conference. Signed by Magistrate Judge Allison H. Goddard on 3/30/22.(All non-registered users (Frye) served via U.S. Mail Service with order on this date)(jmo) Related: [-]
Monday, March 28, 2022
		minutes Settlement Disposition Conference Mon 03/28 4:43 PM Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Telephonic Settlement Disposition Conference held on 3/28/2022. Defendant Christopher Frye failed to appear. (Plaintiff Attorney Dan Heilbrun). (All non-registered users served via email)(no document attached) (hmw) Related: [-]
Tuesday, March 15, 2022
39		39 misc Notice Consent and Reference of a Civil Action to a Magistrate Judge Wed 03/16 8:33 AM Notice, Consent and Reference of a Civil Action to a Magistrate Judge. Case reassigned to Magistrate Judge Allison H. Goddard. The new case number is 20-cv-00461-AHG. Signed by Judge Janis L. Sammartino on 3/15/2022. (All non-registered users served via U.S. Mail Service) (tcf) Related: [-]
38		38 1 pgs order Order Scheduling Settlement Disposition Conference Tue 03/15 2:05 PM ORDER Scheduling Third Settlement Disposition Conference ("SDC"). Telephonic SDC set for 3/28/2022 at 2:00 PM before Magistrate Judge Allison H. Goddard. If the parties timely file a Joint Motion for Dismissal, the SDC will be vacated without further court order. Signed by Magistrate Judge Allison H. Goddard on 3/15/2022.(All non-registered users served via email)(hmw) Related: [-]
		minutes Settlement Disposition Conference Tue 03/15 1:16 PM Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Telephonic Settlement Disposition Conference held on 3/15/2022. (Plaintiff Attorney Daniel P. Heilbrun). (Defendant Christopher Frye, proceeding pro se ). (All non-registered users served via email)(no document attached) (hmw) Related: [-]
Monday, March 14, 2022
36		36 misc Mail Returned Mon 03/14 9:06 AM Mail Returned as Undeliverable re35 Order Scheduling Settlement Disposition Conference. Mail sent to Christopher Frye. (bta) Related: [-]
Monday, February 28, 2022
35		35 1 pgs order Order Scheduling Settlement Disposition Conference Mon 02/28 12:09 PM Order Setting Second Settlement Disposition Conference. The second Settlement Disposition Conference is set for 3/15/2022 11:00 AM PT before Magistrate Judge Allison H. Goddard. If the parties timely file a Joint Motion for Dismissal, the SDC will be vacated without further court order. Signed by Magistrate Judge Allison H. Goddard on 2/28/2022. (All non-registered users served via U.S. Mail Service) (tcf) Related: [-]
		minutes Settlement Disposition Conference Mon 02/28 10:52 AM Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Settlement Disposition Conference held on 2/28/2022. (Plaintiff Attorney Daniel P. Heilbrun). (Defendant Christopher Frye, proceeding pro se ). (All non-registered users served via email)(no document attached) (hmw) Related: [-]
Tuesday, January 11, 2022
33		33 1 pgs order Order Scheduling Settlement Disposition Conference Tue 01/11 3:42 PM ORDER Scheduling Settlement Disposition Conference ("SDC"). Telephonic SDC set for 2/28/2022 at 10:00 AM PT before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 1/11/2022. (All non-registered users served via U.S. Mail Service and email)(hmw) Related: [-]
Monday, January 10, 2022
		order Order of Judge Transfer Mon 01/10 1:39 PM MINUTE ORDER OF RECUSAL. Judge Roger T. Benitez is no longer assigned. Case reassigned to Judge Janis L. Sammartino for all further proceedings. The new case number is 20CV0461-JLS-AHG.(All non-registered users served via U.S. Mail Service)(no document attached) (sjt) Related: [-]
