Schlomo Schmuel D.P.M., Inc v. Bank of America, N.A.
| Schlomo Schmuel D.P.M., Inc |
| Bank of America, N.A., Merrill Lynch Professional Clearing Corp., Bank of America Corporation, Does 1 through 100, Bank of America Merrill Lynch and Merrill Lynch Pierce Fenner and Smith |
| 2:2016cv03861 |
| June 2, 2016 |
| US District Court for the Central District of California |
| George H King |
| Gail J Standish |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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Filing 29
MINUTE ORDER IN CHAMBERS re: (1) Defendants' Motion to Dismiss Case (Dkt. 7); (2) Plaintiff's Motion to Remand (Dkt. 18); and (3) Plaintiff's Motion to Compel Arbitration (Dkt. 21) by Judge George H. King: On August 10, 2016, Plaintiff voluntarily dismissed the action without prejudice as to all Defendants. (See Dkt. 28.) In light of the dismissal, the above-captioned motions are DENIED as moot. (bm)
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| Filing 28 NOTICE of Voluntary Dismissal filed by Plaintiff Schlomo Schmuel D.P.M., Inc. Dismissal is Without Prejudice. (Noudel, Yossi) |
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Filing 27
MINUTES (IN CHAMBERS) ORDER by Judge George H. King taking under submission #18 MOTION to Remand Case to State Court; taking under submission #21 MOTION to Compel Arbitration: On the court's own motion, Plaintiffs Motion to Remand (Dkt. 18), and Motion to Compel Arbitration (Dkt. 21), noticed for hearing on August 15, 2016, are TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date pursuant to Local Rule 7-15. 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)
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| Filing 26 REPLY Reply in Support of Motion to Compel First NOTICE OF MOTION AND MOTION to Compel Arbitration #21 filed by Plaintiff Schlomo Schmuel D.P.M., Inc. (Noudel, Yossi) |
| Filing 25 PLAINTIFF SCHLOMO SCHMUEL D.P.M., INC., INC.S OBJECTIONS TO DEFENDANTS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THEIR OPPOSITION TO THE MOTION TO REMAND; MEMORANDUM OF POINT AND AUTHORITIES IN SUPPORT THEREOF Opposition to Request for Judicial Notice re: First NOTICE OF MOTION AND MOTION to Remand Case to STANLEY MOSK #18 filed by Plaintiff Schlomo Schmuel D.P.M., Inc. (Noudel, Yossi) |
| Filing 24 REPLY REPLY TO OPPOSITION AND IN SUPPORT OF MOTION TO REMAND First NOTICE OF MOTION AND MOTION to Remand Case to STANLEY MOSK #18 filed by Plaintiff Schlomo Schmuel D.P.M., Inc. (Noudel, Yossi) |
| Filing 23 OPPOSITION in Opposition to re: First NOTICE OF MOTION AND MOTION to Compel Arbitration #21 Defendants' Opposition to Plaintiff's Motion to Compel Arbitration filed by Defendants Bank of America Corporation, Bank of America Merrill Lynch, Bank of America, N.A., Merrill Lynch Pierce Fenner and Smith, Merrill Lynch Professional Clearing Corp.. (Shaumyan, Alfred) |
| Filing 22 OPPOSITION in Opposition to re: First NOTICE OF MOTION AND MOTION to Remand Case to STANLEY MOSK #18 Defendants' Opposition to Plaintiff's Motion to Remand filed by Defendants Bank of America Corporation, Bank of America Merrill Lynch, Bank of America, N.A., Merrill Lynch Pierce Fenner and Smith, Merrill Lynch Professional Clearing Corp.. (Attachments: #1 Declaration of Allyson Webster in Support of Defendants' Opposition to Plaintiff's Motion to Remand, #2 Declaration of Alfred Shaumyan in Support of Defendants' Opposition to Plaintiff's Motion to Remand, #3 Memorandum Defendants' Request for Judicial Notice in Support of Their Opposition to Plaintiff's Motion to Remand, #4 Exhibit Exhibits A-G for Defendants' Request for Judicial Notice)(Shaumyan, Alfred) |
| Filing 21 First NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Plaintiff Schlomo Schmuel D.P.M., Inc. Motion set for hearing on 8/15/2016 at 09:30 AM before Judge George H. King. (Attachments: #1 Declaration Declaration of Yossi Noudel in Support of Plaintiff's Motion to Compel Arbitration, #2 Declaration Declaration of Schlomo Schmuel in Support of Plaintiff's Motion to Compel Arbitration, #3 Exhibit Exhibits to Motion to Compel Arbitration and Declarations, #4 Proposed Order [Proposed] Order Granting Plaintiff's Motion to Compel Arbitration) (Noudel, Yossi) |
| Filing 20 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #19 RE: Notice of Motion to remand #17 by Clerk of Court. Document is hereby STRICKEN. Parties e-filed documents correctly document no. 18. (bm) |
| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion to Remand #17 . The following error(s) was found: Other error(s) with document(s) are specified below: Docket entry indicates that it is in relation to an Ex Parte Application to Continue Motion to Dismiss, which does not appear to be correct. 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) |
