Customized Distribution Services, Inc. v. Kids Healthy Foods, LLC

California Central District Court
Judge:	Kenly Kiya Kato
Referred:	David T Bristow
Case #:	5:24-cv-01348
Nature of Suit	190 Contract - Other Contract
Cause	28:1332 Diversity-Breach of Contract

Case Filed:	Jun 27, 2024
Terminated:	Oct 22, 2024

Docket
Parties (3)

Last checked: Tuesday Dec 24, 2024 12:19 AM PST

Defendant Does
Defendant Kids Healthy Foods LLC
Plaintiff Customized Distribution Services, Inc.	Represented By Andrew V Jablon Resch Polster And Berger LLP contact info

Docket last updated: 1 hours ago

Tuesday, January 28, 2025
47		47 service USM-285 Service of non-complaint documents - Executed Tue 01/28 10:26 AM PROCESS RECEIPT AND RETURN (USM-285) of Writ of Execution44 , returned executed upon Costco Wholesale Corporation on 12/20/2024. Remarks: 1) 1 Deputy 12/20/24 32 miles 1 hour - process served. (aco) Related: [-]
Wednesday, November 20, 2024
46		46 2 pgs order Order Wed 11/20 4:23 PM ORDER RE REQUEST FOR SERVICE OF PROCESS BY REGISTERED PROCESS SERVER45 by Judge Kenly Kiya Kato. IT IS HEREBY ORDERED THAT: A Registered Process Server at ACE Attorney Service, who is at least 18 years of age, of suitable discretion and not a party to the within action, be authorized and appointed to serve process, including the writs of execution and related documents in the above case. (rolm) Related: [-]
Tuesday, November 19, 2024
45		45 notice Notice of Lodging Tue 11/19 10:59 AM NOTICE OF LODGING filed [Proposed] Order Re Request For Service Of Process By Registered Process Server re Writ of Execution - Issued44 , Affidavit and Request for Issuance of Writ of Execution43(Jablon, Andrew) Related: [-]
		Att: 1 Proposed Order
Thursday, November 14, 2024
44		44 misc Writ of Execution - Issued Thu 11/14 3:40 PM Writ of Execution issued against Kids Healthy Foods LLC re: Affidavit and Request for Issuance of Writ of Execution43 . (bm) Related: [-]
43		43 misc Affidavit and Request for Issuance of Writ of Execution Thu 11/14 2:33 PM Affidavit and Request for Issuance of Writ of Execution filed by Plaintiff Customized Distribution Services, Inc..(Jablon, Andrew) Related: [-]
		Att: 1 Proposed Writ
42		42 notice Withdrawal (Document or Motion) Thu 11/14 11:15 AM Notice of Withdrawal of Errata,35 filed by Plaintiff Customized Distribution Services, Inc.. (Jablon, Andrew) Related: [-]
Wednesday, November 13, 2024
41		41 notice Deficiency in Filed Documents (G-112A) - optional html form Wed 11/13 4:04 PM AMENDED NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Affidavit and Request for Issuance of Writ of Execution39 . The following error(s) was/were found: The clerk cannot issue the writ of execution request because a notice of errata is pending regarding the clerks default judgment and a request for an amended default judgment35 . 1.The court has not yet addressed deficiency36 . 2. It appears the filer wants the writ issued based on the original default judgment39 . 3. The filer has not filed a notice of withdrawal for the errata and request for an amended default judgment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) Related: [-]
Thursday, November 07, 2024
40		40 notice Deficiency in Filed Documents (G-112A) - optional html form Thu 11/07 3:18 PM NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Affidavit and Request for Issuance of Writ of Execution39 . The following error(s) was/were found: Final Judgment has not been entered. A Writ of Execution can not be issued on Default Judgment by Clerk. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (aco) Related: [-]
Wednesday, November 06, 2024