		minutes Early Neutral Evaluation Conference Mon 01/10 3:57 PM Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Second Early Neutral Evaluation Conference held on 1/10/2022. The case settled. The settlement terms were confirmed on the record. The Court will send follow-up information regarding next steps to the parties via email. (ECR: settlement terms recorded on the Court's Videoconference Software. 12:00-12:13). (Plaintiff Attorney Daniel P. Heilbrun). (Plaintiff representative Armand Nannicola). (Defendant Christopher Frye, proceeding pro se ).(All non-registered users served via email)(no document attached) (hmw) Related: [-]
Friday, January 07, 2022
		minutes Early Neutral Evaluation Conference ~Util - Terminate Deadlines and Hearings ~Util - Set Deadlines/Hearings Fri 01/07 4:42 PM Minute Entry and ORDER for proceedings held before Magistrate Judge Allison H. Goddard: Early Neutral Evaluation Conference ("ENE") held on 1/7/2022. The case did not settle, but the Court is continuing to facilitate settlement discussions by holding a Second ENE. As such, the Case Management Conference was not held, and will be reset if needed. Second ENE Videoconference SET for 1/10/2022 at 11:00 AM PT before Magistrate Judge Allison H. Goddard. The Court will email the updated Zoom Invitation to all participants, and the same attendees (Plaintiff's representative, Plaintiff's counsel, and Defendant) shall attend the second ENE videoconference. (Plaintiff Attorney Daniel P. Heilbrun).(Defendant Christopher Frye, proceeding pro se ). (All non-registered users served via email)(no document attached) (hmw) Related: [-]
Monday, December 27, 2021
29		29 cmp Amended Complaint Mon 12/27 1:40 PM AMENDED COMPLAINT with Jury Demand against Christopher Frye, filed by Indian Hills Holdings, LLC. (Heilbrun, Dan) (jpp) Related: [-]
		Att: 1 Proof of Service
Friday, December 17, 2021
28		28 misc Report of Rule 26(f) Planning Meeting Fri 12/17 4:27 PM REPORT of Rule 26(f) Planning Meeting.(Heilbrun, Dan) Related: [-]
		Att: 1 Proof of Service Joint Case Management Statement
27		27 27 pgs order Order on Motion to Dismiss Fri 12/17 11:57 AM ORDER granting in part Defendant Christopher Frye's Motion to Dismiss (ECF Nos.19 ,23 , 24 ). Signed by Judge Roger T. Benitez on 12/15/2021. (All non-registered users served via U.S. Mail Service)(jpp) Related: [-]
Wednesday, November 17, 2021
26		26 order Judgment - Default Wed 11/17 3:47 PM DEFAULT JUDGMENT - Judgment is entered in favor of Plaintiff Indian Hills Holdings, LLC and against Defendant Construction & Design Professionals Corp., an Arizona corporation ("CDP") as to Plaintiff's claims forrelief for breach of contract and unjust enrichment in the following amounts. Compensatory Damages: $47,000.00. Attorney's Fees: $8,070.00. Costs: $2,646.05. Subtotal: $57,716.05. (All non-registered users served via U.S. Mail Service)(jpp) Related: [-]
25		25 29 pgs order Order on Motion for Default Judgment Wed 11/17 3:38 PM ORDER granting15 Motion for Default Judgment as to Defendant Construction & Design Professionals Corp. Signed by Judge Roger T. Benitez on 11/17/2021. (All non-registered users served via U.S. Mail Service)(jpp) Related: [-]
Monday, November 08, 2021
		minutes ~Util - Terminate Motion and R&R Deadlines/Hearings Order on Motion to Dismiss ~Util - Motions Submitted Mon 11/08 4:20 PM Minute Order issued by the Honorable Roger T. Benitez: Submitting19 MOTION to Dismiss. Court to issue written Order. Motion Hearing date of 11/15/2021 is hereby vacated. (All non-registered users served via U.S. Mail Service)(no document attached) (gxr) Related: [-]
Wednesday, October 27, 2021
23		23 respm Response in Opposition to Motion Wed 10/27 1:45 PM RESPONSE in Opposition re19 MOTION to Dismiss filed by Indian Hills Holdings, LLC.(Heilbrun, Dan) (jpp) Related: [-]
		Att: 1 Proof of Service
Monday, October 25, 2021
22		22 10 pgs order Order for Early Neutral Evaluation Mon 10/25 2:44 PM NOTICE AND ORDER for Early Neutral Evaluation Conference ("ENE") and Case Management Conference ("CMC"). ENE set for 1/7/2022 at 2:00 PM before Magistrate Judge Allison H. Goddard. In the event the case does not settle at the ENE, the Court will immediately thereafter hold a CMC. Signed by Magistrate Judge Allison H. Goddard on 10/25/2021.(All non-registered users served via U.S. Mail Service)(hmw) Related: [-]
