W. Paul Simmons v. Don Hankey et al
| W. Paul Simmons |
| Don Hankey, Westlake Services, LLC, Hankey Group, Hankey Investment Company, LP, Does 1-50, inclusive and Westlake Services, LLC a California Limited Liability Company, individually and as member of Hankey Group doing business as Westlake Financial Services, LLC |
| 2:2016cv06125 |
| August 16, 2016 |
| US District Court for the Central District of California |
| John E McDermott |
| Otis D Wright |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2018. A more recent docket listing may be available from PACER.
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Filing 44
ORDER ON STIPULATED REQUEST FOR DISMISSAL WITH PREJUDICE #42 by Judge Otis D. Wright, II( MD JS-6. Case Terminated ) (lc)
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| Filing 43 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST to Dismiss Case #42 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Incorrect event selected. Correct event to be used is: Stipulation: Dismiss case. Other error(s) with document(s): combined stipulation and order in one pdf is a format not applicable in efiling. The proposed order should have been formally prepared and submitted as a separate attachment to a main document.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc) |
| Filing 42 REQUEST to Dismiss Case filed by plaintiff W. Paul Simmons. (Patten, Dow) |
| Filing 41 STATUS REPORT ON ARBITRATION AND RESPONSE TO ORDER TO SHOW CAUSE filed by Plaintiff W. Paul Simmons. (Patten, Dow) |
| Filing 40 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Status Report #39 . The following error(s) was/were found: Defective filing... all 3 pages are BLANK In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc) |
| Filing 39 STATUS REPORT AND RESPONSE TO ORDER TO SHOW CAUSE filed by Plaintiff W. Paul Simmons. (Patten, Dow) |
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Filing 38
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:On June 15, 2018, the Court ordered Plaintiff to provide a status report regarding the pending arbitration proceedings no later than October 15, 2018. (ECF No. 37.) Plaintiff did not file a status report by the deadline. This is the second time Plaintiff has failed to timely file a status report. The Court ORDERS Plaintiff to SHOW CAUSE, in writing only, by November 13, 2018, as to why he did not timely comply with the Courts Order. No hearing will be held. Failure to timely show cause will result in the dismissal of this action. (lc)
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Filing 37
MINUTE ORDER In Chambers #12 by Judge Otis D. Wright, II. Having reviewed Plaintiff's status report #36 regarding the pending arbitration, the Court DISCHARGES its previous Order to Show Cause. (ECF No. #35 .) The Court ORDERS Plaintiff to provide another status report on or before October 15, 2018. (lom)
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| Filing 36 STATUS REPORT REGARDING ARBITRATION AND RESPONSE TO ORDER TO SHOW CAUSE filed by Plaintiff W. Paul Simmons. (Patten, Dow) |
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Filing 35
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:,On June 1, 2018, the Court ordered Plaintiff to provide a status report regarding the pending arbitration proceedings no later than June 11, 2018. (The Court warned that failure to timely comply with this order may result in dismissal of this action. Plaintiff did not file a status report by the deadline. The Court ORDERS Plaintiff to SHOW CAUSE, in writing only, by June 15, 2018, as to why he did not timely comply with the Courts Order. No hearing will be held. Failure to timely show cause will result in the dismissal of this action. (lc)
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Filing 34
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:On January 30, 2017, the Court stayed this action to allow the parties to complete arbitration. (ECF No. 31.) The Court ORDERS the Plaintiff to provide a status report regarding the arbitration proceedings no later than June 11, 2018. Failure to timely comply with this order may result in dismissal of this action. (lc)
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| Filing 33 Effective April 10, 2017, Judge McDermott will be located at the Edward R. Roybal Federal Building, COURTROOM 630 on the 6th Floor, located at 255 East Temple Street, Los Angeles, California 90012. All court appearances shall be made in Courtroom 630 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mailbox located outside the Clerk's Office on the 1st Floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 32 SCHEDULING NOTICE by Magistrate Judge John E. McDermott previously scheduled for 2/7/2017 10:00 a.m. has been terminated. Pursuant to District Court's Order issued January 30, 2017. #31 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
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Filing 31
ORDER GRANTING DEFENDANTS PETITION TO COMPEL ARBITRATION AND STAY PROCEEDINGS #12 by Judge Otis D. Wright, II . (lc). Modified on 1/31/2017 (lc).
