Martin Vogel v. Does
Plaintiff: Martin Vogel
Defendant: Tommy Bahama R and R Holdings, Inc. doing business as Tommy Bahama No 0096, Aeropostale West, Inc. doing business as Aeropostale No 00717, U.S. Outlet Stores Ontario, LLC doing business as U.S. Polo Assn. No 0004, Marshalls of CA, LLC doing business as Marshalls No 665, Rainforest Cafe, Inc. doing business as Rainforest Cafe, QS Retail, Inc. doing business as Quiksilver Factory Store No 0836, Nike Retail Services, Inc. doing business as Nike Factory Store No 110, AE Retail West, LLC doing business as Aerie No 02851, PVH Retail Stores, Inc. doing business as Tommy Hilfiger No 104, Ontario Mills II Limited Partnership, Cornerstone Apparel, Inc. doing business as Papaya Clothing, Levis Only Stores, Inc. doing business as Levis Outlet Store No 310, SB Capital Acquisitions, LLC doing business as JCs 5 Star Outlet, Ontario Mills Limited Partnership, VF Outlet, Inc. doing business as Vans No 081, VF Outdoor, Inc. doing business as Vans No 081, Simon Property Group, LP, Dave and Busters, Inc. doing business as Dave and Busters No 10, H and M Hennes and Mauritz, LP doing business as H and M No 177, Converse, Inc. doing business as Converse No 0020, Windsor Fashions, Inc. doing business as Windsor No 0501, Banana Republic, LLC doing business as Banana Republic Factory Store No 7983, Cotton On USA, Inc. doing business as Cotton On, Does 1-50, Pacific Sunwear Stores Corp. doing business as PacSun No 01000, The Gap, Inc. doing business as Gap Outlet No 7779, Dave and Busters of California, Inc. doing business as Dave and Busters No 10, La Jolla Retail, Inc. doing business as ONeill No 013A, The Wet Seal Retail, Inc. doing business as Wet Seal No 626, Nautica Retail USA, Inc. doing business as Nautica No 0066, World of Jeans and Tops doing business as Tillys No 12, Zumiez, Inc. doing business as Zumiez No 123 and Old Navy, LLC doing business as Old Navy No 5788
Alternative Dispute Resolution (Adr) Provider: Douglass B Davidson
Case Number: 2:2013cv03334
Filed: May 10, 2013
Court: US District Court for the Central District of California
Presiding Judge: Jay C Gandhi
Referring Judge: Dolly M Gee
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12101
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 20, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 20, 2014 Filing 154 NOTICE of Voluntary Dismissal filed by plaintiff Martin Vogel. Dismissal is with prejudice. (Hubbard, Lynn)
July 17, 2014 Filing 153 NOTICE OF DISMISSAL filed by plaintiff Martin Vogel pursuant to FRCP 41a(1) as to Converse, Inc., Nike Retail Services, Inc.. (Hubbard, Lynn)
July 3, 2014 Opinion or Order Filing 152 ORDER RE JOINT STIPULATION FOR DISMISSAL OF DEFENDANTS ONTARIO MILLS LIMITED PARTNERSHIP, ONTARIO MILLS II LIMITED PARTNERSHIP AND SIMON PROPERTY GROUP, L.P. by Judge Dolly M. Gee: Upon Stipulation #151 , IT IS HEREBY ORDERED that the action and all claims against defendants Ontario Mills Limited Partnership; Ontario Mills II Limited Partnership; and Simon Property Group, L.P. are dismissed with prejudice. (gk)
July 3, 2014 Filing 151 Joint STIPULATION to Dismiss defendants Ontario Mills II Limited Partnership, Ontario Mills Limited Partnership, Simon Property Group, LP filed by plaintiff Martin Vogel. (Attachments: #1 Proposed Order)(Hubbard, Lynn)
June 20, 2014 Opinion or Order Filing 150 MINUTE IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES by Judge Dolly M. Gee: In light of the notice of settlement, filed June 19, 2014, indicating that the case has settled in its entirety, this action is placed in inactive status. By August 14, 2014 the parties shall file either (1) a proper stipulation and order for dismissal or judgment or (2) motion to reopen if settlement has not been consummated. Upon the failure to timely comply with this Order, this action shall be deemed dismissed as of August 15, 2014.This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. Plaintiff's Motion to Strike Affirmative Defenses [Doc # 92] is hereby DENIED as moot. The Final Pretrial Conference on October 14, 2014 and Jury Trial on November 11, 2014 are hereby VACATED. (Made JS-6. Case Terminated.) (jp)
June 19, 2014 Filing 149 NOTICE of Settlement filed by Plaintiff Martin Vogel. (Hubbard, Lynn)
June 11, 2014 Filing 148 NOTICE of Settlement as to Defendants Ontario Mills Limited Partnership; Ontario Mills II Limited Partnership; and, Simon Property Group, LP only filed by Plaintiff Martin Vogel. (Hubbard, Lynn)
March 19, 2014 Opinion or Order Filing 147 MINUTES OF IN CHAMBERS - ORDER DISMISSING DEFENDANTS OTHER THAN ONTARIO MILLS LIMITED PARTNERSHIP, ONTARIO MILLS II LIMITED PARTNERSHIP, AND SIMON PROPERTY GROUP, LP by Judge Dolly M. Gee: On 11/14/2013, the Court granted Defendant Tommy Bahama R&R Holdings, Inc. dba Tommy Bahama's motion to sever and dismiss for improper joinder, and issued an Order to Show Cause why the remaining defendants other than Ontario Mills Limited Partnership, Ontario Mills II Limited Partnership, and Simon Property Group, LP in this action should not be dismissed for improper joinder #122 . Because Vogel has not satisfactorily justified joinder of the Tenant Defendants Zumiez, Inc. dba Zumiez #123, Nautica Retail USA, Inc. dba Nautica #0066, Pacific Sunwear Stores Corp. dba PacSun #01000, VF Outdoor, Inc. dba Vans #081, VF Outlet, Inc. dba Vans #081, World of Jeans & Tops dba Tilly's #12, U.S. Outlet Stores Ontario, LLC dba U.S. Polo Assn. #0004, and PVH Retail Stores, Inc. dba Tommy Hilfiger #104, nor demonstrated how he will suffer prejudice if these parties are not joined, the Court dismisses the Tenant Defendants from this action, without prejudice. Court Reporter: Not Reported. (gk)
February 24, 2014 Filing 146 Notice of Appearance or Withdrawal of Counsel: for attorney Sean D Flaherty counsel for Defendant La Jolla Retail, Inc.. Sean Donovan Flaherty will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant La Jolla Retail, Inc.. (Flaherty, Sean)
February 24, 2014 Filing 145 Notice of Appearance or Withdrawal of Counsel: for attorney Seyamack Kouretchian counsel for Defendant La Jolla Retail, Inc.. Seyamack Kouretchian will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant La Jolla Retail, Inc.. (Kouretchian, Seyamack)