		notice Notice of Hearing on Motion Mon 10/25 1:28 PM NOTICE of Hearing on Motion19 MOTION to Dismiss : Motion Hearing set for 11/15/2021 10:30 AM in Courtroom 5A before Judge Roger T. Benitez. (no document attached) (gxr) Related: [-]
Wednesday, October 20, 2021
		order Order ~Util - Terminate Deadlines and Hearings Wed 10/20 3:38 PM MINUTE ORDER Vacating Status Conference. Upon review of the record ( see ECF Nos. 15, 19), the Telephonic Status Conference14 scheduled for 10/26/2021 is hereby VACATED. Signed by Magistrate Judge Allison H. Goddard on 10/20/2021.(no document attached) (hmw) Related: [-]
Friday, October 15, 2021
19		19 motion Dismiss Mon 10/18 12:05 PM MOTION to Dismiss by Christopher Frye. (fth) Related: [-]
18		18 order Notice and Order of Document Discrepancies Mon 10/18 12:04 PM Notice of Document Discrepancies and Order Thereon by Judge Roger T. Benitez Accepting Document: Answer to Complaint and Motion to Dismiss, from Defendant Christopher Frye. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: The document is submitted as both an answer and a motion to dismiss, but Rule 12 of the Federal Rules of Civil Procedure requires a responding party to submit either an answer or a Rule 12 motion, but not both.. Nunc Pro Tunc 10/15/2021. Signed by Judge Roger T. Benitez on 10/15/2021. (fth) Related: [-]
Thursday, October 14, 2021
		minutes ~Util - Terminate Motion and R&R Deadlines/Hearings Order on Motion for Default Judgment ~Util - Motions Submitted Thu 10/14 12:59 PM Minute Order issued by the Honorable Roger T. Benitez: Submitting15 MOTION for Default Judgment against Construction & Design Professionals, Corp. . Court to issue written Order. Motion Hearing date of 10/18/2021 is hereby vacated. (no document attached) (gxr) Related: [-]
Wednesday, October 06, 2021
16		16 misc Request for Entry of Clerk Default Wed 10/06 2:54 PM Request for Entry of Clerk Default against Christopher Frye.(Heilbrun, Dan) Modified on 10/6/2021 to reflect does not meet criteria for entry of Default, waiver of service filed 8/18/2021 Doc 13, Defendant has 60 days from 8/18/2021 to answer the complaint. (jpp) Related: [-]
		Att: 1 Declaration Declaration of Daniel P. Heilbrun, Esq.
Wednesday, September 08, 2021
15		15 motion Default Judgment Wed 09/08 2:27 PM MOTION for Default Judgment against Construction & Design Professionals, Corp. by Indian Hills Holdings, LLC.(Heilbrun, Dan) Related: [-]
		Att: 1 Notice Notice and Motion for Default Judgment,
		Att: 2 Declaration Declaration of Daniel P. Heilbrun,
		Att: 3 Declaration Declaration of Armand Nannicola,
		Att: 4 Exhibit Exhibit A to Declaration of Armand Nannicola,
		Att: 5 Proof of Service Proof of Service
Thursday, August 19, 2021
14		14 1 pgs order Order ~Util - Terminate Deadlines and Hearings ~Util - Set Deadlines/Hearings Thu 08/19 9:55 AM ORDER Resetting Status Conference. Upon review of the record ( see ECF Nos. 11, 12, 13), the Telephonic Status Conference originally scheduled for 8/23/21 is reset for 10/26/2021 at 1:30 PM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 8/19/2021.(hmw) Related: [-]
Wednesday, August 18, 2021
13		13 service Waiver of Service Executed Wed 08/18 1:42 PM WAIVER OF SERVICE Returned Executed by Indian Hills Holdings, LLC, as to Christopher Frye. (Heilbrun, Dan) (jpp) Related: [-]
Friday, August 06, 2021
12		12 order Clerk's Entry of Default Fri 08/06 11:20 AM Clerk's ENTRY OF DEFAULT as to Construction & Design Professionals, Corp. (jpp) Related: [-]
Thursday, August 05, 2021
11		11 misc Request for Entry of Clerk Default Thu 08/05 10:49 AM Request for Entry of Clerk Default against CONSTRUCTION & DESIGN PROFESSIONALS, CORP..(Heilbrun, Dan) Related: [-]
		Att: 1 Declaration Declaration of Daniel P. Heilbrun, Esq.
