Merkamerica Inc. v. Dell Marketing LP et al

California Central District Court
Judge:	Otis D Wright, II
Referred:	Rozella A Oliver
Case #:	2:20-cv-05408
Nature of Suit	190 Contract - Other Contract
Cause	28:1441 Notice of Removal -- Other Contract

Case Filed:	Jun 18, 2020
Terminated:	Oct 12, 2021
Case in other court:	California Superior Court, Los Angeles County, 20SMCV00664

Docket
Parties (3)

Last checked: Tuesday Dec 15, 2020 1:14 AM PST

Defendant Dell Marketing LP	Represented By Jesse Steinbach Alston And Bird LLP contact info Debra D Bernstein Alston And Bird LLP contact info
Defendant Does
Plaintiff Merkamerica Inc.	Represented By John Allen Case, Jr John A Case Jr Law Offices contact info

Docket last updated: 03/14/2025 11:59 PM PDT

Tuesday, October 12, 2021
41		41 order Minutes of In Chambers Order/Directive - no proceeding held ~Util - Terminate Deadlines and Hearings ~Util - Terminate Civil Case Tue 10/12 4:46 PM MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Pursuant to the parties' Stipulation of Dismissal with Prejudice40 and Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and 41(c), the Court ORDERS that: 1. The entire action and all claims and counterclaims asserted therein are hereby DISMISSED WITH PREJUDICE;2. Trial of this matter is VACATED; and 3. All other dates and deadlines in this action are VACATED and taken off calendar. The Clerk of the Court shall close the case. (Made JS-6. Case Terminated.) (lc) Related: [-]
Monday, October 11, 2021
40		40 stip Dismiss Case Mon 10/11 4:00 PM Joint STIPULATION to Dismiss Case pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and Fed. R. Civ. P. 41(C) filed by Defendant Dell Marketing LP.(Steinbach, Jesse) Related: [-]
		Att: 1 Proposed Order
Sunday, September 12, 2021
39		39 adr Mediation Report (ADR-3) Unable to Reach Agreement Sun 09/12 2:17 PM MEDIATION REPORT Filed by Mediator (ADR Panel) Sidney K Kanazawa: Mediation held on September 10, 2021. The parties are unable to reach an agreement at this time. Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link:[LINK:MediationParticipantSurvey] (Kanazawa, Sidney) Related: [-]
Thursday, June 10, 2021
38		38 order Protective Order Thu 06/10 2:37 PM STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order37 (dml) Related: [-]
Wednesday, June 09, 2021
37		37 stip Protective Order Wed 06/09 7:05 PM STIPULATION for Protective Order filed by Plaintiff Merkamerica Inc..(Case, John) Related: [-]
		Att: 1 Proposed Order
Friday, April 02, 2021
36		36 adr Notice of Assignment of Panel Mediator (ADR-11) Fri 04/02 11:17 AM NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Sidney K Kanazawa has been assigned to serve as Panel Mediator. (lst) Related: [-]
Thursday, April 01, 2021
35		35 adr Stipulation Regarding Selection of Panel Mediator (Consent) - (ADR-2) Thu 04/01 9:53 AM STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Sidney Kanazawa may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Merkamerica Inc., Counter Defendant Merkamerica Inc.(Case, John) Related: [-]
Monday, March 15, 2021
34		34 order Order/Referral to ADR (No 2) (Mediation Panel) (ADR-12) Mon 03/15 2:43 PM ORDER/REFERRAL to ADR Procedure No 2 by Judge Otis D. Wright, II. Case ordered to Court Mediation Panel for mediation. (lc) Related: [-]
