Livewirecyber, Inc. v. Neal Ivan Lee et al
| Livewirecyber, Inc. |
| Neal Ivan Lee, Young Scholars Institute LLC and Steve Seung Moke Park |
| 2:2017cv00645 |
| January 26, 2017 |
| US District Court for the Central District of California |
| Andre Birotte |
| Alka Sagar |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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| Filing 165 REPLY in support of NOTICE OF MOTION AND MOTION for Sanctions, including but not limited to terminating sanctions, and a contempt order pursuant to the Court's inherent authority for Defendants' violations of the Court's preliminary injunction #159 filed by Plaintiff Livewirecyber, Inc.. (Adams, Kevin) |
Filing 164
ORDER DENYING EX PARTE APPLICATION TO CONTINUE MOTION by Judge Andre Birotte Jr.: Defendants' ex parte application to continue the briefing schedule and hearing on Plaintiffs' motion for sanctions #160 , #161 is DENIED. (gk)
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| Filing 163 REPLY Reply First EX PARTE APPLICATION to Continue Hearing on Motion and Briefing Schedule from December 13, 2019 to December 23, 2019 Re: NOTICE OF MOTION AND MOTION for Sanctions, including but not limited to terminating sanctions, and a contempt order purs #160 Defendants' Reply to Plaintiff's Opposition to Ex Parte to Continue filed by Defendants Neal Ivan Lee, Steve Seung Moke Park, Young Scholars Institute LLC. (Baghdassarian, Alec) |
| Filing 162 MEMORANDUM in Opposition re: First EX PARTE APPLICATION to Continue Hearing on Motion and Briefing Schedule from December 13, 2019 to December 23, 2019 Re: NOTICE OF MOTION AND MOTION for Sanctions, including but not limited to terminating sanctions, and a contempt order purs #160 filed by Plaintiff Livewirecyber, Inc.. (Adams, Kevin) |
| Filing 161 First EX PARTE APPLICATION to CORRECT First EX PARTE APPLICATION to Continue Hearing on Motion and Briefing Schedule from December 13, 2019 to December 23, 2019 Re: NOTICE OF MOTION AND MOTION for Sanctions, including but not limited to terminating sanctions, and a contempt order purs #160 DECLARATION IN SUPPORT OF EX PARTE APPLICATION CORRECTED TO INCLUDE EXHIBITS filed by Defendants Neal Ivan Lee, Steve Seung Moke Park, Young Scholars Institute LLC. (Baghdassarian, Alec) |
| Filing 160 First EX PARTE APPLICATION to Continue Hearing on Motion and Briefing Schedule from December 13, 2019 to December 23, 2019 Re: NOTICE OF MOTION AND MOTION for Sanctions, including but not limited to terminating sanctions, and a contempt order pursuant to the Court's inherent authority for Defendants' violations of the Court's preliminary injunction #159 filed by Defendants Neal Ivan Lee, Steve Seung Moke Park, Young Scholars Institute LLC. (Attachments: #1 Declaration in Support of Ex Parte Application to Continue Motion, #2 Proposed Order on Ex Parte Application to Continue Motion) (Baghdassarian, Alec) |
| Filing 159 NOTICE OF MOTION AND MOTION for Sanctions, including but not limited to terminating sanctions, and a contempt order pursuant to the Court's inherent authority for Defendants' violations of the Court's preliminary injunction filed by Plaintiff Livewirecyber, Inc.. Motion set for hearing on 12/13/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order, #2 Declaration of Sam Kartadinata, #3 Declaration of Leo Li, #4 Exhibit A to Declaration of Leo Li, #5 Exhibit B to Declaration of Leo Li, #6 Exhibit C to Declaration of Leo Li, #7 Declaration of Kevin Adams, #8 Exhibit A to Declaration of Kevin Adams, #9 Exhibit B to Declaration of Kevin Adams, #10 Exhibit C to Declaration of Kevin Adams, #11 Exhibit D to Declaration of Kevin Adams, #12 Exhibit E to Declaration of Kevin Adams, #13 Exhibit F to Declaration of Kevin Adams, #14 Exhibit G to Declaration of Kevin Adams, #15 Exhibit H to Declaration of Kevin Adams, #16 Exhibit I to Declaration of Kevin Adams, #17 Exhibit J to Declaration of Kevin Adams, #18 Exhibit K to Declaration of Kevin Adams, #19 Exhibit L to Declaration of Kevin Adams) (Adams, Kevin) |
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Filing 158
ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR LEAVE TO FILE MOTION FOR TERMINATING OR OTHER CONTEMPT SANCTIONS by Judge Andre Birotte Jr.: Plaintiff HS2's Ex Parte Application #156 is GRANTED. Plaintiff HS2 is GRANTED leave to file the Motion for Terminating or Other Contempt Sanctions. Separate from Plaintiff's lodging on 11/13/2019, Plaintiff HS2's Motion for Terminating or Other Contempt Sanctions shall be filed on or before 11/20/2019. The briefing schedule and hearing date on the Motion for Terminating Sanctions is as follows: (a) Defendants' opposition is due by no later than 11/29/2019; (b) HS2's reply, if any, is due by no later than 12/6/2019; and (c) The hearing is scheduled for 12/13/2019 at 10:00 AM. (gk)
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| Filing 157 NOTICE OF LODGING filed re EX PARTE APPLICATION for Leave to file Motion for Terminating and Other Contempt Sanctions #156 (Attachments: #1 Notice of Motion and Motion for Terminating and Other Contempt Sanctions, #2 Proposed Order, #3 Declaration of Sam Kartadinata, #4 Declaration of Leo Li, #5 Exhibit A to Declaration of Leo Li, #6 Exhibit B to Declaration of Leo Li, #7 Exhibit C to Declaration of Leo Li, #8 Declaration of Kevin Adams, #9 Exhibit A to Declaration of Kevin Adams, #10 Exhibit B to Declaration of Kevin Adams, #11 Exhibit C to Declaration of Kevin Adams, #12 Exhibit D to Declaration of Kevin Adams, #13 Exhibit E to Declaration of Kevin Adams, #14 Exhibit F to Declaration of Kevin Adams, #15 Exhibit G to Declaration of Kevin Adams, #16 Exhibit H to Declaration of Kevin Adams, #17 Exhibit I to Declaration of Kevin Adams, #18 Exhibit J to Declaration of Kevin Adams, #19 Exhibit K to Declaration of Kevin Adams)(Adams, Kevin) |
| Filing 156 EX PARTE APPLICATION for Leave to file Motion for Terminating and Other Contempt Sanctions filed by Plaintiff Livewirecyber, Inc.. (Attachments: #1 Proposed Order, #2 Declaration of Kevin Adams, #3 Exhibit A to Declaration of Kevin Adams, #4 Exhibit B to Declaration of Kevin Adams, #5 Exhibit C to Declaration of Kevin Adams) (Adams, Kevin) |
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Filing 155
ORDER SETTING TRIAL FILINGSDEADLINES by Judge Andre Birotte Jr. Motion in Limine is set for hearing on 1/14/2020 at 08:30 AM andd the Jury Trial is set for 1/14/2020 08:30 AM before Judge Andre Birotte Jr. (yl)
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| Filing 154 REQUEST for Order for Proposed Order Setting Trial Filings Deadlines (Docket 151) filed by Plaintiff Livewirecyber, Inc.. (Adams, Kevin) |
| Filing 153 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Request filed 10/4/2019 #151 . Counsel shall immediately file a Proposed Order and email a Microsoft Word version of the Proposed Order to the chambers email address. (gk) |
| Filing 152 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Order for Clarification of August 19, 2019 Order Continuing Trial Docket No. 145 #151 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. All proposed signature items shall be e-mailed to the chambers' e-mail address at AB_chambers@cacd.uscourts.gov in Word format. ONLY proposed order signature items should be emailed to the chambers' e-mail address. 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. (gk) |
| Filing 151 REQUEST for Order for Clarification of August 19, 2019 Order Continuing Trial Docket No. 145 filed by Plaintiff Livewirecyber, Inc.. (Attachments: #1 Declaration of Kevin A. Adams, #2 Exhibit A to Declaration of Kevin A. Adams) (Adams, Kevin) |
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Filing 150
ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER TO REOPEN LIMITED DISCOVERY by Judge Andre Birotte Jr.: The Court HEREBY ORDERS that Plaintiff Livewirecyber, Inc., dba as HS2 Academy's ("HS2") Ex Parte Application #148 is hereby granted. Discovery is reopened for limited purposes. The court grants HS2 leave to subpoena Spectrum/Charter Communications Inc., and AT&T U-verse. (gk)