Monday, June 14, 2021
10		10 1 pgs order Order ~Util - Set Hearings Mon 06/14 10:39 AM ORDER Setting Status Conference. Upon review of the record ( see ECF Nos. 4, 8, 9), a Telephonic Status Conference is set for 8/23/2021 at 2:00 PM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 6/14/2021.(hmw) Related: [-]
Monday, April 26, 2021
9		9 service Summons Returned Executed Mon 04/26 4:36 PM SUMMONS Returned Executed by Indian Hills Holdings, LLC. Construction & Design Professionals, Corp. served. (Heilbrun, Dan) Related: [-]
Thursday, March 25, 2021
8		8 17 pgs order Order on Motion for Service by Publication Thu 03/25 1:22 PM ORDER Granting7 Motion to Serve the Summons and Complaint as to Construction & Design Professionals, Corp. on the Secretary of State. Plaintiff may affect service or process on Defendant CDP by serving two copies of the summons and complaint on the Arizona Corporation Commission. All doe defendants are dismissed from this case without prejudice. Signed by Judge Roger T. Benitez on 3/25/2021. (mme) Related: [-]
Wednesday, February 17, 2021
7		7 motion Service by Publication Wed 02/17 8:21 PM MOTION for Service by Publication for Order Authorizing Substitute Service of Summons and Complainton California Secretary of State by Indian Hills Holdings, LLC.(Heilbrun, Dan) Related: [-]
		Att: 1 Declaration Declaration of Daniel P. Heilbrun, Esq.,
		Att: 2 Declaration Declaration of Armand Nannicola,
		Att: 3 Declaration Declaration of Vincent Espinoza,
		Att: 4 Exhibit Exhibits A-K
Wednesday, November 18, 2020
6		6 27 pgs order Order on Motion for Service by Publication Thu 11/19 9:56 AM ORDER Denying5 Motion for Service by Publication. The Court DENIES Plaintiffs Motion without prejudice and GRANTS Plaintiff a final ninety-day (90) day extension of time to effectuate service and/or re-file a Motion with a further showing of reasonable diligence. Signed by Judge Roger T. Benitez on 11/18/2020. (mme) Related: [-]
Saturday, May 30, 2020
5		5 motion Service by Publication Sat 05/30 10:47 AM MOTION for Service by Publication (Application & Declaration) by Indian Hills Holdings, LLC.(Heilbrun, Dan) Related: [-]
		Att: 1 Exhibit Exhibits A & B,
		Att: 2 Proof of Service POS
Sunday, May 03, 2020
4		4 service Summons Returned Executed Sun 05/03 10:01 PM SUMMONS Returned Executed by Indian Hills Holdings, LLC. Christopher Frye served. (Heilbrun, Dan) Related: [-]
3		3 service Summons Returned Executed Sun 05/03 9:59 PM SUMMONS Returned Executed by Indian Hills Holdings, LLC. Construction & Design Professionals, Corp. served. (Heilbrun, Dan) Related: [-]
Wednesday, March 11, 2020
2		2 service Summons Issued Wed 03/11 3:11 PM Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jxv) Related: [-]
1		1 cmp Complaint Wed 03/11 3:08 PM COMPLAINT with Jury Demand against Construction & Design Professionals, Corp., Does 1-10, Christopher Frye ( Filing fee $ 400 receipt number ACASDC-13608586.), filed by Indian Hills Holdings, LLC.. The new case number is 3:20-cv-461-BEN-AHG. Judge Roger T. Benitez and Magistrate Judge Allison H. Goddard are assigned to the case. (Heilbrun, Dan)(jxv) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Exhibit A-B

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