Simon Davies et al v. Getfugu, Inc. et al
Plaintiff: Simon Davies and David Warnock
Defendant: Ericka Freer, Stefan Eriksson, Richard Jenkins, Carl Freer, David Rubin & Partners, Chuck Timpe, CPA William Schloth, Anneli Freer, Hazina Ljungman, Jason Irwin, Mark Champion, Mark Lapresle, Begbies Traynor Group, DOE, Tiger Telematics, Inc., Dragon Phoenix China Ltd., Bernard Stolar, Donald A. Kurz, Alan J. Bailey, Michael Carrender, Ivan D. Kozhuharov, Christine Peters, Leathem Steran, Juanita Group Ltd., David Hudson, Getfugu, Inc., David Antony Rubin, Mikael Ljungman, Michael Jay Solomon, Michael O'Connor, Asher D. Miller, Media Power USA LLC, Eric Stoppenhagen, Corporate Valuation Advisors, Inc., Timothy Dolder, Derek Norton and Paul Davis
Intervenor Plaintiff: Palestine Investment Fund
Case Number: 2:2009cv08724
Filed: November 25, 2009
Court: US District Court for the Central District of California
Presiding Judge: George H King
Referring Judge: fernando m olguin
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. § 1961
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 8, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2012 Filing 170 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #169 by Clerk of Court that the document is accepted as filed. Other: Record shall reflect docket text of document above RE: Notice of Change of Attorney Information #168 . (bm)
March 5, 2012 Filing 169 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Information (G-06) #168 . The following error(s) was found: Other error(s) with document(s) are specified below. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (ak)
March 5, 2012 Filing 168 Notice of Change of Attorney Information (Zhordania, Theona) Modified on 3/9/2012 (bm).
February 29, 2012 Opinion or Order Filing 167 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #164 filed by David Warnock, Simon Davies, CCA # 10-56522. The parties' stipulated motion for dismissal of appeal is GRANTED. The appeal is hereby DISMISSED with prejudice. Each party shall bear their own costs and attorney's fees. A copy of this order shall serve as the mandate of this court. Order received in this district on 2/29/12. (car)
February 29, 2012 Notice of Electronic Filing re USCA Order, #167 e-mailed to jkirkland@luce.com bounced due to unknown address error. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to jkirkland@ironridgeglobal.com with a request that he update his profile. Pursuant to the General Order and 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.(tyw) TEXT ONLY ENTRY
September 27, 2010 Filing 166 NOTIFICATION by Circuit Court of Appellate Docket Number 10-56522 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #164 as to Plaintiff Simon Davies(an individual and derivatively). (dmap)
September 24, 2010 Filing 165 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, #164 . (Oparil, Richard)
September 24, 2010 Filing 164 NOTICE OF APPEAL to the 9th CCA filed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively). Appeal of Minutes of In Chambers Order/Directive - no proceeding held,,,,, #162 , Judgment, #163 (Appeal fee of $455 receipt number 0973-7570208 paid.) (Oparil, Richard)
August 26, 2010 Filing 163 JUDGMENT by Judge George H. King: Pursuant to our August 26, 2010 Order granting the Motion to Dismiss in part, Claims 1, 2, 3, and 4 of the First Amended Complaint (FAC) are DISMISSED with prejudice. Pursuant to 28 U.S.C. 1367(c)(3), all of the remaining state law claims in the FAC are DISMISSED without prejudice. #162 , #161 (MD JS-6, Case Terminated). (ir)
August 26, 2010 Opinion or Order Filing 162 MINUTE: (In Chambers) AMENDED Order re: Defendants Motions to Dismiss #86 #99 #102 : The defaults entered against Defendants Mark Champion, Media Power USA LLC, Hazina Ljungman, Mikael Ljungman, Dragon Phoenix China Ltd., and Tiger Telematics, Inc. are hereby VACATED pursuant to Federal Rule of Civil Procedure 55(c). (Dkt. Nos. #85 , #86 , #87 , #88 , #108 , #109 , #127 ). Due to the securities fraud exception, or PSLRA bar, in the RICO statute, no default judgment could be entered on the RICO claims stated against those Defendants. Accordingly, since Claims 1, 2, 3, and 4 are premised upon actionable securities fraud allegedly perpetrated by the Tiger/Gizmondo and GetFugu enterprises, these claims are hereby DISMISSED with prejudice pursuant to the PSLRA bar in 18 U.S.C. 1964(c). Having dismissed Claims 1 through 4 pursuant to the PSLRA bar, or securities fraud exception, contained in 18 U.S.C. 1964(c), the only claims over which we have original jurisdiction, we herebyexercise our discretion to decline to exercise supplemental jurisdiction over the remaining state law claims. These state law claims are DISMISSED without prejudice to their refiling in state court. 18 U.S.C. 1367(c)(3); see also 28 U.S.C. 1367(d) (tolling statute of limitation on state law claims for atleast 30 days from this dismissal without prejudice) IT IS SO ORDERED by Judge George H. King. (ir)
August 26, 2010 Opinion or Order Filing 161 MINUTES: (In Chambers) Order re Defendant's Motions to Dismiss #86 [99[ #102 : Accordingly, since Claims 1 and 2 are premised upon actionable securities fraud, they are hereby DISMISSED with prejudice pursuant to the PSLRA bar in 18 U.S.C. 1964(c). Accordingly, we also find that Claims 3 and 4 are premised upon actionable securities fraud, and hereby DISMISS them with prejudice pursuant to the PSLRA bar in 18 U.S.C. 1964(c). Therefore, for purposes of this action, we hereby DENY leave to amend. Having dismissed Claims 1 through 4 pursuant to the PSLRA bar, or securities fraud exception, contained in 18 U.S.C. 1964(c), the only claims over which we have original jurisdiction, we hereby exercise our discretion to decline to exercise supplemental jurisdiction over the remaining state law claims. These state law claims are DISMISSED without prejudice to their refiling in state court. 18 U.S.C. 1367(c)(3); see also 28 U.S.C. 1367(d) (tolling statute of limitation on state law claims for at least 30 days from this dismissal without prejudice) IT IS SO ORDERED by Judge George H. King. (ir)
August 17, 2010 Filing 160 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #157 by Clerk of Court that the document is accepted as filed. RE: Plaintiff's Response to Defendants' Joint supplemental briefing in Response to the Court's 7-12-10 Order #156 . (bm)
August 16, 2010 Filing 159 REPLY filed by Defendants Alan J. Bailey, Anneli Freer, Carl Freer, Ericka Freer, Getfugu, Inc., Jason Irwin, Richard Jenkins, Ivan D. Kozhuharov, Donald A. Kurz, Mark Lapresle, Derek Norton, Christine Peters, Michael Jay Solomon, Leathem Steran, Bernard Stolar, Eric Stoppenhagen, Chuck Timpe to Brief (non-motion non-appeal), Brief (non-motion non-appeal) #156 (Zhordania, Theona)
August 16, 2010 Filing 158 OBJECTIONS to Brief (non-motion non-appeal), Brief (non-motion non-appeal) #156 Declarations of David Warnock and Richard Oparil filed by Defendants Alan J. Bailey, Anneli Freer, Carl Freer, Ericka Freer, Getfugu, Inc., Jason Irwin, Richard Jenkins, Ivan D. Kozhuharov, Donald A. Kurz, Mark Lapresle, Derek Norton, Christine Peters, Michael Jay Solomon, Leathem Steran, Bernard Stolar, Eric Stoppenhagen, Chuck Timpe. (Zhordania, Theona)
August 10, 2010 Filing 157 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Plaintiff's Response to Defendant's Brief #156 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Miscellaneous Filings (Non-Motion)-Response (non-motion). Other error(s) with document(s): Docket entry text does not match caption of attached document. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm)
August 9, 2010 Filing 156 BRIEF filed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively). regarding Minutes of In Chambers Order/Directive - no proceeding held,,,,,,, #149 . (Attachments: #1 Declaration of David Warnock, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Declaration of Richard J. Oparil, #7 Exhibit 1, #8 Exhibit 2, #9 Exhibit 3, #10 Exhibit 4)(Oparil, Richard)
July 28, 2010 Filing 155 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically filed documents: The document is accepted as filed RE: Defendant's Joint Supplemental Briefing #152 (ir)
July 27, 2010 Filing 154 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Supplement(Motion related) #152 . The following error(s) was found: Local Rule 11-8 Memorandum brief exceeding 10 pages shall contain table of contents. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (vh)
