Hermozo Textile, LLC v. Shaoxing Minghong Textile Co., Ltd et al

California Central District Court
Judge:Stanley Blumenfeld, Jr
Referred: Jacqueline Chooljian
Case #: 2:23-cv-01300
Nature of Suit120 Contract - Marine
Cause28:1333 Admiralty
Case Filed:Feb 21, 2023
Terminated:Oct 30, 2023
Last checked: Sunday Aug 20, 2023 1:59 AM PDT
Defendant
Does
Defendant
Shaoxing Minghong Textile Co., Ltd.
Defendant
Shaoxing Xiaohong Trade Co., Ltd
Plaintiff
Hermozo Textile, LLC
Represented By
Bradley Rose
Kaye Rose And Partners LLP
contact info
Frank C Brucculeri
Kaye Rose And Partners LLP
contact info


Docket last updated: 10 hours ago
Monday, October 30, 2023
40 40 order Default Judgment Tue 10/31 2:47 PM
ORDER DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT by Judge Stanley Blumenfeld, Jr.: At the hearing, Plaintiff's counsel acknowledged that the question whether to grant Plaintiff a third opportunity to prove damages was discretionary. Under the circumstances, the Court is convinced that Plaintiff should not be given a third opportunity. Plaintiff was on notice of the importance of providing complete and accurate information after the denial of the first motion and failed to do so a second time. The Court has no confidence that Plaintiff will provide reliable information if given yet another chance. Based on the foregoing, the Court DISMISSES WITH PREJUDICE Plaintiff's complaint. The Court further SETS ASIDE the Clerk's entry of default as to Defendants and DENIES Plaintiff's motion for default judgment against Defendants34 . The Clerk is directed to close the case. (gk)
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Friday, October 27, 2023
39 39 minutes Motion Hearing Default Judgment Tue 10/31 2:38 PM
MINUTES OF Motion Hearing held before Judge Stanley Blumenfeld, Jr. RE: Motion for Default Judgment34 . The Court heard from Plaintiff on the Court's tentative ruling. The Court takes the matter under submission, including whether to issue an order to show cause why Plaintiff and its counsel should not be sanctioned for failing to comply with Federal Rule of Civil Procedure 11. Court Reporter: Myra Ponce. (gk)
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Wednesday, October 25, 2023
38 38 misc Declaration Wed 10/25 1:59 PM
DECLARATION of Ethan Malekan re Generic Text Only Entry,,,,,, 37 filed by Plaintiff Hermozo Textile, LLC.(Brucculeri, Frank)
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Att: 1 Exhibit 1
Monday, October 23, 2023
37 37 textonly Generic Text Only Entry Mon 10/23 3:21 PM
(IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: No later than 2:00 p.m. on Wednesday October 25, 2023, Plaintiff shall file a declaration from a percipient witness to explain various discrepancies in its default judgment filings. These discrepancies include: (1) the change in purported damages incurred, initially claimed to be approximately $200,000 (Dkt. No.1 to $124,301, Dkt. No.30 -1 at 6) and now claimed to be $41,501.64 (Dkt. No.34 -1 at 18); (2) the colors of fabric ordered by Timing, Inc. and Jalisco's Apparel do not appear consistent with those products shipped by Defendants in the purchase order attached to the complaint (compare Dkt. No. 34-3 at 11, 16, with Dkt. No.1 -5 at 2); and (3) the change in total yardage of fabric ordered through purchase order 9987, which contained 6,524 yards of ivory fabric according to the commercial invoice attached to the complaint (Dkt. No.1 -5 at 2) but 13,000 yards of ivory, red brown, burgundy, and vetiver fabric according to the motion for default judgment (Dkt. No.34 -3 at 16). Plaintiff shall also verify in a declaration that the loss of the sales with Timing, Inc. and Jalisco's Apparel discussed in its motion for default judgment resulted from Defendants' breach of contract as alleged in the complaint. Plaintiff is warned that the failure to timely and adequately explain the discrepancies may result in denial of Plaintiff's motion for default judgment with prejudice. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr)
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Tuesday, October 17, 2023
36 36 service Proof of Service (subsequent documents) Tue 10/17 2:32 PM
PROOF OF SERVICE filed by Plaintiff Hermozo Textile, LLC, re NOTICE OF MOTION AND MOTION for Default Judgment against Defendants Shaoxing Minghong Textile Co., Ltd., and Shaoxing Xiaohong Trade Co. Ltd.34 served on 9/29/2023. (Brucculeri, Frank)
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35 35 service Proof of Service (subsequent documents) Tue 10/17 2:29 PM
PROOF OF SERVICE filed by Plaintiff Hermozo Textile, LLC, re Declaration33 served on 9/28/2023. (Brucculeri, Frank)
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Friday, September 29, 2023