February 24, 2014 Filing 144 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Douglass B Davidson has been assigned to serve as Panel Mediator. (mb)
February 21, 2014 Filing 143 NOTICE of Interested Parties filed by Defendant PVH Retail Stores, Inc.. (Charles, Brandie)
February 13, 2014 Filing 142 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery) #140 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. 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. (rne)
February 10, 2014 Filing 141 JOINDER filed by Defendant PVH Retail Stores, Inc. joining in Response (non-motion) #138 . (Charles, Brandie)
February 10, 2014 Filing 140 ANSWER to Amended Complaint,,,,,, #8 filed by Defendant PVH Retail Stores, Inc..(Attorney Brandie N Charles added to party PVH Retail Stores, Inc.(pty:dft))(Charles, Brandie)
January 16, 2014 Filing 139 NOTICE of Change of address by Ryan David Fischbach attorney for Defendants Ontario Mills Limited Partnership, Simon Property Group, LP. Changing attorneys address to 11601 Wilshire Boulevard, Suite 1400, Los Angeles, CA 90025-0509. Filed by Defendants Ontario Mills Limited Partnership, Simon Property Group, LP. (Fischbach, Ryan)
January 15, 2014 Filing 138 RESPONSE filed by Defendant Zumiez, Inc.to Reply (non-motion), #137 , Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines,,,,,, #122 (McClellan, Edson)
December 30, 2013 Filing 137 REPLY filed by Plaintiff Martin Vogel to Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines,,,,,, #122 addressing Order to Show Cause Regarding Misjoinder (Attachments: #1 Declaration of Anthony M. Bettencourt)(Hubbard, Scottlynn)
December 23, 2013 Opinion or Order Filing 136 ORDER RE: JOINT STIPULATION FOR DISMISSAL OF DEFENDANT LA JOLLA RETAIL, INC. dba O'NEILL #013A by Judge Dolly M. Gee: Upon Stipulation #135 , IT IS HEREBY ORDERED that the action and all claims against defendant La Jolla Retail, Inc. dba O'Neill #013A are dismissed with prejudice. (gk)
December 20, 2013 Filing 135 Joint STIPULATION to Dismiss defendant La Jolla Retail, Inc. filed by plaintiff Martin Vogel. (Attachments: #1 Proposed Order)(Hubbard, Lynn)
December 13, 2013 Opinion or Order Filing 134 ORDER RE: JOINT STIPULATION FOR DISMISSAL OF DEFENDANT LEVI'S ONLY STORES, INC. dba LEVI'S OUTLET STORE #310 by Judge Dolly M. Gee: Upon Stipulation #133 , IT IS HEREBY ORDERED that the action and all claims against defendant Levi's Only Stores, Inc. dba Levi's Outlet Store #310 are dismissed with prejudice. (gk)
December 13, 2013 Filing 133 Joint STIPULATION to Dismiss defendant Levis Only Stores, Inc. filed by plaintiff Martin Vogel. (Attachments: #1 Proposed Order)(Hubbard, Lynn)
December 4, 2013 Opinion or Order Filing 132 ORDER by Judge Dolly M. Gee, re Stipulation #131 the above-entitled action is dismissed with prejudice in its entirety as to Defendants H&M HENNES & MAURITZ, LP dba H&M #177 and DAVE & BUSTERS OF CALIFORNIA, INC., DAVE & BUSTERS, INC. dba DAVE & BUSTERS #10, with each of these parties to bear their own costs. (lc)
December 4, 2013 Filing 131 Joint STIPULATION to Dismiss defendants Dave and Busters, Inc. filed by defendants Dave and Busters of California, Inc.. (Attachments: #1 Proposed Order Amdend Joint Stipulation for Dismissal)(Jeffrey, Sharon)
December 4, 2013 Filing 130 NOTICE of Settlement as to Defendant La Jolla Retail, Inc. ONLY filed by Plaintiff Martin Vogel. (Hubbard, Lynn)
November 26, 2013 Opinion or Order Filing 129 MINUTES (IN CHAMBERS) ORDER AND NOTICE TO ALL PARTIES by Judge Dolly M. Gee: In light of the notice of settlement, filed 11/11/2013, indicating that the case has settled as to defendant Levi's Only Stores, Inc., this action is placed in inactive status as to the named defendant. By 1/17/2014 the parties shall file either (1) a proper stipulation and order for dismissal or judgment or (2) motion to reopen if settlement has not been consummated. Upon the failure to timely comply with this Order, this action shall be deemed dismissed on 1/21/2014, as to defendant Levi's Only Stores, Inc. This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. All pretrial and trial dates are hereby VACATED as to defendant Levi's Only Stores, Inc. Court Reporter: Not Reported. (gk)
November 26, 2013 Filing 128 Joint STIPULATION to Dismiss Defendants Dave and Busters of California, Inc. filed by Defendants Dave and Busters of California, Inc.. (Attachments: #1 Proposed Order to Dismiss Complaint as to Defendants H&M and Dave & Busters)(Jeffrey, Sharon)
November 22, 2013 Filing 126 NOTICE of Settlement as to Defendant Levi's Only Stores, Inc. ONLY filed by plaintiff Martin Vogel. (Hubbard, Lynn)
November 21, 2013 Opinion or Order Filing 127 ORDER GRANTING PLAINTIFF'S REQUEST FOR EXTENSION OF TIME TO RESPOND TO OSC RE MISJOINDER by Judge Dolly M. Gee: Upon Plaintiff's Request #125 , Plaintiff's time to respond to the Order to Show Cause Regarding Misjoinder is extended to 12/30/2013. The due date for Defendants' response is extended to 1/15/2014. (gk)
November 15, 2013 Filing 125 REQUEST for Extension of Time to File response to OSC regarding misjoinder filed by plaintiff Martin Vogel. (Attachments: #1 Proposed Order)(Hubbard, Scottlynn)
November 14, 2013 Opinion or Order Filing 124 ORDER/REFERRAL to ADR Procedure No 2 by Judge Dolly M. Gee. Case ordered to Court Mediation Panel for mediation. The ADR proceeding is to be completed no later than 6/6/2014. Joint status report re settlement due by 6/13/2014; no appearance necessary. (gk)
November 14, 2013 Opinion or Order Filing 123 SCHEDULING AND CASE MANAGEMENT ORDER FOR JURY TRIAL by Judge Dolly M. Gee: PLEASE READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. The Court has scheduled the dates set forth on the last page of this Order after review of the parties' Joint Scheduling Conference Report. Therefore, the Court deems a Scheduling Conference unnecessary and hereby vacates the hearing. The Court has not implemented the parties' suggested dates because earlier dates are appropriate for a case of this nature. Final Pretrial Conference set for 10/14/2014 at 2:00 PM. Jury Trial set for 11/11/2014 at 8:30 AM. SEE THE LAST PAGE OF THIS ORDER FOR ALL SCHEDULEDDATES. (ms)