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| Filing 149 Opposition In Opposition re: EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 10/31/2019 #148 filed by Defendants Neal Ivan Lee, Steve Seung Moke Park, Young Scholars Institute LLC. (Attachments: #1 Declaration In Support of Opposition to Ex Parte)(Baghdassarian, Alec) |
| Filing 148 EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 10/31/2019 filed by Plaintiff Livewirecyber, Inc.. (Attachments: #1 Declaration of Zhenyu Li, #2 Exhibit to Declaration of Zhenyu Li, #3 Declaration of Sam Kartadinata, #4 Declaration of Kevin Adams, #5 Exhibit to Declaration of Kevin Adams, #6 Proposed Order) (Adams, Kevin) |
| Filing 147 Notice of Appearance or Withdrawal of Counsel: for attorney Kevin A Adams counsel for Plaintiff Livewirecyber, Inc.. Adding Kevin A. Adams as counsel of record for Livewirecyber, Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiff Livewirecyber, Inc.. (Attorney Kevin A Adams added to party Livewirecyber, Inc.(pty:pla))(Adams, Kevin) |
| Filing 146 NOTICE OF ENTRY OF ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE TRIAL filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 144 NOTICE of Ruling and Entry of Order on Motion For Leave to Withdraw As Counsel For Plaintiff, Livewirecyber, Inc. DBA Hs2 Academy. filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
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Filing 145
ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE TRIAL by Judge Andre Birotte Jr.: Upon Plaintiff's Ex Parte Application #142 , IT IS HEREBY ORDERED that the Jury Trial is hereby continued to 1/14/2020 08:30 AM before Judge Andre Birotte Jr. Defendants' Motion in Limine #130 is continued to this same date and time. Discovery will remain closed. All other dates shall track pursuant to the court's standing order as measured by the new trial date. (gk)
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Filing 143
MINUTES (IN CHAMBERS) Order GRANTING Larson & Gaston, LLP's Motion for Leave to Withdraw as Counsel of Record for Plaintiff Livewirecyber, Inc. dba HS2 Academy by Judge Andre Birotte Jr.: The Court GRANTS Larson & Gaston, LLP's ("LG") unopposed Motion to Withdraw as Counsel of Record for Plaintiff #138 . Plaintiff shall have 45 days from the issuance of this Order to file a notice of appearance for new counsel. If Plaintiff has not filed a notice of appearance by that deadline, the Court will issue an order to show cause why the matter should not be dismissed for failure to prosecute. LG will be relieved as counsel when Plaintiff's new counsel files a notice of appearance or on 9/30/2019, whichever comes first. LG shall continue to serve Plaintiff Livewire, Inc., dba HS2 Academy with any orders from this Court until that time. LG shall serve this Order on Plaintiff by mail and e-mail, or any other practical means of service to give actual notice and shall file a proof of service by 8/30/2019. The hearing on this motion, scheduled for 8/16/2019, is VACATED. Court Reporter: N/A. (gk)
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| Filing 142 EX PARTE APPLICATION to Continue TRIAL from 10/15/2019 to January 13, 2020 filed by Plaintiff Livewirecyber, Inc.. (Attachments: #1 Proposed Order) (Larson, John) |
| Filing 141 DECLARATION of John B. Larson, Esq. in support of NOTICE OF MOTION AND MOTION of John B. Larson to Withdraw as Attorney #138 filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 140 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION of John B. Larson to Withdraw as Attorney #138 filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 139 PROOF OF SERVICE filed by Plaintiff Livewirecyber, Inc., re NOTICE OF MOTION AND MOTION of John B. Larson to Withdraw as Attorney #138 served on July 18, 2019. (Larson, John) |
| Filing 138 NOTICE OF MOTION AND MOTION of John B. Larson to Withdraw as Attorney filed by Plaintiff Livewirecyber, Inc.. Motion set for hearing on 8/16/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order) (Larson, John) |
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Filing 137
FINAL PRETRIAL CONFERENCE ORDER approved by Judge Andre Birotte Jr. (lom)
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| Filing 136 Witness List filed by Defendants Neal Ivan Lee, Steve Seung Moke Park, Young Scholars Institute LLC.. (Baghdassarian, Alec) |
