Fund Recovery Services LLC v. Shoreside SPV Funding I, LLC et al
| Fund Recovery Services LLC |
| Shoreside SPV Funding I, LLC, Shoreside Loans, LLC, Dylan C. Cohen, Richard Cohen, Nancy Cohen, Kathy Cohen, Shoreside SPV Funding II, LLC, Shoreside Capital, LLC, FPH Capital Partners LLC, Navin Narang, Brad Barlow, John or Jane Does and ABC Corporations |
| Loantopia LLC |
| Philip Burgess |
| Shoreside Edge, LLC, Dylan Cohen, Jack Cook, Howard Davner and Princeton Alternative Income Fund, LP |
| 2:2016cv06954 |
| September 15, 2016 |
| U.S. District Court for the Central District of California |
| Jacqueline Chooljian |
| S James Otero |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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Filing 230
MINUTES (in chambers): ORDER DENYING DEFENDANTS' MOTION FOR MONETARY SANCTIONS #222 ; ORDER DENYING DEFENDANTS' EX PARTE APPLICATION FOR LEAVE TO FILE SUPPLEMENTAL REPLY BRIEF #229 by Judge S. James Otero. (lom)
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| Filing 229 EX PARTE APPLICATION for Leave to file supplemental reply brief and declaration filed by Defendant Dylan C. Cohen. (Attachments: #1 Declaration, #2 Proposed Order) (Stein, Michael) |
| Filing 228 CORRECTED SCHEDULING NOTICE by Judge S. James Otero. The Court finds the following motion suitable for disposition without oral argument and vacates the MOTION for Sanctions Plaintiff filed by Defendant Dylan C. Cohen. [ECF #222]., set for hearing on February 20, 2018. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 227 The Court finds the following motion suitable for disposition without oral argument and vacates the by Plaintiff Jarel Brown [ECF #222]., set for hearing on February 20, 2018. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 226 REPLY in support of a motion NOTICE OF MOTION AND MOTION for Sanctions Plaintiff #222 filed by Defendant Dylan C. Cohen. (Attachments: #1 Declaration)(Stein, Michael) |
| Filing 225 OPPOSITION to NOTICE OF MOTION AND MOTION for Sanctions Plaintiff #222 filed by Counter Defendant Philip Burgess, Plaintiff Fund Recovery Services LLC. (Attachments: #1 Declaration of Philip Burgess, #2 Declaration of Jack Cook, #3 Exhibit A to Declaration of Jack Cook)(Goldman, Jeffrey) |
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Filing 224
ORDER GRANTING STIPULATION TO CONTINUE HEARING DATE AND CORRESPONDINGDEADLINES by Judge S. James Otero. The hearing on the Motion for Sanctions is continued to February 20,2018 @ 10:00 a.m.Plaintiffs and Mr. Burgess deadline to oppose the Motion for Sanctions is January 30, 2018 (See order for further details) (yl)
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| Filing 223 STIPULATION to Continue Hearing on Motion for Monetary Sanctions from February 12, 2018 to February 20, 2018 Re: NOTICE OF MOTION AND MOTION for Sanctions Plaintiff #222 filed by plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order Granting Stipulation to Continue Hearing Date and Corresponding Deadlines)(Goldman, Jeffrey) |
| Filing 222 NOTICE OF MOTION AND MOTION for Sanctions Plaintiff filed by Defendant Dylan C. Cohen. Motion set for hearing on 2/12/2018 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Declaration, #2 Exhibit, #3 Proposed Order) (Stein, Michael) |
| Filing 221 NOTICE OF FILING TRANSCRIPT filed for proceedings 12/8/17 8:58 a.m. re Transcript #220 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Zurborg, Carol) TEXT ONLY ENTRY |
| Filing 220 TRANSCRIPT for proceedings held on 12/8/17 8:58 a.m. Court Reporter: Carol Jean Zurborg, phone number (213) 894-3539. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/10/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/20/2018. (Zurborg, Carol) |
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Filing 219
MINUTE ORDER IN CHAMBERS by Judge S. James Otero: ORDER SUA SPONTE DISMISSING ACTION.This matter is before the Court on its own motion. The Court DISMISSES the Complaint for lack of jurisdiction. Matter shall close. (Made JS-6. Case Terminated.) (lc)
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Filing 218
ORDER GRANTING APPLICATION of Non-Resident Attorney Samuel D. Harrison to Appear Pro Hac Vice on behalf of Plaintiff Fund Recovery Services LLC, Counter Defendant Fund Recovery Services LLC and designting Luke N Eaton as local counsel #215 by Judge S. James Otero (lc)
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| Filing 217 DECLARATION of Jack Cook re Order on Motion in Limine to Determine,,,, Order on Motion in Limine to Exclude,,,, Pretrial Conference - Final,,, #216 re Subject Matter Jurisdiction filed by Plaintiff Fund Recovery Services LLC. (Eaton, Luke) |
| Filing 216 MINUTES OF PRETRIAL CONFERENCE held before Judge S. James Otero: The Court indicates that Plaintiff has not identified each member of the LLC withrequisite specificity. The Court indicates that if plaintiff is unable to perfect subjectmatter jurisdiction trial will not proceed in this matter.The Court Denies Motion in Limine to Determine to Draw an Adverse Inference Against Dylan Cohen on Alter Ego Liability filed by Counter-Defendants Fund Recovery Services LLC, Princeton Alternative Income Fund, LP #182 .The Court Defers ruling on Motion in Limine (2) to Exclude to Exclude Expert Testimony of Jason A. Engel filed by Fund Recovery Services LLC and Princeton Alternative Income Fund, L.P. Fund Recovery Services LLC #194 .The Court will limit each side to 6 hours to try their respective case.The Court reviews the witness and exhibit lists. Trial remains set for Tues. 12/12/17 8:30 a.m. Court Reporter: Carol Zurborg. (lc) |
| Filing 215 APPLICATION of Non-Resident Attorney Samuel D. Harrison to Appear Pro Hac Vice on behalf of Plaintiff Fund Recovery Services LLC, Counter Defendant Fund Recovery Services LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20929858) filed by Plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order) (Eaton, Luke) |
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Filing 214
ORDER DENYING APPLICATION TO CONTINUE THE TRIAL DATE #213 by Judge S. James Otero (lc)
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| Filing 213 EX PARTE APPLICATION to Continue Trial from December 12, 2017 to January 30, 2018 filed by Plaintiff Fund Recovery Services LLC. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order) (Eaton, Luke) |
| Filing 212 NOTICE OF LODGING filed re Text Only Scheduling Notice, 209 (Attachments: #1 Proposed Order)(Eaton, Luke) |
| Filing 211 NOTICE OF LODGING filed re Text Only Scheduling Notice, 209 (Attachments: #1 Proposed Findings of Fact and Conclusions of Law)(Stein, Michael) |
| Filing 210 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Fund Recovery Services LLC. (Attachments: #1 [Proposed] Final Pretrial Conference Order)(Eaton, Luke) |
| Filing 209 SCHEDULING NOTICE OF CONTINUANCE by Judge S. James Otero. The Court continues the Pretrial Conference set hearing on 12/04/17 to Friday, 12/8/2017 @ 09:00 AM before Judge S. James Otero. The parties shall lodge the proposed pretrial order on the court docket by noon, 11/30/17.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 208 STIPULATION to Waive Attendance of Angelo A. Stio III at Pretrial Conference filed by Plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order Granting Stipulation to Excuse Attendance of Angelo A. Stio III at Pretrial Conference)(Eaton, Luke) |
| Filing 207 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Lodging Proposed Pretrial Order #205 . The following error(s) was/were found: Incorrect document is attached to the docket entry. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): 1) Missing the formal Notice of Lodging the proposed PTC order; 2) Missing the formal proposed PTC order which should have been submitted as a separate attachment to the notice of lodging; 3) the pdf attached to the docket entry is a Notice of manual filing citing court trial order re the lodging of the proposed PTC order instead. 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 206 PRETRIAL STIPULATION regarding Exhibits . (Eaton, Luke) |
| Filing 205 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Fund Recovery Services LLC, Counter Defendant Fund Recovery Services LLC. (Eaton, Luke) |
| Filing 204 REPLY Brief in Support of Motion in Liminie No. 2 filed by Plaintiff Fund Recovery Services LLC, Counter Defendant Fund Recovery Services LLC. (Eaton, Luke) |
| Filing 203 REPLY Brief in Support of Motion in Liminie No. 1 filed by Plaintiff Fund Recovery Services LLC, Counter Defendant Fund Recovery Services LLC. (Eaton, Luke) |
| Filing 202 DECLARATION of Dylan C. Cohen in opposition to MOTION IN LIMINE to Determine TO DRAW AN ADVERSE INFERENCE AGAINST DYLAN COHEN ON ALTER EGO LIABILITY #182 filed by Defendant Dylan C. Cohen. (Stein, Michael) |
| Filing 201 MEMORANDUM in Opposition to MOTION IN LIMINE to Determine TO DRAW AN ADVERSE INFERENCE AGAINST DYLAN COHEN ON ALTER EGO LIABILITY #182 filed by Defendant Dylan C. Cohen. (Stein, Michael) |
| Filing 200 MEMORANDUM in Opposition to MOTION IN LIMINE (2) to Exclude TO EXCLUDE EXPERT TESTIMONY OF JASON A. ENGEL #194 filed by Defendant Dylan C. Cohen. (Stein, Michael) |
| Filing 199 Witness List filed by Plaintiff Fund Recovery Services LLC.. (Eaton, Luke) |
| Filing 198 JOINT Exhibit List filed by Plaintiff Fund Recovery Services LLC.. (Eaton, Luke) |
| Filing 197 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Fund Recovery Services LLC. (Eaton, Luke) |
| Filing 196 MEMORANDUM of CONTENTIONS of FACT and LAW Dylan C. Cohen. (Stein, Michael) |
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Filing 195
ORDER GRANTING STIPULATION TO WAIVE AND/OR BE RELIEVED FROM REQUIREMENT TO PRESENT DIRECT TESTIMONY BY WRITTEN, NARRATIVE STATEMENTS by Judge S. James Otero, re Stipulation to Waive #193 . IT IS HEREBY ORDERED that direct testimony in this case shall be presented by live witnesses and not by narrative statement. (smo)