November 14, 2013 Opinion or Order Filing 122 MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE RE MISJOINDER by Judge Dolly M. Gee: On 11/14/2013, the Court granted Defendant Tommy Bahama R&R Holdings, Inc. dba Tommy Bahama's motion to sever and dismiss for misjoinder #121 . Based on the analysis in that Order, Plaintiff Martin Vogel is hereby ORDERED TO SHOW CAUSE in writing, no later than 11/29/2013, why the remaining defendants other than Ontario Mills Limited Partnership, Ontario Mills II Limited Partnership, and Simon Property Group, LP in this action should not be dismissed for improper joinder. Failure to respond to this Order to Show Cause in a timely and satisfactory manner will result in the dismissal of this action as to all Defendants other than the Ontario Mills Defendants. The remaining defendants may file a response by no later than 12/12/2013. The Court urges Defendants to coordinate their response in order to obviate the filing of duplicative responses. Court Reporter: Not Reported. (gk)
November 14, 2013 Opinion or Order Filing 121 MINUTES OF IN CHAMBERS - ORDER RE DEFENDANT TOMMY BAHAMA R&R HOLDINGS, INC.'S MOTION TO SEVER AND DISMISS BASED ON MISJOINDER by Judge Dolly M. Gee: Defendant Tommy Bahama R&R Holdings, Inc. dba Tommy Bahama's motion to sever and dismiss based on misjoinder #86 is GRANTED. Vogel may file a separate action against Bahama with a new complaint and filing fee. The 11/15/2013 hearing is VACATED. Court Reporter: Not Reported. (gk)
November 14, 2013 Filing 120 First REQUEST to Substitute attorney Robert G. Loewy in place of attorney Christopher M. Lal filed by Defendant World of Jeans and Tops. Request set for hearing on 11/15/2013 at 11:00 AM before Judge Dolly M. Gee. (Loewy, Robert)
November 14, 2013 Filing 119 CORPORATE DISCLOSURE STATEMENT and Certification and Notice of Interested Parties per Local Rule 7.1.1 filed by Defendant World of Jeans and Tops identifying Tilly's, Inc. as Corporate Parent. (Loewy, Robert)
November 13, 2013 Filing 118 SCHEDULING NOTICE by Judge Dolly M. Gee: The Court finds that Plaintiff's MOTION to Strike Affirmative Defenses #92 currently scheduled for hearing on November 15, 2013, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) TEXT ONLY ENTRY
November 12, 2013 Filing 117 NOTICE OF ERRATA filed by Plaintiff Martin Vogel. correcting Joint Report Rule 26(f) Discovery Plan #104 (Attachments: #1 Exhibit A- Schedule of Pretrial and Trial Dates Worksheet)(Hubbard, Scottlynn)
November 12, 2013 Filing 116 NOTICE OF DISMISSAL filed by plaintiff Martin Vogel pursuant to FRCP 41a(1) as to Marshalls of CA, LLC. (Hubbard, Lynn)
November 12, 2013 Filing 115 First NOTICE of Appearance filed by attorney Seyamack Kouretchian on behalf of Defendant La Jolla Retail, Inc. (Kouretchian, Seyamack)
November 11, 2013 Filing 113 NOTICE OF DISMISSAL filed by plaintiff Martin Vogel pursuant to FRCP 41a(1) as to QS Retail, Inc.. (Hubbard, Lynn)
November 10, 2013 Filing 112 NOTICE OF LODGING filed re Request for ADR Procedure No. 1 - (ADR-1) #111 (Attachments: #1 Proposed Order re ADR Selection)(Hurley, Gregory)
November 10, 2013 Filing 111 REQUEST for ADR Procedure No. 1 filed. Parties request to Appear Before Magistrate for settlement proceedings. Filed by Defendant Tommy Bahama R and R Holdings, Inc..(Hurley, Gregory)
November 8, 2013 Filing 114 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Answer to First Amended Complaint by Defendant World of Jeans & Tops dbaTilly's #12 filed 10/22/2013 #94 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties. 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. (gk)
November 7, 2013 Filing 110 REQUEST for ADR Procedure No. 1 filed. Parties request to Appear Before magistrate judge for settlement proceedings. Filed by Defendant La Jolla Retail, Inc.. (Attachments: #1 Proposed Order)(Kouretchian, Seyamack)
November 7, 2013 Filing 109 REQUEST for ADR Procedure No. 2 filled. Parties request to appear before a neutral selected from the court's Mediation Panel for mediation. Filed by Plaintiff Martin Vogel (Attachments: #1 Proposed Order)(Hubbard, Lynn)
November 6, 2013 Opinion or Order Filing 108 ORDER by Judge Dolly M. Gee EXTENDING TIME TO FILE PLAINTIFF'S MOTION TO STRIKE AFFIRMATIVE DEFENSES UNDER RULE 12(f) #106 . In accordance with the parties' stipulation, AND FOR GOOD CAUSE SHOWN, Plaintiff's time to file a motion to strike affirmative defenses from Defendant Zumiez, Inc. dba Zumiez No. 123s answer is hereby extended to December 6, 2013. (pso)
November 5, 2013 Filing 106 Joint STIPULATION for Extension of Time to File motion to strike affirmative defenses filed by plaintiff Martin Vogel. (Attachments: #1 Proposed Order)(Hubbard, Lynn)
November 4, 2013 Opinion or Order Filing 107 ORDER EXTENDING TIME TO FILE PLAINTIFF'S MOTION TO STRIKE AFFIRMATIVE DEFENSES UNDER RULE 12(f) by Judge Dolly M. Gee: Upon Stipulation #106 , Plaintiff's time to file a motion to strike affirmative defenses from Defendant Levi's Only Stores, Inc. dba Levis Outlet Store No. 310's answer is hereby extended to 12/6/2013. (gk)
November 1, 2013 Filing 105 Joint STIPULATION for Extension of Time to File motion to strike affirmative defenses filed by plaintiff Martin Vogel. (Attachments: #1 Proposed Order)(Hubbard, Lynn)
November 1, 2013 Filing 104 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1-4 days, filed by Plaintiff Martin Vogel.. (Hubbard, Lynn)
November 1, 2013 Filing 103 REPLY In Support Of MOTION to Dismiss Case Based on Misjoinder #86 filed by Defendant Tommy Bahama R and R Holdings, Inc.. (Hurley, Gregory)
October 31, 2013 Filing 102 MINUTES (IN CHAMBERS) by Judge Dolly M. Gee: In light of the notice of settlement, filed 10/22/2013, indicating that the case has settled in its entirety, this action is placed in inactive status as to defendant QS Retail, Inc. By 12/17/2013 the parties shall file either (1) a proper stipulation and order for dismissal or judgment or (2) motion to reopen if settlement has not been consummated. Upon the failure to timely comply with this Order, this action shall be deemed dismissed as of 12/18/2013. This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. Court Reporter: Not Reported. (gk)
