Darren Kawai v. The NOCO Company

5:24-cv-01295 | California Central District Court

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Division Riverside (Eastern Division)
Judge Judge John F. Walter
Filed June 20, 2024
Case Flags ACCO, (SPx), DISCOVERY, and MANADR
Magistrate Magistrate Judge Sheri Pym
Nature of Suit 190 Contract - Other
Cause 28:1441 Notice of Removal - Breach of Contract
Demand $5,000,000
Jury Demand Plaintiff
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Upcoming Events
5 Weeks
  • 5/5/2025
Discovery cut-off 5/5/2025.
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7 Weeks
  • 5/19/2025
Motions due by 5/19/2025.
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10 Weeks
  • 6/11/2025
Motions in Limine to be filed by 6/11/2025.
Status Report due by 6/11/2025.
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3 Months
  • 6/27/2025
Pretrial Conference set for 6/27/2025 08:00 AM before Judge John F. Walter.
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3 Months
  • 7/11/2025
Motion set for hearing on 7/11/2025 at 08:00 AM before Judge John F. Walter.
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3 Months
  • 7/22/2025
Jury Trial set for 7/22/2025 08:30 AM before Judge John F. Walter.
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Filing Date # Docket Text
12/20/2024ORDER GRANTING STIPULATED DISMISSAL OF CLAIMS 58 by Judge John F. Walter. Plaintiff's Complaint is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a). Case Terminated. Made JS-6. (iv)
11/22/2024MINUTES (IN CHAMBERS) ORDER DENYING MOTION TO INTERVENE AND FOR LEAVE TO AMEND THE COMPLAINT TO SUBSTITUTE THE NAMED PLAINTIFF [filed 10/10/24; Docket No. 45 ]; and ORDER DENYING MOTION TO AMEND THE CASE MANAGEMENT ORDER [filed 10/10/24; Docket No. 46 ] by Judge John F. Walter. Beaudry's Motion to Intervene is DENIED, and his Motion to Amend is DENIED as moot. (iv) (Entered: 11/23/2024)
11/14/2024MINUTES (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION MOTION TO INTERVENE AND FOR LEAVE TO AMEND THE COMPLAINT TO SUBSTITUTE THE NAMED PLAINTIFF [filed 10/10/24; Docket No. 45 ]; and ORDER TAKING UNDER SUBMISSION MOTION TO AMEND THE CASE MANAGEMENT ORDER [filed 10/10/24; Docket No. 46 ] by Judge John F. Walter. The Court finds that these matters are appropriate for decision without oral argument. The hearing calendared for November 18, 2024, is hereby vacated and the matters are taken off calendar. The matters will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (iv) (Entered: 11/15/2024)
11/13/2024Joint STIPULATION to Waive Oral Argument NOTICE OF MOTION AND MOTION to Intervene and for Leave to Amend the Complaint to Substitute the Named Plaintiff 45 , NOTICE OF MOTION AND MOTION to Amend Order,,, Set/Reset Deadlines/Hearings,, 36 46 filed by Defendant The NOCO Company.(Plourde, Eric) (Entered: 11/13/2024)
11/6/2024NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Intervene and for Leave to Amend the Complaint to Substitute the Named Plaintiff 45 (Attachments: # 1 Proposed Order Proposed Statement of Decision to Motion to Intervene and Amend)(Plourde, Eric) (Entered: 11/06/2024)
11/6/2024NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Amend Order,,, Set/Reset Deadlines/Hearings,, 36 46 (Attachments: # 1 Proposed Order Proposed Statement of Decision to Motion to Amend Case Management Schedule)(Plourde, Eric) (Entered: 11/06/2024)
11/6/2024NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Amend Order,,, Set/Reset Deadlines/Hearings,, 36 46 (Attachments: # 1 Proposed Order [Proposed] Statement of Decision Granting Plaintiffs Motion to Amend The Case Management Order)(Merriman, Michael) (Entered: 11/06/2024)
11/6/2024NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Intervene and for Leave to Amend the Complaint to Substitute the Named Plaintiff 45 (Attachments: # 1 Proposed Order [Proposed] Statement of Decision Granting Plaintiffs Motion to Intervene and for Leave to Amend the Complaint to Substitute the Named Plaintiff)(Merriman, Michael) (Entered: 11/06/2024)
11/4/2024REPLY in support of NOTICE OF MOTION AND MOTION to Amend Order,,, Set/Reset Deadlines/Hearings,, 36 46 filed by Plaintiff Darren Kawai. (Merriman, Michael) (Entered: 11/04/2024)
11/4/2024REPLY in support of NOTICE OF MOTION AND MOTION to Intervene and for Leave to Amend the Complaint to Substitute the Named Plaintiff 45 filed by Plaintiff Darren Kawai. (Merriman, Michael) (Entered: 11/04/2024)