33		33 order Scheduling Order ~Util - Terminate Hearings ~Util - Set/Reset Deadlines/Hearings Mon 03/15 2:42 PM SCHEDULING AND CASE MANAGEMENT ORDER (JURY TRIAL) by Judge Otis D. Wright, II. This Order is to advise the parties and counsel of the schedule that will govern this case. THE SCHEDULING CONFERENCE IS VACATED. Schedule of Trial and Pretrial Dates: Jury Trial : 4/19/22 9:00 AM; Hearing on Motions in Limine: 4/11/22 1:30 PM; Final Pretrial Conference: 3/28/22 1:30 PM. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES. (lc) Related: [-]
Friday, March 12, 2021
32		32 misc Joint Report Rule 26(f) Discovery Plan Fri 03/12 10:10 AM JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 days, jury trial requested, filed by Plaintiff Merkamerica Inc., Counter Defendant Merkamerica Inc... (Case, John) Related: [-]
Thursday, March 04, 2021
31		31 order Appear Pro Hac Vice Thu 03/04 10:46 AM ORDER GRANTING APPLICATION of Non-Resident Attorney Matthew D. Kent to Appear Pro Hac Vice on behalf of Defendant Dell Marketing LP and designating Jesse Steinbach as local counsel29 by Judge Otis D. Wright, II (lc) Related: [-]
30		30 order Appear Pro Hac Vice Thu 03/04 10:44 AM ORDER GRANTING APPLICATION of Non-Resident Attorney Bryan W. Lutz to Appear Pro Hac Vice on behalf of Defendant Dell Marketing LP and designating designating Jesse Steinbach as local counsel28 by Judge Otis D. Wright, II (lc) Related: [-]
Tuesday, March 02, 2021
29		29 motion Appear Pro Hac Vice (G-64) Tue 03/02 11:25 AM APPLICATION of Non-Resident Attorney Matthew D. Kent to Appear Pro Hac Vice on behalf of Defendant Dell Marketing LP (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30799699) filed by Defendant Dell Marketing LP. (Steinbach, Jesse) Related: [-]
		Att: 1 Proposed Order
28		28 motion Appear Pro Hac Vice (G-64) Tue 03/02 11:19 AM APPLICATION of Non-Resident Attorney Bryan W. Lutz to Appear Pro Hac Vice on behalf of Defendant Dell Marketing LP (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30799398) filed by Defendant Dell Marketing LP. (Steinbach, Jesse) Related: [-]
		Att: 1 Proposed Order
27		27 notice Notice of Appearance or Withdrawal of Counsel (G-123) Tue 03/02 10:43 AM Notice of Appearance or Withdrawal of Counsel: for attorney Jesse Steinbach counsel for Defendant Dell Marketing LP. Debra D. Bernstein is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Dell Marketing LP. (Steinbach, Jesse) Related: [-]
Tuesday, January 26, 2021
		textonly Text Only Bounced Notice of Electronic Filing E-mail Tue 01/26 3:40 PM Notice of Electronic Filing re Amended Answer to Complaint25 e-mailed to Debra Bernstein bounced due to No longer at firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) Related: [-]
Monday, January 25, 2021
25		25 respoth Amended Answer to Complaint Mon 01/25 4:17 PM AMENDED ANSWER to Counterclaim (ECF#21) to Complaint - (Discovery) and Demand for Jury Trial filed by Plaintiff and Counterdefendant Merkamerica Inc., Merkamerica Inc.. (Case, John) Related: [-]
Wednesday, January 06, 2021
24		24 notice Certificate/Notice of Interested Parties Wed 01/06 2:19 PM NOTICE of Interested Parties filed by Plaintiff and Counterdefendant Merkamerica Inc., Merkamerica Inc., identifying Steven Merker. (Case, John) Related: [-]
23		23 notice Deficiency in Electronically Filed Documents (G-112A) - optional html form Wed 01/06 1:25 PM NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to counterclaim by Merkamerica Inc22 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (lc) Related: [-]
Tuesday, January 05, 2021