July 27, 2010 Filing 153 NOTICE OF ERRATA filed by Defendants Alan J. Bailey, Begbies Traynor Group, Corporate Valuation Advisors, Inc., David Rubin & Partners, Paul Davis, Timothy Dolder, Anneli Freer, Carl Freer, Ericka Freer, Getfugu, Inc., David Hudson, Jason Irwin, Richard Jenkins, Ivan D. Kozhuharov, Donald A. Kurz, Mark Lapresle, Asher D. Miller, Derek Norton, Michael O'Connor, Christine Peters, David Antony Rubin, Michael Jay Solomon, Leathem Steran, Bernard Stolar, Eric Stoppenhagen, Chuck Timpe. (Zhordania, Theona)
July 26, 2010 Filing 152 SUPPLEMENT to MOTION to Dismiss Case For Lack of Personal Jurisdiction #99 , MOTION to Dismiss for Lack of Jurisdiction #86 , MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED #102 , MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted #40 filed by Defendants Alan J. Bailey, Begbies Traynor Group, Corporate Valuation Advisors, Inc., David Rubin & Partners, Paul Davis, Timothy Dolder, Anneli Freer, Carl Freer, Ericka Freer, Getfugu, Inc., David Hudson, Jason Irwin, Richard Jenkins, Ivan D. Kozhuharov, Donald A. Kurz, Mark Lapresle, Asher D. Miller, Derek Norton, Michael O'Connor, Christine Peters, David Antony Rubin, Michael Jay Solomon, Leathem Steran, Bernard Stolar, Eric Stoppenhagen, Chuck Timpe. (Zhordania, Theona)
July 15, 2010 Opinion or Order Filing 151 ORDER by Judge George H. King: Request to Substitute Attorney Frances M O'Meara, Kaufman, Dolowich, Voluck & Gonzo LLP in place and stead of Hinshaw & Culbertson LLP #150 GRANTED. (ir)
July 14, 2010 Filing 150 First REQUEST to Substitute attorney Frances M. O'Meara, Kaufman, Dolowich, Voluck & Gonzo LLP in place of attorney John W. Sheller, Hinshaw & Culbertson LLP filed by Defendant Corporate Valuation Advisors, Inc.. (Attachments: #1 Proposed Order Order on Request for Approval of Substitution of Attorney)(O'Meara, Frances)
July 12, 2010 Filing 149 MINUTES OF IN CHAMBERS ORDER re: Defendants' Motions to Dismiss #20 , #86 , #102 , #99 held before Judge George H. King: Since the Parties have not briefed this issue, we will afford them an opportunity to do so. The Parties are hereby ORDERED to file supplemental briefs addressing the PSLRA bar in 18 U.S.C. 1964(c). The Parties SHALL address the following issues in their supplemental briefs: (1) whether the Section 1964(c) bar applies to the Tiger/Gizmondo enterprise and/or the GetFugu enterprise, with specific and detailed arguments as to (a) whether securities have in fact been sold or purchased in connection with each enterprise, and (b) the type of securities fraud implicated; (2) whether a RICO claim may be disaggregated, such that a part of the scheme that would not constitute actionable securities fraud in isolation may nevertheless proceed, and whether such a proposition would have any applicability in this case; (3) whether any Defendant named in Claims 1 through 4 of the FAC has been criminally convicted "in connection with the fraud" challenged by Claims 1 through 4 (see 18 U.S.C. 1964(c)); and (4) any other issue the Parties believe might be relevant to the line of legal precedent we have identified and its effect on our ultimate disposition of the Motions. Defendants, CVA, the English Defendants, and OConnor SHALL file their supplemental brief, which SHALL NOT exceed twenty-five (25) pages, within fourteen (14) days hereof. Counsel for Defendants, CVA, the English Defendants, and OConnor SHALL file ONLY ONE integrated joint supplemental brief of no more than the above page limit. Plaintiffs SHALL file their supplemental brief, which SHALL NOT exceed twenty-five (25) pages, within fourteen (14) days thereafter. Defendants SHALL file any REPLY to Plaintiffs' supplemental brief, which SHALL NOT exceed ten (10) pages, within seven (7) days thereafter. (see document for further details) (bm)
July 6, 2010 Filing 148 SUPPLEMENT to MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED #102 filed by Defendants Alan J. Bailey, Anneli Freer, Carl Freer, Ericka Freer, Getfugu, Inc., Jason Irwin, Richard Jenkins, Ivan D. Kozhuharov, Donald A. Kurz, Mark Lapresle, Derek Norton, Christine Peters, Michael Jay Solomon, Leathem Steran, Bernard Stolar, Eric Stoppenhagen, Chuck Timpe. (Attachments: #1 Exhibit)(Kirkland, John)
June 22, 2010 Filing 147 DECLARATION of Richard J. Oparil re Objections - non-motion, #136 In Opposition To Evidentiary Objections Of Defendants Begbies Traynor Group PLC, David Rubin & Partners LLP, Paul Davis, Timothy Dolder, David Hudson, Asher D. Miller, And David Antony Rubin filed by Plaintiffs Simon Davies, David Warnock. (Oparil, Richard)
June 22, 2010 Filing 146 DECLARATION of Richard J. Oparil re Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related) #144 In Opposition To Evidentiary Objections Of Defendant CVA filed by Plaintiffs Simon Davies, David Warnock. (Oparil, Richard)
June 17, 2010 Opinion or Order Filing 145 MINUTES (IN CHAMBERS): ORDER: On the court's own motion, ALL PENDING MOTIONS #40 , #86 , #99 , #102 , noticed for hearing on June 21, 2010, in the above action are TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated IT IS SO ORDERED by Judge George H. King. (ir)
June 15, 2010 Filing 144 EVIDENTIARY OBJECTIONS TO EXHIBITS TO PLAINTIFFS' OPPOSITION TO DEFENDANT CORPORATE VALUATION ADVISORS, INC.'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT PURSUANT TO FRCP12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANED re: MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted #40 filed by Defendant Corporate Valuation Advisors, Inc.. (O'Meara, Frances)
June 14, 2010 Filing 143 NOTICE of Change of Attorney Information for attorney Glenn E Westreich counsel for Defendants Begbies Traynor Group, David Rubin & Partners, Paul Davis, Timothy Dolder, David Hudson, Asher D. Miller, David Antony Rubin. Changing Fax to (408) 660-4121. Adding Glenn E. Westreich as attorney as counsel of record for Begbies Traynor Group PLC, David Rubin & Partners LLP, Paul Davis, Timothy Dolder, David Hudson, Asher D. Miller, David Antony Rubin for the reason indicated in the G-06 Notice. Filed by Defendants Glenn E. Westreich (Westreich, Glenn)
June 8, 2010 Filing 142 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #135 by Clerk of Court that the document is accepted as filed RE: Notice of Appearance #134 . (bm)
June 8, 2010 Filing 141 REPLY in support of MOTION to Dismiss for Lack of Jurisdiction #86 filed by Defendants Begbies Traynor Group, David Rubin & Partners, Paul Davis, Timothy Dolder, David Hudson, Asher D. Miller, David Antony Rubin. (Attachments: #1 Exhibit 1 (to Reply Brief), #2 Exhibit 2 (to Reply Brief), #3 Declaration (Supplemental), #4 Exhibit 1 (to Supp Cottee Decl.), #5 Exhibit 2 (to Supp Cottee Decl.))(Stone, Clark)
June 8, 2010 Filing 140 NOTICE OF ERRATA filed by Defendants Begbies Traynor Group, David Rubin & Partners, Paul Davis, Timothy Dolder, David Hudson, Asher D. Miller, David Antony Rubin. correcting Reply (Motion related), Reply (Motion related), Reply (Motion related) #137 (Stone, Clark)
June 7, 2010 Filing 139 REPLY IN SUPPORT OF MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED #102 filed by Defendants Alan J. Bailey, Anneli Freer, Carl Freer, Ericka Freer, Getfugu, Inc., Jason Irwin, Richard Jenkins, Ivan D. Kozhuharov, Donald A. Kurz, Mark Lapresle, Derek Norton, Christine Peters, Michael Jay Solomon, Leathem Steran, Bernard Stolar, Eric Stoppenhagen, Chuck Timpe. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Zhordania, Theona)
June 7, 2010 Filing 138 REPLY IN SUPPORT OF MOTION to Dismiss Case For Lack of Personal Jurisdiction #99 filed by Defendant Michael O'Connor. (Zhordania, Theona)
June 7, 2010 Filing 137 REPLY in support of MOTION to Dismiss for Lack of Jurisdiction #86 filed by Defendants Begbies Traynor Group, David Rubin & Partners, Paul Davis, Timothy Dolder, David Hudson, Asher D. Miller, David Antony Rubin. (Attachments: #1 Declaration Supplemental Declaration of Begbies Traynor Group PLC, #2 Declaration Supplemental Declaration of David Hudson, #3 Declaration Supplemental Declaration of Steven James Cotee, #4 Exhibit 1 (Supp. Cottee Declaration), #5 Exhibit 2 (Supp. Cottee Declaration))(Stone, Clark)
June 7, 2010 Filing 136 OBJECTIONS to Response in Opposition to Motion,, #132 to Evidence Submitted in Plaintiff's Opposition to Defendants' Motion to Dismiss the First Amended Complaint filed by Defendants Begbies Traynor Group, David Rubin & Partners, Paul Davis, Timothy Dolder, David Hudson, Asher D. Miller, David Antony Rubin. (Stone, Clark)