October 31, 2013 Filing 101 MINUTES (IN CHAMBERS) by Judge Dolly M. Gee: In light of the notice of settlement, filed 10/9/2013, indicating that the case has settled in its entirety, this action is placed in inactive status as to defendant Marshalls of California, LLC. By 12/4/2013 the parties shall file either (1) a proper stipulation and order for dismissal or judgment or (2) motion to reopen if settlement has not been consummated. Upon the failure to timely comply with this Order, this action shall be deemed dismissed as of 12/5/2013. This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. Court Reporter: Not Reported. (gk)
October 31, 2013 Filing 100 ANSWER to Amended Complaint,,,,,, #8 filed by Defendants Ontario Mills Limited Partnership, Simon Property Group, LP.(Fischbach, Ryan)
October 31, 2013 Filing 99 CERTIFICATE of Interested Parties filed by Defendants Ontario Mills Limited Partnership, Simon Property Group, LP, identifying ONTARIO MILLS LIMITED PARTNERSHIP, SIMON PROPERTY GROUP, L.P., MARTIN VOGEL. (Fischbach, Ryan)
October 29, 2013 Filing 98 NOTICE OF DISMISSAL filed by plaintiff Martin Vogel pursuant to FRCP 41a(1) as to SB Capital Acquisitions, LLC. (Hubbard, Lynn)
October 29, 2013 Filing 97 NOTICE OF DISMISSAL filed by plaintiff Martin Vogel pursuant to FRCP 41a(1) as to Windsor Fashions, Inc.. (Hubbard, Lynn)
October 29, 2013 Filing 96 NOTICE OF DISMISSAL filed by plaintiff Martin Vogel pursuant to FRCP 41a(1) as to Rainforest Cafe, Inc.. (Hubbard, Lynn)
October 25, 2013 Filing 95 MEMORANDUM in Opposition to MOTION to Dismiss Case Based on Misjoinder #86 filed by Plaintiff Martin Vogel. (Attachments: #1 Declaration of Anthony M. Bettencourt)(Hubbard, Lynn)
October 22, 2013 Filing 94 AMENDED ANSWER to Amended Complaint,,,,,, #8 filed by Defendant World of Jeans and Tops. (Loewy, Robert)
October 22, 2013 Filing 93 NOTICE of Settlement as to Defendant QS Retail, Inc. ONLY filed by Plaintiff Martin Vogel. (Hubbard, Lynn)
October 18, 2013 Filing 92 NOTICE OF MOTION AND MOTION to Strike affirmative defenses in Answer to Complaint (Discovery) #68 filed by plaintiff Martin Vogel. Motion set for hearing on 11/15/2013 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum, #2 Proposed Order)(Hubbard, Lynn)
October 16, 2013 Opinion or Order Filing 91 ORDER EXTENDING TIME FOR DEFENDANT QUIKSILVER TO RESPOND TO COMPLAINT by Judge Dolly M. Gee: Upon Stipulation #82 , the Court orders that the time upon which Defendant QS Retail, Inc. dba Quiksilver Factory Store #0836 shall have to respond to the Amended Complaint #8 is hereby extended to 11/1/2013. (gk)
October 16, 2013 Filing 90 Notice of Appearance or Withdrawal of Counsel: for attorney Michael J Chilleen counsel for Defendant Tommy Bahama R and R Holdings, Inc.. Adding Michael J. Chilleen as attorney as counsel of record for Tommy Bahama R and R Holdings, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Tommy Bahama R and R Holdings, Inc.. (Chilleen, Michael)
October 15, 2013 Filing 89 CORPORATE DISCLOSURE STATEMENT and Notice of Interested Parties filed by Defendant Zumiez, Inc. identifying None as Corporate Parent. (McClellan, Edson)
October 15, 2013 Filing 87 ANSWER to Amended Complaint,,,,,, #8 filed by Defendant Zumiez, Inc..(McClellan, Edson)
October 15, 2013 Filing 86 NOTICE OF MOTION AND MOTION to Dismiss Case Based on Misjoinder filed by Defendant Tommy Bahama R and R Holdings, Inc.. Motion set for hearing on 11/15/2013 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum, #2 Declaration of Gregory F. Hurley, #3 Exhibit A-E to Hurley Declaration, #4 Proposed Order)(Hurley, Gregory)
October 14, 2013 Filing 85 NOTICE of Settlement as to Defendant Rain Forest Cafe, Inc. ONLY filed by Plaintiff Martin Vogel. (Hubbard, Lynn)
October 11, 2013 Opinion or Order Filing 88 ORDER EXTENDING TIME TO RESPOND TO FIRST AMENDED COMPLAINT by Judge Dolly M. Gee: Upon Stipulation #81 , the Court Orders that the time upon which Defendants Ontario Mills Limited Partnership (erroneously sued as Ontario Mills II Limited Partnership) and Simon Property Group, LP shall have to respond to the First Amended Complaint #8 is hereby extended to 10/31/2013. (gk)
October 11, 2013 Filing 84 Notice of Interested Parties filed by Defendant Levis Only Stores, Inc., (Kobata, Mark)
October 11, 2013 Filing 83 ANSWER to Amended Complaint,,,,,, #8 filed by Defendant Levis Only Stores, Inc..(Kobata, Mark)
October 11, 2013 Filing 82 STIPULATION Extending Time to Answer the complaint as to QS Retail, Inc. answer now due 11/1/2013, filed by defendant QS Retail, Inc.. (Attachments: #1 Proposed Order Proposed Order)(Armstrong, Dwight)
October 10, 2013 Filing 81 Second STIPULATION Extending Time to Answer the complaint as to Simon Property Group, LP answer now due 10/31/2013; Ontario Mills Limited Partnership answer now due 10/31/2013, re Amended Complaint,,,,,, #8 filed by defendants Simon Property Group, LP; Ontario Mills Limited Partnership. (Attachments: #1 Proposed Order)(Fischbach, Ryan)
October 9, 2013 Filing 80 NOTICE of Settlement as to Defendant Marshalls of California, LLC only filed by Plaintiff Martin Vogel. (Hubbard, Lynn)
October 7, 2013 Opinion or Order Filing 79 ORDER by Judge Dolly M. Gee granting Request for Approval of Substitution of Attorney Gregory F. Hurley, Sheppard Mullin Richter & Hampton LLP, for Defendant Tommy Bahamma R&R Holdings, Inc. in place of Attorneys Michael J. Chilleen and Roger L. Scott, Greenberg Traurig LLP #78 . (gk)
October 7, 2013 Filing 78 REQUEST to Substitute attorney Gregory F. Hurley in place of attorney Michael J. Chilleen filed by Defendant Tommy Bahama R and R Holdings, Inc.. (Attachments: #1 Proposed Order Granting Request for Approval of Substitution or Withdrawal of Counsel)(Chilleen, Michael)
