AAAG California v. Kisana et al

Justia Dockets & Filings Tenth Circuit Utah District Court AAAG California v. Kisana et al

AAAG California v. Kisana et al

Plaintiff:	AAAG California
Defendant:	Jack Metcalf, Abdul R. Kisana, Luxury Auto Group and Specialized Sales and Leasing
Receiver:	Jonathan O. Hafen
Case Number:	2:2020cv00026
Filed:	January 15, 2020
Court:	US District Court for the District of Utah
Presiding Judge:	Howard C Nielson
Referring Judge:	Paul M Warner
Nature of Suit:	Other Fraud
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on August 6, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 13, 2020	Filing 110 DOCKET TEXT ORDER. On page 4 of #105 Order of Contempt, the Receivership Defendants were ordered to complete the production and briefing outlined in paragraph 3 no later than March 16, 2020, at 5:00 PM. Notwithstanding that previous deadline, the Receivership Defendants shall complete the outlined production and briefing no later than March 16, 2020, at 11:59 PM. Signed by Judge Howard C. Nielson, Jr., on March 13, 2020. (mtw)
March 12, 2020	Filing 109 Defendant's MOTION for More Definite Statement and Memorandum in Support as to 2nd Amended Complaint (Doc. 88) filed by Defendant Jack Metcalf. Motions referred to Paul M. Warner.(Philpot, Jay)
March 12, 2020	Filing 108 STIPULATION re #105 Contempt Order Joint Statement of the Parties by Jonathan O. Hafen. (Love, Cynthia)
March 12, 2020	Filing 107 NOTICE OF HEARING ON MOTION re: #94 Supplemental MOTION for Order to Show Cause and Memorandum in Support Why Receivership Defendants Should Not be Held in Civil Contempt of Court for Violating the Receivership Order, #73 MOTION for Order to Show Cause and Memorandum in Support Why Receivership Defendants Should Not be Held in Civil Contempt for Violating the Receivership Order : (Notice generated by HCN chambers.) Motion Hearing set for 3/19/2020 at 02:00 PM in Rm 7.300 before Judge Howard C. Nielson, Jr. (mlp)
March 12, 2020	Filing 106 ANSWER to #88 Amended Complaint,,, with Jury Demand filed by Abdul R. Kisana, Luxury Auto Group, Specialized Sales and Leasing.(Meziani, Sam)
March 12, 2020	Filing 105 ORDER OF CONTEMPT Signed by Judge Howard C. Nielson, Jr., on March 12, 2020. (mtw)
March 9, 2020	Filing 104 Motions No Longer Referred to Chief Magistrate Judge Paul M. Warner: #94 Supplemental MOTION for Order to Show Cause Why Receivership Defendants Should Not be Held in Civil Contempt of Court for Violating the Receivership Order, and #103 MOTION to Withdraw as Counsel.The motions will be handled by District Judge Howard C. Nielson, Jr. (jcd)
March 9, 2020	Filing 103 MOTION to Withdraw as Counsel and Memorandum in Support filed by Defendants Abdul R. Kisana, Luxury Auto Group, Specialized Sales and Leasing. (Attachments: #1 Exhibit Rule 83-1.4 Certification, #2 Text of Proposed Order) Motions referred to Paul M. Warner.(Meziani, Sam)
March 9, 2020	Filing 102 NOTICE of Appearance by Cynthia D. Love on behalf of Jonathan O. Hafen (Love, Cynthia)
March 9, 2020	Filing 101 NOTICE OF WITHDRAWAL OF COUNSEL of Troy L. Booher filed by Troy L. Booher on behalf of Abdul R. Kisana, Luxury Auto Group, Specialized Sales and Leasing (Booher, Troy)
March 9, 2020	Filing 100 NOTICE OF WITHDRAWAL OF COUNSEL of Dick J. Baldwin filed by Dick J. Baldwin on behalf of Abdul R. Kisana, Luxury Auto Group, Specialized Sales and Leasing (Baldwin, Dick)
March 6, 2020	Filing 99 DOCKET TEXT ORDER. Defendant Kisana shall appear at the hearing on March 10, 2020, at 1:30 PM. See Dkt. No. 98. Signed by Judge Howard C. Nielson, Jr., on March 6, 2020. (mtw)
March 6, 2020	Filing 98 NOTICE OF HEARING ON MOTION re: #51 MOTION for Order to Show Cause and Memorandum in Support , #94 Supplemental MOTION for Order to Show Cause and Memorandum in Support Why Receivership Defendants Should Not be Held in Civil Contempt of Court for Violating the Receivership Order, #73 MOTION for Order to Show Cause and Memorandum in Support Why Receivership Defendants Should Not be Held in Civil Contempt for Violating the Receivership Order : (Notice generated by HCN chambers. Motion Hearing set for 3/10/2020 at 01:30 PM in Rm 7.300 before Judge Howard C. Nielson, Jr. (mlp)
March 6, 2020	Filing 96 RESTRICTED DOCUMENT NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearings held on January 30, 2020 before Judge Howard C. Nielson, Jr.. Court Reporter/Transcriber Rebecca Janke, Telephone number (801)521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/27/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/4/2020. (las)
March 5, 2020	Filing 95 MEMORANDUM in Opposition re #73 MOTION for Order to Show Cause and Memorandum in Support Why Receivership Defendants Should Not be Held in Civil Contempt for Violating the Receivership Order, #94 Supplemental MOTION for Order to Show Cause and Memorandum in Support Why Receivership Defendants Should Not be Held in Civil Contempt of Court for Violating the Receivership Order filed by Defendants Abdul R. Kisana, Luxury Auto Group, Specialized Sales and Leasing. (Attachments: #1 Exhibit Letter to Mike Lehr (Ex. A), #2 Exhibit Letter from Dr. Janet Eddy)(Meziani, Sam)