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| Filing 194 NOTICE OF MOTION AND MOTION IN LIMINE (2) to Exclude TO EXCLUDE EXPERT TESTIMONY OF JASON A. ENGEL filed by Fund Recovery Services LLC and Princeton Alternative Income Fund, L.P. Fund Recovery Services LLC. Motion set for hearing on 12/12/2017 at 08:30 AM before Judge S. James Otero. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Declaration Declaration of Luke N. Eaton, Esq., #5 Proposed Order)(Eaton, Luke) |
| Filing 193 STIPULATION to Waive Requirement To Present Direct Testimony By Written, Narrative Statements filed by Plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order Proposed Order)(Eaton, Luke) |
| Filing 192 WRIT of EXECUTION issued. (lc) |
| Filing 191 Affidavit and Request for Issuance of Writ of Execution re: Judgment, #187 filed by Plaintiff Fund Recovery Services LLC. (Attachments: #1 Affidavit Writ of Execution)(Eaton, Luke) |
| Filing 190 NOTICE OF DEFICIENCY WRIT OF EXECUTION re: Affidavit and Request for Issuance of Writ of Execution #188 . The document is being returned to you for correction of: If there are no amounts for principal, attorney fees, costs or interest, please enter a zero (0) on each line. 1) Please leave no blanks on page 1. Put -0- as applicable; 2) See page 2 as to ACCRUED amounts after judgment was entered: If filer is not seeking accrued interest, leave as is; If filer is seeking accrued interest... Please adjust the accrued interest portion according; and recalculate the figure before " is due on the judgment as entered... " portion. (lc) |
| Filing 189 Notice of Appearance or Withdrawal of Counsel: for attorney Richard K Howell counsel for Defendant Shoreside Capital, LLC. Richard K. Howell will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by DEFENDANTS AND COUNTERCLAIMANTS LOANTOPIA, LLC formerly known as SHORESIDE CAPITAL, LLC; FPH CAPITAL PARTNERS, LLC; SHORESIDE SPV FUNDING II, LLC; NAVIN NARANG; BRAD BARLOW. (Howell, Richard) |
| Filing 188 Affidavit and Request for Issuance of Writ of Execution re: Judgment, #187 filed by Plaintiff Fund Recovery Services LLC. (Attachments: #1 Affidavit Writ of Execution)(Eaton, Luke) |
| Filing 187 JUDGMENT #184 [by Judge S. James Otero: Judgment be entered in favor of Plaintiff FUND RECOVERY SERVICES, LLC, and against Defendants SHORESIDE SPV FUNDING I, LLC, and SHORESIDE LOANS, LLC, jointly and severally, in the amount of $1,500,000.00). (lc) Modified on 9/20/2017 (lc). |
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Filing 186
ORDER GRANTING STIPULATION FOR DISMISSAL #185 by Judge S. James Otero: Plaintiffs claims in the Verified Second Amended Complaint against Defendants NANCY COHEN and KATHY COHEN, only, are DISMISSED with prejudice. (lc)
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| Filing 185 STIPULATION to Dismiss Defendants Kathy Cohen, Nancy Cohen filed by Plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order)(Eaton, Luke) |
| Filing 184 STIPULATION for Judgment as to Stipulation For Entry of Judgement filed by Plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order)(Eaton, Luke) |
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Filing 183
ORDER GRANTING STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE AND TRIAL by Judge S. James Otero, re Stipulation to Continue #181 . IT IS HEREBY ORDERED that: 1. The Pre-Trial Conference is continued from October 2, 2017 at 9:00 a.m. to December 4, 2017 at 9:00 a.m.; 2. The Trial is continued from October 10, 2017 at 9:00 a.m. to December 12, 2017 at 9:00 a.m.; and 3. All pre-trial deadlines shall be adjusted based on the extension of the trial date and pre-trial conference date. (smo)
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| Filing 182 NOTICE OF MOTION AND MOTION IN LIMINE to Determine TO DRAW AN ADVERSE INFERENCE AGAINST DYLAN COHEN ON ALTER EGO LIABILITY filed by Counter-Defendants Fund Recovery Services LLC, Princeton Alternative Income Fund, LP. (Attachments: #1 Proposed Order, #2 Declaration 1 of 8, #3 Declaration 2 of 8, #4 Declaration 3 of 8, #5 Declaration 4 of 8, #6 Declaration 5 of 8, #7 Declaration 6 of 8, #8 Declaration 7 of 8, #9 Declaration 8 of 8)(Eaton, Luke) |
| Filing 181 Joint STIPULATION to Continue Trial Date from October 10, 2017 to December 12, 2017 filed by Plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order)(Eaton, Luke) |
| Filing 180 MINUTES OF Settlement Conference held before Magistrate Judge Jacqueline Chooljian: The parties conferred with the Court. The case did not settle. (hr) |
| Filing 179 MINUTES OF FURTHER TELEPHONIC CONFERENCE RE: SETTLEMENT CONFERENCE held before Magistrate Judge Jacqueline Chooljian: The Court and counsel conferred further, off the record, regarding the upcoming Settlement Conference scheduled for Thursday, July 13, 2017 at 9:30 a.m. (hr) |
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Filing 178
ORDER GRANTING STIPULATION TO ADJUST ORDER RE SCHEDULING CONFERENCE by Magistrate Judge Jacqueline Chooljian, re Stipulation for Order #177 . IT IS HEREBY ORDERED that: 1. The deadline to file settlement conference statements is hereby extended from June 29, 2017 to July 7, 2017; 2. All remaining deadlines set forth in the Court's Order re Scheduling Conference shall remain in place. (dml)
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| Filing 177 STIPULATION for Order TO ADJUST ORDER RE SCHEDULING CONFERENCE filed by plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order ORDER GRANTING STIPULATION TO ADJUST ORDER RE SCHEDULING CONFERENCE)(Eaton, Luke) |
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Filing 176
ORDER GRANTING STIPULATION TO ADJUST SCHEDULING ORDER #173 by Judge S. James Otero: The Discovery Cutoff deadline is hereby extended from July 10, 2017to July 31, 2017. The Motion Cutoff deadline is hereby extended from August 7, 2017 at 10:00 a.m. until August 21, 2017 at 10:00 a.m. All remaining deadlines set forth in the Courts January 9, 2017 Scheduling Order shall remain in place. (lc)
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| Filing 175 MINUTES OF TELEPHONIC CONFERENCE RE: SETTLEMENT CONFERENCE held before Magistrate Judge Jacqueline Chooljian: The Court and counsel conferred off the record regarding the upcoming Settlement Conference scheduled for Thursday, July 13, 2017 at 9:30 a.m. The Court set a further telephonic conference for July 12, 2017 at 11:00 a.m., absent further order of the Court. (hr) |
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Filing 174
ORDER GRANTING STIPULATION OF DISMISSAL WITHOUT PREJUDICE #172 by Judge S. James Otero: The Loantopia Parties claims against the Cohen Counter-defendantsasserted in the Loantopia Parties Amended Counterclaim aredismissed without prejudice. Each party to bear his/its own costs and attorneys fees (lc)
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| Filing 173 STIPULATION to Extend Discovery Cut-Off Date to July 31, 2017 filed by Plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order)(Eaton, Luke) |
| Filing 172 STIPULATION to Dismiss Case pursuant to Fed.R.Civ.P.41(a)(1) filed by Defendants and Counterclaimants Brad Barlow, FPH Capital Partners LLC, Loantopia LLC, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC. (Attachments: #1 Proposed Order)(Howell, Richard) |
| Filing 171 (TEXT ONLY ENTRY) SCHEDULING NOTICE SETTING PRE-SETTLEMENT TELEPHONIC CONFERENCE by Magistrate Judge Jacqueline Chooljian. At the parties request, the Court hereby sets a telephonic conference for Wednesday, June 14, 2017 at 3:00 p.m. Plaintiff's counsel shall initiate the conference call with opposing counsel and call chamber's conference telephone at (213) 894-2919. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hr) TEXT ONLY ENTRY |
| Filing 170 Notice of Appearance or Withdrawal of Counsel: for attorney Jeffrey B Fohrer counsel for Defendants Brad Barlow, Navin Narang, Shoreside Capital, LLC, Counter Claimants Brad Barlow, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC. Jeffrey B. Fohrer is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants/Counterclaimants Shoreside Capital, LLC, Capital Partners, Shoreside SPV Funding II, LLC, Navin Narang and Brad Barlow. (Fohrer, Jeffrey) |
| Filing 168 MINUTES (IN CHAMBERS) by Judge S. James Otero: Based on the Court's Order Granting Stipulation of Dismissal Without Prejudice #167 , the Court hereby vacates as MOOT Counter-Defendants Fund Recovery Services LLC and Princeton Alternative Income Fund, LP's Motion to Dismiss Amended Counterclaim #159 and Counter-Defendants Philip Burgess, Jack Cook, and Howard Davner's Motion to Dismiss Amended Counterclaim #160 . Accordingly, no decisions will issue and the June 5, 2017 hearing dates are vacated. (lc) |
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Filing 167
ORDER GRANTING STIPULATION OF DISMISSAL WITHOUT PREJUDICE #165 by Judge S. James Otero: FRSs claims in the Verified Second Amended Complaint against theLoantopia Parties and all of the Loantopia Parties counterclaims and third party claims in the Amended Counterclaim against the FRS Parties are DISMISSED without prejudice. .(i) FRSs claims in the Verified Second Amended Complaint against the Loantopia Parties and all of the Loantopia Parties counterclaims and third party claims in the Amended Counterclaim against the FRS Parties are DISMISSED without prejudice; (ii) the Court shall retain jurisdiction to enforce the terms of the FRS Parties and the Loantopia Parties Settlement Agreement dated May 4, 2017 ; (iii) each of the FRS Parties and Loantopia Parties is to bear its or his own court costs and attorneys fees incurred in this litigation as against one another (but not as against Shoreside SPV Funding I, LLC, Shoreside Loans, LLC, Dylan C. Cohen, Richard Cohen, Nancy Cohen and Kathy Cohen), subject to and except for as otherwise provided in the Settlement Agreement. (lc) Modified on 5/16/2017 (lc).
