Foundation Building Materials, LLC v. Action Gypsum Supply, LP et al
| California Central District Court | |
| Judge: | Cormac J Carney |
| Referred: | Karen E Scott |
| Case #: | 8:21-cv-01804 |
| Nature of Suit | 790 Labor - Other Labor Litigation |
| Cause | 28:1442 Notice of Removal |
| Case Filed: | Oct 29, 2021 |
| Terminated: | Mar 08, 2022 |
| Case in other court: | Orange County Superior Court, 30-02021-01216783-CU- |
| Last checked: Wednesday Apr 27, 2022 1:43 AM PDT |
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Defendant
Does
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Defendant
Action Gypsum Supply West, LP
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Represented By
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Defendant
Jesus Bustillos
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Defendant
Dino Casillas
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Defendant
Tom Jordan
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Defendant
Mathew C. Jung
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Defendant
Frank Nava
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Defendant
Chris Olson
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Defendant
Jose Ramos
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Defendant
Israel Valdez
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Plaintiff
Foundation Building Materials, LLC
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Action Gypsum Supply, LP
Terminated: 01/18/2022
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Represented By
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| Docket last updated: 10 hours ago |
| Wednesday, March 09, 2022 | ||
| 33 | 33
attorney
Notice of Change of Attorney Business or Contact Information (G-06)
Wed 03/09 11:51 AM
NOTICE of Change of Attorney Business or Contact Information: for attorney Matthew F. Prewitt counsel for Defendant Action Gypsum Supply, LP. Changing firm name to ArentFox Schiff LLP. Changing e-mail to matthew.prewitt@afslaw.com. Filed by Defendant Action Gypsum Supply, LP. (Prewitt, Matthew) |
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| Tuesday, March 08, 2022 | ||
| 35 | 35
misc
Letter of Transmittal - Remand to Superior Court (CV-103) - optional html form
Wed 03/09 2:25 PM
TRANSMITTAL of documents to Orange County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Orange County Superior Court. (twdb) |
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order
Remand Case to State Court
Wed 03/09 2:23 PM
ORDER by Judge Cormac J. Carney Remanding Action to Orange County Superior Court. Accordingly, joinder of the nondiverse defendants is appropriate and the Court lacks diversity jurisdiction over this case. The Court ORDERS this case remanded to Orange County Superior Court. Case number 30-2021 01216783-CU-NP-CJC. Case Terminated. Made JS-6. (twdb) |
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| Monday, March 07, 2022 | ||
| 32 | 32
misc
Reply
Mon 03/07 8:32 PM
REPLY filed by Defendants Action Gypsum Supply West, LP, Action Gypsum Supply, LP, Jesus Bustillos, Dino Casillas, Tom Jordan, Mathew C. Jung, Frank Nava, Chris Olson, Jose Ramos, Israel Valdez to Order to Show Cause,23 (Boley, Robert) |
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| 31 | 31
attorney
Notice of Change of Attorney Business or Contact Information (G-06)
Mon 03/07 5:03 PM
NOTICE of Change of Attorney Business or Contact Information: for attorney Robert D. Boley counsel for Defendant Action Gypsum Supply, LP. Changing firm name to ArentFox Schiff LLP. Changing e-mail to robert.boley@afslaw.com. Filed by Defendant Action Gypsum Supply, LP. (Attorney Robert D. Boley added to party Action Gypsum Supply, LP(pty:dft))(Boley, Robert) |
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| 30 | 30
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Mon 03/07 4:51 PM
Notice of Appearance or Withdrawal of Counsel: for attorney John S Purcell counsel for Defendants Action Gypsum Supply, Action Gypsum Supply West, LP. Adding John S. Purcell as counsel of record for Action Gypsum Supply; Action Gypsum Supply West, LP for the reason indicated in the G-123 Notice. Filed by Defendants Action Gypsum Supply; Action Gypsum Supply West, LP. (Attorney John S Purcell added to party Action Gypsum Supply(pty:dft), Attorney John S Purcell added to party Action Gypsum Supply West, LP(pty:dft))(Purcell, John) |
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| 29 | 29
attorney
Notice of Change of Attorney Business or Contact Information (G-06)
Mon 03/07 3:34 PM