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Filing 30
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: RE On January 17, 2017, Plaintiff filed an ex parte application for an order shortening timeto hear his Motion to Compel discovery responses, or in the alternative for an order continuing the hearing date on Defendants Petition to Compel Arbitration. (ECF No. 24.). On January 25, 2017, Magistrate Judge McDermott denied Plaintiffs application with respect to the Motion to Compel. (ECF No. 29.). This Court DENIES Plaintiffs request to continue the hearing date on the Petition for much the same reasons Judge McDermott declined to shorten the time to hear Plaintiffs discovery motion. Defendants Petition has been on file since September 30, 2016 (ECF Nos.12,15). The Court will proceed with the Petition to Compel Arbitration as currently noticed. (lc)
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Filing 29
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S EX PARTE APPLICATION TO SHORTEN TIME FOR HEARING ON MOTION TO COMPEL DISCOVERY AND/OR CONTINUE HEARING ON PETITION TO COMPEL ARBITRATION (Dkt. #24 ) by Magistrate Judge John E. McDermott. Plaintiff Paul Simmons' Ex Parte Application to Shorten Time For Hearing on Motion to Compel Discovery and/or Continue Hearing on Petition to Compel Arbitration ("Application") is DENIED. (See Order for Further Details) (kl)
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| Filing 28 SCHEDULING NOTICE by Magistrate Judge John E. McDermott re: First EX PARTE APPLICATION to Shorten Time for Hearing on re MOTION to Compel Answers to Interrogatories of Don Hankey, MOTION to Compel Deposition of Don Hankey; Tonia Douglas, MOTION to Produce Documents #23 , #24 . Hearing is hereby VACATED. A ruling will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 27 REPLY in support of PETITION to Compel Arbitration #12 filed by Defendants Don Hankey, Hankey Group, Hankey Investment Company, LP, Westlake Services, LLC. (Attachments: #1 Declaration)(Carter, Benjamin) |
| Filing 26 Opposition re: First EX PARTE APPLICATION to Shorten Time for Hearing on re MOTION to Compel Answers to Interrogatories of Don Hankey MOTION to Compel Deposition of Don Hankey; Tonia Douglas MOTION to Produce Documents #23 , PETITI #24 filed by Defendants Don Hankey, Hankey Group, Hankey Investment Company, LP, Westlake Services, LLC. (Attachments: #1 Declaration)(Attorney Benjamin John Carter added to party Hankey Group(pty:dft), Attorney Benjamin John Carter added to party Hankey Investment Company, LP(pty:dft), Attorney Benjamin John Carter added to party Westlake Services, LLC(pty:dft))(Carter, Benjamin) |
| Filing 25 MEMORANDUM in Opposition to PETITION to Compel Arbitration #12 filed by Plaintiff W. Paul Simmons. (Attachments: #1 Declaration Dow W. Patten)(Patten, Dow) |
| Filing 24 First EX PARTE APPLICATION to Shorten Time for Hearing on re MOTION to Compel Answers to Interrogatories of Don Hankey MOTION to Compel Deposition of Don Hankey; Tonia Douglas MOTION to Produce Documents #23 , PETITION to Compel Arbitration #12 to April 17, 2017 (Motion to Continue Hearing on Petition to Compel Arbitration in the alternative) filed by Plaintiff W. Paul Simmons. (Attachments: #1 Declaration Dow W. Patten, #2 Proposed Order) (Patten, Dow) |
| Filing 23 NOTICE OF MOTION AND MOTION to Compel Answers to Interrogatories of Don Hankey ( Motion set for hearing on 2/7/2017 at 10:00 AM before Magistrate Judge John E. McDermott.), MOTION to Compel Deposition of Don Hankey; Tonia Douglas ( Motion set for hearing on 2/7/2017 at 10:00 AM before Magistrate Judge John E. McDermott.), MOTION to Produce Documents filed by Plaintiff W. Paul Simmons. (Attachments: #1 Proposed Order, #2 L.R. 37-1 Joint Stipulation)(Patten, Dow) |
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Filing 22
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Pursuant to the parties stipulation #21 , the Court CONTINUES the hearing on Defendants Petition to Compel Arbitration #12 to February 6, 2017, at 1:30 p.m. Oppositions and replies are due pursuant to the Local Rules. (lc)
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| Filing 21 Second STIPULATION for Hearing re Notice of Motion, #15 filed by plaintiff W. Paul Simmons. (Attachments: #1 Proposed Order)(Patten, Dow) |
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Filing 20
ORDER GRANTING STIPULATION FOR CONTINUANCE OF HEARING ON DEFENDANTS PETITION #19 by Judge Otis D. Wright, II: The Hearing on Defendants' Petition for an Order Compelling Binding Contractual Arbitration and Motion for a Further Order Staying Proceedings and Order Appointing JAMS as Arbitral Body #12 is hereby CONTINUED to Monday, January 9, 2017 at 1:30 PM. Plaintiff's opposition papers are due no later than Monday, December 19, 2016. Defendants' reply papers are due no later than Monday, December 26, 2016. (lc)