October 3, 2013 Filing 77 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Extend Time to Respond to First Amended Complaint By Not More Than 30 Days filed 9/6/2013 #45 . The following error(s) was found: Proposed Order not submitted herewith. Stipulations - Extending Time to Answer (30 days or less) event was utilized in docketing this filing. Local Rule 8-3 does not apply to answers as to amended or supplemental pleadings. 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. (gk)
October 3, 2013 Filing 76 NOTICE OF DISMISSAL filed by plaintiff Martin Vogel pursuant to FRCP 41a(1) as to Banana Republic, LLC, Old Navy, LLC, The Gap, Inc.. (Hubbard, Lynn)
October 2, 2013 Opinion or Order Filing 75 ORDER TO EXTEND TIME OF DEFENDANT RAINFOREST CAFE TO RESPOND TO INITIAL COMPLAINT by Judge Dolly M. Gee: Upon Stipulation #71 , the Court Orders that the time upon which Defendant Rainforest Cafe, Inc. dba Rainforest Cafe shall have to respond to the First Amended Complaint #8 is hereby extended to 10/15/2013. (gk)
October 2, 2013 Filing 74 ANSWER to Amended Complaint,,,,,, #8 filed by Defendant U.S. Outlet Stores Ontario, LLC.(MacPhail, Stephen)
October 2, 2013 Filing 73 ANSWER to Amended Complaint,,,,,, #8 filed by Defendant World of Jeans and Tops.(Loewy, Robert)
October 1, 2013 Filing 72 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Extend Time for Defendant World of Jeans & Tops dba Tilly's #12 to Respond to First Amended Complaint filed 9/5/2013 #44 . The following error(s) was found: Proposed Order not submitted herewith. Stipulations - Extending Time to Answer (30 days or less) event was utilized in docketing this filing. Local Rule 8-3 does not apply to answers as to amended or supplemental pleadings. 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. (gk)
October 1, 2013 Filing 71 Second STIPULATION for Extension of Time to File Answer to October 15, 2013 re Amended Complaint,,,,,, #8 filed by Defendant Rainforest Cafe, Inc.. (Attachments: #1 Proposed Order)(Hunter, Andrew)
September 30, 2013 Filing 70 AMENDED ANSWER and AMENDED ANSWER to Amended Complaint,,,,,, #8 filed by Defendants Dave and Busters, Inc., H and M Hennes and Mauritz, LP. (Jeffrey, Sharon)
September 27, 2013 Opinion or Order Filing 69 ORDER EXTENDING TIME FOR DEFENDANT ZUMIEZ, INC. TO RESPOND TO COMPLAINT by Judge Dolly M. Gee: Upon Stipulation #67 , the Court orders that the time upon which Defendant Zumiez, Inc. shall have to respond to the Amended Complaint #8 is hereby extended to 10/15/2013. (gk)
September 27, 2013 Filing 68 ANSWER to Amended Complaint,,,,,, #8 filed by Defendant La Jolla Retail, Inc..(Kouretchian, Seyamack)
September 26, 2013 Filing 67 Second STIPULATION for Extension of Time to File Answer to October 15, 2013 re Amended Complaint,,,,,, #8 filed by Defendant Zumiez, Inc.. (Attachments: #1 Exhibit [Proposed] Order)(McClellan, Edson)
September 26, 2013 Filing 66 ANSWER to Amended Complaint,,,,,, #8 filed by Defendant Nautica Retail USA, Inc..(Connolly, John)
September 26, 2013 Filing 65 ANSWER to Amended Complaint,,,,,, #8 filed by Defendant Vans, a division of VF Outdoor, Inc (erroneously sued as VF Outdoor, Inc..(Connolly, John)
September 26, 2013 Filing 64 ANSWER to Amended Complaint,,,,,, #8 filed by Defendant Pacific Sunwear Stores Corp..(Connolly, John)
September 24, 2013 Filing 63 Certificate of Interested Parties filed by Defendant U.S. Outlet Stores Ontario, LLC, (MacPhail, Stephen)
September 23, 2013 Filing 62 NOTICE of Settlement as to Defendants Banana Republic, LLC; The Gap, Inc.; and, Old Navy, LLC only filed by Plaintiff Martin Vogel. (Hubbard, Lynn)
September 23, 2013 Filing 61 NOTICE OF DISMISSAL filed by plaintiff Martin Vogel pursuant to FRCP 41a(1) as to Aeropostale West, Inc.. (Hubbard, Lynn)
September 19, 2013 Filing 60 NOTICE OF DISMISSAL filed by plaintiff Martin Vogel pursuant to FRCP 41a(1) as to The Wet Seal Retail, Inc.. (Hubbard, Lynn)
September 13, 2013 Filing 59 First STIPULATION Extending Time to Answer the complaint as to La Jolla Retail, Inc. answer now due 9/27/2013, re Amended Complaint,,,,,, #8 filed by Defendant La Jolla Retail, Inc..(Kouretchian, Seyamack)
September 11, 2013 Filing 58 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee: Scheduling Conference set for 11/15/2013 11:00 AM before Judge Dolly M. Gee. Counsel shall meet at least 21 days in advance of the Scheduling Conference to prepare a jointly signed report for the court to be submitted no less than 14 days before the Scheduling Conference. (gk)
September 11, 2013 Filing 57 First STIPULATION Extending Time to Answer the complaint as to Aeropostale West, Inc. answer now due 9/25/2013, re Amended Complaint,,,,,, #8 filed by Defendant Aeropostale West, Inc..(Knight, Stacey)
September 11, 2013 Filing 56 CERTIFICATE of Interested Parties filed by Defendant Tommy Bahama R and R Holdings, Inc., identifying Tommy Bahama Group, Inc.. (Hurley, Gregory)
September 11, 2013 Filing 55 CERTIFICATE of Interested Parties filed by Defendants Dave and Busters of California, Inc., identifying H&M HENNES & MAURITZ, LP dba H&M #177 and DAVE & BUSTERS OF CALIFORNIA, INC., DAVE & BUSTERS, INC. dba DAVE & BUSTERS. (Jeffrey, Sharon)
September 10, 2013 Filing 54 STIPULATION Extending Time to Answer the complaint as to Rainforest Cafe, Inc. answer now due 10/1/2013, re Amended Complaint,,,,,, #8 filed by Defendant Rainforest Cafe, Inc..(Hunter, Andrew)
September 10, 2013 Filing 53 ANSWER to Amended Complaint,,,,,, #8 Answer to First Amended Complaint filed by Defendants Dave and Busters of California, Inc..(Jeffrey, Sharon)
September 10, 2013 Filing 52 STIPULATION for Extension of Time to File Response as to Service of Summons and Complaint Returned Executed (21 days), #19 , Complaint - (Discovery), #1 filed by Defendant Zumiez, Inc..(McClellan, Edson)
September 10, 2013 Filing 51 STIPULATION Extending Time to Answer the complaint as to QS Retail, Inc. answer now due 10/11/2013, filed by defendant QS Retail, Inc..(Armstrong, Dwight)
September 10, 2013 Filing 50 NOTICE OF DISMISSAL filed by plaintiff Martin Vogel pursuant to FRCP 41a(1) as to Cornerstone Apparel, Inc.. (Hubbard, Lynn)
September 9, 2013 Filing 49 ANSWER to Amended Complaint,,,,,, #8 JURY DEMAND. filed by Defendant Tommy Bahama R and R Holdings, Inc.. (Attachments: #1 Civil Cover Sheet for Defendant Tommy Bahama)(Hurley, Gregory)