June 3, 2010 Filing 135 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #134 . The following error(s) was found: Account information was not updated in the ECF system. Your account information must be updated immediately by going to Utilities - Maintain Your Address or Maintain Your E-mail Address. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (vh)
June 3, 2010 Filing 134 NOTICE of Appearance filed by attorney Theona Zhordania on behalf of Defendants Carl Freer, Getfugu, Inc. (Zhordania, Theona)
June 2, 2010 Opinion or Order Filing 133 MINUTES (IN CHAMBERS) ORDER re: Palestine Investment Fund's Motion to Intervene #97 by Judge George H. King denying #97 Motion to Intervene: This matter is before us on Proposed Plaintiff-Intervenor Palestine Investment Fund's ("PIF") Motion to Intervene ("Motion").1 We have considered the papers filed in support of and in opposition to this Motion, and deem this matter appropriate for resolution without oral argument. L.R. 7-15. As the Parties are familiar with the facts in this case, we will repeat them only as necessary. Accordingly, we rule as follows. (see document for further details) Accordingly, the Motion is hereby DENIED. (bm)
June 1, 2010 Filing 132 OPPOSITION to MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED #102 filed by Plaintiffs Simon Davies, David Warnock. (Oparil, Richard)
June 1, 2010 Filing 131 OPPOSITION to MOTION to Dismiss for Lack of Jurisdiction #86 filed by Plaintiffs Simon Davies, David Warnock. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Oparil, Richard)
June 1, 2010 Filing 130 OPPOSITION to MOTION to Dismiss Case For Lack of Personal Jurisdiction #99 filed by Plaintiffs Simon Davies, David Warnock. (Oparil, Richard)
May 24, 2010 Opinion or Order Filing 129 ORDER by Judge George H. King denying #125 Ex Parte Application to Continue the Hearing Date and Briefing Schedule on Motions to Dismiss the First Amended Complaint: DENIED. Insufficient cause shown. Counsel shall adequately staff this action. (bm)
May 24, 2010 Opinion or Order Filing 128 ORDER CONTINUING THE BRIEFING AND HEARING SCHEDULED ON DEFENDANTS' MOTIONS TO DISMISS THE FIRST AMENDED COMPLAINT by Judge George H. King, re Stipulation #124 : DENIED. Parties shall maintain present schedule. (bm)
May 21, 2010 Filing 127 DEFAULT BY CLERK ENTERED as to *Defendant Tiger Telematics, Inc.* (bm)
May 20, 2010 Filing 126 DECLARATION of Glenn E. Westreich re EX PARTE APPLICATION to Continue Hearing from June 21, 2010 to July 12, 2010 Re: MOTION to Dismiss for Lack of Jurisdiction #86 , MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP12(b)(6) for Failure to State a Claim Upon Whic EX PARTE APPLICATION to Continue Hearing from June 21, 2010 to July 12, 2010 Re: MOTION to Dismiss for Lack of Jurisdiction #86 , MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP12(b)(6) for Failure to State a Claim Upon Whic EX PARTE APPLICATION to Continue Hearing from June 21, 2010 to July 12, 2010 Re: MOTION to Dismiss for Lack of Jurisdiction #86 , MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP12(b)(6) for Failure to State a Claim Upon Whic #125 filed by Defendants Begbies Traynor Group, David Rubin & Partners, Paul Davis, Timothy Dolder, David Hudson, Asher D. Miller, David Antony Rubin. (Stone, Clark)
May 20, 2010 Filing 125 EX PARTE APPLICATION to Continue Hearing from June 21, 2010 to July 12, 2010 Re: MOTION to Dismiss for Lack of Jurisdiction #86 , MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted #40 filed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively). (Attachments: #1 Declaration, #2 Proposed Order)(Oparil, Richard)
May 20, 2010 Filing 124 Joint STIPULATION to Continue Hearing on Defendants' Motions to Dismiss the First Amended Complaint from June 21, 2010 to July 12, 2010 Re: MOTION to Dismiss Case For Lack of Personal Jurisdiction #99 , MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED #102 filed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively). (Attachments: #1 Proposed Order)(Oparil, Richard)
May 20, 2010 Filing 123 REQUEST for Clerk to Enter Default against Defendant Tiger Telematics, Inc. filed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively). (Attachments: #1 Declaration)(Oparil, Richard)
May 20, 2010 Filing 122 PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Defendant, Tiger Telematics, Inc. Service of the Summons and Complaint were executed upon Statutory Agent for Service of Process (Delaware Secretary of State, Division of Corporations), in compliance with California Code of Civil Procedure by method of service not specified. Original Summons NOT returned. Served by overnight courier upon a Delaware corporation under 8 Del. Code section 321(b). Proof-of-delivery confirmation, information from Delaware Division of Corporations regarding service of process, and text of section 321(b) attached. (Oparil, Richard)
May 19, 2010 Filing 121 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Tiger Telematics, Inc. #117 . The Clerk cannot enter the requested relief as Proof of Service is lacking required information: Defendant's name is not indicated on proof of service (although indicated in supporting declaration of Request to Enter Default). No documentation included as to capacity for agent authorized to accept service on behalf of the corporation (who C. Harris is, and if he/she is authorized to accept service as an authorized agent on behalf of Tiger Telematics, Inc. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (bm)
May 18, 2010 Filing 120 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES in Electronically filed documents: The document is accepted as filed. The record shall reflect that the request is not a motion RE: REQUEST for Clerk to Enter Default against Defendant Tiger Telematics, Inc #117 . (ir)
May 14, 2010 Filing 119 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Clerk to Enter Default #117 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Docket entry text indicates that Request is set for hearing on 6/21/10. Unless ordered by the court, Requests for Clerk to Enter Default are ruled on by submission. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm)
May 12, 2010 Opinion or Order Filing 118 MINUTES (IN CHAMBERS): ORDER: On the court's own motion, Palestine Investment Funds Motion to Intervene #97 , noticed for hearing on May 17, 2010, is TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated IT IS SO ORDERED by Judge George H. King. (ir)
May 12, 2010 Filing 117 REQUEST for Clerk to Enter Default against Defendant Tiger Telematics, Inc. filed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively). Request set for hearing on 6/21/2010 at 09:30 AM before Judge George H. King. (Attachments: #1 Declaration)(Oparil, Richard)
May 12, 2010 Filing 116 PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Statutory Agent for Service of Process for Tiger Telematics, Inc. served on 4/15/2010, answer due 5/6/2010. Service of the Summons and Complaint were executed upon Delaware Secretary of State, Division of Corporations in compliance with California Code of Civil Procedure by method of service not specified. Original Summons NOT returned. Served by overnight courier upon a Delaware corporation under 8 Del. Code section 321(b). Proof-of-delivery confirmation attached. (Oparil, Richard)
April 27, 2010 Filing 115 MINUTES OF IN CHAMBERS ORDER re: Joint Stipulation Continuing the Briefing and Hearing Schedule on Defendants' Motion to Dismiss the First Amended Complaint held before Judge George H. King: The hearing on Defendants' Motion to Dismiss, currently scheduled for Monday May 17, 2010, at 9:30 a.m., is hereby CONTINUED to Monday June 21, 2010, at 9:30 a.m. Plaintiffs SHALL file any Opposition to Defendants' Motion to Dismiss by no later than June 1, 2010. Defendants SHALL file any Reply to that Opposition by no later than June 7, 2010. As we have granted this continuance, we will consolidate the other Defendants' motions to dismiss on the same hearing date. Accordingly, the hearing on Defendant Corporate Valuation Advisors, Inc.'s Motion to Dismiss (Dkt. No. 40), currently scheduled for Monday May 17, 2010, at 9:30 a.m., is hereby CONTINUED to Monday June 21, 2010, at 9:30 a.m. The hearing on Defendants Begbies Traynor Group PLC, David Rubin & Partners LLP, Paul Davis, Timothy Dolder, David Hudson, Asher D. Miller, and David Antony Rubin's (collectively, "the English Defendants") Motion to Dismiss Plaintiffs' FAC for Lack of Personal Jurisdiction and for Failure to State a Claim (Dkt. No. 86), currently scheduled for Monday June 7, 2010, at 9:30 a.m., is hereby CONTINUED to Monday June 21, 2010, at 9:30 a.m. Plaintiffs SHALL file any Opposition to the English Defendants' Motion to Dismiss by no later than June 1, 2010. The English Defendants SHALL file any Reply to that Opposition by no later than June 7, 2010. Lastly, the hearing on Defendant OConnor's Motion to Dismiss Plaintiffs' FAC for Lack of Personal Jurisdiction, currently scheduled for Monday May 17, 2010, at 9:30 a.m., is hereby CONTINUED to Monday June 21, 2010, at 9:30 a.m. Plaintiffs SHALL file any Opposition to O'Connor's Motion to Dismiss by no later than June 1, 2010. O'Connor SHALL file any Reply to that Opposition by no later than June 7, 2010. This Order SHALL NOT affect the hearing date for Proposed Plaintiff-Intervenor Palestine Investment Funds ("PIF") Motion to Intervene. PIFs Motion to Intervene SHALL remain on the Court's calendar for Monday May 17, 2010, at 9:30 a.m. Any Opposition to the Motion to Intervene SHALL be filed by no later than May 3, 2010. Any Reply to that Opposition SHALL be filed by no later than May 10, 2010. (bm)