| Filing 135 PROPOSED JURY VERDICT filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 134 PROPOSED JURY INSTRUCTIONS filed by Plaintiff Livewirecyber, Inc... (Larson, John) |
| Filing 133 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Livewirecyber, Inc.. (Revised) (Larson, John) |
| Filing 132 Witness List filed by Plaintiff Livewirecyber, Inc... (Larson, John) |
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Filing 131
ORDER EXTENDING FILING DEADLINE OF JOINT JURY INSTRUCTIONS, FINAL PRETRIAL CONFERENCE ORDER AND SPECIAL VERDICT FORM #129 by Judge Andre Birotte Jr: The date for filing the joint jury instructions, final pretrial conference order, and special verdict form is continued to July 3, 2019. (vv)
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| Filing 130 NOTICE OF MOTION AND MOTION IN LIMINE to Preclude Introduction of Evidence other than that Provided in Initial Disclosures or Discovery filed by Defendants Neal Ivan Lee, Steve Seung Moke Park, Young Scholars Institute LLC. Motion set for hearing on 10/15/2019 at 08:30 AM before Judge Andre Birotte Jr.(Baghdassarian, Alec) |
| Filing 129 Joint STIPULATION for Extension of Time to File Joint Jury Instructions, Final Pretrial Conference Order And Special Verdict Form filed by Plaintiff Livewirecyber, Inc.. (Attachments: #1 Proposed Order)(Larson, John) |
| Filing 128 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Notice of Association of Counsel filed 6/6/2019 #123 . The document is stricken. (gk) |
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Filing 127
MINUTES (IN CHAMBERS) ORDER GRANTING PLAINTIFF'S MOTION FOR CIVIL CONTEMPT AND DENYING DEFENDANTS' MOTIONS IN LIMINE by Judge Andre Birotte Jr.: The Court GRANTS Plaintiff's Motion for Civil Contempt #102 and GRANTS Plaintiff's request for sanctions in the amount of $2,835 for fees incurred in bringing this Motion. Defendants are ORDERED to fully comply with Judge Sagar's 3/13/2019 Order Granting in Part Plaintiff's Motion to Compel within seven court days. The Court DENIES Defendants' Motions in Limine #110 , #111 without prejudice. Court Reporter: N/A. (gk)
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| Filing 126 MINUTES OF Final Pretrial Conference and Motion Hearing held before Judge Andre Birotte Jr. RE: Plaintiff's Motion for Civil Contempt Sanctions and for Further Orders to Enforce the Preliminary Injunction #102 ; Defendants' Motion in Limine to Preclude Plaintiff from Offering Any Documents, Witnesses or Facts Other Than Those Disclosed in the Initial Disclosure or Responses to Discovery, for Failure to Disclose Same in Discovery #110 ; Defendant Steve Seung Moke Park's Motion in Limine to Preclude Plaintiff from Offering Any Documents, Witnesses or Facts Against Him at Trial #111 . The Courtroom Deputy Clerk distributes the Court's tentative rulings prior to the case being called. The Court, having conferred with counsel, allots 8 hours of trial time to each side, excluding openings and closings. Opening statements must not exceed 20 minutes per side, and closing arguments must not exceed 30 minutes per side. The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motions under submission. For the reasons stated on the record, the Court continues the Jury Trial date to 10/15/2019 08:30 AM before Judge Andre Birotte Jr. Counsel shall meet and confer and file the following revised documents by no later than 6/28/2019: Proposed Jury Instructions; Proposed Final Pretrial Conference Order; and Proposed Special Verdict Form. Court Reporter: Chia Mei Jui. Court Reporter: Chia Mei Jui. (gk) |
| Filing 125 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Association of Counsel, #123 . The following error(s) was/were found: Notice of Association not signed by the firm of Alec Baghdassarian and Edward Wallace. 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. (ak) |
| Filing 124 Joint STIPULATION to Continue TRIAL from June 25, 2019 to October 28, 2019 filed by Plaintiff Livewirecyber, Inc.. (Attachments: #1 Declaration of Vickie Chiang, #2 Declaration of John B. Larson, Esq., #3 Proposed Order)(Larson, John) |