NOTICE of Change of Attorney Business or Contact Information: for attorney Brian James Hamilton counsel for Defendant Action Gypsum Supply, LP. Changing firm name to ArentFox Schiff LLP. Changing e-mail to brian.hamilton@afslaw.com. Filed by Defendant Action Gypsum Supply, LP. (Hamilton, Brian) |
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| 28 | 28
order
Substitute Attorney
Mon 03/07 12:19 PM
ORDER by Judge Cormac J. Carney: Granting27 Request to Substitute Attorney. Attorney Patrick N. Downes terminated (twdb) |
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| 27 | 27
motion
Substitute Attorney (G-01)
Mon 03/07 10:14 AM
REQUEST TO SUBSTITUTE ATTORNEY Douglas E. Hewlett, Jr. in place of attorney Patrick N. Downes filed by Defendants Action Gypsum Supply, Action Gypsum Supply West, LP. (Attorney Douglas Eugene Hewlett, Jr added to party Action Gypsum Supply(pty:dft), Attorney Douglas Eugene Hewlett, Jr added to party Action Gypsum Supply West, LP(pty:dft)) (Hewlett, Douglas) |
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Att: 1
Proposed Order
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| Monday, February 28, 2022 | ||
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misc
Response
Mon 02/28 5:41 PM
RESPONSE filed by Plaintiff Foundation Building Materials, LLCto Order to Show Cause,23 (Wulffson, Todd) |
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Att: 1
Declaration of Todd R. Wulffson in Support of OSC as to Why the Court Should Not Remand This Case
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| Tuesday, February 22, 2022 | ||
| 25 | 25
misc
Response
Tue 02/22 5:40 PM
RESPONSE filed by Defendants Action Gypsum Supply West, LP, Action Gypsum Supply, LP, Jesus Bustillos, Dino Casillas, Tom Jordan, Mathew C. Jung, Frank Nava, Chris Olson, Jose Ramos, Israel Valdezto Order to Show Cause,23 (Hamilton, Brian) |
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| Thursday, February 03, 2022 | ||
| 24 | 24
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pgs
order
Order
Thu 02/03 3:49 PM
ORDER REGARDING DEADLINE FOR RULE 26(f) REPORT AND RULE 16(b) SCHEDULING ORDER by Judge Cormac J. Carney. (twdb) |
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pgs
order
Order to Show Cause
Thu 02/03 2:38 PM
MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE AS TO WHY THE COURT SHOULD NOT REMAND THIS CASE TO ORANGE COUNTY SUPERIOR COURT by Judge Cormac J. Carney. Defendants shall file a joint response to this Order by February 21, 2022. Plaintiff shall file its own response by February 28, 2022. Defendants shall file a joint reply by March 7, 2022. Show Cause Hearing set for 3/21/2022 AT 01:30 PM before Judge Cormac J. Carney. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) |
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| Wednesday, February 02, 2022 | ||
| 22 | 22
stip
Extension of Time to File Document
Wed 02/02 6:39 PM
Joint STIPULATION for Extension of Time to File Rule 26(f) Report filed by Defendants Action Gypsum Supply West, LP, Action Gypsum Supply, LP.(Hamilton, Brian) |
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Att: 1
Proposed Order
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| Tuesday, February 01, 2022 | ||
| 21 | 21
order
Appear Pro Hac Vice
Tue 02/01 4:48 PM
ORDER by Judge Cormac J. Carney: GRANTING19 Non-Resident Attorney Robert D. Boley APPLICATION to Appear Pro Hac Vice on behalf of Defendants Action Gypsum Supply West, LP, Action Gypsum Supply, LP, designating Patrick N. Downes as local counsel. (shb) |
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| Friday, January 28, 2022 | ||
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motion
Dismiss Case
Fri 01/28 9:02 PM
NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Rule 12(b)(6) filed by Defendants Action Gypsum Supply West, LP, Action Gypsum Supply, LP. Motion set for hearing on 3/7/2022 at 01:30 PM before Judge Cormac J. Carney. (Attorney Brian James Hamilton added to party Action Gypsum Supply West, LP(pty:dft)) (Hamilton, Brian) |
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Att: 1
Proposed Order
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| Wednesday, January 26, 2022 | ||
| 19 | 19
motion
Appear Pro Hac Vice (G-64)
Wed 01/26 2:01 PM
APPLICATION of Non-Resident Attorney Robert D. Boley to Appear Pro Hac Vice on behalf of Defendants Action Gypsum Supply West, LP, Action Gypsum Supply, LP (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32686468) filed by defendant Action Gypsum Supply West, LP, Action Gypsum Supply, LP. (Attorney Patrick N. Downes added to party Action Gypsum Supply West, LP(pty:dft)) (Downes, Patrick) |