April 27, 2010 Filing 114 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #113 by Clerk of Court that the document is accepted as filed. RE: Plaintiff's consent to Motion to Intervene #112 . (bm)
April 26, 2010 Filing 113 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Plaintiff's Consent to Motion to Intervene #112 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Responses/Replies/Other Motion Related Documents-Non-Opposition to Motion. Other error(s) with document(s): Docket entry text does not match caption of attached document. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm)
April 25, 2010 Filing 112 RESPONSE IN SUPPORT of MOTION to Intervene #97 of Palestine Investment Fund filed by Plaintiffs Simon Davies, David Warnock. (Oparil, Richard)
April 23, 2010 Filing 111 STIPULATION to Continue hearing Schedule on Defendants' Motion to Dismiss the First Amended Complaint from May 17, 2010 to June 21, 2010 filed by SIMON DAVIES, DAVID WARNOCK and CHRISTINE DOLAN Simon Davies(an individual and derivatively). (Attachments: #1 Proposed Order)(Reza, Iman)
April 22, 2010 Filing 110 MINUTES OF IN CHAMBERS ORDER re: Defendant's Motion to Dismiss before Judge George H. King: re: The hearing on Defendant Corporate Valuation Advisors, Inc's MOTION to Dismiss Plaintiff's First Amended Complaint currently set for Monday, 4-26-10 at 9:30 a.m. is hereby CONTINUED until Monday, 5-17-10 at 9:30 a.m. #40 , #106 (lw)
April 21, 2010 Filing 109 DEFAULT BY CLERK ENTERED as to *Defendant Dragon Phoenix China Ltd. (pursuant to court order dated 4/20/10)* (bm)
April 20, 2010 Opinion or Order Filing 108 MINUTES (IN CHAMBERS) ORDER by Judge George H. King granting #94 Request to Enter Default Against Defendant Dragon Phoenix China Ltd.: Plaintiffs Simon Davies and David Warnock have requested that we enter default against Defendant Dragon Phoenix China Ltd. ("Defendant") pursuant to Federal Rule of Civil Procedure 55(a). (Dkt. No. 94, Apr. 14, 2010). Defendant has been served with a copy of the summons and First Amended Complaint ("FAC") by certified or registered mail service in Hong Kong, and Proof of Service has been filed. (Dkt. No. 90, Apr. 6, 2010). Defendant has failed to answer the Complaint or otherwise appear in the above-captioned action. Accordingly, default is hereby ENTERED as to Defendant. (bm)
April 20, 2010 Filing 107 NOTICE OF LODGING filed [Proposed] Order re MOTION to Dismiss Case For Lack of Personal Jurisdiction #99 (Attachments: #1 Proposed Order)(Kirkland, John)
April 20, 2010 Opinion or Order Filing 106 MINUTES (IN CHAMBERS) ORDER by Judge George H. King taking under submission #40 Motion by Defendant Corporate Valuation to Dismiss; [E-filed; 2/10/10, Doc. #40]: On the court's own motion, Defendant Corporate Valuation's motion to dismiss, noticed for hearing on Monday, April 26, 2010 at 9:30 a.m., is TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. (bm)
April 19, 2010 Filing 105 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #104 by Clerk of Court that the document is stricken. Counsel shall comply with General Order 08-02 regarding Proposed orders. RE: Proposed Order #101 . (bm)
April 19, 2010 Filing 104 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: [Proposed] Order #101 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): A stand-alone proposed order should be submitted by e-filing a Notice of Lodging with the separate, additional attachment of the [proposed] order. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm)
April 16, 2010 Filing 103 MEMORANDUM in Support of MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED #102 filed by Defendants Alan J. Bailey, Anneli Freer, Carl Freer, Ericka Freer, Getfugu, Inc., Jason Irwin, Richard Jenkins, Juanita Group Ltd., Ivan D. Kozhuharov, Donald A. Kurz, Mark Lapresle, Derek Norton, Christine Peters, Michael Jay Solomon, Leathem Steran, Bernard Stolar, Eric Stoppenhagen, Chuck Timpe. (Attachments: #1 Exhibit)(Kirkland, John)
April 16, 2010 Filing 102 NOTICE OF MOTION AND MOTION to Dismiss Case PURSUANT TO FRCP 12(b)(1) FOR LACK OF JURISDICTION AND FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED filed by Defendants Alan J. Bailey, Anneli Freer, Carl Freer, Ericka Freer, Getfugu, Inc., Jason Irwin, Richard Jenkins, Juanita Group Ltd., Ivan D. Kozhuharov, Donald A. Kurz, Mark Lapresle, Derek Norton, Christine Peters, Michael Jay Solomon, Leathem Steran, Bernard Stolar, Eric Stoppenhagen, Chuck Timpe. Motion set for hearing on 5/17/2010 at 09:30 AM before Judge George H. King. (Attachments: #1 Proposed Order)(Kirkland, John)
April 16, 2010 Filing 101 [Proposed] Order re: MOTION to Dismiss Case For Lack of Personal Jurisdiction #99 (Kirkland, John) ***DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 4/19/10, DOCUMENT #105 .*** Modified on 4/19/2010 (bm).
April 16, 2010 Filing 100 MEMORANDUM in Support of MOTION to Dismiss Case For Lack of Personal Jurisdiction #99 filed by Defendant Michael O'Connor. (Kirkland, John)
April 16, 2010 Filing 99 NOTICE OF MOTION AND MOTION to Dismiss Case For Lack of Personal Jurisdiction filed by Defendant Michael O'Connor. Motion set for hearing on 5/17/2010 at 09:30 AM before Judge George H. King. (Attachments: #1 Declaration)(Kirkland, John)
April 15, 2010 Filing 98 MEMORANDUM in Support of MOTION to Intervene #97 filed by Intervenor Plaintiff Palestine Investment Fund. (bm)
April 15, 2010 Filing 97 NOTICE OF MOTION AND MOTION to Intervene filed by Proposed Plaintiff-Intervenor Palestine Investment Fund. Motion set for hearing on 5/17/2010 at 9:30 AM before Judge George H. King. Lodged Proposed Order. (bm)
April 15, 2010 Opinion or Order Filing 96 ORDER by Judge George H. King, (SEE DOCUMENT FOR COMPLETE DETAILS) Defendants' David Hudson, Paul Davis, Begbies Traynor Group, David Rubin & Partners, Timothy Dolder, Asher D. Miller, and Antony Rubin Motion to Dismiss is continued for hearing on 6/7/2010 at 09:30 AM. Plaintiff's Response due by 5/10/2010, Defendants' Reply due by 5/24/2010. Re Stipulation to Continue Hearing Date of Motion, Stipulation for Extension of Time to File Response/Reply, #93 (lw)
April 15, 2010 Filing 95 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Dragon Phoenix China Ltd. #94 . The Clerk cannot enter the requested relief as Clerk is not authorized to enter default on a foreign entity. Request forwarded to assigned Judge for consideration. (bm)
April 14, 2010 Filing 94 REQUEST for Clerk to Enter Default against Defendant Dragon Phoenix China Ltd. filed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively). Request set for hearing on 4/26/2010 at 09:30 AM before Judge George H. King. (Attachments: #1 Declaration)(Oparil, Richard)
April 13, 2010 Filing 93 Joint STIPULATION to Continue Hearing on Motion to Dismiss from 05/03/2010 to 06/07/2010 Re: MOTION to Dismiss for Lack of Jurisdiction #86 , Joint STIPULATION for Extension of Time to File Response as to MOTION to Dismiss for Lack of Jurisdiction #86 filed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively). (Attachments: #1 Proposed Order)(Oparil, Richard)
April 7, 2010 Filing 92 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #89 by Clerk of Court that the document is accepted as filed. Other: Declarations and Exhibits do not need to filed separately. RE: Motion to Dismiss (Attachments 1-14) #86 . (bm)
