CM/ECF - California Central District https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?857887740151...

(MANx), DISCOVERY

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

(Western Division - Los Angeles)
CIVIL DOCKET FOR CASE #: 2:10-cv-08253-DDP -MAN

Eyal Volkmar et al v. BRP USA Inc Date Filed: 11/01/2010

Assigned to: Judge Dean D. Pregerson Jury Demand: Both
Referred to: Magistrate Judge Margaret A. Nagle Nature of Suit: 195 Contract Product
Case in other court: Superior Court of CA Los Angeles Liability
County, BC445824 Jurisdiction: Diversity
Cause: 28:1441 Notice of Removal - Contract Dispute
Plaintiff
Eyal Volkmar represented by Britton D Monts
The Monts Firm
401 Congress Avenue Suite 1540
Austin, TX 78701
512 382 6092
Fax: 512 692 2981
PRO HAC VICE
ATTORNEY TO BE NOTICED

Graham B LippSmith
Girardi and Keese LLP
1126 Wilshire Boulevard
Los Angeles, CA 90017-1904
213-977 0211
Fax: 213-481-1554
Email: glippsmith@girardikeese.com
ATTORNEY TO BE NOTICED

Heather E Bridges
The Monts Firm
401 Congress Avenue Suite 1540
Austin, TX 78701
512 382 6092
Fax: 512 692 2981
PRO HAC VICE
ATTORNEY TO BE NOTICED

R Martin Weber , Jr
Crowley Norman LLP

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Three Riveway Suite 1775

Houston, TX 77056
713-651-1771
Fax: 713-651-1775
Email: mweber@crowleynorman.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Richard E Norman
Crowley Norman LLP
Three Riverway Suite 1775
Houston, TX 77056
713-651-1771
Fax: 713-651-1775
Email: rnorman@crowleynorman.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Plaintiff
Carlos Bertrand represented by Britton D Monts
on behalf of themselves and all others (See above for address)
similarly situated PRO HAC VICE
ATTORNEY TO BE NOTICED

Graham B LippSmith
(See above for address)
ATTORNEY TO BE NOTICED

Heather E Bridges
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

R Martin Weber , Jr
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

Richard E Norman
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

V.

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Defendant
BRP USA Inc represented by Anastasia Kinney Mazzella
Murchison and Cumming LLP
801 South Grand Avenue 9th Floor
Los Angeles, CA 90017-4613
213-623-7400
Fax: 213-623-6336
Email: amazzella@murchisonlaw.com
ATTORNEY TO BE NOTICED

Friedrich W Seitz
Murchison and Cumming LLP
801 South Grand Avenue 9th Floor
Los Angeles, CA 90017
213-623-7400
Fax: 213-623-6336
Email: fseitz@murchisonlaw.com
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

11/01/2010 1 NOTICE OF REMOVAL from the Superior Court of CA, Los Angeles County,
case number BC445824 with CONFORMED copies of summons and complaint.
Case assigned to Judge Ronald S.W. Lew, discovery to Magistrate Judge
Margaret A Nagle; (Filing fee $ 350 PAID ); filed by defendant BRP USA
Inc.(esa) (mg). (Entered: 11/03/2010)
11/01/2010 2 NOTICE OF INTERESTED PARTIES AND CORPORATE DISCLOSURES
filed by defendant BRP USA Inc, identifying Other Affiliate BRP US Inc (esa
BRP USA Inc), Other Affiliate Bombardier Recreational Products Inc for BRP
USA Inc. (esa) (mg). (Entered: 11/03/2010)
11/01/2010 3 CERTIFICATE OF SERVICE filed by defendant BRP USA Inc, served on
11/1/10. (esa) (mg). (Entered: 11/03/2010)
11/03/2010 4 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to
attorney Britton D Monts for Plaintiffs Carlos Bertrand, Eyal Volkmar. Your Pro
Hac Vice application has not been received by the court. Please return your
completed Application of Non-Resident Attorney to Appear in a Specific Case,
form G-64, or a copy of the Notice of Electronic Filing of your application and
the $275.00 fee and this notice immediately. Out-of-state federal government
attorneys who are not employed by the U. S. Department of Justice are required
to file a Pro Hac Vice application; no filing fee is required. (esa) (Entered:
11/03/2010)