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| Filing 169 WRIT of Attachment issued 11/916 as to defendant Shoreside SPV Funding I, LLC Returned (lc) |
| Filing 166 ANSWER to Amended Counterclaim, #153 filed by Counter-defendants Dylan C. Cohen, Richard Cohen, Shoreside Loans, LLC, Shoreside SPV Funding I, LLC.(Stein, Michael) |
| Filing 165 Corrected STIPULATION to Dismiss defendants and counter-defendants Fund Recovery Services LLC, Brad Barlow, Philip Burgess, Jack Cook, Howard Davner, FPH Capital Partners LLC, Loantopia LLC, Navin Narang, Princeton Alternative Income Fund, LP, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC filed by plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order)(Goldman, Jeffrey) |
| Filing 164 STIPULATION to Dismiss defendants Brad Barlow, FPH Capital Partners LLC, Loantopia LLC, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC filed by plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order)(Goldman, Jeffrey) |
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Filing 163
ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Jacqueline Chooljian. This case has been referred to Magistrate Judge Jacqueline Chooljian for settlement proceedings. The Settlement Conference is placed on calendar for July 13, 2017, at 9:30 a.m., Courtroom 20, Third Floor, 312 North Spring Street, Los Angeles, CA. Settlement Conference Statements are due June 29, 2017. By no later than June 22, 2017, the parties are directed to confer with one another and jointly to advise the Clerk of date(s) and time(s) between June 30, 2017 and July 12, 2017, when all counsel are available for the telephonic conference referenced in paragraph 12 (see order for further details). (hr)
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| Filing 161 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction (Personal) #160 counter-defendants Philip Burgess, Jack Cook, Howard Davner. The following error(s) was found: Local Rule 7.1-1 No Notice 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. (lc) |
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Filing 162
ORDER GRANTING STIPULATION EXTENDING REPSPONSIVE PLEADING DEADLINE RE AMENED COUNTERCLAIM #146 by Judge S. James Otero: The responsive pleading deadline for all Counter-defendants except for Shoreside Edge, LLC shall be extended by one week and all such Counterdefendants shall file a responsive pleading to the Amended Counterclaim on or before May 11, 2017. Shoreside Edge, LLCs responsive pleading deadline shall remain May 15, 2017. (lc)
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| Filing 160 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction (Personal) filed by counter-defendants Philip Burgess, Jack Cook, Howard Davner. Motion set for hearing on 6/5/2017 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Declaration of Angelo Stio III re Meet and Confer Efforts in Support of Motions to Dismiss, #2 Declaration of Jack Cook in Support of Motion to Dismiss the First Amended Counterclaim Based on Lack of Personal Jurisdiction, #3 Declaration of Howard Davner in Support of Motion to Dismiss First Amended Counterclaim Based on Lack of Personal Jurisdiction, #4 Declaration of Philip Burgess in Support of Motion to Dismiss First Amended Counterclaim Based on Lack of Personal Jurisdiction, #5 Proposed Order) (Goldman, Jeffrey) |
| Filing 159 NOTICE OF MOTION AND MOTION to Dismiss Amended Counterclaim filed by counter-defendants Fund Recovery Services LLC, Princeton Alternative Income Fund, LP. Motion set for hearing on 6/5/2017 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Declaration of Angelo A. Stio III re Meet and Confer Efforts in Support of Motions to Dismiss, #2 Proposed Order) (Goldman, Jeffrey) |
| Filing 158 STIPULATION for Extension of Time to File Responsive Pleading filed by plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order)(Goldman, Jeffrey) |
| Filing 157 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Counterclaimant FPH Capital Partners LLC, Shoreside SPV Funding II, LLC, Brad Barlow, Loantopia LLC, upon counterclaimant Shoreside Edge, LLC acknowledgment sent by Plaintiff on 4/24/2017, answer due 5/15/2017. Acknowledgment of Service signed by Michael D. Stein, Attorney Authorized to Accept Service. (Fohrer, Jeffrey) |
| Filing 156 MINUTES (IN CHAMBERS) by Judge S. James Otero: Based on the filing of Counterclaimants' First Amended Counterclaim [ECF No. #153 ], the Court hereby vacates as MOOT Counter-Defendants' Motions to Dismiss Counterclaim [ECF Nos. #148 , #149 ]. Accordingly, no decision will issue. The May 1, 2017 hearing date remains vacated as previously ordered pursuant to Federal Rule of Civil Procedure 78(b). See Fed. R. Civ. P. 15(a)(1)B). IT IS SO ORDERED. (jy) |
| Filing 155 21 DAY Summons Issued re Amended Counterclaim, #153 as to Counter defendant Shoreside Edge, LLC. (lc) |
| Filing 154 Request for Clerk to Issue Summons on Amended Counterclaim, #153 filed by Counterclaimant Brad Barlow, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC. (Fohrer, Jeffrey) |
| Filing 153 First AMENDED COUNTERCLAIM against Counterdefendant Shoreside Edge, LLC amending Counterclaim, #130 ; JURY DEMAND, filed by Counterclaimant Navin Narang, Brad Barlow, Shoreside SPV Funding II, LLC, FPH Capital Partners LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fohrer, Jeffrey) |
| Filing 152 The Court finds the following motions suitable for disposition without oral argument and vacates the hearing re the MOTION to Dismiss Case Based on Lack of Personal Jurisdiction filed by Counter-Defendants Philip Burgess, Jack Cook, Howard Davner. [ECF #148], and the MOTION to Dismiss Case filed by Counter-Defendants Fund Recovery Services LLC, Princeton Alternative Income Fund, LP. [ECF #149], set for hearing on May 1, 2017. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 151 DECLARATION of Jeffrey M. Goldman Regarding Meet and Confer Efforts Concerning Motions to Dismiss (Supplemental) NOTICE OF MOTION AND MOTION to Dismiss Case #149 , NOTICE OF MOTION AND MOTION to Dismiss Case Based on Lack of Personal Jurisdiction #148 filed by Counter Defendants Fund Recovery Services LLC, Princeton Alternative Income Fund, LP. (Goldman, Jeffrey) |
| Filing 150 DECLARATION of Jeffrey M. Goldman Regarding Meet-And-Confer Efforts In Connection With Motions to Dismiss NOTICE OF MOTION AND MOTION to Dismiss Case #149 , NOTICE OF MOTION AND MOTION to Dismiss Case Based on Lack of Personal Jurisdiction #148 filed by Counter Defendants Fund Recovery Services LLC, Princeton Alternative Income Fund, LP. (Goldman, Jeffrey) |
| Filing 149 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Counter-Defendants Fund Recovery Services LLC, Princeton Alternative Income Fund, LP. Motion set for hearing on 5/1/2017 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Declaration of Philip Burgess, #2 Request for Judicial Notice, #3 Proposed Order) (Attorney Jeffrey M Goldman added to party Princeton Alternative Income Fund, LP(pty:cd)) (Goldman, Jeffrey) |
| Filing 148 NOTICE OF MOTION AND MOTION to Dismiss Case Based on Lack of Personal Jurisdiction filed by Counter-Defendants Philip Burgess, Jack Cook, Howard Davner. Motion set for hearing on 5/1/2017 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Declaration of Philip Burgess, #2 Declaration of Jack Cook, #3 Declaration of Howard Davner, #4 Proposed Order) (Attorney Jeffrey M Goldman added to party Philip Burgess(pty:cd), Attorney Jeffrey M Goldman added to party Jack Cook(pty:cd), Attorney Jeffrey M Goldman added to party Howard Davner(pty:cd)) (Goldman, Jeffrey) |
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Filing 147
ORDER DENYING STIPULATION TO (1) EXTEND CROSS-DEFENDANTS RESPONSIVE PLEADING DEADLINES; AND (2) SET DEADLINE FOR FILING OF FIRST AMENDED CROSS-COMPLAINT #146 by Judge S. James Otero (lc) Modified on 3/30/2017 (lc).