April 6, 2010 Filing 91 MINUTES OF IN CHAMBERS ORDER re: Defendant's Motion to Dismiss held before Judge George H. King: The hearing on Defendant Continued Valuation Services, Inc.'s Motion to Dismiss the First Amended Complaint, currently set for Monday April 12, 2010, at 9:30 a.m., is hereby CONTINUED until Monday April 26, 2010, at 9:30 a.m. (bm)
April 6, 2010 Filing 90 PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Defendant Dragon Phoenix China Ltd. served on 3/22/2010, answer due 4/12/2010. in compliance with Federal Rules of Civil Procedure by method of service not specified. Original Summons NOT returned. Service by international registered mail. Signed return receipt attached. (Oparil, Richard)
April 5, 2010 Filing 89 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss (attachments 1-14) #86 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Attachments 1-14 to Motion (declarations and exhibits in support of motion) should be filed as separate, stand-alone documents. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm)
April 5, 2010 Filing 88 DEFAULT BY CLERK ENTERED as to *Defendants Hazina Ljungman, Mikael Ljungman* (bm)
April 2, 2010 Opinion or Order Filing 87 MINUTES (IN CHAMBERS) ORDER by Judge George H. King granting #71 , #72 Request for Clerk to Enter Default Against Defendants Hazina Ljungman and Mikael Ljungman: Plaintiffs Simon Davies and David Warnock have requested that we enter default against Defendants Hazina Ljungman and Mikael Ljungman pursuant to Federal Rule of Civil Procedure 55(a). Defendants Hazina Ljungman and Mikael Ljungman ("Defendants") have been served with a copy of the summons and First Amended Complaint ("FAC") by certified or registered mail service in Sweden and Denmark, respectively, and Proof of Service has been filed with respect to each Defendant. Defendants have failed to answer the Complaint or otherwise appear in the above-captioned action. Accordingly, default is hereby ENTERED as to these Defendants. (bm)
April 2, 2010 Filing 86 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Begbies Traynor Group, David Rubin & Partners, Paul Davis, Timothy Dolder, David Hudson, Asher D. Miller, David Antony Rubin. Motion set for hearing on 5/3/2010 at 09:30 AM before Judge George H. King. (Attachments: #1 Memorandum, #2 Declaration of Asher Miller, #3 Declaration of Begbies Traynor Group PLC, #4 Declaration of David Antony Rubin, #5 Declaration of David Hudson, #6 Declaration of David Rubin and Partners LLP, #7 Declaration of Paul Davis, #8 Declaration of Timothy Dolder, #9 Declaration of James Cottee, #10 Exhibit A (Cottee Declaration), #11 Exhibit B (Cottee Declaration), #12 Exhibit C (Cottee Declaration), #13 Exhibit D (Cottee Declaration), #14 Declaration of Clark S. Stone, #15 Proposed Order)(Stone, Clark)
April 2, 2010 Filing 85 DEFAULT BY CLERK ENTERED as to *Defendant Media Power USA LLC* (bm)
April 1, 2010 Filing 84 DEFAULT BY CLERK ENTERED as to *Defendant Mark Champion, an individual* (bm)
April 1, 2010 Filing 83 NOTICE OF CLERICAL ERROR: Due to clerical error document docket entry has been corrected as indicated below: Notice of Deficiency - Default/Default Judgment (CV-52b) #77 should not have been filed because deficiency indicated is found in Proof of service additional attachment [57-1] indicates declaration regarding mailing. Default to process. (bm)
April 1, 2010 Filing 82 Amendment to REQUEST for Clerk to Enter Default against Defendant Media Power USA LLC #74 filed by Plaintiffs Simon Davies, David Warnock. (Attachments: #1 Declaration)(Oparil, Richard)
April 1, 2010 Filing 81 AMENDED DOCUMENT filed by Plaintiffs Simon Davies, David Warnock. Amendment to Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #61 on Defendant Media Power USA LLC (Oparil, Richard)
March 29, 2010 Filing 80 REPLY support MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted #40 filed by Defendant Corporate Valuation Advisors, Inc.. (O'Meara, Frances)
March 29, 2010 Opinion or Order Filing 79 ORDER EXTENDING RESPONSE DATE FOR THE UK LIQUIDATOR DEFENDANTS BY MORE THAN 30 DAYS by Judge George H. King, Pursuant to the foregoing stipulation, and good cause appearing, the Court ORDERS the following: The UK Liquidator Defendants shall have until April 2, 2010 to file an answer or otherwise respond to the Complaint herein. (PLEASE SEE DOCUMENT FOR COMPLETE DETAILS) re Stipulation for Extension of Time to File #75 (lw)
March 26, 2010 Filing 78 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Media Power USA LLC #74 . The Clerk cannot enter the requested relief as Proof of Service is lacking required information: does not state manner of service (state or federal statute). (bm)
March 26, 2010 Filing 77 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Mark Champion #73 . The Clerk cannot enter the requested relief as Proof of Service is lacking required information: In addition to Declaration of due diligence, service by mail needs to be indicated when substituting service on a Doe. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (bm)
March 26, 2010 Filing 76 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Mikael Ljungman #71 , REQUEST for Clerk to Enter Default against Defendant Hazina Ljungman #72 . The Clerk cannot enter the requested relief as Clerk is not authorized to enter default on foreign entities. Requests forwarded to assigned Judge for consideration. (bm)
March 24, 2010 Filing 75 STIPULATION for Extension of Time to File Response as to Amended Complaint,,, #20 filed by Defendants Begbies Traynor Group, David Rubin & Partners, Paul Davis, Timothy Dolder, David Hudson, Asher D. Miller, David Antony Rubin. (Attachments: #1 Proposed Order)(Stone, Clark)
March 24, 2010 Filing 74 REQUEST for Clerk to Enter Default against Defendant Media Power USA LLC filed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively). Request set for hearing on 4/26/2010 at 09:30 AM before Judge George H. King. (Attachments: #1 Declaration)(Oparil, Richard)
March 24, 2010 Filing 73 REQUEST for Clerk to Enter Default against Defendant Mark Champion filed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively). Request set for hearing on 4/26/2010 at 09:30 AM before Judge George H. King. (Attachments: #1 Declaration)(Oparil, Richard)
March 24, 2010 Filing 72 REQUEST for Clerk to Enter Default against Defendant Hazina Ljungman filed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively). Request set for hearing on 4/26/2010 at 09:30 AM before Judge George H. King. (Attachments: #1 Declaration)(Oparil, Richard)
March 24, 2010 Filing 71 REQUEST for Clerk to Enter Default against Defendant Mikael Ljungman filed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively). Request set for hearing on 4/26/2010 at 09:30 AM before Judge George H. King. (Attachments: #1 Declaration)(Oparil, Richard)
March 22, 2010 Filing 70 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS - ORDER by Clerk of Court The documents are accepted as filed. RE: Service of Summons and Complaint Returned Executed (21 days) #62 , Service of Summons and Complaint Returned Executed (21 days), #61 (lw)
March 22, 2010 Opinion or Order Filing 69 ORDER GRANTING STIPULATION to Extend Time For Certain Defendants To Answer Or Otherwise Respond To The First Amended Complaint by Judge George H. King: The Court orders as follows: The time for GetFugu, Inc. Carl Freer, Alan Bailey, Anneli Freer, Ericka Freer, Jason Irwin, Richard Jenkins, Ivan Kozhuharov, Donald Kurz, Mark Lapresle, Derek Norton, Michael OConnor, Christine Peters, Michael Solomon, Leathem Stearn, Bernard Stolar, Eric Stoppenhagen, and Chuck Timpe to answer or otherwise respond to Plaintiffs First Amended Complaint is extended up to and including April 16, 2010. (bm)
March 22, 2010 Filing 68 MEMORANDUM in Opposition to MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted #40 filed by Plaintiffs Simon Davies, David Warnock. (Attachments: #1 Proposed Order, #2 Exhibit 1-7)(Oparil, Richard)
March 18, 2010 Filing 67 STIPULATION for Extension of Time to File Answer to April 16, 2010 filed by Defendant Getfugu, Inc.. (Attachments: #1 Proposed Order Granting Stipulation To Extend Time For Certain Defendants To Answer Or Otherwise Respond To The First Amended Complaint)(Kirkland, John)
March 17, 2010 Filing 65 PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Defendant Alan J. Bailey served on 3/16/2010, answer due 4/6/2010; Jason Irwin served on 3/16/2010, answer due 4/6/2010; Mark Lapresle served on 3/16/2010, answer due 4/6/2010; Michael Jay Solomon served on 3/16/2010, answer due 4/6/2010; Leathem Steran served on 3/16/2010, answer due 4/6/2010; Chuck Timpe served on 3/16/2010, answer due 4/6/2010. Service of the Summons and Complaint were executed upon Vicky Pham, Esq., of LUCE, FORWARD, HAMILTON & SCRIPPS LLP in compliance with Federal Rules of Civil Procedure by method of service not specified. Original Summons NOT returned. Service by email was accepted and acknowledged as described in attached Declaration. (Oparil, Richard)