39		39 misc Affidavit and Request for Issuance of Writ of Execution Wed 11/06 10:32 AM Affidavit and Request for Issuance of Writ of Execution filed by Plaintiff Customized Distribution Services, Inc..(Jablon, Andrew) Related: [-]
		Att: 1 Proposed Writ
38		38 notice Deficiency - Writ of Execution (CV-52c) - optional html form Wed 11/06 9:24 AM NOTICE OF DEFICIENCY WRIT OF EXECUTION. The document is being returned to you for correction of: 1. If there are no amounts for principal, attorney fees, costs or interest, please enter a zero (0) on each line. 2. Improper form used. Documents must be submitted on forms CV-24 and CV-23. A CV-24 was not submitted. (aco) Related: [-]
Tuesday, November 05, 2024
37		37 misc Affidavit and Request for Issuance of Writ of Execution Tue 11/05 4:40 PM Affidavit and Request for Issuance of Writ of Execution filed by Plaintiff Customized Distribution Services, Inc..(Jablon, Andrew) Related: [-]
		Att: 1 Proposed Writ of Execution
Friday, November 01, 2024
36		36 notice Deficiency in Filed Documents (G-112A) - optional html form Fri 11/01 2:23 PM NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Notice of Errata35 . The following error(s) was/were found: The clerk does not have authority to issue a Nunc Pro Tunc amended clerk's judgment without the court's approval. If this is what is being requested, counsel should formally notice this for court hearing In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) Related: [-]
Tuesday, October 29, 2024
35		35 misc Errata Tue 10/29 5:29 PM NOTICE OF ERRATA filed by Plaintiff Customized Distribution Services, Inc.. correcting Clerks Entry of Default Judgment,,33 Notice Of Errata Re Clerks Default Judgment; And Request To Submit Corrected [Proposed] Amended Default Judgment By Clerk(Jablon, Andrew) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2
Tuesday, October 22, 2024
34		34 misc Bill of Costs (CV-59) - Issued Tue 10/22 2:39 PM BILL OF COSTS. Costs Taxed in amount of $ 1,018.25 in favor of Plaintiff Customized Distribution Services, Inc. and against Defendant Kids Healthy Foods LLC. RE: APPLICATION to the Clerk to Tax Costs against Defendant Kids Healthy Foods LLC32 (bm) Related: [-]
33		33 order Clerks Entry of Default JUDGMENT Tue 10/22 2:34 PM DEFAULT JUDGMENT by Clerk entered in favor of Customized Distribution Services, Inc. against Kids Healthy Foods LLC. Default Judgment is entered that CDS, recover from KHF, the sum of $225,083.53, plus attorney's fees in the amount of $8,101.67 and costs of $1,018.25 and interest according to law from the date of this judgment until the entire amount is paid. The judgment is entered by the Clerk at the request of CDS and upon affidavit that said amount is due, in accordance with Rule 55(b)(1) of the Federal Rules of Civil Procedure. Related to: Corrected APPLICATION for Default Judgment29 . MD JS-6 (bm) Related: [-]
Monday, October 21, 2024
32		32 motion Clerk to Tax Costs (CV-59) Mon 10/21 4:43 PM APPLICATION to the Clerk to Tax Costs against Defendant Kids Healthy Foods LLC filed by Plaintiff Customized Distribution Services, Inc.. (Jablon, Andrew) Related: [-]
		Att: 1 Receipt to Tab 1,
		Att: 2 Receipt to Tab 2
Monday, September 30, 2024
31		31 misc Bill of Costs (CV-59) - Issued Mon 09/30 12:56 PM BILL OF COSTS. RE: APPLICATION to the Clerk to Tax Costs against Defendant Kids Healthy Foods LLC30 (jcw) Related: [-]
Friday, August 16, 2024
30		30 motion Clerk to Tax Costs (CV-59) Fri 08/16 2:34 PM APPLICATION to the Clerk to Tax Costs against Defendant Kids Healthy Foods LLC filed by Plaintiff Customized Distribution Services, Inc.. (Jablon, Andrew) Related: [-]
