This case was last updated from U.S. District Courts on 08/04/2019 at 07:01:04 (UTC).

Everest Systems Company v. Platinum Roofing, Inc.

Case Summary

On 06/05/2019 Everest Systems Company filed a Contract - Other Contract lawsuit against Platinum Roofing, Inc. This case was filed in U.S. District Courts, California Northern District Court. The Judges overseeing this case are Nathanael M. Cousins and Beth Labson Freeman. The case status is Disposed - Other Disposed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:19-CV-03133

  • Filing Date:

    06/05/2019

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Contract - Other Contract

Judge Details

Referral Judge

Nathanael M. Cousins

Presiding Judge

Beth Labson Freeman

 

Party Details

Plaintiff and Counter Defendant

Everest Systems Company

Defendant and Counter Claimant

Platinum Roofing, Inc.

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorney

Brian Michael Kandel

Attorney at Book & Book LLP

1414 Soquel Avenue, Suite 203

Santa Cruz, CA 95062

Defendant and Counter Claimant Attorney

Yosef Peretz

Attorney at Peretz & Associates

22 Battery Street, Suite 200

San Francisco, CA 94111

 

Court Documents

19 #2

Certified Docket

19 #1

Certified Order to Remand

#19

#18

12 #8

Certificate/Proof of Service

12 #7

Proposed Order

12 #2

Exhibit 1 to Kandel Declaration

12 #1

Declaration Of Brian M. Kandel

#12

7 #1

Notice of Eligibility for Video Recording

#7

#5

4 #1

Certificate/Proof of Service

#4

#3

1 #2

Civil Cover Sheet

1 #1

Declaration of Yosef Peretz in Support of Notice of Removal

#1

27 More Documents Available

 

Docket Entries

  • 07/29/2019
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  • Docket(#19) Case Remanded to Santa Clara County Superior Court per dkt #18 Order Discharging Order to Show Cause: Vacating October 10, 2019 Hearing; Granting Motion to Remand (Attachments: #1 Certified Order to Remand) (sfbS, COURT STAFF) (Filed on 7/29/2019) (Additional attachment(s) added on 7/29/2019: #2 Certified Docket) (sfbS, COURT STAFF). (Entered: 07/29/2019)

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  • 07/26/2019
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  • Docket(#18) ORDER DISCHARGING #9 ORDER TO SHOW CAUSE; VACATING OCTOBER 10, 2019 HEARING; GRANTING #12 MOTION TO REMAND. Signed by Judge Beth Labson Freeman on 7/26/2019.(blflc2S, COURT STAFF) (Filed on 7/26/2019) (Entered: 07/26/2019)

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  • 07/19/2019
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  • Docket(#17) REPLY (re #12 MOTION to Remand ; Memorandum of Points and Authorities In Support Thereof ) filed byEverest Systems Company. (Attachments: #1 Declaration Of Brian M. Kandel In Support of Plaintiff's Request for Attorney's Fees And Costs, #2 Certificate/Proof of Service)(Kandel, Brian) (Filed on 7/19/2019) (Entered: 07/19/2019)

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  • 07/19/2019
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  • Docket(#16) OPPOSITION/RESPONSE (re #12 MOTION to Remand ; Memorandum of Points and Authorities In Support Thereof ) ; Memorandum of Points and Authorities filed byPlatinum Roofing, Inc.. (Attachments: #1 Declaration of Yosef Peretz in Opposition to Plaintiff's Motion to Remand)(Peretz, Yosef) (Filed on 7/19/2019) (Entered: 07/19/2019)

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  • 07/12/2019
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  • Docket(#15) ORDER GRANTING #14 JOINT STIPULATION TO EXTEND DEADLINE TO RESPOND TO FIRST AMENDED ANSWER TO COMPLAINT. Signed by Judge Beth Labson Freeman on 7/12/2019.(blflc2S, COURT STAFF) (Filed on 7/12/2019) (Entered: 07/12/2019)

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  • 07/12/2019
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  • Docket(#14) STIPULATION WITH PROPOSED ORDER re #10 Amended Answer to Complaint,, Counterclaim, filed by Everest Systems Company. (Kandel, Brian) (Filed on 7/12/2019) (Entered: 07/12/2019)

