Brinker v. Axos Bank et al
| Jennifer Brear Brinker |
| Axos Bank, Axos Financial, Inc., John Tolla, Eshel Bar-Adon and Tom Constantine |
| 3:2022cv00386 |
| March 21, 2022 |
| US District Court for the Southern District of California |
| Michael M Anello |
| Mitchell D Dembin |
| David D Leshner |
| Civil Rights: Jobs |
| 18 U.S.C. § 1514 A Civil Action to Protect Against Retaliation in Fraud Cases |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 29
SUPPLEMENTAL DOCUMENT by Jennifer Brear Brinker re #28 Supplemental Document Defendants' Statement of Position. (Attachments: #1 Declaration)(King, Robert) (anh).
|
|
Filing 28
SUPPLEMENTAL DOCUMENT by Axos Bank, Axos Financial, Inc., Eshel Bar-Adon, Tom Constantine, John Tolla re #13 MOTION to Dismiss for Failure to State a Claim (Defendants' Statement of Position). (Plocky, Heather) (tcf).
|
|
Filing 27
ORDER Directing Response. The Court DIRECTS Defendants Axos Bank, Axos Financial, Inc., Eshel Bar-Adon, Tom Constantine, and John Tolla to file a statement of position on or before November 7, 2022. Plaintiff may then file her response, if any, on or before November 14, 2022. Signed by Judge Michael M. Anello on 10/31/2022. (fth)
|
|
Filing 26
Minute Order Taking Motions Under Submission: Defendants Axos Bank, Axos Financial, Inc., Eshel Bar-Adon, Tom Constantine, and John Tolla's #13 MOTION to Dismiss for Failure to State a Claim and #14 MOTION to Strike Paragraph 96 of the First Amended Complaint are currently set for hearing on October 24, 2022. The Court finds these matters suitable for determination on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the hearing shall be taken off calendar. SO ORDERED by Judge Michael M. Anello on October 19, 2022. (mac)
|
|
Filing 25
RESPONSE in Support re #13 MOTION to Dismiss for Failure to State a Claim , #14 MOTION to Strike Paragraph 96 of the First Amended Complaint filed by Axos Bank, Axos Financial, Inc., Eshel Bar-Adon, Tom Constantine, John Tolla. (Towill, Polly) (tcf).
|
|
Filing 24
AMENDED DOCUMENT by Jennifer Brear Brinker. Amendment to #23 Response in Opposition to Motion, Amended Compendium of Authorities. (King, Robert) (tcf).
|
|
Filing 23
RESPONSE in Opposition re #13 MOTION to Dismiss for Failure to State a Claim filed by Jennifer Brear Brinker. (Attachments: #1 Declaration, #2 Request for Judicial Notice, #3 Supplement Compendium of Authorities)(King, Robert) (tcf).
|
|
Filing 22
NOTICE of Appearance by Bethany M. Hill on behalf of Jennifer Brear Brinker (Hill, Bethany)Attorney Bethany M. Hill added to party Jennifer Brear Brinker(pty:pla) (exs).
|
|
Filing 21
Minute Order: The Court has rejected Plaintiff's Second Amended Complaint. See Doc. Nos. 19, 20. Accordingly, the briefing schedule set by the October 24, 2022 hearing on Defendants Axos Bank, Axos Financial, Inc., Eshel Bar-Adon, Tom Constantine, and John Tolla's #13 MOTION to Dismiss for Failure to State a Claim and #14 MOTION to Strike Paragraph 96 of the First Amended Complaint remains in effect. If Plaintiff wishes to file a Second Amended Complaint, she must seek leave of the Court or opposing party's written consent pursuant to Federal Rule of Civil Procedure 15(a)(2). SO ORDERED by Judge Michael M. Anello on October 5, 2022. (mac)
|
|
Filing 20
Notice of Document Discrepancies and Order Thereon by Judge Michael M. Anello Rejecting re #19 Amended Complaint, from Plaintiff Jennifer Brear Brinker. Non-compliance with Fed.R.Civ.P. 15(a)(2): Party may amend as a matter of course either with the opposing party's written consent, or with leave of court. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Michael M. Anello on 10/5/2022. (All non-registered users served via U.S. Mail Service) (tcf)
|
|
Filing 19
***Document STRICKEN per ECF #20 *** SECOND AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Jennifer Brear Brinker. (King, Robert) (tcf). (Additional attachment(s) added on 10/5/2022: #1 Stricken Document) (tcf). Modified to strike on 10/5/2022 (tcf).