February 28, 2020	Filing 94 Supplemental MOTION for Order to Show Cause and Memorandum in Support Why Receivership Defendants Should Not be Held in Civil Contempt of Court for Violating the Receivership Order filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit A, #2 Exhibit B) Motions referred to Paul M. Warner.(Balls, Jeffery)
February 28, 2020	Filing 93 NOTICE of Appearance by Jeffery A. Balls on behalf of Jonathan O. Hafen (Balls, Jeffery)
February 28, 2020	Filing 92 Plaintiff's MEMORANDUM in Opposition re #67 MOTION for More Definite Statement and Memorandum in Support FRCP Rule 12(e) filed by Plaintiff AAAG California. (Bedoya, Gabriel)
February 27, 2020	Filing 91 DOCKET TEXT ORDER. 75 Docket Text Order is vacated. The Receiver may file a brief supplementing #73 Motion for Order to Show Cause no later than Friday, February 28, 2020. The Receivership Defendants shall file a response to #73 Motion for Order to Show Cause and any supplemental brief that the Receiver may file and show cause why they should not be held in civil contempt no later than March 5, 2020. Signed by Judge Howard C. Nielson, Jr., on February 27, 2020. (mtw)
February 27, 2020	Filing 90 ORDER denying #77 Motion to Stay. Signed by Judge Howard C. Nielson, Jr., on February 27, 2020. (mtw)
February 27, 2020	Filing 89 ERRATA re #61 Amended Memorandum Decision and Order. Signed by Judge Howard C. Nielson, Jr. on 2/27/2020. (las)
February 27, 2020	Filing 88 AMENDED COMPLAINT Second against Abdul R. Kisana, Luxury Auto Group, Jack Metcalf, Specialized Sales and Leasing with Jury Demand. filed by AAAG California. (Attachments: #1 Index of Exhibits, #2 Exhibit A-AAAG Process Training Manual, Issuing Out Titles, #3 Exhibit B-Shred Document, #4 Exhibit C-FedEx Log of Packages from Thousand Oaks Location, #5 Exhibit D-Copy of FedEx Shipping Labels, #6 Exhibit E-FedEx Delivery Confirmation, #7 Exhibit F-Still Shots of the Relevant Video Surveillance, #8 Exhibit G-Selection of DMV Records, #9 Exhibit H-Contracts, #10 Exhibit I-VIN Report of All Vehicles Sold, #11 Exhibit J-AAAG-California, LLC, #12 Exhibit K-American Auto Auction Group, LLC, #13 Exhibit L-AAAG, Inc., #14 Exhibit M-AAAG, Inc. Principal Place of Business, #15 Exhibit N-Specialized Sales and Leasing, LLC, #16 Exhibit O-Kenny Milne, #17 Exhibit P-Luxury Auto Group, LLC) (Bedoya, Gabriel)
February 26, 2020	Filing 87 DOCKET TEXT ORDER. #85 Motion for Leave to File Second Amended Complaint is granted. Plaintiff is directed to file the Second Amended Complaint. Signed by Judge Howard C. Nielson, Jr., on February 26, 2020. (mtw)
February 26, 2020	Filing 86 Please be advised the Record is complete for purposes of appeal for USCA case number 20-4018 re #47 Notice of Appeal - Interlocutory. (las)
February 26, 2020	Filing 85 Second MOTION to Amend/Correct 84 Order on Motion for Leave to File,,, and Memorandum in Support # 81 filed by Plaintiff AAAG California. (Attachments: #1 Exhibit 1-Second Amended Complaint and Jury Demand, #2 Exhibit Index of Exhibits to Second Amended Complaint, #3 Exhibit Exhibits A-H to Exhibit 1, #4 Exhibit Exhibits I-P to Exhibit 1) Motions referred to Paul M. Warner.(Bedoya, Gabriel)
February 25, 2020	Filing 84 DOCKET TEXT ORDER. Although the proposed amended complaint identifies AAAG Inc.'s State of incorporation, it does not identify its principal place of business. See, e.g., Grynberg v. Kinder Morgan Energy Partners, L.P., 805 F.3d 901, 905 (10th Cir. 2015). The proposed amended complaint thus fails to properly allege subject matter jurisdiction. #81 Motion for Leave to File Second Amended Complaint is accordingly denied without prejudice. Plaintiff shall promptly file an amended complaint properly alleging subject matter jurisdiction or shall show cause why the preliminary injunction and receivership orders should not be dissolved and the complaint dismissed for lack of subject matter jurisdiction. Signed by Judge Howard C. Nielson, Jr., on February 25, 2020. (mtw)
February 25, 2020	Filing 83 MEMORANDUM in Opposition re #77 MOTION to Stay re #62 Order on Motion for Miscellaneous Relief, Order,, and Memorandum in Support filed by Plaintiff AAAG California. (Bedoya, Gabriel)
February 25, 2020	Filing 82 TRANSCRIPT REQUEST FORM filed by Abdul R. Kisana, Luxury Auto Group, Specialized Sales and Leasing re #47 Notice of Appeal - Interlocutory (Baldwin, Dick)
February 25, 2020	Filing 81 MOTION for Leave to File Second Amended Complaint and Jury Demand and Memorandum in Support filed by Plaintiff AAAG California. (Attachments: #1 Exhibit 1 - Second Amended Complaint and Jury Demand, #2 Exhibit A-H to Exhibit 1, #3 Exhibit I-P to Exhibit 1) Motions referred to Paul M. Warner.(Bedoya, Gabriel)