22		22 answer Answer to Complaint (Discovery) Tue 01/05 12:20 PM ANSWER to Complaint - (Discovery) PLAINTIFF AND COUNTERDEFENDANT MERKAMERICA INC.'S ANSWER TO DEFENDANT AND COUNTERCLAIMANT DELL MARKETING LP'S COUNTERCLAIM (ECF#21) AND MERKAMERICA INC.'S DEMAND FOR JURY TRIAL filed by Plaintiff and Counterdefendant Merkamerica Inc., Merkamerica Inc..(Attorney John Allen Case, Jr added to party Merkamerica Inc.(pty:cd))(Case, John) Related: [-]
Tuesday, December 15, 2020
21		21 respoth Amended Answer to Complaint Tue 12/15 12:23 PM AMENDED ANSWER and COUNTERCLAIM filed by Defendant Dell Marketing LP. (Steinbach, Jesse) Related: [-]
Thursday, December 10, 2020
20		20 2 pgs order Order Thu 12/10 1:32 PM ORDER EXTENDING TIME TO FILE MOTION TO STRIKE AFFIRMATIVE DEFENSES IN ANSWER19 by Judge Otis D. Wright, II. The time for plaintiff Merkamerica Inc. to move to strike affirmative defenses in the Answer under Federal Rule of Civil Procedure 12(f) is extended through and including Tuesday, January 5, 2021. (iv) Related: [-]
Wednesday, December 09, 2020
19		19 stip Extension of Time to File Document Wed 12/09 2:41 PM STIPULATION for Extension of Time to File Motion to Strike Affirmative Defenses in Answer per FRCP 12(f) filed by Plaintiff Merkamerica Inc..(Case, John) Related: [-]
		Att: 1 Proposed Order
Wednesday, November 25, 2020
18		18 6 pgs order Order ~Util - Set/Reset Hearings Wed 11/25 1:15 PM ORDER that the Scheduling Conference is set for March 22, 2021 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc) Related: [-]
Tuesday, November 24, 2020
17		17 answer Answer to Complaint (Discovery) Tue 11/24 2:18 PM ANSWER to Complaint - (Discovery) with JURY DEMAND filed by Defendant Dell Marketing LP.(Steinbach, Jesse) Related: [-]
Tuesday, November 10, 2020
16		16 order Dismiss Case Tue 11/10 3:08 PM ORDER DENYING DEFENDANT'S MOTION TO DISMISS. Dell shall file its Answer to the Complaint in accordance with Federal Rule of Civil Procedure 12(a)(4)(A)11 by Judge Otis D. Wright, II (lc) Modified on 11/10/2020 (lc) Related: [-]
Monday, July 27, 2020
15		15 textonly Generic Text Only Entry Mon 07/27 12:54 PM The hearing on the MOTION TO DISMISS11 , scheduled for August 3, 2020 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) Related: [-]
Monday, July 20, 2020
14		14 respm Reply (Motion related) Mon 07/20 2:27 PM REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof 11 filed by Defendant Dell Marketing LP. (Steinbach, Jesse) Related: [-]
Monday, July 13, 2020
13		13 30+ pgs respm Memorandum in Opposition to Motion Mon 07/13 10:42 PM MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof 11 filed by Plaintiff Merkamerica Inc..(Case, John) Related: [-]
		Att: 1 Appendix A,
		Att: 2 Appendix B
Monday, June 29, 2020
12		12 order Appear Pro Hac Vice Mon 06/29 2:37 PM ORDER GRANTING APPLICATION of Non-Resident Attorney Debra D. Bernstein to Appear Pro Hac Vice on behalf of Defendant Dell Marketing LP and designating Jesse Steinbach as local counsel10 by Judge Otis D. Wright, II (lc) Related: [-]
Thursday, June 25, 2020
11		11 motion Dismiss Case Thu 06/25 12:11 PM NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof filed by Defendant Dell Marketing LP. Motion set for hearing on 8/3/2020 at 01:30 PM before Judge Otis D. Wright II. (Steinbach, Jesse) Related: [-]
		Att: 1 Declaration of Christopher Rich,
		Att: 2 Exhibit A to Rich Decl. (2013 Reseller Agreement),
		Att: 3 Exhibit B to Rich Decl. (2017 Reseller Agreement),
		Att: 4 Proposed Order Granting Motion to Dismiss
Friday, June 19, 2020