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11/03/2010 5 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to
attorney Heather E Bridges for Plaintiffs Carlos Bertrand, Eyal Volkmar. Your
Pro Hac Vice application has not been received by the court. Please return your
completed Application of Non-Resident Attorney to Appear in a Specific Case,
form G-64, or a copy of the Notice of Electronic Filing of your application and
the $275.00 fee and this notice immediately. Out-of-state federal government
attorneys who are not employed by the U. S. Department of Justice are required
to file a Pro Hac Vice application; no filing fee is required. (esa) (Entered:
11/03/2010)
11/03/2010 6 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to
attorney R Martin Weber, Jr for Plaintiffs Carlos Bertrand, Eyal Volkmar. Your
Pro Hac Vice application has not been received by the court. Please return your
completed Application of Non-Resident Attorney to Appear in a Specific Case,
form G-64, or a copy of the Notice of Electronic Filing of your application and
the $275.00 fee and this notice immediately. Out-of-state federal government
attorneys who are not employed by the U. S. Department of Justice are required
to file a Pro Hac Vice application; no filing fee is required. (esa) (Entered:
11/03/2010)
11/03/2010 7 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to
attorney Richard E Norman for Plaintiffs Carlos Bertrand, Eyal Volkmar. Your
Pro Hac Vice application has not been received by the court. Please return your
completed Application of Non-Resident Attorney to Appear in a Specific Case,
form G-64, or a copy of the Notice of Electronic Filing of your application and
the $275.00 fee and this notice immediately. Out-of-state federal government
attorneys who are not employed by the U. S. Department of Justice are required
to file a Pro Hac Vice application; no filing fee is required. (esa) (Entered:
11/03/2010)
11/08/2010 8 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W.
Lew. ORDER case returned to the Clerk for random reassignment pursuant to
General Order 08-05. Case randomly reassigned from Judge Ronald S.W. Lew
to Judge R. Gary Klausner for all further proceedings. The case number will
now reflect the initials of the transferee Judge CV 10-08253 RGK (MANx). (rn)
(Entered: 11/08/2010)
11/08/2010 9 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant
BRP USA Inc. Motion set for hearing on 12/13/2010 at 09:00 AM before Judge
R. Gary Klausner. (Mazzella, Anastasia) (Entered: 11/08/2010)
11/09/2010 10 NOTICE OF LODGING filed by BRP US INC re MOTION to Dismiss Case 9
(Attachments: # 1 Proposed Order re Motion to Dismiss Complaint)(Mazzella,
Anastasia) (Entered: 11/09/2010)
11/09/2010 11 NOTICE OF SERVICE filed by DEFENDANT BRP USA Inc, Judge R. Gary
Klausner's Standing Order for Newly Assigned Cases served on November 9,

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2010. (Mazzella, Anastasia) (Entered: 11/09/2010)

11/12/2010 12 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles
Superior Court filed by Plaintiff Eyal Volkmar. Motion set for hearing on
12/13/2010 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1
Memorandum, # 2 Proposed Order)(LippSmith, Graham) (Entered: 11/12/2010)
11/12/2010 15 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R.
G. Klausner: READ THIS ORDER CAREFULLY; IT CONTROLS THIS
CASE; Memoranda of Points and Authorities in support of or in opposition to
motions shall not exceed 20 pages; replies shall not exceed 10 pages (see
document for further details). (jp) (Entered: 11/15/2010)
11/15/2010 13 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge R.
Gary Klausner: the following document(s) be STRICKEN for failure to comply
with the Local Rules, General Order and/or the Courts Case Management Order:
Motion to Remand Case to Los Angeles Superior Court 12 for the following
reasons: Local Rule 7.1-1 No Certification of Interested Parties and/or no copies.
(ake) (Entered: 11/15/2010)
11/15/2010 14 Notice of Interested Parties filed by Plaintiff Eyal Volkmar, (LippSmith,
Graham) (Entered: 11/15/2010)
11/15/2010 16 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles
Superior Court filed by Plaintiff Eyal Volkmar. Motion set for hearing on
12/13/2010 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1
Memorandum, # 2 Proposed Order)(LippSmith, Graham) (Entered: 11/15/2010)
11/15/2010 17 STIPULATION to Continue December 13, 2010 Oral Hearing and Plaintiff's
Response Date to Defendant's Motion to Dismiss Until Motion to Remand is
Decided from December 13, 2010 to Until Motion to Remand is Decided Re:
MOTION to Dismiss Case 9 filed by Plaintiff Eyal Volkmar. (Attachments: # 1
Proposed Order)(LippSmith, Graham) (Entered: 11/15/2010)
11/17/2010 18 ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order
08-05 by Judge R. Gary Klausner. Case transferred from Judge R. Gary
Klausner to the calendar of Judge Dean D. Pregerson for all further proceedings.
Case number now reads as CV 10-08253 DDP(MANx). (rn) (Entered:
11/17/2010)
11/19/2010 19 MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: COUNSEL ARE
NOTIFIED that on the Court's own motion the MOTION TO REMAND CASE
TO LOS ANGELES SUPERIOR COURT FILED BY PLAINTIFFEYAL
VOLKMAR 12 is hereby continued from December 13, 2010 to January 3, 2011
at 10:00 a.m. In addition, the MOTION TO REMAND CASE TO LOS
ANGELES SUPERIOR COURT FILED BY PLAINTIFF EYAL VOLKMAR
16 ) is VACATED as aduplicate to Docket Number 12. The MOTION TO
DISMISS CASE FILED BY DEFENDANT BRP USA INC. 9 is continued from