| Filing 123 * STRICKEN * NOTICE of Association of Counsel associating attorney Edward S. Wallace on behalf of Defendants Neal Ivan Lee, Steve Seung Moke Park, Young Scholars Institute LLC. Filed by Defendants Neal Ivan Lee, Steve Seung Moke Park, Young Scholars Institute LLC (Baghdassarian, Alec) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 6/1/2019 #128 ** Modified on 6/12/2019 (gk). |
| Filing 122 REPLY In Support Second MOTION IN LIMINE to Preclude Introduction of Evidence #111 filed by Defendant Steve Seung Moke Park. (Baghdassarian, Alec) |
| Filing 121 REPLY In Support First MOTION IN LIMINE to Preclude Introduction of Evidence other than that Provided in Initial Disclosures or Discovery #110 filed by Defendants Neal Ivan Lee, Steve Seung Moke Park, Young Scholars Institute LLC. (Baghdassarian, Alec) |
| Filing 120 Proposed Voir Dire Questions filed by Plaintiff Livewirecyber, Inc... (Larson, John) |
| Filing 119 PROPOSED JURY INSTRUCTIONS filed by Plaintiff Livewirecyber, Inc... (Larson, John) |
| Filing 118 PROPOSED JURY VERDICT filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 117 STATEMENT of the case (joint) filed by Plaintiff Livewirecyber, Inc. (Larson, John) |
| Filing 116 First Amended Joint Exhibit List filed by Plaintiff Livewirecyber, Inc... (Larson, John) |
| Filing 115 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 114 OPPOSITION to First MOTION IN LIMINE to Preclude Introduction of Evidence other than that Provided in Initial Disclosures or Discovery #110 filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 113 OPPOSITION to Second MOTION IN LIMINE to Preclude Introduction of Evidence #111 filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 112 NOTICE OF NON OPPOSITION re NOTICE OF MOTION AND MOTION for Contempt against Defendants #102 filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 111 NOTICE OF MOTION AND Second MOTION IN LIMINE to Preclude Introduction of Evidence filed by Defendant Steve Seung Moke Park. Motion set for hearing on 6/7/2019 at 11:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration in Support of Motion in Limine (2))(Baghdassarian, Alec) |
| Filing 110 NOTICE OF MOTION AND First MOTION IN LIMINE to Preclude Introduction of Evidence other than that Provided in Initial Disclosures or Discovery filed by Defendants Neal Ivan Lee, Steve Seung Moke Park, Young Scholars Institute LLC. Motion set for hearing on 6/7/2019 at 11:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration in Support of Motion in Limine (1))(Baghdassarian, Alec) |
| Filing 109 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Neal Ivan Lee, Steve Seung Moke Park, Young Scholars Institute LLC. (Baghdassarian, Alec) |
| Filing 108 Witness List filed by Defendants Neal Ivan Lee, Steve Seung Moke Park, Young Scholars Institute LLC.. (Baghdassarian, Alec) |
| Filing 107 Witness List filed by Plaintiff Livewirecyber, Inc... (Larson, John) |
| Filing 106 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 105 STATUS REPORT (JOINT) filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 104 Joint Exhibit List filed by Plaintiff Livewirecyber, Inc... (Larson, John) |
| Filing 103 ANSWER to Amended Complaint/Petition #74 Answer to Third Amended Complaint filed by Defendants Neal Ivan Lee, Steve Seung Moke Park, Young Scholars Institute LLC.(Attorney Alec J Baghdassarian added to party Steve Seung Moke Park(pty:dft))(Baghdassarian, Alec) |
| Filing 102 NOTICE OF MOTION AND MOTION for Contempt against Defendants filed by Plaintiff Livewirecyber, Inc.. Motion set for hearing on 6/7/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Notice of Motion for Civil Contempt) (Larson, John) |
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Filing 101
MINUTE (IN CHAMBERS) Order GRANTING Plaintiff's Request for Sanctions (Docket Entry Nos. #92 , #97 , #98 ) by Magistrate Judge Alka Sagar. Plaintiff's request for sanctions is GRANTED. Defendant Young Scholars Institute LLC and its counsel are jointly ordered to pay $3,535 in attorneys fees to Plaintiff's counsel no later than seven days from the date of this Order. (see document for further details) (hr)