10		10 motion Appear Pro Hac Vice (G-64) Fri 06/19 2:10 PM APPLICATION of Non-Resident Attorney Debra D. Bernstein to Appear Pro Hac Vice on behalf of Defendant Dell Marketing LP (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26885598) filed by Defendant Dell Marketing LP. (Steinbach, Jesse) Related: [-]
		Att: 1 Proposed Order
9		9 order Minutes of In Chambers Order/Directive - no proceeding held Fri 06/19 1:09 PM MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc) Related: [-]
Thursday, June 18, 2020
8		8 service Proof of Service (subsequent documents) Thu 06/18 2:24 PM CERTIFICATE OF SERVICE filed by Defendant Dell Marketing LP, Regarding Notice to State Court and Adverse Party Regarding Removal to Federal Court served on 6/18/20.(Steinbach, Jesse) Related: [-]
		Att: 1 Exhibit A - Notice to State Court and Adverse Party Regarding Removal to Federal Court
7		7 service Proof of Service (subsequent documents) Thu 06/18 12:53 PM PROOF OF SERVICE filed by Defendant Dell Marketing LP, re Certificate/Notice of Interested Parties,3 , Civil Cover Sheet (CV-71)2 served on 6/18/2020. (Steinbach, Jesse) Related: [-]
6		6 attorney Pro Hac Vice Application Due (G-109) - optional html form Thu 06/18 12:13 PM NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Debra Bernstein. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) Related: [-]
5		5 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Thu 06/18 12:09 PM NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) Related: [-]
4		4 notice Notice of Assignment to United States Judges (CV-18) - optional html form Thu 06/18 12:09 PM NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Rozella A. Oliver. (esa) Related: [-]
3		3 notice Certificate/Notice of Interested Parties Thu 06/18 8:10 AM NOTICE of Interested Parties filed by Defendant Dell Marketing LP, identifying MerkAmerica, Inc., Dell Marketing L.P., Dell Marketing GP L.L.C., Dell Marketing LP L.L.C., Dell Marketing Corp., Dell Inc., Denali Intermediate Inc., Dell Technologies, Inc.. (Steinbach, Jesse) Related: [-]
2		2 misc Civil Cover Sheet (CV-71) Thu 06/18 8:00 AM CIVIL COVER SHEET filed by Defendant Dell Marketing LP. (Steinbach, Jesse) Related: [-]
1		1 notice Notice of Removal (Attorney Civil Case Opening) Thu 06/18 7:53 AM NOTICE OF REMOVAL from California Superior Court, Los Angeles County, case number 20SMCV00664 Receipt No: ACACDC-26861341 - Fee: $400, filed by Defendant Dell Marketing LP. (Attorney Jesse Steinbach added to party Dell Marketing LP(pty:dft))(Steinbach, Jesse) Related: [-]
		Att: 1 18 pgs Exhibit A - Complaint,
		Att: 2 Exhibit B - Other Process, Pleadings and Orders,
		Att: 3 Exhibit C - Notice to State Court and Adverse Party,
		Att: 4 Proof of Service
		cmp Complaint - (Discovery) Thu 06/18 11:56 AM CONFORMED COPY OF COMPLAINT against defendants Dell Marketing LP, Does, Jury Demanded, filed by plaintiff Merkamerica Inc. (filed in state court 5/5/20, submitted as document 1, attachment 1) (esa) Related: [-]
		service Service of Summons and Complaint Returned Executed (21 days) Thu 06/18 11:59 AM COPY OF NOTICE OF SERVICE OF PROCESS executed by Plaintiff Merkamerica Inc., upon Defendant Dell Marketing LP served on 5/19/2020. Service of the Summons and Complaint were executed upon CSC, Agent for Service of Process by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (non-conformed, submitted as document 1, attachment 2) (esa) Related: [-]

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