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| Filing 146 STIPULATION for Extension of Time to File Responsive Pleading and Set Deadline for Filing of First Amended Cross-Complaint filed by plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order)(Goldman, Jeffrey) |
| Filing 145 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) #143 . The following error(s) was found: Incorrect event selected. The correct event is: Notice and Acknowledgment of Service (CV-21). To find the correct efiling event, use search feature: Service/Waivers of Summons and Complaints - Notice and Acknowledgment of Service (CV-21) Executed. This event calculates when the answer is due. 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. (lom) |
| Filing 143 NOTICE OF SERVICE filed by Defendant and Counterclaimant Brad Barlow, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, re Counterclaim, #130 served on 03/01/2017. (Fohrer, Jeffrey) |
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Filing 144
ORDER GRANTING STIPULATION TO EXTEND RESPONSIVE PLEADING DEADLINE OF CROSSDEFENDANT FUND RECOVERY SERVICES LLC #140 by Judge S. James Otero. The responsive pleading deadline for FRS shall be extended by two weeks and FRS shall file a responsive pleading to the Counterclaims, including but not limited to any challenge pursuant to FRCP 12, on or before March 31, 2017.No affirmative defenses are waived by FRS, and all such defenses are expresslyreserved. IT IS SO ORDERED. (jy)
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| Filing 140 STIPULATION for Extension of Time to File Response as to Counterclaim, #130 filed by plaintiff and cross-defendant Fund Recovery Services LLC. (Attachments: #1 Proposed Order)(Goldman, Jeffrey) |
| Filing 142 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/28/17, 10:30 a.m. re Transcript #141 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ls) TEXT ONLY ENTRY |
| Filing 141 TRANSCRIPT for proceedings held on 2/28/17, 10:30 a.m.. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC., phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/30/2017. Redacted Transcript Deadline set for 4/10/2017. Release of Transcript Restriction set for 6/7/2017. (ls) |
| Filing 139 TRANSCRIPT ORDER as to Defendants Brad Barlow, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding I, LLC for Court Reporter. Court will contact Nancy Bush at [email protected] with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Fohrer, Jeffrey) |
| Filing 138 MINUTES OF HEARING ON PLAINTIFF'S EX PARTE APPLICATION FOR CONTEMPT AGAINST DEFENDANTS SHORESIDE LOANS LLC, SHORESIDE SPV FUNDING I LLC, DYLAN COHEN, SHORESIDE CAPITAL LLC, FPH CAPITAL PARTNERS LLC, NAVIN NARANG, AND BRAD BARLOW ("PLAINTIFF'S APPLICATION") (DOCKET NO. 121) denying #121 EX PARTE APPLICATION for Contempt; Discovery Hearing held before Magistrate Judge Jacqueline Chooljian: Case called. The Court conferred with and heard argument from counsel. The Court denied Plaintiff's Application without prejudice for the reasons stated on the record. Tape #: C/S 02/28/17. (hr) |
| Filing 137 21 DAY Summons Issued re Counterclaim, #130 as to Counter defendants Philip Burgess, Jack Cook, Howard Davner, Fund Recovery Services LLC, Princeton Alternative Income Fund, LP. (lc) |
| Filing 136 Request for Clerk to Issue Summons on Counterclaim, #130 filed by Counterclaimant Shoreside Capital, LLC. (Fohrer, Jeffrey) |
| Filing 135 Objection in Support of re: EX PARTE APPLICATION for Contempt against Defendants Shoreside Loans, LLC, Shoreside SPV Funding I LLC, Dylan Cohen, Shoreside Capital LLC, FPH Capital Partners, LLC, Navin Narang and Brad Barlow #121 and Request to Strike Improper Reply filed by Defendants Brad Barlow, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC. (Attachments: #1 Proposed Order Regarding Defendants' Objections and Request to Strike Improper Reply)(Fohrer, Jeffrey) |
| Filing 134 REPLY in support of EX PARTE APPLICATION for Contempt against Defendants Shoreside Loans, LLC, Shoreside SPV Funding I LLC, Dylan Cohen, Shoreside Capital LLC, FPH Capital Partners, LLC, Navin Narang and Brad Barlow #121 filed by Plaintiff Fund Recovery Services LLC. (Attachments: #1 Supplemental Declaration of Jack Cook, #2 Declaration of Philip Burgess, #3 Proposed Findings, Certification and Order to Show Cause re Contempt)(Eaton, Luke) |
| Filing 133 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #131 . The following error(s) was found: The caption of the summons must match the caption of the COUNTERCLAIM verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. 1) Filer used the incorrect caption of the plaintiffs complaint. Filer needs to use the Correct Counterclaim caption with its Counterclaim parties. 2) Please indicate near the Summons title area: "On the Counterclaim". The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
| Filing 132 CERTIFICATE of Interested Parties filed by Defendants/Counterclaimants Brad Barlow, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC, identifying Fund Recovery Services, LLC, Shoreside SPV Funding I, LLC, Shoreside Loans, LLC, Daylan C. Cohen, Richard Cohen, Nancy Cohen, Kathy Cohen, Shoreside SPV Funding II, LLC, Shoreside Capital, LLC, FPH Capital Partners, Navrin Narang, Brad Barlow, Shoreside Capital, LLC, Fund Recovery Services, LLC, Philip Burgess, Jack Cook, Princeton Alternative Income Fund, LP, Howard Davner. (Attachments: #1 Supplement Attachment to Certification and Notice of Interested Parties)(Fohrer, Jeffrey) |
| Filing 131 Request for Clerk to Issue Summons on Counterclaim, #130 filed by Defendant and Counterclaimant Brad Barlow, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC. (Fohrer, Jeffrey) |
| Filing 130 COUNTERCLAIM against Counter Defendants Fund Recovery Services LLC, Philip Burgess, Jack Cook, Howard Davner, Princeton Alternative Income Fund, LP; Jury Demand, filed by Counterclaimant Navin Narang, Shoreside Capital, LLC, Brad Barlow, Shoreside SPV Funding II, LLC, FPH Capital Partners LLC.(Fohrer, Jeffrey) |
| Filing 129 ANSWER to Amended Complaint/Petition #119 with JURY DEMAND filed by Defendants Brad Barlow, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC.(Fohrer, Jeffrey) |
| Filing 128 Opposition Opposition to re: EX PARTE APPLICATION for Contempt against Defendants Shoreside Loans, LLC, Shoreside SPV Funding I LLC, Dylan Cohen, Shoreside Capital LLC, FPH Capital Partners, LLC, Navin Narang and Brad Barlow #121 filed by Defendants Brad Barlow, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC. (Attachments: #1 Declaration Michael Marshall, #2 Exhibit 1 to Marshall Declaration, #3 Exhibit 2 to Marshall Declaration, #4 Exhibit 3 to Marshall Declaration, #5 Exhibit 4 to Marshall Declaration, #6 Exhibit 5 to Marshall Declaration, #7 Declaration Jeffrey Fohrer, #8 Exhibit 6 to Fohrer Declaratoin, #9 Exhibit 7 to Fohrer Declaration, #10 Exhibit 8 to Fohrer Declaration)(Fohrer, Jeffrey) |
| Filing 127 DECLARATION of Dylan C. Cohen In Opposition To EX PARTE APPLICATION for Contempt against Defendants Shoreside Loans, LLC, Shoreside SPV Funding I LLC, Dylan Cohen, Shoreside Capital LLC, FPH Capital Partners, LLC, Navin Narang and Brad Barlow #121 filed by Defendant Dylan C. Cohen. (Stein, Michael) |
| Filing 126 Notice of Appearance or Withdrawal of Counsel: for attorney Guy C Nicholson counsel for Defendants Dylan C. Cohen, Kathy Cohen, Nancy Cohen, Richard Cohen, Shoreside Loans, LLC, Shoreside SPV Funding I, LLC. Guy C. Nicholson is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, Dylan Cohen, Richard Cohen, Nancy Cohen and Kathy Cohen. (Nicholson, Guy) |
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Filing 125
MINUTE ORDER (IN CHAMBERS) (1) CONSTRUING PLAINTIFF'S EX PARTE APPLICATION AS APPLICATION FOR MAGISTRATE JUDGE TO CERTIFY FACTS TO THE DISTRICT JUDGE FOR ADJUDICATION OF CIVIL CONTEMPT (DOCKET NO. 121); AND (2) SETTING BRIEFING SCHEDULE AND ORDERING HEARING THEREON by Magistrate Judge Jacqueline Chooljian. In light of the substance and evidence presented in conjunction with Plaintiff's Application, the Court deems it appropriate to order expedited briefing and to set an expedited hearing on Plaintiff's Application for five court days from the filing date thereof. 1. The Old Shoreside Defendants and the Others shall file a response to Plaintiff's Application by not later than 12:00 p.m. on Friday, February 24, 2017. 2. Plaintiff shall file a reply with an attached (Proposed) Certification of Facts by not later than 12:00 p.m. on Monday, February 27, 2017. 3. The hearing on Plaintiff's Application is scheduled for 10:30 a.m. on Tuesday, February 28, 2017 in Courtroom 20 of the United States Courthouse (3rd Floor), 312 North Spring Street, Los Angeles, CA 90012. (Counsel may appear telephonically and are directed to confer with the Clerk to the extent they wish to avail themselves of such option.) See order for further details. (hr)
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| Filing 124 ANSWER to Amended Complaint/Petition #119 filed by Defendants Dylan C. Cohen, Richard Cohen, Shoreside Loans, LLC, Shoreside SPV Funding I, LLC.(Stein, Michael) |
| Filing 123 ANSWER to Amended Complaint/Petition #119 filed by Defendants Kathy Cohen, Nancy Cohen.(Stein, Michael) |
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Filing 122
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO SECOND AMENDEDCOMPLAINT #120 by Judge S. James Otero: Defendants Shoreside SPV Funding I, LLC, Shoreside Loans, LLC, Dylan Cohen, Richard Cohen, Nancy Cohen, Kathy Cohen Shoreside SPV Funding II, LLC; Shoreside Capital, LLC; FPH Capital Partners, Navin Narang; and Brad Barlow deadline to file their Answer to the Verified Second Amended Complaint is extended to February 24, 2017. (lc)
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| Filing 121 EX PARTE APPLICATION for Contempt against Defendants Shoreside Loans, LLC, Shoreside SPV Funding I LLC, Dylan Cohen, Shoreside Capital LLC, FPH Capital Partners, LLC, Navin Narang and Brad Barlow filed by plaintiff Fund Recovery Services LLC. (Attachments: #1 Declaration of Luke N. Eaton in Support of Ex Parte Application, #2 Declaration of Jack Cook in Support of Ex Parte Application, #3 Declaration of Christpher Leyva, #4 Request for Judicial Notice in Support of Ex Parte Application, #5 Proposed Order) (Eaton, Luke) |