34 34 motion Default Judgment Fri 09/29 8:42 AM
NOTICE OF MOTION AND MOTION for Default Judgment against Defendants Shaoxing Minghong Textile Co., Ltd., and Shaoxing Xiaohong Trade Co. Ltd. filed by Plaintiff Hermozo Textile, LLC. Motion set for hearing on 10/27/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Brucculeri, Frank)
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Att: 1 Memorandum,
Att: 2 Declaration of Frank C. Brucculeri,
Att: 3 Declaration of Ethan Malekan,
Att: 4 Proposed Order
Thursday, September 28, 2023
33 33 misc Declaration Thu 09/28 6:15 PM
DECLARATION of Frank C. Brucculeri re Order on Motion for Default Judgment32 filed by Plaintiff Hermozo Textile, LLC. (Brucculeri, Frank)
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Friday, September 22, 2023
32 32 order Default Judgment Mon 09/25 3:28 PM
ORDER DENYING MOTION FOR DEFAULT JUDGMENT30 by Judge Stanley Blumenfeld, Jr. See document for details. (gk)
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31 31 minutes Motion Hearing ~Util - Link Motions to Minutes Mon 09/25 1:34 PM
MINUTES OF Motion Hearing held before Judge Stanley Blumenfeld, Jr. RE: Motion for Default Judgment30 . Plaintiff submits on the Court's tentative ruling. The Court will issue a separate order denying the motion for default judgment without prejudice. Should Plaintiff choose to amend and refile its motion, it must do so no later than 9:00 AM on 9/29/2023. Failure to timely move for default judgment will be deemed consent to dismiss this matter with prejudice. Court Reporter: Myra Ponce. (gk)
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Tuesday, August 22, 2023
30 30 motion Default Judgment Tue 08/22 8:43 PM
NOTICE OF MOTION AND MOTION for Default Judgment against Defendants Shaoxing Minghong Textile Co., Ltd., and Shaoxing Xiaohong Trade Co. Ltd. filed by Plaintiff Hermozo Textile, LLC. Motion set for hearing on 9/22/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Brucculeri, Frank)
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Att: 1 Motion for Entry of Final Default,
Att: 2 Declaration of Danny Malekan,
Att: 3 Declaration of Frank C. Brucculeri,
Att: 4 Proposed Order
Tuesday, August 15, 2023
29 29 order Clerks Entry of Default (CV-37) - optional html form Tue 08/15 11:24 AM
DEFAULT BY CLERK F.R.Civ.P.55(a) as to Shaoxing Minghong Textile Co., Ltd., Shaoxing Xiaohong Trade Co., Ltd (bm)
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Friday, August 11, 2023
28 28 order Clerk to Enter Default Tue 08/15 11:19 AM
ORDER GRANTING APPLICATION FOR ENTRY OF DEFAULT [DKT. NO. 25] by Judge Stanley Blumenfeld, Jr.: Because Plaintiff appears to have complied with the requirements for notice under Rule B, and Defendants have not answered or otherwise appeared within the time allowed, Plaintiff's application is GRANTED, and the Clerk is directed to enter default against Defendants. (see document for further details) (bm)
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Tuesday, August 01, 2023
27 27 notice Deficiency - Default /Default Judgment (CV-52b) - optional html form Tue 08/01 7:16 AM
NOTICE OF DEFICIENCY Re: Application for Entry of Default Against Defendants Shaoxing Minghong Textile Co., Ltd., and Shaoxing Xiaohong Trade Co., Ltd.25 . The Clerk cannot enter the requested relief as: Request for Entry of Default has been forwarded to the assigned Judge. Clerk lacks authority to review default requests as to foreign defendants/service. (gk)
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Friday, July 28, 2023
26 26 service Service of Summons and Complaint Returned Executed (21 days) Fri 07/28 12:33 PM
PROOF OF SERVICE Executed by Plaintiff Hermozo Textile, LLC, upon Defendant Shaoxing Minghong Textile Co., Ltd. served on 4/11/2023, answer due 5/2/2023; Shaoxing Xiaohong Trade Co., Ltd served on 4/11/2023, answer due 5/2/2023. Service of the Summons and Complaint were executed upon Defendants, Shaoxing Minghong Textile Co., Ltd, and Shaoxing Xiaohong Trade Co. Ltd in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy (Brucculeri, Frank)
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25 25 motion Clerk to Enter Default Fri 07/28 12:25 PM
APPLICATION for Clerk to Enter Default against Defendants Shaoxing Minghong Textile Co., Ltd., Shaoxing Xiaohong Trade Co., Ltd filed by Plaintiff Hermozo Textile, LLC. (Brucculeri, Frank)
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Att: 1 Declaration of Frank C. Brucculeri in Support of Application for Entry of Default
Friday, June 30, 2023
24 24 minutes Status Conference - optional html form Sun 07/02 9:31 AM