		Att: 1 Receipt 1,
		Att: 2 Receipt 2
29		29 motion Default Judgment Fri 08/16 2:32 PM Corrected APPLICATION for Default Judgment against Defendant Kids Healthy Foods, LLC, an Oregon limited liability company filed by Plaintiff Customized Distribution Services, Inc.. (Jablon, Andrew) Related: [-]
		Att: 1 Declaration of Andrew V. Jablon,
		Att: 2 Declaration of Elise Adams,
		Att: 3 Exhibit 1,
		Att: 4 Exhibit 2,
		Att: 5 Exhibit 3,
		Att: 6 Proposed Default Judgment,
		Att: 7 Proof of Service
28		28 notice Deficiency - Default /Default Judgment (CV-52b) - optional html form Fri 08/16 11:44 AM NOTICE OF DEFICIENCY Re: Corrected APPLICATION for Default Judgment against Defendant Kids Healthy Foods, LLC, an Oregon limited liability company26 , APPLICATION to the Clerk to Tax Costs against Defendant Customized Distribution Services, Inc.27 . The Clerk cannot enter the requested relief as: Attorney Fees sought not in compliance with Local Rule 55-3. Attorney fees calculated in the amount of the judgment of $8,606.09 exceed the amount authorized of $8,101.67. Default Judgment needs to be issued before Application to Clerk to Tax Costs can be filed and entered. Requesting party shall file a new Request/Application and Application to Clerk to Tax Costs with noted deficiencies corrected in order to have default judgment reconsidered. (bm) Related: [-]
Wednesday, August 14, 2024
27		27 motion Clerk to Tax Costs (CV-59) Wed 08/14 12:35 PM APPLICATION to the Clerk to Tax Costs against Defendant Customized Distribution Services, Inc. filed by Plaintiff Customized Distribution Services, Inc.. (Jablon, Andrew) Related: [-]
		Att: 1 Receipt 1,
		Att: 2 Receipt 2
26		26 motion Default Judgment Wed 08/14 12:32 PM Corrected APPLICATION for Default Judgment against Defendant Kids Healthy Foods, LLC, an Oregon limited liability company filed by Plaintiff Customized Distribution Services, Inc.. (Jablon, Andrew) Related: [-]
		Att: 1 Declaration,
		Att: 2 Declaration,
		Att: 3 Exhibit 1,
		Att: 4 Exhibit 2,
		Att: 5 Exhibit 3,
		Att: 6 Proposed Default Judgment,
		Att: 7 Proof of Service
Tuesday, August 13, 2024
25		25 notice Deficiency - Default /Default Judgment (CV-52b) - optional html form Tue 08/13 10:55 AM NOTICE OF DEFICIENCY Re: Corrected APPLICATION for Clerk to Enter Default against Defendant Kids Healthy Foods LLC17 . The Clerk cannot enter the requested relief as: Application for Clerk to Enter Default does not include a proposed default judgment, and the submitted Form AO 450 is inappropriate in lieu of a proposed Default Judgment by Clerk, which should be prepared in pleading form. The sums for principal, pre-judgment interest, attorney's fees, and costs should be indicated separately on a separate proposed Default Judgment by Clerk attachment and then a total amount should be indicated. Pre-judgment interest should also be supported by indicating the rate by which it was calculated as well as the date(s). In addition, Costs can be part of the Default Judgment, and should be a part of the resubmitted Application for clerk to enter default judgement as a separate, additional attachment to the clerks default judgment request. Please re-file the Application with all supporting documents. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default judgment reconsidered. (bm) Related: [-]
Monday, August 12, 2024
24		24 notice Clerical Error (G-11) Mon 08/12 3:51 PM NOTICE OF CLERICAL ERROR: Due to clerical error Re: Clerks Entry of Default (CV-37) - optional html form9 has been Amended to correct the name of the defendant to Kids Healthy Foods, LLc. (es) Related: [-]