| Filing 120 STIPULATION Extending Time to Answer the complaint as to Navin Narang answer now due 2/24/2017; Shoreside Capital, LLC answer now due 2/24/2017; Brad Barlow answer now due 2/24/2017; Shoreside SPV Funding II, LLC answer now due 2/24/2017; FPH Capital Partners LLC answer now due 2/24/2017, re Amended Complaint/Petition #119 filed by Defendants Navin Narang; Shoreside Capital, LLC; Brad Barlow; Shoreside SPV Funding II, LLC; FPH Capital Partners LLC. (Attachments: #1 Proposed Order Granting Stipulation to Extend Time to Respond to Second Amended Complaint)(Fohrer, Jeffrey) |
| Filing 119 SECOND AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Fund Recovery Services LLC(Goldman, Jeffrey) |
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Filing 118
AMENDED ORDER GRANTING STIPULATION TO FILE VERIFIED SECOND AMENDED COMPLAINT #112 by Judge S. James Otero : 1. Plaintiff shall be permitted to file the Verified Second Amended Complaint in this action by 2/15/2017. 2. Defendants shall file an Answer to the Verified Second Amended Complaint on or before February 18, 2017.3. Service of the Verified Second Amended Complaint may be effected by email. (lc)
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| Filing 116 ANSWER to Amended Complaint/Petition #100 filed by Defendants Kathy Cohen, Nancy Cohen.(Stein, Michael) |
| Filing 115 ANSWER to Amended Complaint/Petition #100 filed by Defendants Dylan C. Cohen, Richard Cohen, Shoreside Loans, LLC, Shoreside SPV Funding I, LLC.(Stein, Michael) |
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Filing 117
ORDER GRANTING STIPULATION TO FILE VERIFIED FIRST AMENDED COMPLAINT #112 by Judge S. James Otero: Plaintiff shall file the Verified First Amended Complaint by 2/15/2017. Defendants shall file a responsive pleading to the Verified FirstAmended Complaint on or before 2/18/2017. Service of the Verified First Amended Complaint may be effected by email. (lc)
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| Filing 114 Notice of Appearance or Withdrawal of Counsel: for attorney Michael David Stein counsel for Defendants Dylan C. Cohen, Kathy Cohen, Nancy Cohen, Richard Cohen, Shoreside Loans, LLC, Shoreside SPV Funding I, LLC. Adding Michael D. Stein as counsel of record for Defendants Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, Dylan Cohen, Richard Cohen, Nancy Cohen and Kathy Cohen for the reason indicated in the G-123 Notice. Filed by Defendants Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, Dylan Cohen, Richard Cohen, Nancy Cohen and Kathy Cohen. (Attorney Michael David Stein added to party Dylan C. Cohen(pty:dft), Attorney Michael David Stein added to party Kathy Cohen(pty:dft), Attorney Michael David Stein added to party Nancy Cohen(pty:dft), Attorney Michael David Stein added to party Richard Cohen(pty:dft), Attorney Michael David Stein added to party Shoreside Loans, LLC(pty:dft), Attorney Michael David Stein added to party Shoreside SPV Funding I, LLC(pty:dft))(Stein, Michael) |
| Filing 112 STIPULATION for Leave to to File Verified Second Amended Complaint filed by plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order)(Goldman, Jeffrey) |
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Filing 109
ORDER Granting Second Stipulation to Extend Responsive Pleading Deadline #105 by Judge S. James Otero. IT IS HEREBY ORDERED that the responsive pleading deadline for Defendants shall be extended by one week and Defendants shall file a responsive pleading to the Verified First Amended Complaint on or before February 6, 2017. (smo)
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Filing 108
ORDER GRANTING STIPULATION TO RELEASE FUNDS HELD PURSUANT TO WRIT OF ATTACHMENT by Magistrate Judge Jacqueline Chooljian: IT IS HEREBY ORDERED that: 1. The U.S. Marshal shall release the $114,404.01, currently being held as a result of the Right to Attach Orders and Writs of Attachment served on CommerceWest Bank, to Pepper Hamilton LLP, counsel for Plaintiff Fund Recovery Services, LLC. The check for said funds shall be made payable to Fund Recovery Services, LLC and delivered to Pepper Hamilton LLP, 350 South Grand Avenue, Two California Plaza, Suite 3400, Los Angeles, California 90071, Attention: Luke N. Eaton. (hr)
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| Filing 111 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/07/16, 10:03 a.m. re Transcript #110 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ls) |
| Filing 110 TRANSCRIPT for proceedings held on 11/07/16, 10:03 a.m.. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC., phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/21/2017. Redacted Transcript Deadline set for 3/2/2017. Release of Transcript Restriction set for 5/1/2017. (ls) |
| Filing 107 STIPULATION for Disbursement of Funds to Plaintiff Held Pursuant to Writ of Attachment filed by plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order)(Goldman, Jeffrey) |
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Filing 106
PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order #101 . See order for details. (hr)
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| Filing 105 STIPULATION for Extension of Time to File Responsive Pleading filed by plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order)(Goldman, Jeffrey) |
| Filing 104 TRANSCRIPT ORDER as to Defendants Brad Barlow, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC for Court Smart (CS). Court will contact Angie Spielman at [email protected] with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court recorder. (Fohrer, Jeffrey) |
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Filing 103
ORDER GRANTING STIPULATION TO EXTEND RESPONSIVE PLEADING DEADLINE #102 by Judge S. James Otero. The responsive pleading deadline for Defendants shall be extended by one week and Defendants shall file a responsive pleading to the Verified First Amended Complaint on or before January 30, 2017. IT IS SO ORDERED. See order for details. (jy)
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| Filing 102 STIPULATION for Extension of Time to File Responsive Pleading filed by plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order)(Goldman, Jeffrey) |
| Filing 101 STIPULATION for Protective Order filed by plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order)(Goldman, Jeffrey) |
| Filing 113 MINUTES OF SCHEDULING CONFERENCE held before Judge S. James Otero. The Court sets the following schedule: Court Trial: Tuesday, October 10, 2017 at 9:00 a.m.; Pretrial Conference: Monday, October 2, 2017 at 9:00 a.m.; Motion Cutoff: Monday, August 7, 2017 at 10:00 a.m.; Discovery Cutoff: Monday, July 10 2017; Last Date to Amend: Thursday, February 9, 2017. Reference of the above case to the Alternative Dispute Resolution Program is vacated. Settlement is referred to the calendar of Magistrate Judge Jacqueline Chooljian for all further proceedings. All discovery disputes are to be brought before the Magistrate Judge assigned to the case. The parties are reminded of their obligations under Fed. R. Civ. P. 26-1(a) to disclose information without a discovery request. Court Reporter: Carol Zurborg. (See attached document for details.) (lom) Modified on 2/6/2017 (lom). (sent by email to adr) |
| Filing 100 FIRST AMENDED COMPLAINT against Plaintiff All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Fund Recovery Services LLC (Attachments: #1 Exhibits A-M)(Goldman, Jeffrey) |
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Filing 99
ORDER GRANTING STIPULATION TO FILE VERIFIED FIRST AMENDED COMPLAINT, re #89 by Judge S. James Otero : Plaintiff shall file the Verified First Amended Complaint in accordance with the District Courts electronic filing rules. Defendants shall file a responsive pleading to the Verified First Amended Complaint on or before January 23, 2017.Service of the Verified First Amended Complaint may be effected by email. (lc)
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| Filing 98 MINUTES OF Scheduling Conference held before Judge S. James Otero. MINUTES OF Scheduling Conference held before Judge S. James Otero The Court sets the following schedule: last date to amend:2/9/17; discovery cutoff: 7/1O/17 ; motion hearing cutoff: 8/7/17 10:00 AM; pretrial conference 10/2/17 9:00 AM; Court trial: 10/10//17 9:00 AM; Reference of the above case to the Alternative Dispute Resolution Program is vacated. Settlement is referred to the calendar of Magistrate Judge Jacqueline Chooljian for all further proceedings All discovery dispute to be brought before the Magistrate Judge assigned to the case; parties reminded of requirements of FRCP 26-1(a); counsel are advised all pretrial documents (as listed) must be filed in compliance with Courts Initial Standing order.Court Reporter: Carol Zurborg. (lc) |
| Filing 89 STIPULATION for Leave to File Verified First Amended Complaint filed by plaintiff Fund Recovery Services LLC. (Attachments: #1 Proposed Order)(Goldman, Jeffrey) |
| Filing 97 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Northridge Software re accounts of Shoreside Loans, LLC (SEE SPECIFICS ON ATTACHMENTS) on 12/7/16. Remarks: served 12/7/2016; mailed 12/12/16. (lc) |
| Filing 96 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Bank of America re accounts of Shoreside Loans, LLC (SEE SPECIFICS ON ATTACHMENTS) on 12/6/16. Remarks: served 12/6/16 and mailed 12/12/16. (lc) |
| Filing 95 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Commerce West bank re accounts of Shoreside Loans, LLC (SEE SPECIFICS ON ATTACHMENTS)on 12/7/16. Remarks: served 12/7/2016; mailed 12/12/16. (lc) |
| Filing 94 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Merchants Bank of California NA re accounts of Shoreside Loans, LLC (SEE SPECIFICS ON ATTACHMENTS)on 12/7/16. Remarks: served 12/7/2016; mailed 12/12/16. (lc) |
| Filing 93 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Bank of America NA re accounts of Shoreside SPV Funding I, LLC (SEE SPECIFICS IN ATTACHMENTS) on 12/6/16. Remarks: served 12/6/16 and mailed 12/12/16. (lc) |
| Filing 92 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Northridge Software re accounts of Shoreside SPV Funding I, LLC (SEE SPECIFICS ON ATTACHMENTS)on 12/7/16. Remarks: served 12/7/2016; mailed 12/12/16. (lc) |