September 9, 2013 Filing 48 First STIPULATION Extending Time to Answer the complaint as to Marshalls of CA, LLC answer now due 10/10/2013, filed by defendant Marshalls of CA, LLC.(Parikh, Nita)
September 9, 2013 Filing 47 STIPULATION Extending Time to Answer the complaint as to Levis Only Stores, Inc. answer now due 10/11/2013, filed by Defendant Levis Only Stores, Inc..(Kobata, Mark)
September 9, 2013 Filing 46 NOTICE of Settlement as to Defendant Wet Seal Retail, Inc. ONLY filed by plaintiff Martin Vogel. (Hubbard, Lynn)
September 6, 2013 Filing 45 STIPULATION Extending Time to Answer the complaint as to Simon Property Group, LP answer now due 10/10/2013; Ontario Mills Limited Partnership answer now due 10/10/2013, re Amended Complaint,,,,,, #8 filed by defendants Simon Property Group, LP; Ontario Mills Limited Partnership.(Fischbach, Ryan)
September 5, 2013 Filing 44 First STIPULATION Extending Time to Answer the complaint as to World of Jeans and Tops answer now due 10/2/2013, filed by Plaintiff Martin Vogel.(Hubbard, Lynn)
September 3, 2013 Filing 43 NOTICE OF DISMISSAL filed by plaintiff Martin Vogel pursuant to FRCP 41a(1) as to AE Retail West, LLC. (Hubbard, Lynn)
August 30, 2013 Filing 42 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant U.S. Outlet Stores Ontario, LLC served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Sophia Smith - Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 41 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Pacific Sunwear Stores Corp. served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Craig Gosselin - Agent for Service in compliance with statute not specified by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 40 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Cotton On USA, Inc. served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Tiffany Peterson - Executive Assistant in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 39 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant La Jolla Retail, Inc. served on 8/23/2013, answer due 9/13/2013. Service of the Summons and Complaint were executed upon Gary Sirota, Legal - Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 38 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant QS Retail, Inc. served on 8/22/2013, answer due 9/12/2013. Service of the Summons and Complaint were executed upon Charles Exan - Agent for Service in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 37 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Converse, Inc. served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Margaret Wilson - Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 36 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Nike Retail Services, Inc. served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Margaret Wilson - Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 35 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant World of Jeans and Tops served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Margaret Wilson - Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 34 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Cornerstone Apparel, Inc. served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Kenneth Choi - Agent for Service in compliance with statute not specified by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 33 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Windsor Fashions, Inc. served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Leon Zekaria - Agent for Service in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 32 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Rainforest Cafe, Inc. served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Margaret Wilson - Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 31 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Dave and Busters of California, Inc. served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Mary Viducich - Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 30 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Levis Only Stores, Inc. served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Becky DeGeorge - Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 29 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant SB Capital Acquisitions, LLC served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Becky DeGeorge - Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 28 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Nautica Retail USA, Inc. served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Becky DeGeorge - Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 27 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant The Wet Seal Retail, Inc. served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Becky DeGeorge - Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 26 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant VF Outdoor, Inc. served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Becky DeGeorge - Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 25 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant VF Outlet, Inc. served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Becky DeGeorge - Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 24 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant PVH Retail Stores, Inc. served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Becky DeGeorge - Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 23 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant AE Retail West, LLC served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Becky DeGeorge - Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 22 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Aeropostale West, Inc. served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Becky DeGeorge - Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 21 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Dave and Busters, Inc. served on 8/21/2013, answer due 9/11/2013. Service of the Summons and Complaint were executed upon Mary Viducich - Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 30, 2013 Filing 20 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Ontario Mills II Limited Partnership served on 8/27/2013, answer due 9/17/2013. Service of the Summons and Complaint were executed upon Greg Goodman - President in compliance with statute not specified by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (Hubbard, Lynn)