10/28/2024MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Amend Order,,, Set/Reset Deadlines/Hearings,, 36 46 filed by Defendant The NOCO Company. (Plourde, Eric) (Entered: 10/28/2024)
10/28/2024MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Intervene and for Leave to Amend the Complaint to Substitute the Named Plaintiff 45 filed by Defendant The NOCO Company. (Attachments: # 1 Declaration of Eric Plourde, # 2 Exhibit A)(Plourde, Eric) (Entered: 10/28/2024)
10/10/2024 NOTICE OF MOTION AND MOTION to Amend Order,,, Set/Reset Deadlines/Hearings,, 36 filed by Plaintiff Darren Kawai. Motion set for hearing on 11/18/2024 at 01:30 PM before Judge John F. Walter. (Attachments: # 1 Exhibit A- Declaration of Michael Merriman, # 2 Exhibit B- Proposed Order) (Merriman, Michael) (Entered: 10/10/2024)
10/10/2024 NOTICE OF MOTION AND MOTION to Intervene and for Leave to Amend the Complaint to Substitute the Named Plaintiff filed by Plaintiff Darren Kawai. Motion set for hearing on 11/18/2024 at 01:30 PM before Judge John F. Walter. (Attachments: # 1 Exhibit A- Amended Complaint, # 2 Exhibit B- Declaration of Peter Beaudry, # 3 Exhibit C- Redline of Original Complaint, # 4 Exhibit D- Proposed Order) (Merriman, Michael) (Entered: 10/10/2024)
10/10/202444Text Entry Order STRIKING Motion to Intervene. Hearing date is untimely 43 .THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY (Entered: 10/10/2024)
10/10/2024 NOTICE OF MOTION AND MOTION to Intervene and for Leave to Amend the Complaint to Substitute the Named Plaintiff filed by Plaintiff Darren Kawai. (Attachments: # 1 Exhibit A- Amended Complaint, # 2 Exhibit B- Declaration of Peter Beaudry, # 3 Exhibit C- Redline of Original Complaint) (Merriman, Michael) (Entered: 10/10/2024)
9/30/2024STATEMENT of Local Rule 7-3 Conference filed by Plaintiff Darren Kawai, Defendant The NOCO Company (Joint) (Merriman, Michael) (Entered: 09/30/2024)
9/13/2024Notice of Suggestion of Death filed by Plaintiff Darren Kawai. (Attachments: # 1 Exhibit A - Obituary of Darren Tokuo Kawai)(Merriman, Michael) (Entered: 09/13/2024)
9/11/2024Notice of Appearance or Withdrawal of Counsel: for attorney Raymond K. Chan counsel for Defendant The NOCO Company. Raymond K. Chan 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 The NOCO Company. (Chan, Raymond) (Entered: 09/11/2024)
9/11/2024Notice of Appearance or Withdrawal of Counsel: for attorney Emily Michelle Marsh counsel for Defendant The NOCO Company. Adding Emily Michelle Marsh as counsel of record for The NOCO Company for the reason indicated in the G-123 Notice. Filed by Attorney Emily M. Marsh. (Attorney Emily Michelle Marsh added to party The NOCO Company(pty:dft))(Marsh, Emily) (Entered: 09/11/2024)
8/19/2024STATEMENT re Local Rule 7-3 Conference filed by Defendant The NOCO Company (Plourde, Eric) (Entered: 08/19/2024)
7/15/2024ANSWER to Complaint - (Discovery) filed by Defendant The NOCO Company.(Plourde, Eric) (Entered: 07/15/2024)
7/15/2024SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. Discovery cut-off 5/5/2025. Motions due by 5/19/2025. Motions in Limine to be filed by 6/11/2025. Status Report due by 6/11/2025. Last date to conduct settlement conference is 2/3/2025. Jury Trial set for 7/22/2025 08:30 AM before Judge John F. Walter. Motion set for hearing on 7/11/2025 at 08:00 AM before Judge John F. Walter. Pretrial Conference set for 6/27/2025 08:00 AM before Judge John F. Walter. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm) (Entered: 07/15/2024)
7/15/2024ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on July 29, 2024 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby orders this case referred to: ADR Procedure No. 3: Private mediation. The ADR proceeding is to be completed no later than: February 3, 2025. The Joint Report re: Results of Settlement Conference is due on: February 7, 2025. (rolm) (Entered: 07/15/2024)
7/12/2024 JOINT REPORT of Parties, pursuant to this Courts June 24, 2024 Order filed by Plaintiff Darren Kawai. (Merriman, Michael) (Entered: 07/12/2024)
7/11/2024STATEMENT Joint Statement Re Local Rule 7-3 Conference filed by Plaintiff Darren Kawai (Merriman, Michael) (Entered: 07/11/2024)
7/2/2024ORDER RE: STIPULATION TO CONTINUE SCHEDULING CONFERENCE 22 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv) (Entered: 07/02/2024)