| Filing 91 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Commerce West Bank re accounts of Shoreside SPV Funding I, LLC on 12/7/16 (E SEE SPECIFIC IN ATTACHMENTS). Remarks: served 12/7/2016; mailed 12/12/16. (lc) Modified on 1/6/2017 (lc). |
| Filing 90 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon on writ of attachment on Merchants Bank of California NA re accounts of Shoreside SPV Funding I, LLC (SEE SPECIFIC IN ATTACHMENTS). Remarks: served 12/7/2016; mailed 12/12/16. (lc) Modified on 1/6/2017 (lc). |
| Filing 88 Notice of Appearance or Withdrawal of Counsel: for attorney Jeffrey B Fohrer counsel for Defendants Brad Barlow, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC. Adding Jeffrey B. Fohrer as counsel of record for Shoreside Capital, LLC; Shoreside SPV Funding II, LLC; FHP Capital Partners, Navin Narang and Brad Barlow for the reason indicated in the G-123 Notice. Filed by Defendants Shoreside Capital LLC; Shoreside SPV Funding II, LLC; FHP Capital Partners; Navin Narang and Brad Barlow. (Attorney Jeffrey B Fohrer added to party Brad Barlow(pty:dft), Attorney Jeffrey B Fohrer added to party FPH Capital Partners LLC(pty:dft), Attorney Jeffrey B Fohrer added to party Navin Narang(pty:dft), Attorney Jeffrey B Fohrer added to party Shoreside Capital, LLC(pty:dft), Attorney Jeffrey B Fohrer added to party Shoreside SPV Funding II, LLC(pty:dft))(Fohrer, Jeffrey) |
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Filing 87
ORDER granting #86 Request to Substitute Attorney Richard K Howell in place and instead of Edward S Kim for defendants Shoreside Capital, LLC, Shoreside SPV Funding II, LLC, FHP Capital Partners, Navin Narang and Brad Barlow by Judge S. James Otero. (lc)
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| Filing 86 REQUEST TO SUBSTITUTE ATTORNEY Richard K. Howell in place of attorney Edward S. Kim filed by defendants Brad Barlow, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC. (Attachments: #1 Proposed Order) (Kim, Edward) |
| Filing 85 MEMORANDUM OF GARNISHEE Merchants Bank of California, NA - ACCOUNTS CLOSED filed by plaintiff Fund Recovery Services LLC. (lc) |
| Filing 84 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 days, filed by Plaintiff Fund Recovery Services LLC.. (Goldman, Jeffrey) |
| Filing 83 Notice of Appearance or Withdrawal of Counsel: for attorney Luke Nicholas Eaton counsel for Plaintiff Fund Recovery Services LLC. Timothy Stephen Jenkins is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff Fund Recovery Services LLC. (Eaton, Luke) |
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Filing 82
ORDER denying EX PARTE APPLICATION for TRO #75 by Judge S. James Otero. DENIED BY ORDER OF THE COURT. (jy)
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| Filing 81 REPLY in support of Joint EX PARTE APPLICATION for Temporary Restraining Order as to Order to Show Cause Re Preliminary Injunction #75 filed by Defendants Brad Barlow, Dylan C. Cohen, Kathy Cohen, Nancy Cohen, Richard Cohen, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, Shoreside SPV Funding II, LLC. (Kim, Edward) |
| Filing 80 OPPOSITION to Joint EX PARTE APPLICATION for Temporary Restraining Order as to Order to Show Cause Re Preliminary Injunction #75 filed by Plaintiff Fund Recovery Services LLC. (Attachments: #1 Declaration of Philip Burgess, #2 Declaration of Angelo A. Stio III)(Eaton, Luke) |
| Filing 79 DECLARATION of Guy C. Nicholson in support of Joint EX PARTE APPLICATION for Temporary Restraining Order as to Order to Show Cause Re Preliminary Injunction #75 filed by Defendants Brad Barlow, Dylan C. Cohen, Kathy Cohen, Nancy Cohen, Richard Cohen, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, Shoreside SPV Funding II, LLC. (Kim, Edward) |
| Filing 78 DECLARATION of Dylan C. Cohen in support of Joint EX PARTE APPLICATION for Temporary Restraining Order as to Order to Show Cause Re Preliminary Injunction #75 filed by Defendants Brad Barlow, Dylan C. Cohen, Kathy Cohen, Nancy Cohen, Richard Cohen, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, Shoreside SPV Funding II, LLC. (Kim, Edward) |
| Filing 77 DECLARATION of Michael Marshall in support of Joint EX PARTE APPLICATION for Temporary Restraining Order as to Order to Show Cause Re Preliminary Injunction #75 filed by Defendants Brad Barlow, Dylan C. Cohen, Kathy Cohen, Nancy Cohen, Richard Cohen, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, Shoreside SPV Funding II, LLC. (Kim, Edward) |
| Filing 76 DECLARATION of Edward S. Kim in support of Joint EX PARTE APPLICATION for Temporary Restraining Order as to Order to Show Cause Re Preliminary Injunction #75 filed by Defendants Brad Barlow, Dylan C. Cohen, Kathy Cohen, Nancy Cohen, Richard Cohen, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, Shoreside SPV Funding II, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kim, Edward) |
| Filing 75 Joint EX PARTE APPLICATION for Temporary Restraining Order as to Order to Show Cause Re Preliminary Injunction filed by defendants Brad Barlow, Dylan C. Cohen, Kathy Cohen, Nancy Cohen, Richard Cohen, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, Shoreside SPV Funding II, LLC. (Attachments: #1 Proposed Order Proposed Temporary Restraining Order and Order to Show Cause re Preliminary Injunction) (Kim, Edward) |
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Filing 74
ORDER ON REQUEST FOR SPECIAL APPOINTMENT TO SERVE PROCESS by Magistrate Judge Jacqueline Chooljian: granting #73 Request for Special Appointment. IT HEREBY ORDERED THAT Plaintiff's Request for Special Appointment of a private Process Server to serve any Writ of Attachment and/or Writ of Execution is GRANTED and: 1. Process Server is competent and not less than eighteen (18) years of age; 2. Process Server is not and will not be a party to this action; 3. The process server which will be used by the Process Server to effectuate service in this action is a California process server duly registered in the county in which the Writ of Attachment and/or Writ of Execution will be served; and 4. Granting this request will effect substantial savings in time and travel fees of the United States Marshal, who shall remain the levying officer pursuant to Local Rules 64-2 and 64-3 and California Code of Civil Procedure section 699.080. (hr)
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| Filing 73 Request for Special Appointment to Serve Process filed by Plaintiff Fund Recovery Services LLC (Attachments: #1 Proposed Order on Request for Special Appointment to Serve Process)(Eaton, Luke) Modified on 11/15/2016 (hr). |
| Filing 72 TRANSCRIPT ORDER as to DEFENDANTS Brad Barlow, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC for Court Smart (CS). Court will contact Julie Valenzuela at [email protected] with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court recorder. (Kim, Edward) |
| Filing 71 WRIT of Attachment issued as to Shoreside SPV Funding I, LLC. (hr) |
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Filing 70
RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT by Magistrate Judge Jacqueline Chooljian, re APPLICATION for Writ of Attachement as to Shoreside SPV Funding I, LLC #17 . See order for details. (hr)
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| Filing 69 WRIT of Attachment issued as to defendant Shoreside Loans, LLC. (hr) Modified on 11/9/2016 (hr). |
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Filing 68
RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT by Magistrate Judge Jacqueline Chooljian, re APPLICATION for Writ of of Attachment as to defendant Shoreside Loans, LLC #16 . See order for details. (hr)
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| Filing 67 SUPPLEMENT to APPLICATION for Writ of of Attachment as to defendant Shoreside Loans, LLC #16 , APPLICATION for Writ of Attachement as to Shoreside SPV Funding I, LLC #17 Supplemental Declaration of Jack Cook filed by Plaintiff Fund Recovery Services LLC. (Attachments: #1 Exhibit 1)(Goldman, Jeffrey) |
| Filing 66 MINUTES OF HEARING ON PLAINTIFF'S APPLICATIONS FOR WRIT OF ATTACHMENT ("PLAINTIFF'S APPLICATIONS") (DOCKET NOS. 16, 17); ORDER (1) EXTENDING TEMPORARY PROTECTIVE ORDERS (DOCKET NOS. 32, 33); (2) GRANTING PLAINTIFF'S APPLICATIONS, AND (3) GRANTING IN PART AND DENYING IN PART PLAINTIFF'S REQUEST FOR TURNOVER OF PROPERTY granting #16 APPLICATION for Writ; granting #17 APPLICATION for Writ; held before Magistrate Judge Jacqueline Chooljian: The Court heard argument from counsel. For the reasons explained on the record, the Court ruled as follows: 1. The Court extended the Temporary Protective Orders to the earlier of Thursday, November 10, 2016 or the issuance of the requested writs of attachment. 2. The Court ordered plaintiff, by not later than November 8, 2016, to submit evidence regarding the current amount of the fixed or readily ascertainable total amount of the claims for money upon which Plaintiff's Applications are predicated. 3. The Court granted Plaintiff's Applications and indicated that its written orders and the requested writs of attachment would issue upon receipt and consideration of the above-referenced supplemental submission from plaintiff. Tape #: C/S 11/07/16. (hr) |
| Filing 65 SUPPLEMENT to APPLICATION for Writ of Attachement as to Shoreside SPV Funding I, LLC #17 , APPLICATION for Writ of of Attachment as to defendant Shoreside Loans, LLC #16 Supplemental Declaration of Jack Cook filed by Plaintiff Fund Recovery Services LLC. (Attachments: #1 Exhibit A to Supplemental Declaration of Jack Cook, #2 Exhibit B to Supplemental Declaration of Jack Cook, #3 Exhibit C to Supplemental Declaration of Jack Cook, #4 Exhibit D to Supplemental Declaration of Jack Cook, #5 Exhibit E to Supplemental Declaration of Jack Cook)(Eaton, Luke) |
| Filing 64 NOTICE TO PARTIES by District Judge S. James Otero. Effective November 7, 2016, Judge Otero will be located at the 1st Street Courthouse, COURTROOM 10C on the 10th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 10C 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 |
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Filing 63