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Att: 1
Proposed Order
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| Friday, January 14, 2022 | ||
| 18 | 18
othcmp
Amended Complaint/Petition
Fri 01/14 4:54 PM
SECOND AMENDED COMPLAINT against Defendants Does, Action Gypsum Supply, Action Gypsum Supply West, LP, Frank Nava, Dino Casillas, Tom Jordan, Chris Olson, Mathew C. Jung, Israel Valdez, Jose Ramos, Jesus Bustillos amending Amended Complaint,, filed by Plaintiff Foundation Building Materials, LLC(Wulffson, Todd) |
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| Tuesday, December 28, 2021 | ||
| 17 | 17
order
Dismiss Case
Wed 12/29 10:15 AM
ORDER by Judge Cormac J. Carney: Granting Defendant's12 MOTION to Dismiss with Leave to Amend [Dkt. 12]. FBM has until January 14, 2022 to file an amended complaint. (twdb) |
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| Monday, December 27, 2021 | ||
| 16 | 16
respm
Reply (Motion related)
Mon 12/27 10:01 PM
REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Rule 12(b)(6) 12 filed by Defendant Action Gypsum Supply, LP. (Hamilton, Brian) |
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| Monday, December 20, 2021 | ||
| 15 | 15
respm
Objection/Opposition (Motion related)
Mon 12/20 5:27 PM
OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Rule 12(b)(6) 12 filed by Plaintiff Foundation Building Materials, LLC.(Wulffson, Todd) |
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Att: 1
Declaration of Ashley Halberda in Support of Opposition to Defendants' Motion to Dismiss
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| Monday, November 29, 2021 | ||
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order
Appear Pro Hac Vice
Mon 11/29 10:27 AM
ORDER by Judge Cormac J. Carney: GRANTING11 Non-Resident Attorney Matthew F. Prewitt APPLICATION to Appear Pro Hac Vice on behalf of Defendant Action Gypsum Supply, LP, designating Patrick N. Downes as local counsel. (shb) |
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| Tuesday, November 23, 2021 | ||
| 13 | 13
order
Initial Order upon Filing of Complaint - form only
Tue 11/23 8:59 AM
NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on February 10, 2022. (rrp) |
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| Friday, November 19, 2021 | ||
| 12 | 12
motion
Dismiss Case
Fri 11/19 7:48 PM
NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Rule 12(b)(6) filed by Defendant Action Gypsum Supply, LP. Motion set for hearing on 1/10/2022 at 01:30 PM before Judge Cormac J. Carney. (Hamilton, Brian) |
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Att: 1
Exhibit Plaintiff's Proposed SAC,
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Att: 2
Proposed Order
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| Monday, November 15, 2021 | ||
| 11 | 11
motion
Appear Pro Hac Vice (G-64)
Mon 11/15 10:45 AM
APPLICATION of Non-Resident Attorney Matthew F. Prewitt to Appear Pro Hac Vice on behalf of Defendant Action Gypsum Supply, LP (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32321478) filed by defendant Action Gypsum Supply, LP. (Downes, Patrick) |
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Att: 1
Proposed Order
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| Wednesday, November 10, 2021 | ||
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misc
Declaration
Wed 11/10 10:44 AM
DECLARATION of Ashley A. Halberda re Order to Show Cause8 November 9, 2021 Minute Order filed by Plaintiff Foundation Building Materials, LLC.(Halberda, Ashley) |
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Att: 1
Exhibit A to A. Halberda decl.,
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Att: 2
Exhibit B to A. Halberda decl.,
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Att: 3
Exhibit C to A. Halberda decl.,
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Att: 4
Exhibit D to A. Halberda decl.,
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Att: 5
Exhibit E to A. Halberda decl.,
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Att: 6
Exhibit F to A. Halberda decl.,
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Att: 7
Exhibit G to A. Halberda decl.,
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Att: 8
Exhibit H to A. Halberda decl.,
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Att: 9
Exhibit I to A. Halberda decl.,
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Att: 10
Exhibit J to A. Halberda decl.,
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Att: 11
Exhibit K to A. Halberda decl.,
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Att: 12
Exhibit L to A. Halberda decl.