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| Filing 100 SCHEDULING NOTICE by Magistrate Judge Alka Sagar. Pursuant to the Minute Order issued on March 13, 2019 (Docket Entry No. #99 , the previously scheduled Motion to Compel (Docket Entry No. #92 ) hearing set for March 21, 2019 at 10:00 a.m. is hereby VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY |
| Filing 99 MINUTES OF Order Granting-In-Part Plaintiffs Motion to Compel Discovery Responses (Dkt. Nos. #92 , #97 , #98 ) held before Magistrate Judge Alka Sagar. On March 7, 2019, the Court held a telephonic hearing on Plaintiff's motion to compel discovery responses to special interrogatories and requests for production (See Dkt. No. #92 )("motion"). The Court has reviewed and considered the motion, Defendants' opposition (Dkt. No. #97 ), Plaintiff's reply (Dkt. No. #98 ) the arguments of counsel at the hearing, and issued the following ruling: (See Order for complete details) Court Recorder: XTR 03/07/19. (afe) |
| Filing 98 REPLY MOTION to Compel discovery from Defendants' #92 filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 97 MEMORANDUM in Opposition to MOTION to Compel discovery from Defendants' #92 filed by Defendant Young Scholars Institute LLC. (Attachments: #1 Exhibit Exhibits in Support of Opposition to Motion to Compel)(Baghdassarian, Alec) |
| Filing 96 MINUTES OF Order Directing Response to Motion to Compel held before Magistrate Judge Alka Sagar. Counsel for Defendant must file a response to the motion no later than February 28, 2019 at noon. A telephonic hearing on the motion to compel is scheduled for March 7, 2019 at 2:30 p.m. (See Order for complete details) Court Recorder: XTR 02/25/19. (afe) |
| Filing 95 SCHEDULING NOTICE by Magistrate Judge Alka Sagar. A Telephone Conference re: MOTION to Compel Discovery from Defendants' #92 is set for February 25, 2019 at 2:00 PM before Magistrate Judge Alka Sagar. The call-in number and password will be emailed to the parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY |
| Filing 94 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) #93 , MOTION to Compel Discovery #92 by Magistrate Judge Alka Sagar. The hearing date has been rescheduled to 3/21/2019 at 10:00 AM. The hearing will be held in courtroom 540, 5th Floor of the Edward R. Roybal Federal Building 255 East Temple Street, Los Angeles, CA 90012, before Magistrate Judge Alka Sagar. Counsel is directed to provide the mandatory chambers copy to Judge Sagars drop box outside suite 1200 (12th floor) Roybal Clerk's Office. (hr) |
| Filing 93 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Compel discovery from Defendants #92 . The following error(s) was/were found: Hearing information is incorrect. Pursuant to District Judge Andre Birotte, Jr.'s Procedures and Schedules page on the court's website, all discovery motions and stipulations are to be calendared before the assigned magistrate judge. 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. (hr) |
| Filing 92 NOTICE OF MOTION AND MOTION to Compel discovery from Defendants' filed by Plaintiff Livewirecyber, Inc.. Motion set for hearing on 3/22/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 JOINT STIPULATION ON PLAINTIFFS MOTION TO COMPEL)(Larson, John) |
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Filing 91
ORDER MODIFYING SCHEDULING ORDER by Judge Andre Birotte Jr.: Upon Stipulation #90 , IT IS HEREBY ORDERED that the Final Pretrial Conference is hereby continued to 6/7/2019 11:00 AM before Judge Andre Birotte Jr. Jury Trial is hereby continued to 6/25/2019 08:30 AM before Judge Andre Birotte Jr. Non-expert discovery and related motions to compel shall cut off on 4/26/2019. All other dates shall track pursuant to the courts standing order as measured by the new trial date. (gk)
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| Filing 90 Joint STIPULATION to Continue TRIAL from February 26, 2019 to June 25, 2019 filed by Plaintiff Livewirecyber, Inc.. (Attachments: #1 Declaration of John B. Larson, Esq., #2 Proposed Order)(Larson, John) |