February 25, 2020	Filing 80 DOCKET TEXT ORDER. 75 Order to Show Cause is stayed pending the court's resolution of #77 Motion for Stay and Plaintiff's response to 79 Docket Text Order. Signed by Judge Howard C. Nielson, Jr., on February 25, 2020. (mtw)
February 25, 2020	Filing 79 DOCKET TEXT ORDER. It appears that Plaintiff has not properly pled subject matter jurisdiction because it has not pled the citizenship of the Plaintiff and of each Defendant. See, e.g., Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015); Whitelock v. Leatherman, 460 F.2d 507, 514-15 (10th Cir. 1972). Based on #68 Plaintiff's response, however, it appears that diversity jurisdiction likely does exist. Plaintiff shall promptly file an amended complaint properly alleging subject matter jurisdiction or shall show cause why the preliminary injunction and receivership orders should not be dissolved and the complaint dismissed for lack of subject matter jurisdiction. Signed by Judge Howard C. Nielson, Jr., on February 25, 2020. (mtw)
February 25, 2020	Filing 78 Motions No Longer Referred to Chief Magistrate Judge Paul M. Warner: #73 MOTION for Order to Show Cause Why Receivership Defendants Should Not be Held in Civil Contempt for Violating the Receivership Order; and #77 MOTION to Stay re: #62 Order on Motion for Miscellaneous Relief.The motions will be handled by District Judge Howard C. Nielson, Jr. (jcd)
February 24, 2020	Filing 77 MOTION to Stay re #62 Order on Motion for Miscellaneous Relief, Order,, and Memorandum in Support filed by Defendants Abdul R. Kisana, Luxury Auto Group, Specialized Sales and Leasing. Motions referred to Paul M. Warner.(Meziani, Sam)
February 24, 2020	Filing 76 NOTICE of Appearance by Michael S. Lehr on behalf of Jonathan O. Hafen (Lehr, Michael)
February 22, 2020	Filing 75 DOCKET TEXT ORDER. No later than 5:00 PM on Tuesday, February 25, 2020, the Receivership Defendants shall file a response to #73 Motion for Order to Show Cause showing cause why they should not be held in civil contempt. Signed by Judge Howard C. Nielson, Jr., on February 22, 2020. (mtw)
February 21, 2020	Filing 74 MEMORANDUM in Support re #73 MOTION for Order to Show Cause and Memorandum in Support Why Receivership Defendants Should Not be Held in Civil Contempt for Violating the Receivership Order filed by Plaintiff AAAG California. (Krannich, Jess)
February 21, 2020	Filing 73 MOTION for Order to Show Cause and Memorandum in Support Why Receivership Defendants Should Not be Held in Civil Contempt for Violating the Receivership Order filed by Receiver Jonathan O. Hafen. (Attachments: #1 Exhibit Requests to Defendants, #2 Affidavit) Motions referred to Paul M. Warner.(Hafen, Jonathan)
February 21, 2020	Filing 72 ORDER granting #63 Motion for Admission Pro Hac Vice of Attorney Travis A. Gonyou for AAAG California.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Paul M. Warner on 2/21/2020. (las)
February 21, 2020	Filing 71 ORDER granting #69 Motion to Appoint Counsel. The Receiver is authorized to hire Parr Brown Gee & Loveless, P.C. as counsel for the receivership estate. Signed by Judge Howard C. Nielson, Jr on 2/21/2020. (las)
February 20, 2020	Filing 70 ORDER REFERRING CASE to Magistrate Judge Paul M. Warner under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Paul M. Warner. Signed by Judge Howard C. Nielson, Jr., on February 20, 2020. (mtw)
February 19, 2020	Filing 69 MOTION to Appoint Counsel and Memorandum in Support Parr Brown Gee & Loveless as Counsel for Receiver filed by Receiver Jonathan O. Hafen. (Attachments: #1 Text of Proposed Order)(Hafen, Jonathan)
February 19, 2020	Filing 68 RESPONSE re 64 Order,, filed by AAAG California. (Attachments: #1 Exhibit A - AAAG-California LLC, #2 Exhibit B - American Auto Auction Group, #3 Exhibit C - AAAG Inc., #4 Exhibit D - AAAG Holdings, #5 Exhibit E - Specialized Sales and Leasing, #6 Exhibit F - Kenny Milne, #7 Exhibit G - John Wootton, #8 Exhibit H - Luxury Auto Group)(Krannich, Jess)
February 18, 2020	Filing 67 MOTION for More Definite Statement and Memorandum in Support FRCP Rule 12(e) filed by Defendant Jack Metcalf. (Philpot, Jay)
February 18, 2020	Filing 66 ANSWER to #42 Amended Complaint,, with Jury Demand filed by Luxury Auto Group, Specialized Sales and Leasing.(Meziani, Sam)
February 18, 2020	Filing 65 ANSWER to #42 Amended Complaint,, with Jury Demand filed by Abdul R. Kisana.(Meziani, Sam)
February 18, 2020	Filing 64 DOCKET TEXT ORDER. No later than February 21, 2020, Plaintiff is directed to file a statement clarifying the identity and state or country of citizenship of each member of the Plaintiff and Defendant LLCs. Signed by Judge Howard C. Nielson, Jr., on February 18, 2020. (mtw)
