Fox v. Velocity Solar Power, Inc., et al
| California Eastern District Court | |
| Judge: | Chi Soo Kim |
| Referred: | Kendall J Newman |
| Case #: | 2:23-cv-01319 |
| Nature of Suit | 470 Other Statutes - Racketeer Influenced and Corrupt Organizations |
| Cause | 28:1441 Petition for Removal- Racketeering (RICO) Act |
| Case Filed: | Jun 30, 2023 |
| Case in other court: | Placer County Superior Court, S-CV-0050569 |
| Last checked: Saturday Dec 30, 2023 1:22 AM PST |
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Defendant
American Contractors Indemnity Company
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Represented By
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Defendant
Darin Dowd
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Represented By
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Defendant
Jennifer Dowd
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Represented By
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Defendant
Granite Bay Excavating, Inc.
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Represented By
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Defendant
Joe Loomis
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Represented By
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Defendant
Molly Loomis
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Represented By
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Defendant
Dana Riisager
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Represented By
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Defendant
Ron Riisager
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Represented By
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Defendant
Heather Silvis
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Represented By
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Defendant
Velocity Solar Power Installations, LLC
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Represented By
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Defendant
Velocity Solar Power, Inc.
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Represented By
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Defendant
Emmett Edward Wyrick
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Represented By
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Defendant
Erika Wyrick
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Represented By
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Plaintiff
Erik Fox
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Represented By
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GPO
Aug 04 2023
ORDER signed by Senior Judge John A. Mendez on 08/03/23 VACATING any hearing dates currently set and REFERRING CASE to Magistrate Judge Kendall J. Newman. New Case Number 2:23-cv-01319 KJN. (Licea Chavez, V). |
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GPO
Feb 06 2024
ORDER signed by Magistrate Judge Kendall J. Newman on 02/06/24 DENYING 22 Request for Judicial Notice GRANTING 5 Motion to Compel. Plaintiff's claims are STAYED pending a determination of their arbitrability. (Licea Chavez, V) |
| Docket last updated: 15 minutes ago |
| Friday, April 11, 2025 | ||
| 29 | 29
order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Fri 04/11 2:56 PM
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Chi Soo Kim on 4/11/2025: On February 6, 2024, the Court issued an order granting Defendants Velocity Solar Power, Inc.; Velocity Solar Power Installations, Inc.; Darin Dowd; Jennifer Dowd; Ron Riisager; Dana Riisager; Emmett Edward Wyrick; Erika Wyrick; Joe Loomis; Molly Loomis; and Heather Silvis's motion to compel arbitration and staying the claims pending a determination of their arbitrability. (ECF No. 25.) The parties are ORDERED to file a joint status report updating the Court on the status of this case within thirty (30) days. (Text Only Entry) (Deputy Clerk AW) |
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| Thursday, April 10, 2025 | ||
| 28 | 28
notice
Notice of Change of Address
Thu 04/10 4:28 PM
NOTICE of CHANGE of ADDRESS by Julie D. McElroy. (McElroy, Julie) |
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| Thursday, September 26, 2024 | ||
| 27 | 27
notice
Notice of Change of Address
Thu 09/26 3:47 PM
NOTICE of CHANGE of ADDRESS by Benjamin M. Johnson. (Johnson, Benjamin) |
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| Tuesday, April 02, 2024 | ||
| 26 | 26
1
pgs
misc
Order Reassigning Magistrate Judge As Presider
Tue 04/02 8:16 AM
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of *Magistrate Judge Chi Soo Kim* to the bench of the Eastern District of California, this action is reassigned from *Magistrate Judge Kendall J. Newman* to Magistrate Judge Chi Soo Kim for all further proceedings. (Woodson, A) |
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| Tuesday, February 06, 2024 | ||
| 25 | 25
6
pgs
order
Order Order on Motion to Compel
Tue 02/06 10:47 AM
ORDER signed by Magistrate Judge Kendall J. Newman on 02/06/24 DENYING22 Request for Judicial Notice GRANTING5 Motion to Compel. Plaintiff's claims are STAYED pending a determination of their arbitrability. (Licea Chavez, V) |
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| Wednesday, November 08, 2023 | ||
| 24 | 24
misc
Opposition
Wed 11/08 10:24 PM
OPPOSITION by Defendant Velocity Solar Power, Inc. to22 Request for Judicial Notice. (Johnson, Benjamin) |
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| Tuesday, October 24, 2023 | ||
| 23 | 23
misc
Association of Counsel
Tue 10/24 3:13 PM
ASSOCIATION of ATTORNEY: Added attorney Julie D. McElroy for Granite Bay Excavating, Inc.. (McElroy, Julie) |
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| 22 | 22
respm
Request for Judicial Notice
Tue 10/24 2:09 PM
REQUEST for JUDICIAL NOTICE by Erik Fox in re8 Opposition to Motion.(Turner, Marcus) |