MINUTES OF Continued Status Conference held before Judge Stanley Blumenfeld, Jr.: The Court hears from counsel as to the status of the case and its relationship to Plaintiff's previously filed action. As directed on the record, Plaintiff shall pursue default within one week if Defendants do not timely answer, and a Motion for Default Judgment is to be filed a week thereafter. Court Reporter: April Lassiter-Benson. (jgr)
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Thursday, June 29, 2023
23 23 service Proof of Service (subsequent documents) Thu 06/29 3:21 PM
PROOF OF SERVICE filed by Plaintiff Hermozo Textile, LLC, re Writ of Garnishment17 , USM-285 Service of non-complaint documents - Executed,20 , Order on Motion for Order,,,16 served on June 22, 2023. (Brucculeri, Frank)
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Thursday, June 22, 2023
22 22 misc Declaration Thu 06/22 4:51 PM
DECLARATION of Frank C. Brucculeri re Status Conference - optional html form,, Set/Reset Hearing,21 filed by Plaintiff Hermozo Textile, LLC. (Brucculeri, Frank)
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Friday, June 16, 2023
21 21 minutes Status Conference - optional html form ~Util - Set/Reset Hearings Tue 06/20 1:46 PM
MINUTES OF Status Conference held before Judge Stanley Blumenfeld, Jr.: Plaintiff's counsel is ordered to file a response, in writing, no later than 6/23/2023, explaining why the Court should not issue an Order to Show Cause for failing to appear. The Court hereby CONTINUES the Status Conference to 6/30/2023 08:30 AM before Judge Stanley Blumenfeld Jr. Court Reporter: Laura Elias. (gk)
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Wednesday, June 14, 2023
20 20 service USM-285 Service of non-complaint documents - Executed Thu 06/15 2:07 PM
PROCESS RECEIPT AND RETURN (USM-285) of Maritime Attachment/Garnishment to serve Court Order dated 3/13/2023 (Dkt. No. 16) and Clerk's executed Amended Process of Maritime Attachment and Garnishment returned executed on the Garnishee Solex Logistics, Inc. on 6/14/2023. Remarks: Number of DUSM: 1; number of hours: 1; mileage: 11. Posted paperwork on business door. (gk)
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Friday, June 09, 2023
19 19 misc Declaration Fri 06/09 4:24 PM
DECLARATION of Frank C. Brucculeri re Text Only Scheduling Notice, 18 , Order on Motion for Order,,,16 , Writ of Garnishment17 filed by Plaintiff Hermozo Textile, LLC.(Brucculeri, Frank)
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Att: 1 Exhibit A
Wednesday, May 31, 2023
18 18 textonly Text Only Scheduling Notice Wed 05/31 1:58 PM
(IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr. The Court authorized the issuance of process of maritime attachment and garnishment on March 13, 2023. Plaintiff is to file a status report as to service, attachment, and contemplated next steps in this action no later than June 9, 2023, and the Court sets the matter for a status conference on June 16, 2023 at 8:30 a.m. in Courtroom 6C.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr)
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Monday, March 13, 2023
17 17 order Writ of Garnishment Issued Wed 03/15 11:48 AM
PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT IN SUPPORT OF EX PARTE APPLICATION FOR ORDER issued. (gk)
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16 16 order For Order Wed 03/15 11:30 AM
ORDER AUTHORIZING ISSUANCE OF PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT by Judge Stanley Blumenfeld, Jr.: Upon Plaintiff's Ex Parte Application9 , the Court hereby ORDERS the Clerk to issue Process of Maritime Attachment and Garnishment pursuant to Rule B directing the United States Marshal to the Central District of California to attach all property, tangible or intangible, belonging to either of the Defendants Minghong and/or Xiaohong including specifically the 925 rolls of fabric imported by the defendants and currently stored at Plaintiff's warehouse, or property of any kind belonging to, claimed by, or held for the benefit of, the Defendant, within this District in an amount up to $200,000.00 pursuant to Supplemental Rule B and the same be attached as may be found in the possession, custody or control of the garnishee(s). See document for further details. (gk)
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Wednesday, March 08, 2023
15 15 misc Declaration Wed 03/08 4:23 PM
DECLARATION of Frank C. Brucculeri re Order,,,,14 in response to March 1, 2023 Minute Order filed by Plaintiff Hermozo Textile, LLC.(Brucculeri, Frank)
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Att: 1 Exhibit A,
Att: 2 Exhibit B
Wednesday, March 01, 2023
14 14 3 pgs order Order Wed 03/01 5:25 PM