February 18, 2020	Filing 63 MOTION for Admission Pro Hac Vice of Travis A. Gonyou , Registration fee $ 250, receipt number AUTDC-3494040,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff AAAG California. (Attachments: #1 Exhibit A - Application for Admission Pro Hac Vice, #2 Exhibit B - Proposed Order Granting Pro Hac Vice Admission)(Krannich, Jess)
February 17, 2020	Filing 62 MEMORANDUM DECISION AND RECEIVERSHIP ORDER Signed by Judge Howard C. Nielson, Jr., on February 17, 2020. (mtw)
February 17, 2020	Filing 61 MEMORANDUM DECISION Amended Order on Motion for Preliminary Injunction Signed by Judge Howard C. Nielson, Jr on February 16, 2020. (mtw)
February 16, 2020	Filing 60 ORDER granting #27 Motion for Preliminary Injunction. Signed by Judge Howard C. Nielson, Jr., on February 16, 2020. (mtw)
February 14, 2020	Filing 59 MEMORANDUM in Support re #52 MOTION Entry of Receivership Order re #29 Memorandum Decision, Order and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Hafen, Jonathan)
February 14, 2020	Filing 58 MEMORANDUM in Opposition re #52 MOTION Entry of Receivership Order re #29 Memorandum Decision, Order and Memorandum in Support filed by Defendants Abdul R. Kisana, Luxury Auto Group, Specialized Sales and Leasing. (Meziani, Sam)
February 14, 2020	Filing 57 NOTICE of Appearance by Dick J. Baldwin on behalf of Abdul R. Kisana, Luxury Auto Group, Specialized Sales and Leasing (Baldwin, Dick)
February 14, 2020	Filing 56 NOTICE of Appearance by Troy L. Booher on behalf of Abdul R. Kisana, Luxury Auto Group, Specialized Sales and Leasing (Booher, Troy)
February 13, 2020	Filing 55 MEMORANDUM in Support re #52 MOTION Entry of Receivership Order re #29 Memorandum Decision, Order and Memorandum in Support filed by Plaintiff AAAG California. (Krannich, Jess)
February 12, 2020	Filing 54 DOCKET TEXT ORDER. No later than 5:00 PM on Friday, February 14, 2020, the parties shall file briefs responding to #52 Receiver's Motion for Entry of a Receivership Order. In addition to other arguments that the parties may wish to present, these briefs should address whether this court has jurisdiction to enter the proposed order in light of the appeal noted in #47 Notice of Appeal. The Receiver may also file a brief regarding this jurisdictional issue no later than 5:00 PM on Friday, February 14, 2020. Signed by Judge Howard C. Nielson, Jr., on February 12, 2020. (mtw)
February 12, 2020	Filing 53 DOCKET TEXT ORDER. In #51 Motion for Order to Show Cause and Memorandum in Support, Plaintiff has suggested that Defendant Kisana may have left the United States. No later than 5:00 PM today, Defendant Kisana shall, through Counsel, inform the Court whether he has left this Judicial District or intends to do so within the next 30 days. Defendant Kisana's Counsel is ordered to make diligent efforts to inform Defendant Kisana of this order. If Counsel is unable to do so, Counsel shall inform the court of this fact no later than 5:00 PM today. In addition, Counsel shall inform the court whether Defendant Kisana has left this Judicial District no later than 5:00 PM today. If Counsel is unaware of Defendant Kisana's location and, after diligent efforts, is unable to ascertain his location, Counsel shall inform the court of this fact no later than 5:00 PM today. Signed by Judge Howard C. Nielson, Jr., on February 12, 2020.(mtw)
February 11, 2020	Filing 52 MOTION Entry of Receivership Order re #29 Memorandum Decision, Order and Memorandum in Support filed by Receiver Jonathan O. Hafen. (Attachments: #1 Text of Proposed Order Receivership Order, #2 Exhibit Ex. A of Receivership Order)(Hafen, Jonathan)
February 11, 2020	Filing 51 MOTION for Order to Show Cause and Memorandum in Support filed by Plaintiff AAAG California. (Krannich, Jess)
February 11, 2020	Filing 50 USCA Case Number Case Appealed to Tenth Case Number 20-4018 for #47 Notice of Appeal - Interlocutory filed by Abdul R. Kisana, Specialized Sales and Leasing, Luxury Auto Group. (jmr)
February 11, 2020	Filing 49 TRANSCRIPT REQUEST by Abdul R. Kisana, Luxury Auto Group, Specialized Sales and Leasing for proceedings held on January 30, 2020 before Judge Howard C. Nielson, Jr.. (Meziani, Sam)
February 11, 2020	Filing 48 Transmission of Preliminary Record to USCA re #47 Notice of Appeal - Interlocutory. (Attachments: #1 Appendix)(las)
February 11, 2020	Filing 47 NOTICE OF INTERLOCUTORY APPEAL as to Order,, filed by Abdul R. Kisana, Luxury Auto Group, Specialized Sales and Leasing. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number AUTDC-3487912. (Meziani, Sam)
February 10, 2020	Filing 46 REPLY to Response to Motion re #27 MOTION for Preliminary Injunction and Memorandum in Support MOTION to Appoint Receiver and Memorandum in Support filed by Plaintiff AAAG California. (Krannich, Jess)