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| Filing 19 First STIPULATION to Continue HEARING ON DEFENDANTS' PETITION FOR AN ORDER COMPELLING BINDING CONTRACTUAL ARBITRATION AND MOTION FOR A FURTHER ORDER STAYING PROCEEDINGS AND ORDER APPOINTING JAMS AS ARBITRAL BODY from November 28, 2016 to January 9, 2017 Re: Notice of Motion, #15 filed by plaintiff W. Paul Simmons. (Attachments: #1 Proposed Order)(Patten, Dow) |
| Filing 18 NOTICE TO PARTIES by District Judge Otis D. Wright. Effective November 7, 2016, Judge Wright will be located at the 1st Street Courthouse, COURTROOM 5D on the 5th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 5D of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 17 NOTICE of Appearance filed by attorney Anthony A Molino on behalf of Defendants Does, Don Hankey, Hankey Group, Hankey Investment Company, LP, Westlake Services, LLC (Attorney Anthony A Molino added to party Does(pty:dft), Attorney Anthony A Molino added to party Don Hankey(pty:dft), Attorney Anthony A Molino added to party Hankey Group(pty:dft), Attorney Anthony A Molino added to party Hankey Investment Company, LP(pty:dft), Attorney Anthony A Molino added to party Westlake Services, LLC(pty:dft))(Molino, Anthony) |
| Filing 16 NOTICE of Appearance filed by attorney Steven Reed Berardino on behalf of Defendants Does, Don Hankey, Hankey Group, Hankey Investment Company, LP, Westlake Services, LLC (Attorney Steven Reed Berardino added to party Does(pty:dft), Attorney Steven Reed Berardino added to party Don Hankey(pty:dft), Attorney Steven Reed Berardino added to party Hankey Group(pty:dft), Attorney Steven Reed Berardino added to party Hankey Investment Company, LP(pty:dft), Attorney Steven Reed Berardino added to party Westlake Services, LLC(pty:dft))(Berardino, Steven) |
| Filing 15 NOTICE OF MOTION re PETITION to Compel Arbitration #12 filed by Defendant Don Hankey. Motion set for hearing on 11/28/2016 at 01:30 PM before Judge Otis D. Wright II. (Attorney Benjamin John Carter added to party Don Hankey(pty:dft))(Carter, Benjamin) |
| Filing 14 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to compel ( PETITION to Compel Arbitration) #12 . pdf document has 11/28/16 1:30 PM hearing date. The following error(s) was found: Although correct event was used, Filer bypassed the scheduling screen and no 11/28/16 1:30 PM hearing was set on Judges motion calendar. (see under other an alternative to correct he missing hearing date). 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. (lc) |
| Filing 13 NOTICE of Interested Parties filed by Defendants Does, Don Hankey, Hankey Group, Hankey Investment Company, LP, Westlake Services, LLC, identifying Westlake Services Holdig Company, MAI Holding, LLC. (Attorney Michelle Cooper added to party Does(pty:dft), Attorney Michelle Cooper added to party Hankey Group(pty:dft), Attorney Michelle Cooper added to party Hankey Investment Company, LP(pty:dft), Attorney Michelle Cooper added to party Westlake Services, LLC(pty:dft))(Cooper, Michelle) |
| Filing 12 PETITION to Compel Arbitration filed by Defendant Don Hankey. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order) (Attorney Michelle Cooper added to party Don Hankey(pty:dft)) (Cooper, Michelle) |
| Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendants Don Hankey, Hankey Group, Hankey Investment Company, LP, Westlake Services, LLC. (lc) |
| Filing 10 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff W. Paul Simmons. (Patten, Dow) |
| Filing 9 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Miscellaneous Document #8 . The following error(s) was found: Incorrect event and erroneous docket entry: Miscellaneous Document...texted to read Summons filed. To have summons issued, the correct event is: Summons Request. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
| Filing 8 SUMMONS filed by Plaintiff W. Paul Simmons (Patten, Dow) |
| Filing 7 CERTIFICATE of Interested Parties filed by Plaintiff W. Paul Simmons, (Patten, Dow) |
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Filing 6
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION; PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents (lc)
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| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (car) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge John E. McDermott. (car) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff W. PAUL SIMMONS. (Patten, Dow) |
| Filing 1 COMPLAINT Receipt No: 0973-18375028 - Fee: $400, filed by PLAINTIFF W. PAUL SIMMONS. (Attorney Dow Wakefield Patten added to party W. PAUL SIMMONS(pty:pla))(Patten, Dow) |
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