22		22 notice Deficiency - Default /Default Judgment (CV-52b) - optional html form Mon 08/12 11:41 AM NOTICE OF DEFICIENCY Re: APPLICATION for Default Judgment against Defendant Kids Healthy Foods, LLC16 . The Clerk cannot enter the requested relief as: Attached document is a proposed judgment, not a Request for Clerk to Enter Default Judgment. (bm) Related: [-]
21		21 notice Deficiency - Default /Default Judgment (CV-52b) - optional html form Mon 08/12 11:38 AM NOTICE OF DEFICIENCY Re: APPLICATION for Clerk to Enter Default against Defendant Kids Healthy Foods LLC14 . The Clerk cannot enter the requested relief as: Docket entry text indicates Request for Clerk to Enter Default, however this is a Request for Default Judgment. The court notes that counsel has re-filed a corrected application for clerks default judgment. (bm) Related: [-]
Friday, August 09, 2024
20		20 order Initial Order upon Filing of Complaint - form only Fri 08/09 12:05 PM CIVIL STANDING ORDER by Judge Kenly Kiya Kato. (npo) Related: [-]
19		19 order Response By Court to Notice of Deficiencies (G-112B) - optional html form Fri 08/09 11:00 AM RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: APPLICATION for Default Judgment against Defendant Kids Healthy Foods, LLC10 by Judge Kenly Kiya Kato. The document is stricken. (aco) Related: [-]
18		18 service Proof of Service (subsequent documents) Fri 08/09 10:47 AM PROOF OF SERVICE filed by Plaintiff Customized Distribution Services, Inc., re APPLICATION to the Clerk to Tax Costs against Defendant Kids Healthy Foods LLC re: Clerks Entry of Default (CV-37) - optional html form9 ,15 , Notice of Reassignment (CV-87) of Magistrate Judge Direct Assignment Program,13 , Corrected APPLICATION for Clerk to Enter Default against Defendant Kids Healthy Foods LLC17 , APPLICATION for Default Judgment against Defendant Kids Healthy Foods, LLC16 served on August 8, 2024. (Jablon, Andrew) Related: [-]
17		17 motion Clerk to Enter Default Fri 08/09 10:28 AM Corrected APPLICATION for Clerk to Enter Default against Defendant Kids Healthy Foods LLC filed by Plaintiff Customized Distribution Services, Inc.. (Jablon, Andrew) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 Declaration 3
16		16 motion Default Judgment Fri 08/09 10:20 AM APPLICATION for Default Judgment against Defendant Kids Healthy Foods, LLC filed by Plaintiff Customized Distribution Services, Inc.. (Jablon, Andrew) Related: [-]
15		15 motion Clerk to Tax Costs (CV-59) Fri 08/09 10:15 AM APPLICATION to the Clerk to Tax Costs against Defendant Kids Healthy Foods LLC re: Clerks Entry of Default (CV-37) - optional html form9 , filed by Plaintiff Customized Distribution Services, Inc.. (Jablon, Andrew) Related: [-]
		Att: 1 Receipt to Tab 1 of Bill of Costs,
		Att: 2 Receipt to Tab 2 of Bill of Costs
14		14 motion Clerk to Enter Default Fri 08/09 10:06 AM APPLICATION for Clerk to Enter Default against Defendant Kids Healthy Foods LLC filed by Plaintiff Customized Distribution Services, Inc.. (Jablon, Andrew) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 Exhibit 3
Tuesday, August 06, 2024
13		13 notice Notice of Reassignment (CV-87) of Magistrate Judge Direct Assignment Program Tue 08/06 5:19 PM NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Sheri Pym to Judge Kenly Kiya Kato for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge David T. Bristow. The case number will now reflect the initials of the transferee Judges 5:24-cv-01348 KK(DTBx). (rn) Related: [-]