ORDER SETTING SCHEDULING CONFERENCE by Judge S. James Otero. Rule 26 Meeting Report due by 12/19/2016. Scheduling Conference set for 1/9/2017 at 08:30 AM before Judge S. James Otero. (vcr)
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| Filing 62 REPLY in support of APPLICATION for Writ of of Attachment as to defendant Shoreside Loans, LLC #16 , APPLICATION for Writ of Attachement as to Shoreside SPV Funding I, LLC #17 filed by Plaintiff Fund Recovery Services LLC. (Attachments: #1 Supplemental Declaration of Jeff Davner in Support of Application for Right to Attach Order and Order for Issuance of Writ of Attachment Against Defendants Shoreside SPV Funding I, LLC and Shoreside Loans, LLC, #2 Declaration Declaration of Jeffrey M. Goldman in Support of Application for Right to Attach Order and Order for Issuance of Writ of Attachment Against Defendants Shoreside SPV Funding I, LLC and Shoreside Loans, LLC)(Goldman, Jeffrey) |
| Filing 61 CERTIFICATE of Interested Parties filed by Defendants Dylan C. Cohen, Kathy Cohen, Nancy Cohen, Richard Cohen, Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, (Nicholson, Guy) |
| Filing 60 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendants Dylan C. Cohen, Richard Cohen, Shoreside Loans, LLC, Shoreside SPV Funding I, LLC.(Attorney Guy C Nicholson added to party Dylan C. Cohen(pty:dft), Attorney Guy C Nicholson added to party Richard Cohen(pty:dft))(Nicholson, Guy) |
| Filing 59 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendants Kathy Cohen, Nancy Cohen.(Attorney Guy C Nicholson added to party Kathy Cohen(pty:dft), Attorney Guy C Nicholson added to party Nancy Cohen(pty:dft))(Nicholson, Guy) |
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Filing 58
ORDER by Judge S. James Otero: granting #29 Non-Resident Attorney Angelo A. Stio III APPLICATION to Appear Pro Hac Vice on behalf of plaintiffFund Recovery Services LLC, designating Jeffrey M. Goldman as local counsel. (lc)
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Filing 56
ORDER DENYING EX PARTE FOR EXPEDITED DISCOVERY #40 by Judge S. James Otero (lc)
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Filing 55
ORDER DENYING EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AGAINSTDEFENDANTS SHORESIDE SPV FUNDING I, LLC AND SHORESIDE LOANS, LLC AND ORDER TOSHOW CAUSE RE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE #39 by Judge S. James Otero (lc)
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| Filing 54 DECLARATION of Philip Burgess in support of EX PARTE APPLICATION to Expedite Discovery #40 , EX PARTE APPLICATION for Temporary Restraining Order as to Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, Shoreside Capital, LLC and Shoreside SPV Funding II, LLC and Order to Show Cause re Preliminary Injunction #39 SUPPLEMENTAL filed by Plaintiff Fund Recovery Services LLC. (Goldman, Jeffrey) |
| Filing 51 OPPOSITION re: EX PARTE APPLICATION to Expedite Discovery #40 filed by Defendants Brad Barlow, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC. (Attachments: #1 Exhibit)(Kim, Edward) |
| Filing 50 DECLARATION of Edward S. Kim Opposition EX PARTE APPLICATION for Temporary Restraining Order as to Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, Shoreside Capital, LLC and Shoreside SPV Funding II, LLC and Order to Show Cause re Preliminary Injunction #39 filed by Defendants Brad Barlow, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC. (Attachments: #1 Exhibit)(Kim, Edward) |
| Filing 49 DECLARATION of Michael Marshall Oppositiion EX PARTE APPLICATION for Temporary Restraining Order as to Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, Shoreside Capital, LLC and Shoreside SPV Funding II, LLC and Order to Show Cause re Preliminary Injunction #39 filed by Defendants Brad Barlow, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC. (Attachments: #1 Exhibit)(Kim, Edward) |
| Filing 48 DECLARATION of Navin Narang Opposition EX PARTE APPLICATION for Temporary Restraining Order as to Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, Shoreside Capital, LLC and Shoreside SPV Funding II, LLC and Order to Show Cause re Preliminary Injunction #39 filed by Defendants Brad Barlow, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC. (Attachments: #1 Exhibit)(Kim, Edward) |
| Filing 47 MEMORANDUM in Opposition to EX PARTE APPLICATION for Temporary Restraining Order as to Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, Shoreside Capital, LLC and Shoreside SPV Funding II, LLC and Order to Show Cause re Preliminary Injunction #39 filed by Defendants Shoreside Loans, LLC, Shoreside SPV Funding I, LLC. (Nicholson, Guy) |
| Filing 46 Opposition Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, Shoreside Capital, LLC and Shoreside SPV Funding II, LLC and Order to Show Cause re Preliminary Injunction #39 filed by Defendants Brad Barlow, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC. (Kim, Edward) |
| Filing 45 DECLARATION of Dylan Cohen and Richard Cohen in opposition to EX PARTE APPLICATION for Temporary Restraining Order as to Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, Shoreside Capital, LLC and Shoreside SPV Funding II, LLC and Order to Show Cause re Preliminary Injunction #39 filed by Defendants Shoreside Loans, LLC, Shoreside SPV Funding I, LLC. (Nicholson, Guy) |
| Filing 44 OPPOSITION to EX PARTE APPLICATION to Expedite Discovery #40 filed by Defendants Shoreside Loans, LLC, Shoreside SPV Funding I, LLC. (Nicholson, Guy) |
| Filing 43 MEMORANDUM in Opposition to APPLICATION for Writ of of Attachment as to defendant Shoreside Loans, LLC #16 , APPLICATION for Writ of Attachement as to Shoreside SPV Funding I, LLC #17 filed by Defendants Shoreside Loans, LLC, Shoreside SPV Funding I, LLC. (Nicholson, Guy) |
| Filing 42 DECLARATION of Dylan Cohen and Richard Cohen in opposition to APPLICATION for Writ of of Attachment as to defendant Shoreside Loans, LLC #16 , APPLICATION for Writ of Attachement as to Shoreside SPV Funding I, LLC #17 filed by Defendants Shoreside Loans, LLC, Shoreside SPV Funding I, LLC. (Nicholson, Guy) |
| Filing 41 SCHEDULING NOTICE OF DEFENDANTS' RESPONSE TO EX PARTE APPLICATIONS by Judge S. James Otero. The Court Orders Defendants to file a written response to the Ex Parte Application for TRO and the Ex Parte Application to expedite discovery by 9:00 a.m. Wednesday, October 18, 2016. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 40 EX PARTE APPLICATION to Expedite Discovery filed by plaintiff Fund Recovery Services LLC. (Attachments: #1 Declaration of Jeffrey M. Goldman in Support of Ex Parte Application for Expedited Discovery, #2 Proposed Order) (Goldman, Jeffrey) |
| Filing 39 EX PARTE APPLICATION for Temporary Restraining Order as to Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, Shoreside Capital, LLC and Shoreside SPV Funding II, LLC and Order to Show Cause re Preliminary Injunction filed by plaintiff Fund Recovery Services LLC. (Attachments: #1 Declaration of Philip Burgess, #2 Declaration of Jeffrey M. Goldman in Support of Ex Parte Application for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction, #3 Proposed Order) (Goldman, Jeffrey) |
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Filing 57
ORDER by Judge S. James Otero: granting #30 Non-Resident Attorney Timothy Stephen Jenkins to Appear Pro Hac Vice on behalf of plaintiff Fund Recovery Services LLC, designating Jeffrey M. Goldman as local counsel. (lc)
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| Filing 53 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/11/16 re Transcript #52 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY |
| Filing 52 TRANSCRIPT for proceedings held on 10/11/16 11:00 a.m.. Court Reporter/Electronic Court Recorder: JAMS CERTIFIED TRANSCRIPTION, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/4/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/12/2017. (ha) |
| Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Reply (Motion related), #26 . The following error(s) was found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) |
| Filing 37 NOTICE of Appearance filed by attorney Edward S Kim on behalf of Defendants Brad Barlow, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside SPV Funding II, LLC (Attorney Edward S Kim added to party Brad Barlow(pty:dft), Attorney Edward S Kim added to party FPH Capital Partners LLC(pty:dft), Attorney Edward S Kim added to party Navin Narang(pty:dft), Attorney Edward S Kim added to party Shoreside Capital, LLC(pty:dft), Attorney Edward S Kim added to party Shoreside SPV Funding II, LLC(pty:dft))(Kim, Edward) |
| Filing 36 TRANSCRIPT ORDER as to Defendant Shoreside Capital, LLC for Court Smart (CS). Court will contact Julie Valenzuela at [email protected] with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court recorder. (Kim, Edward) |
| Filing 35 TRANSCRIPT ORDER as to plaintiff Fund Recovery Services LLC for Court Smart (CS). Court will contact Jeffrey M. Goldman at [email protected] with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court recorder. (Goldman, Jeffrey) |
| Filing 34 MINUTES OF STATUS CONFERENCE/HEARING ON PLAINTIFF'S EX PARTE APPLICATION ("APPLICATION") (DOCKET 21); ORDER (1) GRANTING IN PART AND DENYING IN PART APPLICATION; (2) RE: HEARING ON PLAINTIFF'S APPLICATION FOR WRIT OF ATTACHMENT (DOCKET NO. 17); AND (3) MODIFYING BRIEFING SCHEDULE ON PLAINTIFF'S APPLICATION FOR WRIT OF ATTACHMENT held before Magistrate Judge Jacqueline Chooljian: 1. The Court granted in part and denied in part the Application. 2. The Court indicated that it would concurrently issue two modified temporary protective orders, one directed to defendant Shoreside SPV Funding I, LLC and one directed to Shoreside Loans, LLC. 3. The Court declined to shorten time for the hearing on Plaintiff's Application for Writ of Attachment and left intact the current hearing date and time of November 7, 2016 at 10:00 a.m. for such matter, but indicated that it would be heard by the Magistrate Judge in Courtroom 20, 3rd Floor, 312 N. Spring St., Los Angeles, CA 90012. 4. The Court modified the briefing schedule on Plaintiff's Application for Writ of Attachment by (a) extending defendants' deadline to file an opposition to October 18, 2016; and (b) extending plaintiff's deadline to file a reply to October 25, 2016. Tape #: C/S 10/11/16. (hr) |