7/2/202431ORDER by Judge John F. Walter: finding as moot 18 ; granting 27 Non-Resident Attorney Robert E. Zulandt III APPLICATION to Appear Pro Hac Vice on behalf of Defendant The NOCO Company, designating Raymond K. Chan as local counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY (sbou) (Entered: 07/02/2024)
7/2/202430ORDER by Judge John F. Walter: finding as moot 17 granting 26 Non-Resident Attorney Kyle D. Stroup APPLICATION to Appear Pro Hac Vice on behalf of Defendant The NOCO Company, designating Raymond K. Chan as local counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY (sbou) (Entered: 07/02/2024)
7/2/202429ORDER by Judge John F. Walter: finding as moot 16 ; granting 25 Non-Resident Attorney Jon J. Pinney APPLICATION to Appear Pro Hac Vice on behalf of Defendant The NOCO Company, designating Raymond K. Chan as local counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY (sbou) (Entered: 07/02/2024)
7/1/2024DECLARATION of Eric A. Plourde as Lead Trial Counsel filed by Defendant The NOCO Company. (Plourde, Eric) (Entered: 07/01/2024)
7/1/2024 APPLICATION of Non-Resident Attorney Robert E. Zulandt III to Appear Pro Hac Vice on behalf of Defendant The NOCO Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37753338) filed by Defendant The NOCO Company. (Attachments: # 1 Proposed Order) (Chan, Raymond) (Entered: 07/01/2024)
7/1/2024 APPLICATION of Non-Resident Attorney Kyle D. Stroup to Appear Pro Hac Vice on behalf of Defendant The NOCO Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37753267) filed by Defendant The NOCO Company. (Attachments: # 1 Proposed Order) (Chan, Raymond) (Entered: 07/01/2024)
7/1/2024 APPLICATION of Non-Resident Attorney Jon J. Pinney to Appear Pro Hac Vice on behalf of Defendant The NOCO Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. BCACDC-37753045) filed by Defendant The NOCO Company. (Attachments: # 1 Proposed Order) (Chan, Raymond) (Entered: 07/01/2024)
7/1/2024DECLARATION of Michael Merriman as Lead Counsel filed by Plaintiff Darren Kawai. (Merriman, Michael) (Entered: 07/01/2024)
7/1/2024 NOTICE of Interested Parties filed by Plaintiff Darren Kawai, (Merriman, Michael) (Entered: 07/01/2024)
7/1/2024 STIPULATION to Continue Scheduling Conference from July 29, 2024 to August 19, 2024 filed by Plaintiff Darren Kawai. (Attachments: # 1 Declaration in Support of Stipulation to Continue Scheduling Conference (Standing Order 7), # 2 Proposed Order Re: Stipulation to Continue Scheduling Conference)(Merriman, Michael) (Entered: 07/01/2024)
7/1/2024Notice of Appearance or Withdrawal of Counsel: for attorney Raymond K. Chan counsel for Defendant The NOCO Company. Adding Raymond K. Chan as counsel of record for Defendant The NOCO Company for the reason indicated in the G-123 Notice. Filed by Defendant The NOCO Company. (Attorney Raymond K. Chan added to party The NOCO Company(pty:dft))(Chan, Raymond) (Entered: 07/01/2024)
6/28/2024NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Kyle D. Stroup to Appear Pro Hac Vice on behalf of Defendant The NOCO Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37741166) 17 , APPLICATION of Non-Resident Attorney Jon J. Pinney to Appear Pro Hac Vice on behalf of Defendant The NOCO Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37741043) 16 , APPLICATION of Non-Resident Attorney Robert E. Zulandt III to Appear Pro Hac Vice on behalf of Defendant The NOCO Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37741258) 18 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District for the practice of law, in which the attorney is physically present on a regular basis to conduct business. (sbou) (Entered: 06/28/2024)
6/28/2024NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Supplement 14 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. Pleading is a State Court Form. Documents should be attached to a Notice of Lodging. 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. (iv) (Entered: 06/28/2024)
6/28/2024 APPLICATION of Non-Resident Attorney Robert E. Zulandt III to Appear Pro Hac Vice on behalf of Defendant The NOCO Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37741258) filed by Defendant The NOCO Company. (Attachments: # 1 Proposed Order) (Plourde, Eric) (Entered: 06/28/2024)