| Filing 18 First NOTICE OF MOTION AND MOTION to Remand Case to STANLEY MOSK filed by PLAINTIFF Schlomo Schmuel D.P.M., Inc. Motion set for hearing on 8/15/2016 at 09:30 AM before Judge George H. King. (Attachments: #1 Declaration DECLAration of Yossi Noudel in Support of Plaintiff's Motion to Remand, #2 Exhibit EXHIBITS TO MOTION AND DECLARATION, #3 Proposed Order PROPOSED ORDER) (Noudel, Yossi) |
| Filing 17 DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 6/30/16, DOCUMENT #20 . NOTICE OF MOTION re First EX PARTE APPLICATION to Continue Motion to Dismiss from 7/11/16 to 8/8/16 #12 filed by Plaintiff Schlomo Schmuel D.P.M., Inc. Motion set for hearing on 8/15/2016 at 09:30 AM before Judge George H. King. (Attachments: #1 Declaration Declaration of Yossi Noudel in Support of Plaintiff's Motion to Remand, #2 Exhibit EXHIBITS TO MOTION AND DECLARATION, #3 Proposed Order PROPOSED ORDER)(Noudel, Yossi) Modified on 7/1/2016 (bm). |
| Filing 16 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiff's Complaint; Memorandum of Points and Authorities in Support Thereof #7 filed by Defendants Bank of America Corporation, Bank of America Merrill Lynch, Bank of America, N.A., Merrill Lynch Pierce Fenner and Smith, Merrill Lynch Professional Clearing Corp.. (Shaumyan, Alfred) |
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Filing 15
MINUTE ORDER IN CHAMBERS re: Ex Parte Application to Continue Hearing on Defendants' Motion to Dismiss [Dkt. 12] by Judge George H. King: Plaintiff filed an Ex Parte Application on June 16, 2016, seeking to continue the hearing for Defendants' Motion to Dismiss. Plaintiff contends that he (1) needs more time to prepare his opposition to Defendants' Motion; and (2) intends to file a Motion for Remand by no later than June 27, 2016. [See Dkt. 12.] Defendants opposed Plaintiff's Application. [Dkt. 13.] On June 20, 2016, Plaintiff filed his Opposition to Defendants' Motion to Dismiss. [See Dkt. 14.] In light of these circumstances, we rule as follows: 1. If Plaintiff intends to file a Motion to Remand, he SHALL do so by no later than June 27, 2016, as he says he intends to do. The Motion shall be properly noticed as required by the Local Rules. 2. The hearing date for Defendants' Motion to Dismiss, [Dkt. 7], currently set for July 11, 2016 at 9:30 a.m., is TAKEN OFF CALENDER. However, Defendants SHALL file any optional reply brief regarding this Motion by no later than June 27, 2016. If Plaintiff timely files a Motion to Remand, we will defer ruling on Defendants' Motion to Dismiss until after the Motion to Remand is resolved. If Plaintiff fails to timely file a Motion to Remand, the Motion to Dismiss will be taken under submission and resolved without oral argument. (bm)
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| Filing 14 PLAINTIFF SCHLOMO SCHMUEL D.P.M., INC., INC.S OPPOSITION TO DEFENDANTS MOTION TO DISMISS; MEMORANDUM OF POINT AND AUTHORITIES IN SUPPORT THEREOF Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiff's Complaint; Memorandum of Points and Authorities in Support Thereof #7 filed by Plaintiff Schlomo Schmuel D.P.M., Inc. (Noudel, Yossi) |
| Filing 13 OPPOSITION in Opposition to re: First EX PARTE APPLICATION to Continue Motion to Dismiss from 7/11/16 to 8/8/16 #12 filed by Defendants Bank of America Corporation, Bank of America Merrill Lynch, Bank of America, N.A., Merrill Lynch Pierce Fenner and Smith, Merrill Lynch Professional Clearing Corp.. (Attachments: #1 Declaration of Alfred Shaumyan in Support of Defendants' Opposition to Plaintiff's Ex Parte Application to Continue Hearing on Defendants' Motion to Dismiss Plaintiff's Complaint)(Shaumyan, Alfred) |
| Filing 12 First EX PARTE APPLICATION to Continue Motion to Dismiss from 7/11/16 to 8/8/16 filed by Plaintiff Schlomo Schmuel D.P.M., Inc. (Attachments: #1 Declaration Declaration of Yossi Noudel in Support of Ex Parte Application to Continue Defendants' Motion to Dismiss, #2 Exhibit Exhibits to Ex Parte Application, #3 Proposed Order) (Noudel, Yossi) |
| Filing 11 CERTIFICATE OF SERVICE filed by Defendants Bank of America Corporation, Bank of America Merrill Lynch, Bank of America, N.A., Merrill Lynch Pierce Fenner and Smith, Merrill Lynch Professional Clearing Corp., re Order,, #9 Certificate of Service of Order re: Case Management served on June 14, 2016. (Shaumyan, Alfred) |