March 16, 2010 Filing 66 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days) #62 , Service of Summons and Complaint Returned Executed (21 days) #61 . The following error was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (ir)
March 16, 2010 Filing 64 PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Defendant Michael O'Connor served on 3/1/2010, answer due 3/22/2010. Service of the Summons and Complaint were executed upon Michael O'Connor in compliance with Federal Rules of Civil Procedure by method of service not specified. Original Summons NOT returned. Service by international registered mail. Signed return receipt and USPS Track & Confirm Search Results attached. (Oparil, Richard)
March 16, 2010 Filing 63 PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Defendant Hazina Ljungman served on 3/1/2010, answer due 3/22/2010. Service of the Summons and Complaint were executed upon Hazina Ljungman in compliance with Federal Rules of Civil Procedure by method of service not specified. Original Summons NOT returned. Service by international registered mail. Signed return receipt attached. (Oparil, Richard)
March 16, 2010 Filing 62 PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Defendant Christine Peters served on 2/16/2010, answer due 3/9/2010. Service of the Summons and Complaint were executed upon Christine Peters in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Oparil, Richard)
March 16, 2010 Filing 61 PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Defendant Media Power USA LLC served on 1/25/2010, answer due 2/16/2010. Service of the Summons and Complaint were executed upon Anneli Freer, Officer, Director, or Managing Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Oparil, Richard)
March 12, 2010 Opinion or Order Filing 60 ORDER regarding Case Management (See document for further details) by Judge George H. King. (ir)
March 10, 2010 Filing 59 STATEMENT Second Amended RICO Case Statement (Attachments: #1 Exhibit A)(Oparil, Richard)
March 4, 2010 Filing 58 PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Defendant Richard Jenkins served on 2/23/2010, answer due 3/16/2010. Service of the Summons and Complaint were executed upon "John Doe", Security Guard, in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Attachments: #1 Declaration Regarding Mailing)(Oparil, Richard)
March 4, 2010 Filing 57 PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Defendant Mark Champion served on 2/23/2010, answer due 3/16/2010. Service of the Summons and Complaint were executed upon "John Doe", Security Guard, in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Attachments: #1 Declaration Regarding Mailing)(Oparil, Richard)
March 4, 2010 Filing 56 PROOF OF SERVICE Executed by Plaintiff Ivan D. Kozhuharov, upon Defendant Ivan D. Kozhuharov served on 2/23/2010, answer due 3/16/2010. Service of the Summons and Complaint were executed upon "John Doe", Security Guard, in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Attachments: #1 Declaration Regarding Mailing)(Oparil, Richard)
March 4, 2010 Filing 55 PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Defendant Derek Norton served on 2/23/2010, answer due 3/16/2010. Service of the Summons and Complaint were executed upon "John Doe", Security Guard in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Attachments: #1 Declaration Regarding Mailing)(Oparil, Richard)
March 4, 2010 Filing 54 PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Defendant Carl Freer served on 2/23/2010, answer due 3/16/2010. Service of the Summons and Complaint were executed upon John Doe, Security Guard in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Attachments: #1 Declaration Regarding Mailing)(Oparil, Richard)
March 4, 2010 Filing 53 PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Defendant Bernard Stolar served on 2/23/2010, answer due 3/16/2010. Service of the Summons and Complaint were executed upon John Doe, Security Guard in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Attachments: #1 Declaration Regarding Mailing)(Oparil, Richard)
March 4, 2010 Opinion or Order Filing 52 MINUTES OF IN CHAMBERS ORDER: PARTIES ARE HEREBY NOTIFIED that the above-captioned case has been reassigned to the calendar of the Hon. George H. King, U.S. District Judge, for all further proceedings.On all documents subsequently filed in this case, please substitute the initials GHK after the case number in place of the initials of the prior judge, so that the case number will read CV 09-8724 GHK (FMOx). This is very important because documents are routed to the assigned judges by means of the initials.Parties are further notified that Judge King is located in the Roybal Federal Building, 255 E. Temple Street, Los Angeles, CA 90012, and his Courtroom Deputy Clerk, Beatrice Herrera, can be reached at (213) 894-6907. Defendants Motion to Dismiss #40 is hereby set for 9:30 a.m., April 12, 2010 IT IS SO ORDERED by Judge George H. King. (ir)
March 4, 2010 Filing 51 PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Defendant Mikael Ljungman served on 2/22/2010, answer due 3/15/2010. Service of the Summons and Complaint were executed upon Mikael Ljungman in compliance with Federal Rules of Civil Procedure by method of service not specified. Original Summons NOT returned. [Service by international registered mail. Signed return receipt attached.] (Oparil, Richard)
March 2, 2010 Filing 50 PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Defendant Service of the Summons and Complaint were executed upon Eric Stoppenhagen in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Oparil, Richard)
March 2, 2010 Filing 49 PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Defendant Service of the Summons and Complaint were executed upon Ericka Freer in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Oparil, Richard)
March 1, 2010 Opinion or Order Filing 48 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 09-07388 GHK(FMOx). Case transferred from Magistrate Judge Rosalyn M. Chapman and Judge R. Gary Klausner to Judge George H. King and Magistrate Judge Fernando M. Olguin for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 09-08724 GHK(FMOx).Signed by Judge George H. King (rn)
February 25, 2010 Opinion or Order Filing 47 ORDER by Judge R. Gary Klausner The documents are stricken. Counsel shall file corrected documents not later than March 2, 2010 RE: Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #44 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #43 (bp)
February 25, 2010 Opinion or Order Filing 46 ORDER by Judge R. Gary Klausner, re Stipulation And Order To Continue The Hearing Date And To Extend Time For Plaintiffs To Respond To The MotionTo Dismiss Filed By Defendant, Corporate Valuation Advisors, Inc #42 . ORDERED that the hearing date on CVAs motion to dismiss shall be continued to April 12, 2010, with plaintiffs response being due to be filed on March 22, 2010, and CVAs reply being due to be filed on March 29, 2010. (shb)
February 25, 2010 Filing 45 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #44 , Service of Summons and Complaint Returned Executed (21 days), Service of Summons and Complaint Returned Executed (21 days) #43 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Case number is incorrect or missing. Title page is missing, State Court Form used instead of Federal Court Form CV-1; State Court Case number on document.. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (shb)
February 24, 2010 Filing 44 [DOCUMENT STRICKEN] PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Defendant Ericka Freer served on 1/31/2010, answer due 2/21/2010. Service of the Summons and Complaint were executed upon Ericka Freer in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (Oparil, Richard) Modified on 2/26/2010 (bp).
February 24, 2010 Filing 43 [DOCUMENT STRICKEN]PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Defendant Eric Stoppenhagen served on 1/23/2010, answer due 2/13/2010. Service of the Summons and Complaint were executed upon Eric Stoppenhagen in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Oparil, Richard) Modified on 2/26/2010 (bp).