February 7, 2020	Filing 45 MEMORANDUM in Opposition re #27 MOTION for Preliminary Injunction and Memorandum in Support MOTION to Appoint Receiver and Memorandum in Support filed by Defendants Abdul R. Kisana, Luxury Auto Group, Specialized Sales and Leasing. (Attachments: #1 Exhibit Specialized Bank Accounts Summary Page)(Meziani, Sam)
February 7, 2020	Filing 44 REPLY to Response to Motion re #27 MOTION for Preliminary Injunction and Memorandum in Support MOTION to Appoint Receiver and Memorandum in Support as to Jack Metcalf filed by Plaintiff AAAG California. (Krannich, Jess)
February 5, 2020	Filing 43 NOTICE of Appearance by Jonathan O. Hafen on behalf of Jonathan O. Hafen (Hafen, Jonathan)
February 4, 2020	Filing 42 AMENDED COMPLAINT First Amended Complaint against Abdul R. Kisana, Luxury Auto Group, Jack Metcalf, Specialized Sales and Leasing with Jury Demand. filed by AAAG California. (Attachments: #1 Exhibit A - AAAG Process Training Manual, Issuing Out Titles, #2 Exhibit B - Shred Document, #3 Exhibit C - FedEx Log of Packages from Thousand Oaks Location, #4 Exhibit D - Copy of FedEx Shipping Labels, #5 Exhibit E - FedEx Delivery Confirmation, #6 Exhibit F - Still Shots of the Relevant Video Surveillance, #7 Exhibit G - Selection of DMV Records, #8 Exhibit H - Contracts, #9 Exhibit I - VIN Report of All Vehicles Sold) (Krannich, Jess)
February 4, 2020	Filing 41 DOCKET TEXT ORDER. Upon consideration of #40 Defendants Memorandum in Opposition to Plaintiff's Temporary Restraining Orders as to Defendant Jack Metcalf, and for good cause appearing, this court concludes that Mr. Metcalf is bound by #21 Temporary Restraining Order as of the date he first received notice of it. See Fed. R. Civ. Proc. 65(b)(2). However, Mr. Metcalf is not bound by [29) Temporary Restraining Order (redacted). If Plaintiff wishes to seek further relief against Mr. Metcalf, it may file a motion seeking and demonstrating its entitlement to such relief. Signed by Judge Howard C. Nielson, Jr., on February 4, 2020. (mtw)
February 3, 2020	Filing 40 Defendant's MEMORANDUM in Opposition re #4 MOTION for Temporary Restraining Order and Memorandum in Support and Appointment of Receiver, #27 MOTION for Preliminary Injunction and Memorandum in Support MOTION to Appoint Receiver and Memorandum in Support filed by Defendant Jack Metcalf. (Attachments: #1 Affidavit Declaration) Attorney Jay M. Philpot added to party Jack Metcalf(pty:dft)(Philpot, Jay)
January 30, 2020	Filing 39 Minute Entry for proceedings held before Judge Howard C. Nielson, Jr. Motion Hearing held on 1/30/2020 re #27 MOTION for Preliminary Injunction and Memorandum in Support MOTION to Appoint Receiver and Memorandum in Support filed by AAAG California. See docket # 37 for details. Attorney for Plaintiff: Jess Krannich, Gabriel Bedoya, Attorney for Defendant: Sam Meziani, Morgan Philpot. Court Reporter: Rebecca Janke.(Time Start: 2:00, Time End: 4:15, Room 7.3.)(mlp)
January 30, 2020	Filing 38 DOCKET TEXT ORDER. At the preliminary injunction hearing on January 30, 2020, the attorney for Defendant Jack Metcalf represented that Mr. Metcalf did not receive notice of #4 MOTION for Temporary Restraining Order prior to the issuance of #21 Memorandum Decision and Order and #29 Memorandum Decision and Order (redacted). No later than Monday, February 3, 2020, at 5:00 PM, Mr. Metcalf may file with the court a declaration explaining when he first became aware of Plaintiff's motion, when he first became aware of the temporary restraining orders, and any other facts and circumstances that he deems relevant. If Mr. Metcalf did not receive notice of Plaintiff's motion prior to the issuance of the temporary restraining orders, he may file at the same time a brief showing cause why he should not be bound by one or both orders (1) pursuant to Fed. R. Civ. P. 65(d)(2) after he received notice of the orders, and/or (2) prospectively. Signed by Judge Howard C. Nielson, Jr., on January 30, 2020. (mtw)
January 30, 2020	Filing 37 Minute Entry for proceedings held before Judge Howard C. Nielson, Jr. This court today held oral argument on #27 Motion for Preliminary Injunction. Jess M. Krannich argued for Plaintiff, and Sam Meziani and Jay Morgan Philpot argued for Defendants. For good cause appearing and for reasons stated on the record, this court orally extended each temporary restraining order currently in effect, see #21 Memorandum Decision and Order; #29 Memorandum Decision and Order (redacted); 30 Memorandum Decision and Order (sealed), for an added fourteen days beyond the orders stated expiration date and time. The Court noted that the second order should have stated that equitable relief is likely available as a remedy for Plaintiff's conversion claim. Plaintiff shall file an amended complaint no later than February 4, 2020, at 5:00 pm. Defendants may file a renewed opposition to #27 Motion for Preliminary Injunction no later than February 7, 2020, at 5:00 pm. (mtw) Modified on 1/31/2020 (las) Correcting text .
