Donald C Bayer et al v. Cabot Investment Properties LLC et al
| Donald C Bayer and Cabot Creekside 15 LLC |
| Carlton P Cabot, Timothy J Kroll, Cabot Creekside Acquisition LLC and Cabot Investment Properties LLC |
| 2:2013cv01652 |
| March 8, 2013 |
| US District Court for the Central District of California |
| Marc L Goldman |
| Ronald SW Lew |
| Other Fraud |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 25 NOTICE of Voluntary Dismissal Without Prejudice filed by Plaintiffs Donald C Bayer, Cabot Creekside 15 LLC. (Kartchner, Todd) |
| Filing 24 DEFAULT JUDGMENT #19 by Judge Ronald S.W. Lew against Defendants Cabot Investment Properties, LLC; Cabot Creekside Acquisition, LLC; and Carlton P. Cabot. The Court enters judgment in the amount of $1,000,000 plus prejudgment and post-judgment interest. (jre) (Main Document 24 replaced on 6/21/2013 to remove termination code) (jre). |
Filing 23
ORDER Re: Plaintiffs' Second Motion for Entry of Stipulated Default Judgment #19 by Judge Ronald S.W. Lew: Default judgment shall be entered against Defendants Cabot Investment Properties, LLC; Cabot Creekside Acquisition, LLC; and Carlton P. Cabot. The Court enters default judgment against Defendants as follows: 1. The Court GRANTS Plaintiffs' request for damages in the amount of $1,000,000, as Plaintiffs and Defendants stipulated in their Settlement Agreement, signed in June 2012. 2. The Court also GRANTS Plaintiffs request for pre-judgment and post-judgment interest, at the rate prescribed under 28 U.S.C. 1961. (jre)
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Filing 22
TEXT ONLY ORDER (IN CHAMBERS) by Judge Ronald S.W. Lew: On the Court's own motion, the hearing on the Second Motion for Entry of Stipulated Default Judgment #19 is hereby taken OFF-CALENDAR and is now UNDER SUBMISSION. No appearances necessary on 5/29/2013. The Court's order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre)
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Filing 21
TEXT ONLY ORDER (IN CHAMBERS) by Judge Ronald S.W. Lew: Having received adequate response from Plaintiff, the Court's Order to Show Cause dated 4/24/2013 is hereby DISCHARGED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre)
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| Filing 20 NOTICE of Second Motion for Entry of Stipulated Default Judgment filed by Plaintiffs Donald C Bayer, Cabot Creekside 15 LLC. (Kartchner, Todd) |
| Filing 19 NOTICE OF MOTION AND Second MOTION for Default Judgment against Defendants Cabot Investment Properties, LLC; Cabot Creekside Acquisition, LLC; Carlton P. Cabot filed by Plaintiffs Donald C Bayer, Cabot Creekside 15 LLC. (Attachments: #1 Exhibit Declaration of Todd Kartchner, Exhibits A-C)(Kartchner, Todd) |
| Filing 18 DEFAULT BY CLERK ENTERED as to Defendants Carlton P. Cabot; Cabot Creekside Acquisition LLC; and Cabot Investment Properties, LLC. (jre) |
| Filing 17 REQUEST for Entry of Default against Defendants Carlton P Cabot, Cabot Creekside Acquisition LLC, Cabot Investment Properties LLC Second Request filed by Plaintiffs Donald C Bayer, Cabot Creekside 15 LLC. (Attachments: #1 Exhibit Declaration)(Kartchner, Todd) |
| Filing 16 RESPONSE filed by Plaintiffs Donald C Bayer, Cabot Creekside 15 LLC to Court's Order to Show Cause (Attachments: #1 Exhibit Declaration)(Kartchner, Todd) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Donald C Bayer, Cabot Creekside 15 LLC, upon Defendant Service of the Summons and Complaint were executed upon Jonathan A. Olick, Attorney in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Kartchner, Todd) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Donald C Bayer, Cabot Creekside 15 LLC, upon Defendant Service of the Summons and Complaint were executed upon Jonathan A. Olick, Attorney in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Kartchner, Todd) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Donald C Bayer, Cabot Creekside 15 LLC, upon Defendant Service of the Summons and Complaint were executed upon Jonathan A. Olick, Attorney in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Kartchner, Todd) |