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  • 07/08/2019
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  • Docket(#13) CLERK'S NOTICE RESETTING MOTION HEARING as to #12 MOTION to Remand ; Memorandum of Points and Authorities In Support Thereof.Motion Hearing set for 10/10/2019 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. (This is a text-only entry generated by the court. There is no document associated with this entry.)(tshS, COURT STAFF) (Filed on 7/8/2019) (Entered: 07/08/2019)

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  • 07/05/2019
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  • Docket(#12) MOTION to Remand ; Memorandum of Points and Authorities In Support Thereof filed by Everest Systems Company. Motion Hearing set for 8/22/2019 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 7/19/2019. Replies due by 7/26/2019. (Attachments: #1 Declaration Of Brian M. Kandel, #2 Exhibit 1 to Kandel Declaration, #3 Exhibit 2 to Kandel Declaration, #4 Exhibit 3 to Kandel Declaration, #5 Request for Judicial Notice, #6 Exhibit 1 to Request for Judicial Notice, #7 Proposed Order, #8 Certificate/Proof of Service)(Kandel, Brian) (Filed on 7/5/2019) (Entered: 07/05/2019)

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  • 07/03/2019
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  • Docket(#11) RESPONSE TO ORDER TO SHOW CAUSE by Platinum Roofing, Inc. . (Peretz, Yosef) (Filed on 7/3/2019) (Entered: 07/03/2019)

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  • 06/26/2019
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  • Docket(#10) AMENDED ANSWER to 1 Removal Complaint, Demand for Jury Trial, and, COUNTERCLAIM (Eight Causes of Action) against Everest Systems Company byPlatinum Roofing, Inc.. (Peretz, Yosef) (Filed on 6/26/2019) Modified on 6/27/2019 (sfbS, COURT STAFF). (Entered: 06/26/2019)

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  • 06/21/2019
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  • Docket(#9) ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE REMANDED FOR LACK OF SUBJECT MATTER JURISDICTION. Signed by Judge Beth Labson Freeman on 6/21/2019. (blflc2S, COURT STAFF) (Filed on 6/21/2019) (Entered: 06/21/2019)

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  • 06/20/2019
  • Docket(#8) CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT.Case Management Statement due by 10/3/2019. Initial Case Management Conference set for 10/10/2019 11:00 AM in San Jose, Courtroom 3, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.)(tshS, COURT STAFF) (Filed on 6/20/2019) (Entered: 06/21/2019)

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  • 06/20/2019
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  • Docket(#7) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Beth Labson Freeman for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins remains as referral judge assigned to case. Reassignment Order signed by Clerk on 6/20/2019. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 6/20/2019) (Entered: 06/20/2019)

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  • 06/20/2019
  • Docket(#6) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 6/20/2019) (Entered: 06/20/2019)

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  • 06/20/2019
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  • Docket(#5) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Platinum Roofing, Inc... (Peretz, Yosef) (Filed on 6/20/2019) (Entered: 06/20/2019)

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  • 06/19/2019
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  • Docket(#4) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Everest Systems Company.. (Attachments: #1 Certificate/Proof of Service)(Kandel, Brian) (Filed on 6/19/2019) (Entered: 06/19/2019)

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  • 06/06/2019
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  • Docket(#3) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/28/2019. Initial Case Management Conference set for 9/4/2019 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 6/6/2019) (Entered: 06/06/2019)

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  • 06/05/2019
  • Docket(#1) Answer to Removal Complaint (See 1-1, Exhibit 6 of Removal Complaint) by Platinum Roofing, Inc. (sfbS, COURT STAFF) (Filed on 6/5/2019) (Entered: 06/06/2019)

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  • 06/05/2019
  • Docket(#2) Case assigned to Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/19/2019. (bwS, COURT STAFF) (Filed on 6/5/2019) (Entered: 06/06/2019)

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  • 06/05/2019
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  • Docket(#1) NOTICE OF REMOVAL from Santa Clara Superior Court. Their case number is 19CV344761. (Filing fee $400 receipt number 0971-13411802). Filed byPlatinum Roofing, Inc.. (Attachments: #1 Declaration of Yosef Peretz in Support of Notice of Removal, #2 Civil Cover Sheet)(Peretz, Yosef) (Filed on 6/5/2019) (Entered: 06/05/2019)

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