|
|
Filing 18
NOTICE of Appearance of John Landry by John Michael Landry on behalf of Axos Bank, Axos Financial, Inc., Eshel Bar-Adon, Tom Constantine, John Tolla (Landry, John)Attorney John Michael Landry added to party Axos Bank(pty:dft), Attorney John Michael Landry added to party Axos Financial, Inc.(pty:dft), Attorney John Michael Landry added to party Eshel Bar-Adon(pty:dft), Attorney John Michael Landry added to party Tom Constantine(pty:dft), Attorney John Michael Landry added to party John Tolla(pty:dft) (tcf).
|
|
Filing 17
NOTICE of Appearance of Rachel P. Howard by Rachel Patta Howard on behalf of Axos Bank, Axos Financial, Inc., Eshel Bar-Adon, Tom Constantine, John Tolla (Howard, Rachel)Attorney Rachel Patta Howard added to party Axos Bank(pty:dft), Attorney Rachel Patta Howard added to party Axos Financial, Inc.(pty:dft), Attorney Rachel Patta Howard added to party Eshel Bar-Adon(pty:dft), Attorney Rachel Patta Howard added to party Tom Constantine(pty:dft), Attorney Rachel Patta Howard added to party John Tolla(pty:dft) (tcf).
|
|
Filing 16
NOTICE of Appearance of Heather L. Plocky by Heather Lynn Plocky on behalf of Axos Bank, Axos Financial, Inc., Eshel Bar-Adon, Tom Constantine, John Tolla (Plocky, Heather)Attorney Heather Lynn Plocky added to party Axos Bank(pty:dft), Attorney Heather Lynn Plocky added to party Axos Financial, Inc.(pty:dft), Attorney Heather Lynn Plocky added to party Eshel Bar-Adon(pty:dft), Attorney Heather Lynn Plocky added to party Tom Constantine(pty:dft), Attorney Heather Lynn Plocky added to party John Tolla(pty:dft) (tcf).
|
|
Filing 15
NOTICE OF WITHDRAWAL OF DOCUMENT by Tom Constantine, John Tolla, Axos Bank, Eshel Bar-Adon, Axos Financial, Inc. re #10 Notice of Appearance, filed by Tom Constantine, Axos Bank, Eshel Bar-Adon, Axos Financial, Inc., John Tolla, #11 Notice of Appearance, filed by Tom Constantine, Axos Bank, Eshel Bar-Adon, Axos Financial, Inc., John Tolla, #9 Notice of Appearance, filed by Tom Constantine, Axos Bank, Eshel Bar-Adon, Axos Financial, Inc., John Tolla. (Towill, Polly) (tcf).
|
|
Filing 14
MOTION to Strike Paragraph 96 of the First Amended Complaint by Axos Bank, Axos Financial, Inc., Eshel Bar-Adon, Tom Constantine, John Tolla. (Attachments: #1 Memo of Points and Authorities)(Towill, Polly) (tcf).
|
|
Filing 13
MOTION to Dismiss for Failure to State a Claim by Axos Bank, Axos Financial, Inc., Eshel Bar-Adon, Tom Constantine, John Tolla. (Attachments: #1 Memo of Points and Authorities)(Towill, Polly) (tcf).