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textonly
Text Only Scheduling Notice
Wed 11/10 12:43 PM
(IN CHAMBERS) SCHEDULING NOTICE by Judge Cormac J. Carney. Defendant was served on October 29, 2021. Defendant has until November 19, 2021 to respond to the complaint. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) |
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| Tuesday, November 09, 2021 | ||
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1
pgs
order
Order to Show Cause
Tue 11/09 11:47 AM
MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION (REMOVAL) by Judge Cormac J. Carney. SEE DOCUMENT FOR FURTHER INFORMATION. Response to Order to Show Cause due by 11/11/2021. (twdb) |
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| Monday, November 01, 2021 | ||
| 7 | 7
service
Proof of Service (subsequent documents)
Mon 11/01 7:26 PM
PROOF OF SERVICE filed by Defendant Action Gypsum Supply, LP, re Notice of Assignment to United States Judges(CV-18) - optional html form3 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form5 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form4 served on November 1, 2021. (Hamilton, Brian) |
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notice
Deficiency in Attorney Case Opening
Mon 11/01 3:21 PM
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening),1 . The following error(s) was found: Other error(s) with document(s): Attachments 14 Civil Cover Sheet, 15 Certificate and Notice of Interested Parties, 16 Declaration Decl. R. Young ISO Notice of Removal are attached to the Notice of Removal. Each of these documents should have been filed and entered separately under its correct event/relief. You need not take any action in response to this notice unless and until the Court directs you to do so. (ghap) |
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notice
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form
Mon 11/01 3:04 PM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
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| 4 | 4
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Mon 11/01 3:03 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
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| 3 | 3
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Mon 11/01 3:03 PM
NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Karen E. Scott. (ghap) |
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| 2 | 2
service
Proof of Service (subsequent documents)
Mon 11/01 1:11 PM
PROOF OF SERVICE filed by Defendant Action Gypsum Supply, re Notice of Removal (Attorney Civil Case Opening),,,,1 Notice of Removal, Civil Case Cover Sheet, Certification and Notice of Interested Parties, and Declaration of Rich Young in Support of Defendant's Notice of Removal served on November 1, 2021. (Hamilton, Brian) |
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| Friday, October 29, 2021 | ||
| 1 | 1
notice
Notice of Removal (Attorney Civil Case Opening)
Fri 10/29 6:19 PM
NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2021 01216783-CU-NP-CJC Receipt No: ACACDC-32245812 - Fee: $402, filed by Defendant Action Gypsum Supply. (Attorney Brian James Hamilton added to party Action Gypsum Supply(pty:dft))(Hamilton, Brian) |
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Att: 1
Exhibit Complaint,
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Att: 2
10 pgs
Exhibit Amended Complaint,
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Att: 3
Exhibit Notice of Motion and Motion to Quash Service of Summons,
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Att: 4
Exhibit Memorandum of Points and Authorities ISO Motion to Quash Service of Summons,
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Att: 5
Exhibit Decl. R. Young ISO Motion to Quash Service of Summons,
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Att: 6
Exhibit Proposed Order Granting Motion to Quash Service of Summons,
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Att: 7
Exhibit Proof of Service Motion to Quash Service of Summons,
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Att: 8
Exhibit Notice of Removal to Orange County Clerk,
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Att: 9
Exhibit Notice of Consent to Removal,
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Att: 10
Exhibit FBM Articles of Organization,
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Att: 11
Exhibit FBM CA Sec. State Cert. Merger Filing,
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Att: 12
Exhibit FBM Proposed Second Amended Complaint,
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Att: 13
Exhibit State Court Civil Case Cover Sheet,
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Att: 14
Civil Cover Sheet,
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Att: 15
Certificate and Notice of Interested Parties,
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Att: 16
Declaration Decl. R. Young ISO Notice of Removal
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cmp
Complaint - (Discovery)
Mon 11/01 3:08 PM
CONFORMED FILED COPY OF COMPLAINT against Defendants Action Gypsum Supply, Does 1-10, inclusive., filed by plaintiff Foundation Building Materials, LLC. (FILED IN STATE COURT ON 8/18/2021 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
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othcmp
Amended Complaint
Mon 11/01 3:10 PM
CONFORMED FILED COPY OF AMENDED COMPLAINT against Defendants Action Gypsum Supply, LP, Does 1-10, inclusive amending Complaint - (Discovery), filed by plaintiff Foundation Building Materials, LLC. (FILED IN STATE COURT ON 9/1/2021 SUBMITTED ATTACHED EXHIBIT B) (ghap) |
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service
Service of Summons and Complaint Returned Executed (21 days)
Mon 11/01 3:13 PM
CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Foundation Building Materials, LLC, upon Defendant Action Gypsum Supply, LP served on 9/8/2021, answer due 9/29/2021. Service of the Summons and Complaint were executed upon Mark Lobb-Agent for Service of Process in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (FILED IN STATE COURT ON 9/15/2021 SUBMITTED ATTACHED EXHIBIT E) (ghap) |
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