February 23, 2010 Filing 42 STIPULATION for Extension of Time to File Response as to MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted #40 filed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively). (Attachments: #1 Proposed Order)(Oparil, Richard)
February 12, 2010 Filing 41 FIRST STIPULATION Extending Time to Answer the complaint as to Getfugu, Inc. answer now due 3/11/2010, filed by Defendant Getfugu, Inc..(Pham, Vicky)
February 10, 2010 Filing 40 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted filed by defendant Corporate Valuation Advisors, Inc.. Motion set for hearing on 3/15/2010 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of Holly Teel, #2 Exhibit A to Declaration of Holly Teel, #3 Exhibit B to Declaration of Holly Teel, #4 Proposed Order)(O'Meara, Frances)
February 9, 2010 Filing 39 Verification of First Amended Complaint re: Miscellaneous Document #10 (Oparil, Richard)
February 5, 2010 Opinion or Order Filing 38 ORDER by Judge R. Gary Klausner: granting #28 Request to Substitute Attorney. Added attorney Iman Reza for Simon Davies, David Warnock, Simon Davies and David Warnock. Attorney Michael J Hartley and Joann Miwako Wakana terminated (shb)
February 4, 2010 Filing 37 NOTICE OF DISMISSAL filed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively) pursuant to FRCP 41a(1) as to William Schloth. (Oparil, Richard)
February 3, 2010 Filing 36 PROOF OF SERVICE Executed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon David Hudson served on 2/3/2010, answer due 2/24/2010. extended to 3/26/2010. The Summons and Complaint were served by acceptance of service, by Federal statute, upon HAYNES AND BOONE, LLP. Due Dilligence declaration not attached. Original Summons not returned. (Oparil, Richard)
February 3, 2010 Filing 35 PROOF OF SERVICE Executed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Timothy Dolder served on 2/3/2010, answer due 2/24/2010. extended to 3/26/2010. The Summons and Complaint were served by acceptance of service, by Federal statute, upon HAYNES AND BOONE, LLP. Due Dilligence declaration not attached. Original Summons not returned. (Oparil, Richard)
February 3, 2010 Filing 34 PROOF OF SERVICE Executed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Begbies Traynor Group served on 2/3/2010, answer due 2/24/2010. extended to 3/26/2010. The Summons and Complaint were served by acceptance of service, by Federal statute, upon HAYNES AND BOONE, LLP. Due Dilligence declaration not attached. Original Summons not returned. (Oparil, Richard)
February 3, 2010 Filing 33 PROOF OF SERVICE Executed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Asher D. Miller served on 2/3/2010, answer due 2/24/2010. extended to 3/26/2010. The Summons and Complaint were served by acceptance of service, by Federal statute, upon HAYNES AND BOONE, LLP. Due Dilligence declaration not attached. Original Summons not returned. (Oparil, Richard)
February 3, 2010 Filing 32 PROOF OF SERVICE Executed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon David Antony Rubin served on 2/3/2010, answer due 2/24/2010. extended to 3/26/2010. The Summons and Complaint were served by acceptance of service, by Federal statute, upon HAYNES AND BOONE, LLP. Due Dilligence declaration not attached. Original Summons not returned. (Oparil, Richard)
February 3, 2010 Filing 31 PROOF OF SERVICE Executed by Plaintiffs David Warnock(an individual and derivatively), upon Paul Davis served on 2/3/2010, answer due 2/24/2010. extended to 3/26/2010. The Summons and Complaint were served by acceptance of service, by Federal statute, upon HAYNES AND BOONE, LLP. Due Dilligence declaration not attached. Original Summons not returned. (Oparil, Richard)
February 3, 2010 Filing 30 PROOF OF SERVICE Executed filed by Plaintiffs David Warnock(an individual), Simon Davies(an individual and derivatively), upon David Rubin & Partners served on 2/3/2010, answer due 3/5/2010. extended to 3/26/2010. The Summons and Complaint were served by acceptance of service, by Federal statute, upon HAYNES AND BOONE, LLP. Due Dilligence declaration not attached. Original Summons not returned. (Oparil, Richard)
February 3, 2010 Filing 29 PROOF OF SERVICE Executed by Plaintiff Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Getfugu, Inc. served on 1/21/2010, answer due 2/11/2010. The Summons and Complaint were served by personal service, by Federal statute, upon Suzanne L. Allen, authorized agent for service of process. Due Dilligence declaration not attached. Original Summons returned. (Oparil, Richard)
February 2, 2010 Filing 28 REQUEST to Substitute attorney IMAN REZA in place of attorney MICHAEL J. HARTLEY AND JOANN M. WAKANA filed by Plaintiff SIMON DAVIES Simon Davies(an individual and derivatively). (Attachments: #1 Proposed Order ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY)(Reza, Iman)
February 2, 2010 Opinion or Order Filing 27 ORDER by Judge R. Gary Klausner: the documents listed below were improperly filed for the following reasons: Document should not have been filed as a motion, it is a request to substitute attorney. Counsel shall review General Order 08-02 and select the correct category.; therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: MOTION to Substitute attorney IMAN REZA in place of attorney MICHAEL J. HARTLEY and JOANN M. WAKANA #26 . (shb)
February 1, 2010 Filing 26 [DOCUMENT STRICKEN] - NOTICE OF MOTION AND MOTION to Substitute attorney IMAN REZA in place of attorney MICHAEL J. HARTLEY and JOANN M. WAKANA filed by Plaintiff SIMON DAVIES Simon Davies(an individual and derivatively). (Attachments: #1 Order on Request for Approval of Substitution of Attorney)(Reza, Iman) Modified on 2/2/2010 (shb).
January 21, 2010 Filing 25 PROOF OF SERVICE Executed Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Corporate Valuation Advisors, Inc. served on 12/17/2009, answer due 1/7/2010. The Summons and Complaint were served by personal service, by State statute, upon Lawrence Knauf, President. Due Dilligence declaration not attached. Original Summons not returned. (Oparil, Richard)
January 21, 2010 Filing 24 PROOF OF SERVICE Executed by Plaintiffs Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively), upon Anneli Freer served on 12/19/2009, answer due 1/9/2010. The Summons and Complaint were served by personal service, by Federal statute, upon Anneli Freer. Due Dilligence declaration not attached. Original Summons not returned. (Oparil, Richard)
January 19, 2010 Opinion or Order Filing 23 (IN CHAMBERS) ORDER by Judge R. Gary Klausner: granting #22 Application to Appear Pro Hac Vice by Attorney Richard J Oparil on behalf of Plaintiff Simon Davies, et al, designating Iman Reza as local counsel. (shb)
January 11, 2010 Filing 22 APPLICATION for attorney Richard J. Oparil to Appear Pro Hac Vice. (PHV FEE PAID.) filed by Plaintiffs David Warnock(an individual), Simon Davies(an individual and derivatively), David Warnock(an individual and derivatively). Lodged Proposed Order. (shb)
January 11, 2010 Filing 21 NOTICE OF ERRATA filed by Plaintiff Simon Davies. correcting Notice (Other) #14 (Attachments: #1 FIRST AMENDED RICO STATEMENT)(Reza, Iman)
January 6, 2010 Filing 20 FIRST AMENDED COMPLAINT against Defendant Richard Jenkins, William Schloth, Mark Champion, Corporate Valuation Advisors, Inc., Dragon Phoenix China Ltd., David Rubin & Partners, Paul Davis, Timothy Dolder, Stefan Eriksson, Anneli Freer, Ericka Freer, David Hudson, Jason Irwin, Juanita Group Ltd., Ivan D. Kozhuharov, Donald A. Kurz, Mark Lapresle, Mikael Ljungman, Hazina Ljungman, Asher D. Miller, Derek Norton, Michael O'Connor, Christine Peters, David Antony Rubin, Michael Jay Solomon, Leathem Steran, Bernard Stolar, Eric Stoppenhagen, Tiger Telematics, Inc., Chuck Timpe, Media Power USA LLC, DOE, Getfugu, Inc., Carl Freer, Alan J. Bailey, Begbies Traynor Group, Michael Carrender amending Complaint - (Discovery) #1 ,filed by Plaintiffs Simon Davies, David Warnock (shb) (Additional attachment(s) added on 1/7/2010: #1 summons on first amended complaint) (shb).
January 6, 2010 Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event to be used is: Motion - Request - Substitute Attorney re #9. re doc 10,11, First Amended Complaint and Summons to be manually filed at the Civil Intake window. Incorrect event selected re Notice of Errata; Use Miscellaneous events - Errata re #14 RE: Notice (Other) #14 , Miscellaneous Document #11 , Miscellaneous Document #10 , Interim MOTION to Alter Judgment re Order #6 . MOTION to Substitute attorney Iman Reza in place of attorney Michael J. Hartley and Joann M. Wakana #9 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (shb)
January 6, 2010 21 DAY Summons Issued re Amended Complaint,,, #20 as to Richard Jenkins, William Schloth, Mark Champion, Corporate Valuation Advisors, Inc., Dragon Phoenix China Ltd., David Rubin & Partners, Paul Davis, Timothy Dolder, Stefan Eriksson, Anneli Freer, Ericka Freer, David Hudson, Jason Irwin, Juanita Group Ltd., Ivan D. Kozhuharov, Donald A. Kurz, Mark Lapresle, Mikael Ljungman, Hazina Ljungman, Asher D. Miller, Derek Norton, Michael O'Connor, Christine Peters, David Antony Rubin, Michael Jay Solomon, Leathem Steran, Bernard Stolar, Eric Stoppenhagen, Tiger Telematics, Inc., Chuck Timpe, Media Power USA LLC, DOE, Getfugu, Inc., Carl Freer, Alan J. Bailey, Begbies Traynor Group, Michael Carrender. (shb)
January 6, 2010 Filing 18 REQUEST to Substitute attorney Iman Reza in place of attorney Michael J. Hartley and Joann M. Wakana filed by Plaintiff Simon Davies. (Attachments: #1 Order on Request for Approval of Substitution of Attorney)(Reza, Iman)
January 6, 2010 Opinion or Order Filing 17 ORDER by Judge R. Gary Klausner: the documents listed below were improperly filed for the following reasons: Document filed at DE 13 is not a motion, it is a request for Substitution of Attorney; therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: MOTION to Substitute attorney Iman Reza in place of attorney Michael J. Hartley and Joann M. Wakana #13 . (shb)
January 5, 2010 Opinion or Order Filing 16 ORDER by Judge R. Gary Klausner: the documents listed below were improperly filed for the following reasons: Initiating documents must be manually filed - please see General Order 08-02; therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: Miscellaneous Document #11 , Miscellaneous Document #10 . (es)
January 5, 2010 Opinion or Order Filing 15 ORDER by Judge R. Gary Klausner: the documents listed below were improperly filed for the following reasons: Document attached to DE 9 is a Request for Substitution of Attorney; Case number is incomplete; therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: Interim MOTION to Alter Judgment re Order #6 . MOTION to Substitute attorney Iman Reza in place of attorney Michael J. Hartley and Joann M. Wakana #9 . (es)
January 5, 2010 Filing 14 NOTICE Notice of Errata filed by Plaintiff Simon Davies. (Attachments: #1 First Amended Rico Statement)(Reza, Iman)
January 5, 2010 Filing 13 [DOCUMENT STRICKEN] - NOTICE OF MOTION AND MOTION to Substitute attorney Iman Reza in place of attorney Michael J. Hartley and Joann M. Wakana filed by Plaintiff Simon Davies. (Attachments: #1 Order on Request for Approval of Substitution of Attorney)(Reza, Iman) Modified on 1/6/2010 (shb).