|
|
Filing 12
Corporate Disclosure Statement by Axos Bank, Axos Financial, Inc., Eshel Bar-Adon, Tom Constantine, John Tolla identifying Other Affiliate Blackrock, Inc., a Delaware corporation for Axos Financial, Inc. (Towill, Polly) (tcf).
|
|
Filing 11
NOTICE of Appearance of Rachel P. Howard by Polly Towill on behalf of Axos Bank, Axos Financial, Inc., Eshel Bar-Adon, Tom Constantine, John Tolla (Towill, Polly) QC mailer sent re: attorney cannot file a notice of appearance on behalf of another attorney (tcf).
|
|
Filing 10
NOTICE of Appearance of John Landry by Polly Towill on behalf of Axos Bank, Axos Financial, Inc., Eshel Bar-Adon, Tom Constantine, John Tolla (Towill, Polly) QC mailer sent re: attorney cannot file a notice of appearance on behalf of another attorney (tcf).
|
|
Filing 9
NOTICE of Appearance of Heather L. Plocky by Polly Towill on behalf of Axos Bank, Axos Financial, Inc., Eshel Bar-Adon, Tom Constantine, John Tolla (Towill, Polly) QC mailer sent re: attorney cannot file a notice of appearance on behalf of another attorney (tcf).
|
|
Filing 8
NOTICE of Appearance of Polly Towill by Polly Towill on behalf of Axos Bank, Axos Financial, Inc., Eshel Bar-Adon, Tom Constantine, John Tolla (Towill, Polly)Attorney Polly Towill added to party Axos Bank(pty:dft), Attorney Polly Towill added to party Axos Financial, Inc.(pty:dft), Attorney Polly Towill added to party Eshel Bar-Adon(pty:dft), Attorney Polly Towill added to party Tom Constantine(pty:dft), Attorney Polly Towill added to party John Tolla(pty:dft) (tcf).
|
|
Filing 7
ORDER OF TRANSFER. Magistrate Judge Mitchell D. Dembin is no longer assigned. Case reassigned to Magistrate Judge David D. Leshner for all further proceedings. The new case number is 22-cv-00386-MMA-DDL. Signed by Magistrate Judge Mitchell D. Dembin on 8/15/2022. (All non-registered users served via U.S. Mail Service) (tcf)
|
|
Filing 6
ORDER Granting #5 Joint Motion for Extension of Time for Defendants to Respond to First Amended Complaint, and (2) Discharging Order to Show Cause. Defendants must respond to the First Amended Complaint on or before 9/13/2022. Signed by Judge Michael M. Anello on 7/26/2022. (All non-registered users served via U.S. Mail Service) (tcf)
|
|
Filing 5
Joint MOTION for Extension of Time to File Answer by Jennifer Brear Brinker. (King, Robert) (jms).
|
|
Filing 4
AMENDED COMPLAINT with Jury Demand against Axos Bank, Axos Financial, Inc., Eshel Bar-Adon, Tom Constantine, John Tolla, filed by Jennifer Brear Brinker. (King, Julian) QC mailer sent re: attorney's signature does not match account used to file (tcf).
|
|
Filing 3
ORDER TO SHOW CAUSE for Failure to Serve. The Court ORDERS Plaintiff to SHOW CAUSE in writing on or before 8/8/2022 why this case should not be dismissed for failure to timely complete service on Defendants pursuant to Federal Rule of Civil Procedure 4(m) and Civil Local Rule 4.1(b). Signed by Judge Michael M. Anello on 7/6/2022. (All non-registered users served via U.S. Mail Service) (tcf)
|
|
Filing 2
Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (ggv)(sjt).
|
|
Filing 1
COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 402 receipt number 16645597.), filed by Jennifer Brear Brinker. (Attachments: #1 Civil Cover Sheet)The new case number is 3:22-cv-386-MMA-MDD. Judge Michael M. Anello and Magistrate Judge Mitchell D. Dembin are assigned to the case. (King, Robert)(ggv)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