January 30, 2020	DOCKET TEXT ORDER. Jonathan O. Hafen, of Salt Lake City, Utah, is appointed as a receiver in this case with responsibilities as outlined in the second temporary restraining order. See #29 Memorandum Decision and Order (redacted); 30 Memorandum Decision and Order (sealed). Mr. Hafen is directed to enter his appearance in this case. Mr. Hafen may email the court at utdECF_nielson@utd.uscourts.gov or contact chambers at 801-524-6733 for further discussion as needed or desired. Signed by Judge Howard C. Nielson, Jr., on January 30, 2020. (mtw)
January 29, 2020	Filing 36 REPLY to Response to Motion re #27 MOTION for Preliminary Injunction and Memorandum in Support MOTION to Appoint Receiver and Memorandum in Support filed by Plaintiff AAAG California. (Krannich, Jess)
January 29, 2020	Filing 35 RESTRICTED DOCUMENT SUMMONS Returned Executed by AAAG California as to Jack Metcalf served on 1/28/2020, answer due 2/18/2020. (Krannich, Jess)
January 28, 2020	Filing 34 DOCKET TEXT ORDER. In #33 Memorandum in Opposition, Defendants contend that Plaintiff has failed to seek permanent, as opposed to interim, equitable injunctive relief and has failed to plead a claim that would support such relief. For example, Defendants note that the fraud claim as alleged by Plaintiff is closely related to the formation and performance of a contract between Plaintiff and Defendants and that equitable relief is not available for a conversion claim. In addition, Plaintiff's permanent injunction count does not seek permanent, as opposed to interim, equitable relief and does not identify a cause of action supporting such relief. The court notes, however, that Plaintiff may "amend its pleading once as a matter of course within... 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f)." Fed. R. Civ. Proc. 15(a)(1)(B). At the hearing on January 30, 2020, at 2:00 pm, Plaintiff shall be prepared to identify and discuss potential claims that are supported by the facts alleged in the complaint and would entitle Plaintiff to permanent equitable relief, as well as the specific nature of such relief. Signed by Judge Howard C. Nielson, Jr., on January 28, 2020. (mtw)
January 27, 2020	Filing 33 MEMORANDUM in Opposition re #27 MOTION for Preliminary Injunction and Memorandum in Support MOTION to Appoint Receiver and Memorandum in Support filed by Defendants Abdul R. Kisana, Luxury Auto Group, Specialized Sales and Leasing. Attorney Sam Meziani added to party Abdul R. Kisana(pty:dft), Attorney Sam Meziani added to party Luxury Auto Group(pty:dft)(Meziani, Sam)
January 27, 2020	Filing 32 AMENDED NOTICE OF HEARING ON MOTION re: #27 MOTION for Preliminary Injunction and Memorandum in Support MOTION to Appoint Receiver and Memorandum in Support : (Notice generated by HCN chambers). Motion Hearing RESET for 1/30/2020 at 02:00 PM in Rm 7.300 before Judge Howard C. Nielson, Jr. PLEASE NOTE TIME CHANGE ONLY (mlp)
January 24, 2020	Filing 31 NOTICE of Proposed Receiver Candidates by AAAG California re #29 Memorandum Decision, Order (Krannich, Jess)
January 23, 2020	Filing 29 REDACTED MEMORANDUM DECISION granting #4 MOTION for Temporary Restraining Order and Memorandum in Support and Appointment of Receiver. Signed by Judge Howard C. Nielson, Jr., on January 23, 2020. (mtw)
January 23, 2020	Filing 28 NOTICE OF HEARING ON MOTION re: #27 MOTION for Preliminary Injunction and Memorandum in Support MOTION to Appoint Receiver and Memorandum in Support : (Notice generated by HCN chambers. Motion Hearing set for 1/30/2020 at 01:00 PM in Rm 7.300 before Judge Howard C. Nielson, Jr. (mlp)
January 22, 2020	Filing 27 MOTION for Preliminary Injunction and Memorandum in Support , MOTION to Appoint Receiver and Memorandum in Support filed by Plaintiff AAAG California. (Attachments: #1 Exhibit A - Affidavit of Jon Karasek on January 22, 2020, #2 Exhibit B - DMV Records of VIN Numbers, #3 Exhibit C - Still Shots of Relevant Video Surveillance, #4 Exhibit D - FedEx Logs, #5 Exhibit E - FedEx Delivery Confirmation, #6 Exhibit F - VIN Reports of All Vehicles Sold, #7 Exhibit G - Chicago Motor Cars Record, #8 Exhibit H - Specialized Leasing Social Media Posts (September and October 2019))(Krannich, Jess)
January 21, 2020	Filing 26 RESTRICTED DOCUMENT SUMMONS Returned Executed by AAAG California as to Luxury Auto Group served on 1/21/2020, answer due 2/11/2020. (Krannich, Jess)
January 21, 2020	Filing 25 RESTRICTED DOCUMENT SUMMONS Returned Executed by AAAG California as to Abdul R. Kisana served on 1/21/2020, answer due 2/11/2020. (Krannich, Jess)