| Filing 10 CERTIFICATE OF SERVICE filed by Defendants Bank of America Corporation, Bank of America Merrill Lynch, Bank of America, N.A., Merrill Lynch Pierce Fenner and Smith, Merrill Lynch Professional Clearing Corp., re Notice of Assignment to United States Judges(CV-18) - optional html form #5 served on June 14, 2016. (Shaumyan, Alfred) |
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Filing 9
ORDER RE: CASE MANAGEMENT by Judge George H. King: This case has been assigned to the calendar of Chief Judge George H. King. The court fully adheres to Rule 1 of the Federal Rules of Civil Procedure, which, as amended as of December 1, 2015, requires that the Rules be "construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding." Counsel shall also be guided by the following special requirements, some of which are more specific than those set out in the Local Rules: (see document for further details) (bm)
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| Filing 8 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiff's Complaint; Memorandum of Points and Authorities in Support Thereof #7 Defendants' Request for Judicial Notice in Support of Their Motion to Dismiss Plaintiffs' Complaint; Memorandum of Points and Authorities filed by Defendants Bank of America Corporation, Bank of America, N.A., Merrill Lynch Pierce Fenner and Smith, Merrill Lynch Professional Clearing Corp.. (Attachments: #1 Exhibit Exhibits A through E in Support of Request for Judicial Notice)(Shaumyan, Alfred) |
| Filing 7 NOTICE OF MOTION AND MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiff's Complaint; Memorandum of Points and Authorities in Support Thereof filed by Defendants Bank of America Corporation, Bank of America, N.A., Merrill Lynch Pierce Fenner and Smith, Merrill Lynch Professional Clearing Corp.. Motion set for hearing on 7/11/2016 at 09:30 AM before Judge George H. King. (Attachments: #1 Proposed Order Granting Defendants' Motion to Dismiss Plaintiff's Complaint) (Shaumyan, Alfred) |
| Filing 6 CERTIFICATE OF SERVICE filed by Defendants Bank of America Corporation, Bank of America, N.A., Merrill Lynch Pierce Fenner and Smith, Merrill Lynch Professional Clearing Corp., Certificate of Filing and Service of Notice to Adverse Parties and to State Court of Removal of Action to Federal Court served on June 2, 2016. (Shaumyan, Alfred) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge George H. King and Magistrate Judge Gail J. Standish. (jp) |
| NON-CONFORMED COPY OF COMPLAINT against defendants Bank of America Corporation, Bank of America Merrill Lynch, Bank of America, N.A., Does, Merrill Lynch Pierce Fenner and Smith, Merrill Lynch Professional Clearing Corp., filed by plaintiff Schlomo Schmuel D.P.M., Inc. (SUBMITTED ATTACHED EXHIBIT A TO NOTICE OF REMOVAL #1 ). (jp) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendants BANK OF AMERICA, N.A., a corporation, Bank of America Corporation, Bank of America Merrill Lynch, Merrill Lynch Pierce Fenner & Smith, Merrill Lynch Professional Clearing Corp. identifying Bank of America Corporation as Corporate Parent. (Shaumyan, Alfred) |
| Filing 3 NOTICE of Interested Parties filed by Defendants BANK OF AMERICA, N.A., a corporation, Bank of America Corporation, Bank of America Merrill Lynch, Merrill Lynch Pierce Fenner & Smith, Merrill Lynch Professional Clearing Corp., identifying Schlomo Schmuel D.P.M., Inc.; Bank of America Corporation; Bank of America, N.A.; Merrill Lynch, Pierce, Fenner & Smith Incorporated (erroneously sued as Merrill, Lynch, Pierce Fenner and Smith and Bank of America Merrill Lynch); and Merrill Lynch Professional Clearing Corp.. (Shaumyan, Alfred) |
| Filing 2 CIVIL COVER SHEET filed by Defendants BANK OF AMERICA, N.A., a corporation, Bank of America Corporation, Bank of America Merrill Lynch, Merrill Lynch Pierce Fenner & Smith, Merrill Lynch Professional Clearing Corp.. (Shaumyan, Alfred) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number BC618960 Receipt No: 0973-17925154 - Fee: $400, filed by Defendants Merrill Lynch Professional Clearing Corp., Merrill Lynch Pierce Fenner & Smith, Bank of America Corporation, BANK OF AMERICA, N.A., a corporation, Bank of America Merrill Lynch. (Attorney Alfred Shaumyan added to party BANK OF AMERICA, N.A., a corporation(pty:dft), Attorney Alfred Shaumyan added to party Bank of America Corporation(pty:dft), Attorney Alfred Shaumyan added to party Bank of America Merrill Lynch(pty:dft), Attorney Alfred Shaumyan added to party Merrill Lynch Pierce Fenner & Smith(pty:dft), Attorney Alfred Shaumyan added to party Merrill Lynch Professional Clearing Corp.(pty:dft))(Shaumyan, Alfred) |
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