Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Square D. Co. v. Anderson

November 13, 2008

SQUARE D. COMPANY, PLAINTIFF,
v.
CHAWN PHILLIP ANDERSON, HEATHER MARIE APODACA, FORMERLY D/B/A AA&M ELECTRIC, AND AA&M ELECTRIC, INC., DEFENDANTS.



STATUS (PRETRIAL SCHEDULING) ORDER

This action proceeds before the undersigned pursuant to E. D. Cal. L. R. 72-302(c)(21). The case is premised on allegations that defendants violated the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962 (c). Plaintiff is incorporated in Delaware, with its principal place of business in Palatine, Illinois. The individual defendants are married, citizens of California and domiciled in San Joaquin County, and were the sole proprietors of (doing business as) defendant AA&M Electric until it was incorporated in January 2007, in California, as AA&M Electric, Inc., with its principal place of business in Tracy, California.

On November 12, 2008, this case came before the undersigned for a status (pretrial scheduling) conference. Robert Swanson appeared on behalf of plaintiff; the individual defendants appeared and represented themselves in pro se; corporate defendant AA&M Electric, Inc. (hereafter "AA&M, Inc.") was not represented.

After hearing, and pursuant to the parties' joint status report filed August 29, 2008, the court enters the following scheduling order: REPRESENTATION FOR AA&M, INC.

The court explained to the individual defendants that AA&M, Inc., as a corporation, must be represented by legal counsel in order to proceed in this case and avoid default.*fn1 The individual defendants stated that they tendered the defense of AA&M, Inc. to its insurer approximately three months ago. Whether such counsel is provided by the corporation's insurer or is retained by the individual defendants, AA&M, Inc., must have legal representation to proceed

Accordingly, defendants were given 14 days, or until November 26, 2008, within which to obtain legal representation for AA&M, Inc. Should counsel not be obtained for AA&M, Inc., within that period, plaintiff may request entry of default and move for default judgment against AA&M Inc.

SERVICE OF PROCESS

At the time of the hearing, no returns of service had been filed, although the individual defendants did not dispute service of process upon them. After the hearing, plaintiff filed returns demonstrating personal service of process upon each of the individual defendants on July 1, 2008, and personal service of process upon an authorized agent for corporate defendant AA&M, Inc., on June 16, 2008.

Accordingly, each of the defendants has been served and no further service is permitted except with leave of court, good cause having been shown.

JOINDER OF PARTIES/AMENDMENTS

No further joinder of parties or amendments to pleadings is permitted except with leave of court, good cause having been shown.

JURISDICTION/VENUE

Jurisdiction is undisputed and is hereby found to be proper, as is venue.

MOTION HEARING SCHEDULES

All law and motion except as to discovery is left open, save and except that it shall be conducted so as to be completed by November 4, 2009. The word "completed" in this context means that all law and motion matters must be heard by the above date. Counsel (and/or pro se parties)*fn2 are cautioned to refer to the local rules regarding the requirements for noticing such motions on the court's regularly scheduled law and motion calendar. This paragraph does not preclude motions for continuances, temporary restraining orders ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.