12		12 notice Deficiency - Default /Default Judgment (CV-52b) - optional html form Tue 08/06 10:19 AM NOTICE OF DEFICIENCY Re: APPLICATION for Default Judgment against Defendant Kids Healthy Foods, LLC10 . The Clerk cannot enter the requested relief as: Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default judgment reconsidered. The Application for Default Judgment is to be filed with the supporting documents: Application/Motion Request for Default Judgment; Lodged Proposed Judgment Related [+]; Bill of Costs pursuant to Local Rule 54-3 if requesting costs. (es) Related: [-] quired; for Clerk to issuequired
11		11 service Proof of Service (subsequent documents) Tue 08/06 6:54 AM PROOF OF SERVICE filed by Plaintiff Customized Distribution Services, Inc., re APPLICATION for Default Judgment against Defendant Kids Healthy Foods, LLC10 served on August 5, 2024. (Jablon, Andrew) Related: [-]
Friday, August 02, 2024
23		23 order Clerks Entry of Default (CV-37) - optional html form Mon 08/12 3:39 PM DEFAULT BY CLERK F.R.Civ.P.55(a) as to Kids Healthy Foods, LLC an Oregon limited liability company (es) Related: [-]
10		10 motion Default Judgment Fri 08/02 12:24 PM APPLICATION for Default Judgment against Defendant Kids Healthy Foods, LLC filed by Plaintiff Customized Distribution Services, Inc.. (Jablon, Andrew) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 Exhibit 3
9		9 order Clerks Entry of Default (CV-37) - optional html form Fri 08/02 10:01 AM DEFAULT BY CLERK F.R.Civ.P.55(a) as to Healthy Kids Foods, LLC (es) Related: [-]
Thursday, August 01, 2024
8		8 motion Clerk to Enter Default Thu 08/01 9:28 AM APPLICATION for Clerk to Enter Default against Defendant Kids Healthy Foods LLC filed by Plaintiff Customized Distribution Services, Inc.. (Jablon, Andrew) Related: [-]
Friday, July 19, 2024
7		7 service Service of Summons and Complaint Returned Executed (21 days) Fri 07/19 3:49 PM PROOF OF SERVICE Executed by Plaintiff Customized Distribution Services, Inc., upon Defendant Kids Healthy Foods LLC served on 7/10/2024, answer due 7/31/2024. Service of the Summons and Complaint were executed upon Diane McClelland, Authorized Agent for Kids Healthy Foods, LLC in compliance with Federal Rules of Civil Procedure by personal service (Jablon, Andrew) Related: [-]
Monday, July 01, 2024
6		6 service Summons Issued (Attorney Civil Case Opening) Mon 07/01 9:53 AM 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),1 as to Defendant Kids Healthy Foods LLC. (sh) Related: [-]
5		5 misc Notice to Counsel (CV-20a) Magistrate Judge Direct Assignment Program - optional html form Mon 07/01 9:52 AM NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Sheri Pym. (sh) Related: [-]
		Att: 1 CV-11C
Thursday, June 27, 2024
4		4 notice Summons Request Thu 06/27 11:47 AM Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),1 filed by Plaintiff Customized Distribution Services, Inc.. (Jablon, Andrew) Related: [-]
3		3 notice Certificate/Notice of Interested Parties Thu 06/27 11:45 AM NOTICE of Interested Parties filed by Plaintiff Customized Distribution Services, Inc., identifying Customized Distribution Services, Inc., Plaintiff; and Kids Healthy Foods, LLC, Defendant. (Jablon, Andrew) Related: [-]
2		2 misc Civil Cover Sheet (CV-71) Thu 06/27 11:42 AM CIVIL COVER SHEET filed by Plaintiff Customized Distribution Services, Inc.. (Jablon, Andrew) Related: [-]
1		1 cmp Complaint (Attorney Civil Case Opening) Thu 06/27 11:41 AM COMPLAINT Receipt No: ACACDC-37733351 - Fee: $405, filed by Plaintiff Customized Distribution Services, Inc.. (Attorney Andrew V Jablon added to party Customized Distribution Services, Inc.(pty:pla))(Jablon, Andrew) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 Exhibit 3

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