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December 13, 2010 to January 31, 2011 at 10:00 a.m. The STIPULATION TO
CONTINUE 17 is DENIED. (lc) (Entered: 11/19/2010)
11/24/2010 20 MINUTE ORDER (IN CHAMBERS) by Judge Dean D. Pregerson. This action
has been assigned to the calendar of Judge Dean D. Pregerson. Counsel are
encouraged to review the Central Districts website for additional information. It
is not necessary to clear a motion date with the Court Clerk prior to filing the
motion. The Court hears motions only on Mondays at 10:00 a.m. The Court
requires delivery of two non-blue backed Mandatory Chambers Copies of only
the following manual and electronically filed documents: (1) All noticed
motions and related documents; (2) All ex parte applications and related
documents; and (3) All exhibits and attachments must be separately tabbed.
[Refer to the Court's General Order No. 08-02 regarding ECF Courtesy Paper
Copies.] (sch) (Entered: 11/24/2010)
12/08/2010 21 APPLICATION for attorney R. Martin Weber, Jr. to Appear Pro Hac Vice(PHV
Fee of $275 receipt number 0973-7911689 paid.) filed by Plaintiff Carlos
Bertrand, Eyal Volkmar. (Attachments: # 1 Proposed Order on Application of
Non-Resident Attorney to Appear in a Specific Case)(LippSmith, Graham)
(Entered: 12/08/2010)
12/13/2010 22 OPPOSITION in opposition to re: MOTION to Remand Case to Los Angeles
Superior Court 12 filed by Defendant BRP USA Inc. (Attachments: # 1
Declaration of Julie Morel in support of BRP US INC.'s Opposition to Motion to
Remand)(Mazzella, Anastasia) (Entered: 12/13/2010)
12/16/2010 23 REPLY MOTION to Remand Case to Los Angeles Superior Court 16 filed by
Plaintiffs Carlos Bertrand, Eyal Volkmar. (LippSmith, Graham) (Entered:
12/16/2010)
12/21/2010 24 APPLICATION for attorney Richard E. Norman to Appear Pro Hac Vice(PHV
Fee of $275 receipt number 0973-7976985 paid.) filed by Plaintiff Carlos
Bertrand, Eyal Volkmar. (Attachments: # 1 Proposed Order)(LippSmith,
Graham) (Entered: 12/21/2010)
12/27/2010 25 MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: COUNSEL
ARE NOTIFIED that on the Court's own motion the MOTION TO REMAND
CASE TO LOS ANGELES SUPERIOR COURT FILED BY PLAINTIFF
EYAL VOLKMAR 12 is hereby continued from January 3, 2011 to January 10,
2011 at 10:00 a.m. (lc) (Entered: 12/27/2010)
12/30/2010 26 Joint REQUEST to Continue hearing on motion to dismiss from January 31,
2011 Re: Minutes of In Chambers Order/Directive - no proceeding held,
Set/Reset Motion Hearing and R&R Deadlines,, 25 , MOTION to Dismiss Case
9 filed by Joint Carlos Bertrand, Eyal Volkmar. (Attachments: # 1 Proposed
Order)(LippSmith, Graham) (Entered: 12/30/2010)

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01/03/2011 27 MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: COUNSEL ARE

NOTIFIED that on the Court's own motion the MOTION TO DISMISS CASE
FILED BY DEFENDANT BRP USA INC. 9 ) is hereby continued from January
31, 2011 to February 28, 2011 at 10:00 a.m.In addition, the JOINT REQUEST
TO CONTINUE HEARING 26 is DENIED and VACATED. (lc) (Entered:
01/03/2011)
01/05/2011 28 MINUTES (IN CHAMBERS): ORDER by Judge Dean D. Pregerson.
COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION TO
REMAND CASE TO LOS ANGELES SUPERIOR COURT FILED BY
PLAINTIFF EYAL VOLKMAR 12 (FILED ON 11-12-10) set for January 10,
2011 at 10:00 a.m., is hereby taken off calendar, the hearing date vacated and
will be decided without oral argument. (sch) (Entered: 01/05/2011)
01/05/2011 29 ORDER by Judge Dean D. Pregerson: granting 24 Application to Appear Pro
Hac Vice by Attorney Richard E Norman on behalf of Plaintiff Eyal Volkmar
and Carlos Bertrand, designating Graham B Lippsmith as local counsel. (vh)
(Entered: 01/06/2011)
01/05/2011 30 ORDER by Judge Dean D. Pregerson: granting 21 Application to Appear Pro
Hac Vice by Attorney R Martin Weber, Jr. on behalf of Plaintiff Eyal Volkmar
and Carlos Bertrand, designating Graham B Lippsmith as local counsel. (vh)
(Entered: 01/06/2011)

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