| Filing 12 RESPONSE by the Court to Notice To Filer of Deficiencies in Electronically Filed Documents RE: MOTION for Default Judgment #9 : Pursuant to the Notice of Deficiency #11 , the Request for Entry of Default at #8 was not entered. Accordingly, the document #9 is STRICKEN as premature. The filing party shall properly file a Motion for Default Judgment if and when default is entered by the clerk/court. (jre) |
| Filing 11 NOTICE OF DEFICIENCY Re: The Clerk cannot enter the requested relief as Proof of Service is lacking required information. Proof of Service document/image lacks information regarding statute upon which service was made. No information on Proof of Service document/image indicating person served is authorized agent for service of process. Written information provided in docket entry text does not correspond to document/image. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (jre) |
| Filing 10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Default Judgment #9 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Proposed Document was not submitted as a separate attachment. Default not entered by Clerk. Motion is premature. 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. (jre) |
| Filing 9 STRICKEN - NOTICE OF MOTION AND MOTION for Default Judgment against Defendants Cabot Investment Properties, LLC; Cabot Creekside Acquisition, LLC; Carlton P. Cabot filed by Plaintiffs Donald C Bayer, Cabot Creekside 15 LLC. (Attachments: #1 Exhibit Declaration of Todd Kartchner)(Kartchner, Todd) Modified on 4/23/2013 (jre). |
| Filing 8 REQUEST for Entry of Default against Defendants Carlton P Cabot, Cabot Creekside Acquisition LLC, Cabot Investment Properties LLC filed by Plaintiffs Donald C Bayer, Cabot Creekside 15 LLC. (Attachments: #1 Exhibit Declaration of Todd Kartchner Exh. A-C)(Kartchner, Todd) |
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Filing 7
IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge Ronald S.W. Lew. The file in this case lacks the papers that would show it is being timely prosecuted, as reflected below. Accordingly, the Court, on its own motion, hereby orders plaintiff (s) to show cause in writing no later than April 24, 2013, why this action should not be dismissed for lack of prosecution. As an alternative to a written response by plaintiff(s), the Court will accept one of the following, if it is filed on or before the above date, as evidence that the matter is being prosecuted diligently: Defendant's Answer to Complaint or Plaintiff's Request for Entry of Default on defendant. SEE ORDER FOR FURTHER AND COMPLETE INFORMATION. (jre)
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| Filing 6 PROOF OF SERVICE Executed by Plaintiff Donald C Bayer, Cabot Creekside 15 LLC, upon Defendant Cabot Creekside Acquisition LLC served on 3/20/2013, answer due 4/10/2013. Service of the Summons and Complaint were executed upon Jonathan A. Olick, Esq. in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Kartchner, Todd) |
| Filing 5 PROOF OF SERVICE Executed by Plaintiff Donald C Bayer, Cabot Creekside 15 LLC, upon Defendant Cabot Investment Properties LLC served on 3/20/2013, answer due 4/10/2013. Service of the Summons and Complaint were executed upon Jonathan A. Olick, Esq. in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Kartchner, Todd) |
| Filing 4 PROOF OF SERVICE Executed by Plaintiff Donald C Bayer, Cabot Creekside 15 LLC, upon Defendant Carlton P Cabot served on 3/20/2013, answer due 4/10/2013. Service of the Summons and Complaint were executed upon Jonathan A. Olick, Esq. in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Kartchner, Todd) |
| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(ghap) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Donald C Bayer, Cabot Creekside 15 LLC. (ghap) (mg). |
| Filing 1 COMPLAINT against Defendants Carlton P Cabot, Cabot Creekside Acquisition LLC, Cabot Investment Properties LLC, Timothy J Kroll.Case assigned to Judge Ronald S.W. Lew for all further proceedings. Discovery referred to Magistrate Judge Marc L Goldman.(Filing fee $ 350:PAID), filed by plaintiff Donald C Bayer, Cabot Creekside 15 LLC.(ghap) (mg). |
| 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendants Carlton P Cabot, Cabot Creekside Acquisition LLC, Cabot Investment Properties LLC, Timothy J Kroll. (ghap) |
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