6/28/2024 APPLICATION of Non-Resident Attorney Kyle D. Stroup to Appear Pro Hac Vice on behalf of Defendant The NOCO Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37741166) filed by Defendant The NOCO Company. (Attachments: # 1 Proposed Order) (Plourde, Eric) (Entered: 06/28/2024)
6/28/2024 APPLICATION of Non-Resident Attorney Jon J. Pinney to Appear Pro Hac Vice on behalf of Defendant The NOCO Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37741043) filed by Defendant The NOCO Company. (Attachments: # 1 Proposed Order) (Plourde, Eric) (Entered: 06/28/2024)
6/27/2024SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening), 1 filed by Defendant The NOCO Company. (Attachments: # 1 ADR Information, # 2 Notice of Department Assignment, # 3 Notice of Case Management Conference, # 4 Class Action Case Management Order #1, # 5 Plaintiff's Case Management Conference Statement)(Plourde, Eric) (Entered: 06/27/2024)
6/26/2024ORDER Re: Stipulation to extend Time to Respond to Initial Complaint By Not More Than 30 Days 13 by Judge John F. Walter. The Court hereby enters approves extension of the deadline for Defendant THE NOCO COMPANY to answer or otherwise respond to Plaintiff DARREN KAWAI's Class Action Complaint from the current deadline of 6/27/2024 to 7/15/2024. (jp) (Entered: 06/27/2024)
6/26/2024 STIPULATION Extending Time to Answer the complaint as to The NOCO Company answer now due 7/15/2024, re Complaint - (Discovery) filed by Defendant The NOCO Company. (Attachments: # 1 Proposed Order)(Plourde, Eric) (Entered: 06/26/2024)
6/24/2024MINUTE (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for July 29, 2024 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before July 12, 2024. (iv) (Entered: 06/24/2024)
6/24/2024STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv) (Entered: 06/24/2024)
6/23/2024NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Robert E Zulandt. 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. (car) (Entered: 06/23/2024)
6/23/2024NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kyle D. Stroup. 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. (car) (Entered: 06/23/2024)
6/23/2024NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jon J Pinney. 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. (car) (Entered: 06/23/2024)
6/23/2024Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) (Entered: 06/23/2024)
6/23/2024NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 06/23/2024)
6/23/2024NOTICE OF ASSIGNMENT of Eastern Division Removal Case and Notice re Consent to proceed before a U.S. Magistrate Judge. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Sheri Pym for discovery. Pursuant to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges, this case has been randomly reassigned to District Judge John F. Walter. The case number on all documents filed with the Court in this case should read as follows: 5:24-cv-01295 JFW (SPx). (car) (Entered: 06/23/2024)
6/21/2024CERTIFICATE OF SERVICE filed by Defendant The NOCO Company, served on June 20, 2024. (Plourde, Eric) (Entered: 06/21/2024)
6/20/2024CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Darren Kawai, upon Defendant The NOCO Company served on 5/22/2024, answer due 6/12/2024. Service of the Summons and Complaint were executed upon David Koch, a person authorized to accept service, white male, 40s, 5'9, 225 lbs, brown hair, brown eyes in compliance with California Code of Civil Procedure by personal service. Filed in State Court on 5/31/2024 Submitted with Attachment 4 to Notice of Removal 1 (car) (Entered: 06/23/2024)
6/20/2024CONFORMED COPY OF COMPLAINT against Defendant The NOCO Company. Jury Demanded, filed by Plaintiff Darren Kawai. Filed in State Court on 4/15/2024 Submitted with Attachment 1 to Notice of Removal 1 (car) (Entered: 06/23/2024)
6/20/2024CORPORATE DISCLOSURE STATEMENT and Notice of Interested Parties filed by Defendant The NOCO Company (Plourde, Eric) (Entered: 06/20/2024)
6/20/2024 CIVIL COVER SHEET filed by Defendant The NOCO Company. (Plourde, Eric) (Entered: 06/20/2024)
6/20/2024NOTICE OF REMOVAL from Riverside, case number CVRI2402042 Receipt No: ACACDC-37693075 - Fee: $405, filed by Defendant The NOCO Company. (Attachments: # 1 Complaint, # 2 Summons, # 3 Civil Cover Sheet, # 4 Proof of Service of Summons, # 5 Minute Order of June 13, 2024, # 6 State Court Docket) (Attorney Eric Andrew Plourde added to party The NOCO Company(pty:dft))(Plourde, Eric) (Entered: 06/20/2024)