January 21, 2020	Filing 24 CERTIFICATE OF SERVICE by AAAG California re #21 Order on Motion for TRO (Krannich, Jess)
January 21, 2020	Filing 23 DOCKET TEXT ORDER granting #5 Motion for Admission Pro Hac Vice of Gabriel E. Bedoya for AAAG California. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Howard C. Nielson, Jr. on 1/21/2020. No attached document. (las)
January 21, 2020	Filing 22 MEMORANDUM in Opposition re #4 MOTION for Temporary Restraining Order and Memorandum in Support and Appointment of Receiver filed by Defendant Specialized Sales and Leasing. (Attachments: #1 Exhibit Photographs of Cars Returned in December, #2 Exhibit Photographs of Cars Returned January 21, 2020, #3 Exhibit Inventory) Attorney Sam Meziani added to party Specialized Sales and Leasing(pty:dft)(Meziani, Sam)
January 19, 2020	Filing 21 ORDER granting in part #4 Motion for TRO Signed by Judge Howard C. Nielson, Jr., on January 19, 2020. (mtw)
January 17, 2020	Filing 20 NOTICE of [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER AND APPOINTMENT OF RECEIVER by AAAG California re 13 Terminate Deadlines,,,,, Order,,,, (Krannich, Jess)
January 17, 2020	Filing 19 Proposed Findings of Fact by AAAG California. (Krannich, Jess)
January 17, 2020	Filing 18 MEMORANDUM in Support re #4 MOTION for Temporary Restraining Order and Memorandum in Support and Appointment of Receiver filed by Plaintiff AAAG California. (Attachments: #1 Exhibit A)(Krannich, Jess)
January 17, 2020	Filing 17 RESTRICTED DOCUMENT Summons Returned Unexecuted by AAAG California as to Luxury Auto Group. (Krannich, Jess)
January 17, 2020	Filing 16 RESTRICTED DOCUMENT Summons Returned Unexecuted by AAAG California as to Jack Metcalf. (Krannich, Jess)
January 17, 2020	Filing 15 RESTRICTED DOCUMENT Summons Returned Unexecuted by AAAG California as to Abdul R. Kisana. (Krannich, Jess)
January 17, 2020	Filing 14 RESTRICTED DOCUMENT SUMMONS Returned Executed by AAAG California as to Specialized Sales and Leasing served on 1/17/2020, answer due 2/7/2020. (Krannich, Jess)
January 16, 2020	Filing 13 DOCKET TEXT ORDER. 12 DOCKET TEXT ORDER is vacated. Plaintiff shall promptly serve Defendants with summons, a copy of #2 COMPLAINT and jury demand, and a copy of #4 MOTION for Temporary Restraining Order and Memorandum in Support and Appointment of Receiver. Plaintiff shall notify the court once service has been effectuated. Plaintiffs shall then file proposed findings of fact and conclusions of law and a proposed temporary restraining order. In addition to filing these documents electronically, Plaintiff shall email Word versions of these documents to utdecf_Nielson@utd.uscourts.gov. Plaintiff shall also file a brief stating its position regarding the application of Federal Rule of Civil Procedure 65(c) to the proposed temporary restraining order. No later than 24 hours after receiving summons, a copy of the complaint, and a copy of the motion for a temporary restraining order, Defendants may file a response to #4 MOTION for Temporary Restraining Order and Memorandum in Support and Appointment of Receiver, which may also contain Defendants position regarding the application of Federal Rule of Civil Procedure 65(c). Signed by Judge Howard C. Nielson, Jr., on January 16, 2020. (mtw)
January 15, 2020	Filing 12 DOCKET TEXT ORDER. Having examined #2 Complaint and #4 MOTION for Temporary Restraining Order and Memorandum in Support and Appointment of Receiver, the court orders as follows:1. No later than 11:00 a.m. MST on January 16, 2020, Plaintiff shall file proposed findings of fact and conclusions of law and a proposed temporary restraining order. In addition to filing these documents electronically, plaintiffs shall email Word versions of these documents to utdecf_Nielson@utd.uscourts.gov. 2. No later than 11:00 a.m. MST on January 16, 2020, Plaintiff shall also file a brief stating its position regarding whether a bond should be required pursuant to Federal Rule of Civil Procedure 65(c). 3. No later than 11:00 a.m. MST on January 16, 2020, Defendants may file a response to #4 MOTION for Temporary Restraining Order and Memorandum in Support and Appointment of Receiver, which may also contain Defendants position regarding whether a bond should be required pursuant to Federal Rule of Civil Procedure 65(c). Signed by Judge Howard C. Nielson, Jr., on January 15, 2020. (mtw)