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Att: 1
Exhibit 1-10,
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Att: 2
Exhibit 11-18
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| Friday, October 20, 2023 | ||
| 21 | 21
misc
Association of Counsel
Fri 10/20 8:44 AM
ASSOCIATION of ATTORNEY: Added attorney Julie D. McElroy for Granite Bay Excavating, Inc.. (Jacobsen, Karen) |
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| Thursday, October 19, 2023 | ||
| 20 | 20
order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Thu 10/19 3:44 PM
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Kendall J. Newman on 10/19/2023: The hearing on the defendant's Motion to Compel Arbitration and Stay Proceedings (ECF No.5 ), now calendared for 10/31/2023 is ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). The hearing date of 10/31/2023 is VACATED. Any additional filings should be submitted in accordance with the original motion hearing date. If the Court subsequently concludes that oral argument or supplemental briefing is necessary, a hearing will be set and the parties notified accordingly. (TEXT ONLY ENTRY) (Waldrop, A) |
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| Friday, September 15, 2023 | ||
| 19 | 19
order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Fri 09/15 3:57 PM
MINUTE ORDER issued by Courtroom Deputy E. Argento for Magistrate Judge Kendall J. Newman on 09/15/2023 GRANTING the parties' Stipulation to Continue the motion hearing (ECF No.18 ). The hearing on the Defendant's Motion to Compel Arbitration and Stay Proceedings (ECF No.5 ) is RESET to 10/31/2023 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The hearing will take place via ZOOM and parties will receive instructions from the court on how to appear closer to the hearing date. (Text Only Entry) (Argento, E.) |
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| Thursday, September 14, 2023 | ||
| 18 | 18
misc
Stipulation and Proposed Order
Thu 09/14 5:53 PM
STIPULATION and PROPOSED ORDER for Order to Continue Hearing on Motion to Compel Arbitration and Order Thereon re 16 Minute Order,, Set/Reset Motion Hearing, by American Contractors Indemnity Company, Darin Dowd, Jennifer Dowd, Joe Loomis, Molly Loomis, Dana Riisager, Ron Riisager, Heather Silvis, Velocity Solar Power Installations, LLC, Velocity Solar Power, Inc., Emmett Edward Wyrick, Erika Wyrick. (Johnson, Benjamin) |
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| Tuesday, August 29, 2023 | ||
| 17 | 17
12
pgs
misc
Status Report
Tue 08/29 5:28 PM
JOINT STATUS REPORT by Erik Fox. (Kohls, Daniel) |
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| Tuesday, August 08, 2023 | ||
| 16 | 16
order
Minute Order ~Util - Set/Reset Motion Hearing
Tue 08/08 9:40 AM
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Kendall J. Newman on 8/8/2023: In light of the Consent Order assigning this matter to Judge Newman (ECF No.15 ), the hearing on the defendant's Motion to Compel Arbitration and Stay Proceedings (ECF No,5 ), is RESET for 9/26/2023 at 09:00 AM before Magistrate Judge Kendall J. Newman. The hearing will take place via Zoom and parties will receive instructions on how to appear. (TEXT ONLY ENTRY) (Waldrop, A) |
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| Friday, August 04, 2023 | ||
| 15 | 15
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pgs
order
Order
Fri 08/04 11:56 AM
ORDER signed by Senior Judge John A. Mendez on 08/03/23 VACATING any hearing dates currently set and REFERRING CASE to Magistrate Judge Kendall J. Newman. New Case Number 2:23-cv-01319 KJN. (Licea Chavez, V) |
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| Thursday, August 03, 2023 | ||
| 14 | 14
misc
Clerk's Notice of Docket Correction
Thu 08/03 11:30 AM
CLERK'S NOTICE of DOCKET CORRECTION Please DISREGARD re [ 13 ] Consent Minute Order, issued in error. [Text only] |
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| Wednesday, August 02, 2023 | ||
| 13 | 13
order
Consent Minute Order
Wed 08/02 4:59 PM
CONSENT MINUTE ORDER (Text Only) signed by Chief Judge Kimberly J. Mueller on 8/2/2023: All parties have consented to the jurisdiction of a United States Magistrate Judge for all further proceedings in this action, including trial and entry of judgment, pursuant to 28 U.S.C. 636(c)(1). Accordingly, this Court AUTHORIZES the action to proceed before the assigned United States Magistrate Judge for all further proceedings including trial and entry of judgment. All further papers filed in this action shall bear the case number 2:23-CV-1319 JAM KJN |
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| Tuesday, August 01, 2023 | ||
| 12 | 12
misc
Consent/Decline of U.S. Magistrate Judge Jurisdiction
Tue 08/01 9:32 AM
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Kohls, Daniel) |
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| Monday, July 31, 2023 | ||
| 11 | 11
misc
Consent/Decline of U.S. Magistrate Judge Jurisdiction
Mon 07/31 5:21 PM
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Mandel, Garret) |
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| 10 | 10
11
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misc
Reply
Mon 07/31 3:53 PM
REPLY by American Contractors Indemnity Company, Darin Dowd, Jennifer Dowd, Joe Loomis, Molly Loomis, Dana Riisager, Ron Riisager, Heather Silvis, Velocity Solar Power Installations, LLC, Velocity Solar Power, Inc., Emmett Edward Wyrick, Erika Wyrick re5 Motion to Compel,.(Johnson, Benjamin) |
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Att: 1
Declaration Supp. Dec - Darin Dowd,
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Att: 2
Declaration Declaration of Heather Silvis,
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Att: 3
Declaration Supp. Dec - Ron Riisager,
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Att: 4
12 pgs
Exhibit Exhibit to Ron Riisager's Supp. Dec.