January 4, 2010 Filing 12 STATEMENT Rico Statement filed by Plaintiff Simon Davies (Reza, Iman)
January 4, 2010 Filing 11 Summons filed by Plaintiffs Simon Davies, David Warnock re: Miscellaneous Document #10 (Reza, Iman)
January 4, 2010 Filing 10 First Amended Complaint (Reza, Iman)
January 4, 2010 Filing 9 NOTICE OF MOTION AND Interim MOTION to Alter Judgment re Order #6 ., MOTION to Substitute attorney Iman Reza in place of attorney Michael J. Hartley and Joann M. Wakana filed by Plaintiff Simon Davies. (Attachments: #1 Proposed Order)(Reza, Iman)
January 4, 2010 Filing 8 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event to be used is: Motions - Request - Substitution of Attorney and attach proposed order RE: Miscellaneous Document #7 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (shb)
December 31, 2009 Filing 7 Request for Approval of substitution of attorney filed by Plaintiffs Simon Davies, David Warnock (Attachments: #1 Proposed Order re Request for approval of substitution of attorney)(Reza, Iman)
December 3, 2009 Opinion or Order Filing 6 ORDER RE RICO CASES by Judge R. Gary Klausner, (shb)
December 3, 2009 Opinion or Order Filing 5 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner: READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE. This action has been assigned to the calendar of Judge R Gary Klausner. The Responsibility for the progress of litigation in the Federal Courts falls not only upon the attorneys in the action but upon the Court as well. To secure the just, speedy and inexpensive determination of every action, all counsel are hereby ordered to familiarize themselves with the Federal Rules of Civil Procedures (See document for further details) (shb)
November 25, 2009 Filing 4 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Richard J Oparil for Plaintiffs Simon Davies, David Warnock. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $185.00fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U. S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et)
November 25, 2009 Filing 3 NOTICE of Related Case(s) filed by Plaintiffs Simon Davies, David Warnock. Related Case(s): CV 09-07388 GHK (FMOx). (et) (ds).
November 25, 2009 Filing 2 CERTIFICATE of Interested Parties filed by Plaintiffs Simon Davies, David Warnock. (et) (ds).
November 25, 2009 Filing 1 COMPLAINT FOR RICO against Defendants Mark Champion, Corporate Valuation Advisors, Inc., Dragon Phoenix China Ltd., David Rubin & Partners, Paul Davis, Timothy Dolder, Stefan Eriksson, Anneli Freer, Ericka Freer, David Hudson, Jason Irwin, Juanita Group Ltd., Ivan D. Kozhuharov, Donald A. Kurz, Mark Lapresle, Mikael Ljungman, Hazina Ljungman, Asher D. Miller, Derek Norton, Michael O'Connor, Christine Peters, David Antony Rubin, Michael Jay Solomon, Leathem Steran, Bernard Stolar, Eric Stoppenhagen, Tiger Telematics, Inc., Chuck Timpe, Media Power USA LLC, DOE 1 through 100 inclusive, Getfugu, Inc., Carl Freer, Alan J. Bailey, Begbies Traynor Group, Michael Carrender. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiffs Simon Davies, David Warnock. [Given Does Dismissal Form.] (et) Modified on 12/2/2009 (et). (ds).
November 25, 2009 20 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Mark Champion, Corporate Valuation Advisors, Inc., Dragon Phoenix China Ltd., David Rubin & Partners, Paul Davis, Timothy Dolder, Stefan Eriksson, Anneli Freer, Ericka Freer, David Hudson, Jason Irwin, Juanita Group Ltd., Ivan D. Kozhuharov, Donald A. Kurz, Mark Lapresle, Mikael Ljungman, Hazina Ljungman, Asher D. Miller, Derek Norton, Michael O'Connor, Christine Peters, David Antony Rubin, Michael Jay Solomon, Leathem Steran, Bernard Stolar, Eric Stoppenhagen, Tiger Telematics, Inc., Chuck Timpe, Media Power USA LLC, DOE 1 through 100 inclusive, Getfugu, Inc., Carl Freer, Alan J. Bailey, Begbies Traynor Group, Michael Carrender. (et)

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Search for this case: Simon Davies et al v. Getfugu, Inc. et al
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Defendant: Ericka Freer
Represented By: Theona Zhordania
Represented By: John C Kirkland
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Defendant: Stefan Eriksson
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Defendant: Richard Jenkins
Represented By: Theona Zhordania
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Defendant: Carl Freer
Represented By: Theona Zhordania
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Defendant: David Rubin & Partners
Represented By: Glenn E Westreich
Represented By: Clark S Stone
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Defendant: Chuck Timpe
Represented By: Theona Zhordania
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Defendant: CPA William Schloth
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Defendant: Anneli Freer
Represented By: John C Kirkland
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Defendant: Hazina Ljungman
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Defendant: Jason Irwin
Represented By: Theona Zhordania
Represented By: John C Kirkland
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Defendant: Mark Champion
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Defendant: Mark Lapresle
Represented By: Theona Zhordania
Represented By: John C Kirkland
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Defendant: Begbies Traynor Group
Represented By: Glenn E Westreich
Represented By: Clark S Stone
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Defendant: DOE
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Defendant: Tiger Telematics, Inc.
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Defendant: Dragon Phoenix China Ltd.
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Defendant: Bernard Stolar
Represented By: Theona Zhordania
Represented By: John C Kirkland
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Defendant: Donald A. Kurz
Represented By: Theona Zhordania
Represented By: John C Kirkland
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Defendant: Alan J. Bailey
Represented By: Theona Zhordania
Represented By: John C Kirkland
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Defendant: Michael Carrender
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Defendant: Ivan D. Kozhuharov
Represented By: Theona Zhordania
Represented By: John C Kirkland
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Defendant: Christine Peters
Represented By: Theona Zhordania
Represented By: John C Kirkland
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Defendant: Leathem Steran
Represented By: Theona Zhordania
Represented By: John C Kirkland
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Defendant: Juanita Group Ltd.
Represented By: John C Kirkland
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Defendant: David Hudson
Represented By: Glenn E Westreich
Represented By: Clark S Stone
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Defendant: Getfugu, Inc.
Represented By: Theona Zhordania
Represented By: John C Kirkland
Represented By: Vicky N Pham
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Defendant: David Antony Rubin
Represented By: Glenn E Westreich
Represented By: Clark S Stone
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Defendant: Mikael Ljungman
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Defendant: Michael Jay Solomon
Represented By: Theona Zhordania
Represented By: John C Kirkland
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Defendant: Michael O'Connor
Represented By: John C Kirkland
Represented By: Theona Zhordania
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Defendant: Asher D. Miller
Represented By: Glenn E Westreich
Represented By: Clark S Stone
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Defendant: Media Power USA LLC
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Defendant: Eric Stoppenhagen
Represented By: Theona Zhordania
Represented By: John C Kirkland
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Defendant: Corporate Valuation Advisors, Inc.
Represented By: Frances O'Meara
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Defendant: Timothy Dolder
Represented By: Glenn E Westreich
Represented By: Clark S Stone
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Defendant: Derek Norton
Represented By: Theona Zhordania
Represented By: John C Kirkland
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Defendant: Paul Davis
Represented By: Glenn E Westreich
Represented By: Clark S Stone
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Plaintiff: Simon Davies
Represented By: Richard J Oparil
Represented By: Iman Reza
Represented By: Joann Miwako Wakana
Represented By: Michael J Hartley
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Plaintiff: David Warnock
Represented By: Richard J Oparil
Represented By: Iman Reza
Represented By: Joann Miwako Wakana
Represented By: Michael J Hartley
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Intervenor plaintiff: Palestine Investment Fund
Represented By: Denise Michelle Douglas
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