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Filing 33
TEMPORARY PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re APPLICATION for Writ of of Attachment, Temporary Protective Order, etc. as to defendant Shoreside Loans, LLC #16 . See order for details. (hr)
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Filing 32
TEMPORARY PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re APPLICATION for Writ of Attachement, Temporary Protective Order, etc. as to Shoreside SPV Funding I, LLC #17 . See order for details. (hr)
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| Filing 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION of Non-Resident Attorney Angelo A. Stio, III to Appear Pro Hac Vice on behalf of Plaintiff Fund Recovery Services LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18687279) #29 , APPLICATION of Non-Resident Attorney Timothy Stephen Jenkins to Appear Pro Hac Vice on behalf of Plaintiff Fund Recovery Services LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18687374) #30 . The following error(s) was found: All the state court that you are admitted to has to be listed under the "Name of Court." 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. (lom) |
| Filing 30 APPLICATION of Non-Resident Attorney Timothy Stephen Jenkins to Appear Pro Hac Vice on behalf of Plaintiff Fund Recovery Services LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18687374) filed by plaintiff Fund Recovery Services LLC. (At tachments: #1 Proposed Order) (Goldman, Jeffrey) |
| Filing 29 APPLICATION of Non-Resident Attorney Angelo A. Stio, III to Appear Pro Hac Vice on behalf of Plaintiff Fund Recovery Services LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18687279) filed by plaintiff Fund Recovery Services LLC. (Attach ments: #1 Proposed Order) (Goldman, Jeffrey) |
| Filing 28 SCHEDULING NOTICE SETTING HEARING ON PENDING MATTER BEFORE THE COURT by Magistrate Judge Jacqueline Chooljian. The parties having advised the Clerk of their availability, the Court, on its own motion, hereby sets a hearing for Tuesday, October 11, 2016 at 11:00 a.m. in Courtroom 20, located at 312 N. Spring Street, Los Angeles, CA THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dml) TEXT ONLY ENTRY |
| Filing 27 DECLARATION of Jack Cook in support of reply to opposition EX PARTE APPLICATION to Shorten Time for Hearing on re APPLICATION for Writ of Attachement as to Shoreside SPV Funding I, LLC #17 , APPLICATION for Writ of of Attachment as to defendant Shoreside Loans, LLC #16 to October 11, #21 filed by Plaintiff Fund Recovery Services LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Eaton, Luke) |
| Filing 26 REPLY to Opposition to EX PARTE APPLICATION to Shorten Time for Hearing on re APPLICATION for Writ of Attachement as to Shoreside SPV Funding I, LLC #17 , APPLICATION for Writ of of Attachment as to defendant Shoreside Loans, LLC #16 to October 11, #21 filed by Plaintiff Fund Recovery Services LLC. (Attorney Luke Nicholas Eaton added to party Fund Recovery Services LLC(pty:pla))(Eaton, Luke) |
| Filing 25 DECLARATION of Dylan Cohen and Richard Cohen in opposition to EX PARTE APPLICATION to Shorten Time for Hearing on re APPLICATION for Writ of Attachement as to Shoreside SPV Funding I, LLC #17 , APPLICATION for Writ of of Attachment as to defendant Shoreside Loans, LLC #16 to October 11, #21 filed by Defendants Shoreside Loans, LLC, Shoreside SPV Funding I, LLC. (Nicholson, Guy) |
| Filing 24 OPPOSITION to Plaintiff's Ex Parte Application for Order Shortening Time filed by Defendants Shoreside Loans, LLC, Shoreside SPV Funding I, LLC. (Attorney Guy C Nicholson added to party Shoreside Loans, LLC(pty:dft), Attorney Guy C Nicholson added to party Shoreside SPV Funding I, LLC(pty:dft))(Nicholson, Guy) |
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Filing 23
MINUTE ORDER (IN CHAMBERS) DIRECTING DEFENDANTS TO FILE RESPONSE TO EX PARTE APPLICATION (DOCKET NO. #21 ) by Magistrate Judge Jacqueline Chooljian. The referenced defendants are directed to file a response to the Ex Parte Application by not later than 12:00 p.m. on October 6, 2016. Plaintiff shall file any reply by not later than 12:00 p.m. on October 7, 2016. (dml)
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| Filing 22 PROOF OF SERVICE filed by plaintiff Fund Recovery Services LLC, re EX PARTE APPLICATION to Shorten Time for Hearing on re APPLICATION for Writ of Attachement as to Shoreside SPV Funding I, LLC #17 , APPLICATION for Writ of of Attachment as to defendant Shoreside Loans, LLC #16 to October 11, #21 served on October 4, 2016. (Goldman, Jeffrey) |
| Filing 21 EX PARTE APPLICATION to Shorten Time for Hearing on re APPLICATION for Writ of Attachement as to Shoreside SPV Funding I, LLC #17 , APPLICATION for Writ of of Attachment as to defendant Shoreside Loans, LLC #16 to October 11, 2016 filed by plaintiff Fund Recovery Services LLC. (Attachments: #1 Declaration of Jack Cook in Support of Ex Part Application, #2 Declaration of Jeffrey M. Goldman in Support of Ex Parte Application, #3 Declaration of Luke Eaton in Support of Ex Parte Application, #4 Proposed Order) (Goldman, Jeffrey) |
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Filing 20
ORDER AUTHORIZING SERVICE OF DEFENDANTS SHORESIDE SPV FUNDING I, LLC AND SHORESIDE LOANS, LLC THROUGH THE CALIFORNIA SCRETARY OF STATE #19 by Judge S. James Otero (lc)
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| Filing 19 EX PARTE APPLICATION for Order for to Serve Defendants Shoreside SPV Funding I, LLC and Shoreside Loans, LLC Through the California Secretary of State filed by plaintiff Fund Recovery Services LLC. (Attachments: #1 Declaration of Jeffrey M. Goldman in Support of Ex Parte Application, #2 Proposed Order, #3 Proof of Service) (Goldman, Jeffrey) |
| Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for Writ of of Attachment as to defendant Shoreside Loans, LLC #16 , APPLICATION for Writ of Attachement as to Shoreside SPV Funding I, LLC #17 . The following error(s) was found: Prejudgment writ of attachment matter was set before the Judge, instead of the Magistrate Judge. 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 17 APPLICATION for Writ of Attachement as to Shoreside SPV Funding I, LLC filed by plaintiff Fund Recovery Services LLC. Application set for hearing on 11/7/2016 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Application for Right to Attach Order, Temporary Protective Order, and Order for Issuance of Writ of Attachment, #2 Memorandum of Points and Authorities in Support of Plaintiff's Application for Right to Attach Order and Order for Issuance of Writ of Attachment Against Defendants Shoreside SPV Funding I, LLC and Shoreside Loans, LLC, #3 Declaration of Jeff Davner in Support of Application for Right to Attach Order and Order for Issuance of Writ of Attachment Against Defendants Shoreside SPV Funding I, LLC and Shoreside Loans, LLC, #4 Right to Attach Order and Order for Issuance of Writ of Attachment After Hearing, #5 Writ of Attachment After Hearing) (Goldman, Jeffrey) |
| Filing 16 APPLICATION for Writ of of Attachment as to defendant Shoreside Loans, LLC filed by plaintiff Fund Recovery Services LLC. Application set for hearing on 11/7/2016 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Application for Right to Attach Order, Temporary Protective Order, and Order for Issuance of Writ of Attachment, #2 Memorandum of Points and Authorities in Support of Plaintiff's Application for Right to Attach Order and Order for Issuance of Writ of Attachment Against Defendants Shoreside SPV Funding I, LLC and Shoreside Loans, LLC, #3 Declaration of Jeff Davner in Support of Application for Right to Attach Order and Order for Issuance of Writ of Attachment Against Defendants Shoreside SPV Funding I, LLC and Shoreside Loans, LLC, #4 Right to Attach Order and Order for Issuance of Writ of Attachment After Hearing, #5 Writ of Attachment) (Goldman, Jeffrey) |
| Filing 15 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendants ABC Corporations, Brad Barlow, Dylan C. Cohen, Kathy Cohen, Nancy Cohen, Richard Cohen, John or Jane Does, FPH Capital Partners LLC, Navin Narang, Shoreside Capital, LLC, Shoreside Loans, LLC, Shoreside SPV Funding I, LLC, Shoreside SPV Funding II, LLC. (lc) |
| Filing 14 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Fund Recovery Services LLC. (Goldman, Jeffrey) |
| Filing 13 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #11 . The following error(s) was found: There appears to be an erroneous Grand View Blvd., Los Angeles, CA street address listed to ALL the defendants. Please remove that address only, if NOT applicable to all the listed defendants. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
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Filing 12
INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vv)
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| Filing 11 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Fund Recovery Services LLC. (Goldman, Jeffrey) |
| Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney T Stephen Jenkins. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at [email protected]. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Angelo A Stio III. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at [email protected]. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
| Filing 8 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #3 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge S. James Otero and Magistrate Judge Jacqueline Chooljian. (ghap) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Fund Recovery Services LLC. (Goldman, Jeffrey) |
| Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff Fund Recovery Services LLC, identifying Princeton Alternative Income Fund, LP. (Goldman, Jeffrey) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Fund Recovery Services LLC. (Goldman, Jeffrey) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Fund Recovery Services LLC. (Goldman, Jeffrey) |
| Filing 1 COMPLAINT Receipt No: 0973-18560678 - Fee: $400, filed by plaintiff Fund Recovery Services LLC. (Attachments: #1 Exhibit A - M) (Attorney Jeffrey M Goldman added to party Fund Recovery Services LLC(pty:pla))(Goldman, Jeffrey) |
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