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| Friday, July 28, 2023 | ||
| 9 | 9
misc
Consent/Decline of U.S. Magistrate Judge Jurisdiction
Fri 07/28 4:06 PM
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Johnson, Benjamin) |
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| Friday, July 21, 2023 | ||
| 8 | 8
respm
Opposition to Motion
Fri 07/21 5:54 PM
OPPOSITION by Erik Fox to5 Motion to Compel,.(Kohls, Daniel) |
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Att: 1
Notice Objectiion to Evidence,
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Att: 2
6 pgs
Declaration Declaration of Erik Fox,
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Att: 3
3 pgs
Declaration Declaration of Marcus Turner
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| Thursday, July 20, 2023 | ||
| 7 | 7
notice
Notice (Other)
Thu 07/20 10:57 AM
NOTICE of Association of Counsel by Erik Fox. (Turner, Marcus) |
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| Wednesday, July 12, 2023 | ||
| 6 | 6
service
Certificate / Proof of Service
Wed 07/12 6:39 PM
CERTIFICATE / PROOF of SERVICE by American Contractors Indemnity Company, Darin Dowd, Jennifer Dowd, Joe Loomis, Molly Loomis, Dana Riisager, Ron Riisager, Heather Silvis, Velocity Solar Power Installations, LLC, Velocity Solar Power, Inc., Emmett Edward Wyrick, Erika Wyrick. (Johnson, Benjamin) |
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| Friday, July 07, 2023 | ||
| 5 | 5
3
pgs
motion
Compel
Fri 07/07 5:45 PM
MOTION to COMPEL Arbitration and Stay Proceedings by American Contractors Indemnity Company, Darin Dowd, Jennifer Dowd, Joe Loomis, Molly Loomis, Dana Riisager, Ron Riisager, Heather Silvis, Velocity Solar Power Installations, LLC, Velocity Solar Power, Inc., Emmett Edward Wyrick, Erika Wyrick. Attorney Johnson, Benjamin M. added. Motion Hearing set for 9/12/2023 at 01:30 PM in Courtroom 6 (JAM) before Senior Judge John A. Mendez.(Johnson, Benjamin) |
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Att: 1
10 pgs
Memorandum of Points and Authorities in Support of Motion to Compel Arbitration,
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Att: 2
Declaration of Benjamin M. Johnson in Support to Motion Compel Arbitration,
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Att: 3
3 pgs
Declaration of Ron Riisager in Support of Motion to Compel Arbitration,
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Att: 4
Proposed Order Granting Motion to Compel Arbitration
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| Thursday, July 06, 2023 | ||
| 4 | 4
2
pgs
utility
Civil Cover Sheet
Thu 07/06 2:50 PM
CIVIL COVER SHEET filed by all defendants (Johnson, Benjamin) |
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| 3 | 3
3
pgs
misc
Civil New Case Documents for JAM
Thu 07/06 11:38 AM
CIVIL NEW CASE DOCUMENTS ISSUED (Perdue, C.) |
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Att: 1
Consent Form,
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Att: 2
Order re Filing Requirements,
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Att: 3
VDRP
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| Friday, June 30, 2023 | ||
| 2 | 2
2
pgs
CERTIFICATE OF COMPLIANCE by Defendants (Johnson, Benjamin)
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| 1 | 1
3
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NOTICE of REMOVAL from Placer County Superior Court, case number S-CV-0050569 by defendants. (Filing fee $ 402, receipt number ACAEDC-10941854)(Johnson, Benjamin)
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F
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