August 26, 2013 Filing 19 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Zumiez, Inc. served on 8/20/2013, answer due 9/10/2013. Service of the Summons and Complaint were executed upon Margaret Wilson - Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 26, 2013 Filing 18 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Tommy Bahama R and R Holdings, Inc. served on 8/20/2013, answer due 9/10/2013. Service of the Summons and Complaint were executed upon Margaret Wilson - Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 26, 2013 Filing 17 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Old Navy, LLC served on 8/20/2013, answer due 9/10/2013. Service of the Summons and Complaint were executed upon Margaret Wilson - Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 26, 2013 Filing 16 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Marshalls of CA, LLC served on 8/20/2013, answer due 9/10/2013. Service of the Summons and Complaint were executed upon Margaret Wilson - Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 26, 2013 Filing 15 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant H and M Hennes and Mauritz, LP served on 8/20/2013, answer due 9/10/2013. Service of the Summons and Complaint were executed upon Margaret Wilson - Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 26, 2013 Filing 14 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant The Gap, Inc. served on 8/20/2013, answer due 9/10/2013. Service of the Summons and Complaint were executed upon Margaret Wilson - Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 26, 2013 Filing 13 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Service of the Summons and Complaint were executed upon Margaret Wilson - Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 26, 2013 Filing 12 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Banana Republic, LLC served on 8/20/2013, answer due 9/10/2013. Service of the Summons and Complaint were executed upon Margaret Wilson - Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 26, 2013 Filing 11 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Simon Property Group, LP served on 8/20/2013, answer due 9/10/2013. Service of the Summons and Complaint were executed upon Margaret Wilson - Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
August 26, 2013 Filing 10 PROOF OF SERVICE Executed by Plaintiff Martin Vogel, upon Defendant Ontario Mills Limited Partnership served on 8/20/2013, answer due 9/10/2013. Service of the Summons and Complaint were executed upon Margaret Wilson - Authorized to Accept in compliance with statute not specified by personal service. Original Summons NOT returned. (Hubbard, Lynn)
June 25, 2013 Filing 9 21-Day Summons Issued re First Amended Complaint #8 as to Defendants Ontario Mills Limited Partnership, Ontario Mills II Limited Partnership, Simon Property Group, LP, AE Retail West, LLC dab Aerie #02851, Aeropostale West, Inc. dba Aeropostale #00717, Banana Republic, LLC Ba nana Republic Factory Store #7983, Converse, Inc. Converse #0020, Cotton On USA, Inc. dba Cotton On, Dave & Busters of California, Inc. dba Dave & Buster #10, Dave & Busters, Inc. dba Dave & Buster #10, The Gap, Inc. dba Gap Outlet #7779, H&M Hennes and Mauritz, LP dba H&M #177, SB Capital Acquisitions, LLC dba JC-s 5 Star Outlet, Levi's Only Stores, Inc. dba Levi's Outlet Store #310, Marshalls of CA, LLC dba Marshalls #665, Nautica Retail USA, Inc. dba Nautica #0066, Nike Retail Servi ces, Inc. dba Nike Factory Store #110, Old Navy, LLC dba Old Navy #5788, La Jolla Retail, Inc. dba O'Neill #013A, Pacific Sunwear Stores Corp. dba PacSun #01000, Cornerstone Apparel, Inc. dba Papaya Clothing, QS Retail, Inc. dba Quiksilver Facto ry Store #0836, Rainforest Cafe, Inc. dba Rainforest Cafe, World of Jeans and Tops dba Tilly's #12, Tommy Bahama R&R Holdings, Inc. dba Tommy Bahama #0096, PVH Retail Stores, Inc. dba Tommy Hilfiger #104, U.S. Outlet Stores Ontario, LLC dba U.S. Polo Assn. #0004, VF Outdoor, Inc. dba Vans #081, VF Outlet, Inc. dba Vans #081, The Wet Seal Retail, Inc. dba Wet Seal #626, Windsor Fashions, Inc. dba Windsor #0501, Zumiez, Inc. dba Zumiez #123. (gk)
June 25, 2013 Filing 8 FIRST AMENDED COMPLAINT against Defendants Ontario Mills Limited Partnership, Ontario Mills II Limited Partnership, Simon Property Group, LP, AE Retail West, LLC dab Aerie #02851, Aeropostale West, Inc. dba Aeropostale #00717, Banana Republic, LLC Banana Republic Factory Store #7983, Converse, Inc. Converse #0020, Cotton On USA, Inc. dba Cotton On, Dave & Busters of California, Inc. dba Dave & Buster #10, Dave & Busters, Inc. dba Dave & Buster #10, The Gap, Inc. dba Gap Outlet #7779, H&M Hennes and Mauritz, LP dba H&M #177, SB Capital Acquisitions, LLC dba JC-s 5 Star Outlet, Levi's Only Stores, Inc. dba Levi's Outlet Store #310, Marshalls of CA, LLC dba Marshalls #665, Nautica Retail USA, Inc. dba Nautica #0066, Nike Retail Services, Inc. dba Nike Factory Store #110, Old Navy, LLC dba Old Navy #5788, La Jolla Retail, Inc. dba O'Neill #013A, Pacific Sunwear Stores Corp. dba PacSun #01000, Cornerstone Apparel, Inc. dba Papaya Clothing, QS Retail, Inc. dba Quiksilver Factory Store #0836, Rainforest Cafe, Inc. dba Rainforest Cafe, World of Jeans and Tops dba Tilly's #12, Tommy Bahama R&R Holdings, Inc. dba Tommy Bahama #0096, PVH Retail Stores, Inc. dba Tommy Hilfiger #104, U.S. Outlet Stores Ontario, LLC dba U.S. Polo Assn. #0004, VF Outdoor, Inc. dba Vans #081, VF Outlet, Inc. dba Vans #081, The Wet Seal Retail, Inc. dba Wet Seal #626, Windsor Fashions, Inc. dba Windsor #0501, Zumiez, Inc. dba Zumiez #123; Party Does 1-50 terminated; amending Complaint #1 ; filed by Plaintiff Martin Vogel. (gk) (Additional attachment(s) added on 6/27/2013: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9, #9 Part 10, #10 Part 11, #11 Part 12) (gk).