January 15, 2020	Filing 11 RESTRICTED DOCUMENTSummons Issued Electronically as to Specialized Sales and Leasing. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh)
January 15, 2020	Filing 10 RESTRICTED DOCUMENTSummons Issued Electronically as to Luxury Auto Group. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh)
January 15, 2020	Filing 9 RESTRICTED DOCUMENTSummons Issued Electronically as to Jack Metcalf. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh)
January 15, 2020	Filing 8 RESTRICTED DOCUMENTSummons Issued Electronically as to Abdul R. Kisana. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh)
January 15, 2020	Filing 7 Case ressigned to Judge Howard C. Nielson, Jr.. Magistrate Judge Cecilia M. Romero no longer assigned to the case. (jwt)
January 15, 2020	Filing 6 DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Pursuant to court policy, Plaintiff's filing of a motion for immediate injunctive relief renders this case ineligible for consent to the jurisdiction of a magistrate judge. Accordingly, the court orders that this case be reassigned to a district judge through random reassignment. Signed by Magistrate Judge Cecilia M. Romero on 01/15/2020. No attached document. (tmb)
January 15, 2020	Filing 5 MOTION for Admission Pro Hac Vice of Gabriel E. Bedoya , Registration fee $ 250, receipt number 1088-3463667, filed by Plaintiff AAAG California. (Attachments: #1 Exhibit A - Application for Pro Hac Vice Admission, #2 Exhibit B - ECF Registration Form, #3 Exhibit C - Proposed Order Granting Pro Hac Vice Admission and Consent of Local Counsel)(Krannich, Jess)
January 15, 2020	Filing 4 MOTION for Temporary Restraining Order and Memorandum in Support and Appointment of Receiver filed by Plaintiff AAAG California. (Attachments: #1 Exhibit A - Affidavit of Jon Karasek, #2 Exhibit B - Selection of DMV Records, #3 Exhibit C - Still Shots of Relevant Video Surveillance, #4 Exhibit D - FedEx Logs (showing four packages out), #5 Exhibit E - FedEx Delivery Confirmation (shows signature), #6 Exhibit F - VIN Report of All Vehicles Sold, #7 Exhibit G - Chicago Motor Cars Record, #8 Exhibit H - Specialized Leasing Social Media Posts (September and October 2019))(Krannich, Jess)
January 15, 2020	Filing 3 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff AAAG California identifying American Auto Action Group, LLC as Corporate Parent. (Krannich, Jess)
January 15, 2020	Filing 2 COMPLAINT and Jury Demand against Abdul R. Kisana, Luxury Auto Group, Jack Metcalf, Specialized Sales and Leasing (Filing fee $ 400, receipt number 1088-3463337) filed by AAAG California. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - AAAG Process Training Manual, "Issuing Out Titles", #3 Exhibit B - Shred Document, #4 Exhibit C - FedEx Log of Packages from Thousand Oaks Location, #5 Exhibit D - Copy of FedEx Shipping Labels, #6 Exhibit E - FedEx Delivery Confirmation, #7 Exhibit F - Still Shots of the Relevant Video Surveillance, #8 Exhibit G - Selection of DMV Records, #9 Exhibit H - Contracts, #10 Exhibit I - VIN Report of All Vehicles Sold) Assigned to Magistrate Judge Cecilia M. Romero (Krannich, Jess)
January 15, 2020	Filing 1 Case has been indexed and assigned to Magistrate Judge Cecilia M. Romero. Plaintiff AAAG California is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (tlh)

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Search for this case: AAAG California v. Kisana et al
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Defendant: Jack Metcalf
Represented By:	Jay M. Philpot
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Defendant: Abdul R. Kisana
Represented By:	Sam Meziani
Represented By:	Dick J. Baldwin
Represented By:	Troy L. Booher
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Defendant: Luxury Auto Group
Represented By:	Sam Meziani
Represented By:	Dick J. Baldwin
Represented By:	Troy L. Booher
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Defendant: Specialized Sales and Leasing
Represented By:	Sam Meziani
Represented By:	Dick J. Baldwin
Represented By:	Troy L. Booher
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Plaintiff: AAAG California
Represented By:	Jess M. Krannich
Represented By:	Gabriel E. Bedoya
Represented By:	Travis A. Gonyou
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Receiver: Jonathan O. Hafen
Represented By:	Cynthia D. Love
Represented By:	Jonathan O. Hafen
Represented By:	Michael S. Lehr
Represented By:	Jeffery A. Balls
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