ORDER REQUIRING SUPPLEMENTARY BRIEFING ON PLAINTIFF'S EX PARTE APPLICATION by Judge Stanley Blumenfeld, Jr.: Plaintiff filed an ex parte application seeking to attach Defendants' property, 925 rolls of fabric stored at Plaintiff's warehouse located in this jurisdiction, pursuant to Supplemental Admiralty Rules B and E9 . In light of the lack of clarity as to whether the relevant cargo is property of Defendants, and in order for the Court to evaluate the propriety of authorizing maritime attachment and process under Supplemental Admiralty Rules B and E, Plaintiff is directed to file supplementary briefing describing Defendants' property interest in the cargo it seeks to attach and demonstrating that such interest is sufficient for the Court to find that the conditions required for Rule B attachment are met here. Plaintiff is to file the additional briefing no later than 3/8/2023 at 5:00 PM. Failure to timely file the supplement will be construed as consent to dismissal for lack of jurisdiction. (gk)
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Friday, February 24, 2023
13 13 service Summons Issued Fri 02/24 4:38 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),1 as to Defendants Shaoxing Minghong Textile Co., Ltd., Shaoxing Xiaohong Trade Co., Ltd. (shb)
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Wednesday, February 22, 2023
12 12 textonly Generic Text Only Entry Wed 02/22 4:49 PM
(IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: This case appears to arise from the same transaction at issue in case 2:22-cv-06623-SB-JC. The Court dismissed that case without prejudice for lack of prosecution when Plaintiff failed, despite the Court's orders, to amend its claims or file a timely motion for default judgment. The Court expects Plaintiff to prosecute this action diligently. Failure to exercise diligence in prosecuting this case may result in dismissal with prejudice. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr)
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11 11 order Initial Order upon Filing of Complaint - form only Wed 02/22 4:48 PM
CIVIL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (jgr)
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10 10 order Transferring Case purs GO 21-01 (Related Case)(CV-34) Wed 02/22 4:43 PM
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:22-cv-06623 SB(JCx). Case transferred from Magistrate Judge Maria A. Audero and Judge Andre Birotte Jr to Judge Stanley Blumenfeld, Jr and Magistrate Judge Jacqueline Chooljian for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:23-cv-01300 SB(JCx). Signed by Judge Stanley Blumenfeld, Jr (rn)
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9 9 4 pgs motion Order Wed 02/22 4:04 PM
EX PARTE APPLICATION for Order for Authorizing Issuance of Process of Maritime Attachment and Garnishment filed by Plaintiff Hermozo Textile, LLC. (Brucculeri, Frank)
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Att: 1 Declaration Frank C. Brucculeri,
Att: 2 Supplement Process Of Maritime Attachment And Garnishment,
Att: 3 Proposed Order
8 8 notice Summons Request Wed 02/22 3:54 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),1 , Civil Cover Sheet (CV-71)2 filed by Plaintiff Hermozo Textile, LLC. (Brucculeri, Frank)
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7 7 notice Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form Wed 02/22 10:05 AM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh)
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6 6 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Wed 02/22 10:04 AM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
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5 5 notice Notice of Assignment to United States Judges (CV-18) - optional html form Wed 02/22 10:04 AM
NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Maria A. Audero. (lh)
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Tuesday, February 21, 2023
4 4 misc Corporate Disclosure Statement Tue 02/21 6:16 PM
CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Hermozo Textile, LLC (Brucculeri, Frank)
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3 3 notice Certificate/Notice of Interested Parties Tue 02/21 6:15 PM
CERTIFICATION AND NOTICE of Interested Parties (Brucculeri, Frank)
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2 2 misc Civil Cover Sheet (CV-71) Tue 02/21 6:14 PM
CIVIL COVER SHEET filed by Plaintiff Hermozo Textile, LLC. (Brucculeri, Frank)
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1 1 cmp Complaint (Attorney Civil Case Opening) Tue 02/21 6:13 PM
COMPLAINT Receipt No: ACACDC-34830748 - Fee: $402, filed by Plaintiff Hermozo Textile, LLC. (Attorney Frank C Brucculeri added to party Hermozo Textile, LLC(pty:pla))(Brucculeri, Frank)
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Att: 1 Declaration Verification,
Att: 2 Exhibit A,
Att: 3 Exhibit B,
Att: 4 Exhibit C,
Att: 5 Exhibit D,
Att: 6 Exhibit E,
Att: 7 Exhibit F