May 16, 2013 Filing 7 PDF DOCUMENTS ATTACHED TO DOCKET RE LOCAL RULE 3-2. The following PDF Documents were attached to the Court docket on 5/16/13: Initiating Documents. (mg)
May 16, 2013 Filing 6 PDF DOCUMENTS RECEIVED RE LOCAL RULE 3-2. The following PDF Documents were received by the Court on 5/15/13: Initiating Documents. (mg)
May 15, 2013 Filing 5 CLERKS E-MAIL RE LOCAL RULE 3-2 TO COUNSEL on 5/15/13 addressed to usdccentral@hubslaw.com. COURT REQUIRES YOUR IMMEDIATE RESPONSE. Pursuant to Local Rule 3-2, you are required to e-mail, within 24 hours of filing, a Filed stamped copy of your complaint and other civil case initiating documents, in PDF format to the Court. To date, we have not received the PDF images of your filing. Please do so within 24 hours or this matter will be referred to the Judge for further proceedings. (mg)
May 14, 2013 Opinion or Order Filing 4 INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (ms)
May 10, 2013 Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
May 10, 2013 Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Martin Vogel. (et) (mg).
May 10, 2013 Filing 1 COMPLAINT against Defendant Does 1-50. Case assigned to Judge Dolly M. Gee for all further proceedings. Discovery referred to Magistrate Judge Jay C. Gandhi.(Filing fee $ 400 PAID.), filed by Plaintiff Martin Vogel. (et) (Additional attachment(s) added on 5/16/2013: #1 Notice of Assignment, #2 Civil Cover Sheet) (mg).
May 10, 2013 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant Does. (et)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Central District Court's Electronic Court Filings (ECF) System

Search for this case: Martin Vogel v. Does
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Tommy Bahama R and R Holdings, Inc. doing business as Tommy Bahama No 0096
Represented By: Adrienne Wei-Chun Lee
Represented By: Roger L Scott
Represented By: Michael J Chilleen
Represented By: Gregory F Hurley
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Aeropostale West, Inc. doing business as Aeropostale No 00717
Represented By: Stacey McKee Knight
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: U.S. Outlet Stores Ontario, LLC doing business as U.S. Polo Assn. No 0004
Represented By: Stephen M MacPhail
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Marshalls of CA, LLC doing business as Marshalls No 665
Represented By: Nita Parikh
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Rainforest Cafe, Inc. doing business as Rainforest Cafe
Represented By: Andrew R Hunter
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: QS Retail, Inc. doing business as Quiksilver Factory Store No 0836
Represented By: Dwight L Armstrong
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Nike Retail Services, Inc. doing business as Nike Factory Store No 110
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: AE Retail West, LLC doing business as Aerie No 02851
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: PVH Retail Stores, Inc. doing business as Tommy Hilfiger No 104
Represented By: Brandie N Charles
Represented By: Michelle Marie Holmes
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Ontario Mills II Limited Partnership
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Cornerstone Apparel, Inc. doing business as Papaya Clothing
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Levis Only Stores, Inc. doing business as Levis Outlet Store No 310
Represented By: Mark T Kobata
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: SB Capital Acquisitions, LLC doing business as JCs 5 Star Outlet
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Ontario Mills Limited Partnership
Represented By: Ryan David Fischbach
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: VF Outlet, Inc. doing business as Vans No 081
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: VF Outdoor, Inc. doing business as Vans No 081
Represented By: John Garland Connolly
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Simon Property Group, LP
Represented By: Ryan David Fischbach
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Dave and Busters, Inc. doing business as Dave and Busters No 10
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: H and M Hennes and Mauritz, LP doing business as H and M No 177
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Converse, Inc. doing business as Converse No 0020
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Windsor Fashions, Inc. doing business as Windsor No 0501
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Banana Republic, LLC doing business as Banana Republic Factory Store No 7983
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Cotton On USA, Inc. doing business as Cotton On
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Does 1-50
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Pacific Sunwear Stores Corp. doing business as PacSun No 01000
Represented By: John Garland Connolly
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: The Gap, Inc. doing business as Gap Outlet No 7779
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Dave and Busters of California, Inc. doing business as Dave and Busters No 10
Represented By: Sharon S Jeffrey
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: La Jolla Retail, Inc. doing business as ONeill No 013A
Represented By: Sean D Flaherty
Represented By: Seyamack Kouretchian
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: The Wet Seal Retail, Inc. doing business as Wet Seal No 626
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Nautica Retail USA, Inc. doing business as Nautica No 0066
Represented By: John Garland Connolly
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: World of Jeans and Tops doing business as Tillys No 12
Represented By: Christopher M Lal
Represented By: Robert G Loewy
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Zumiez, Inc. doing business as Zumiez No 123
Represented By: Edson K McClellan
Represented By: Radhika Sood
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Old Navy, LLC doing business as Old Navy No 5788
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Martin Vogel
Represented By: Scottlynn J Hubbard, IV
Represented By: Anthony M Bettencourt
Represented By: Lynn Hubbard, III
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Alternative dispute resolution (adr) provider: Douglass B Davidson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?