| Filing 89 Joint STIPULATION to Continue FINAL PRETRIAL CONFERENCE from February 1, 2019 to February 8, 2019 filed by Defendant Livewirecyber, Inc.. (Attachments: #1 Proposed Order)(Larson, John) |
| Filing 88 STATUS REPORT (Joint) regarding Settlement filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 87 Witness List filed by Plaintiff Livewirecyber, Inc... (Larson, John) |
| Filing 86 Exhibit List filed by Plaintiff Livewirecyber, Inc... (Larson, John) |
| Filing 85 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
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Filing 84
MINUTES (IN CHAMBERS) Order GRANTING Unopposed Ex Parte Application to Extend Discovery Cut-off Date by Judge Andre Birotte Jr.: The Court finds that Rule 16(b)(4) is satisfied and will grant Plaintiff's Application #83 and modify the scheduling order. The Court therefore reopens discovery and extends the non-expert discovery cut-off date to 1/14/2019 and deems written discovery served on Defendants on 11/5/2018 with responses due on 12/21/2018. Court Reporter: N/A. (gk)
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| Filing 83 EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 1/14/2019 filed by Plaintiff Livewirecyber, Inc.. (Attachments: #1 Proposed Order) (Larson, John) |
| Filing 82 Notice of Withdrawal of Motion to Extend Discovery Cut-Off Date #81 filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 81 [WITHDRAWN] EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 1/4/2019 filed by Plaintiff Livewirecyber, Inc.. (Attachments: #1 Proposed Order) (Larson, John) Modified on 11/15/2018 (cb). |
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Filing 80
ORDER ON STIPULATION TO CONTINUE TRIAL AND CORRESPONDING DATES by Judge Andre Birotte Jr.: The Stipulation #75 is GRANTED. Jury Trial is continued to 2/26/2019 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference is continued to 2/1/2019 11:00 AM before Judge Andre Birotte Jr. The dates agreed upon between the parties and set forth in the Joint Report are continued by 150 days. (gk)
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| Filing 79 Proposed Exhibit List for Trial filed by Plaintiff Livewirecyber, Inc... (Larson, John) |
| Filing 78 STATUS REPORT regarding Settlement filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 77 Witness List filed by Plaintiff Livewirecyber, Inc... (Larson, John) |
| Filing 76 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 75 First STIPULATION to Continue Trial from September 25, 2018 to February 22, 2019 filed by Defendants Young Scholars Institute LLC. (Attachments: #1 Declaration, #2 Proposed Order)(Baghdassarian, Alec) |
| Filing 74 THIRD AMENDED COMPLAINT against Defendants All Plaintiffs amending Amended Complaint/Petition #65 , filed by Plaintiff Livewirecyber, Inc.(Larson, John) |
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Filing 73
ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT by Judge Andre Birotte Jr.: Upon Plaintiff's Ex Parte Application #72 , it is hereby ORDERED that Plaintiff shall file the Third Amended Complaint within seven from the entry of this Order. (gk)
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| Filing 72 EX PARTE APPLICATION to File Third Amended Complaint filed by Plaintiff Livewirecyber, Inc.. (Attachments: #1 Proposed Order Granting Plaintiff's Ex Parte Application, #2 [Proposed] Third Amended Complaint) (Larson, John) |
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Filing 71
ORDER/REFERRAL to ADR Procedure No 3 by Judge Andre Birotte Jr. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 6/29/2018. (cb)
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Filing 70
ORDER RE JURY/COURT TRIAL by Judge Andre Birotte Jr. Final Pretrial Conference set for 8/31/2018 at 11:00 AM before Judge Andre Birotte Jr. Jury Trial set for 9/25/2018 at 08:30 AM before Judge Andre Birotte Jr. SEE ORDER FOR DETAILS. (cb)
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Filing 69
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the October 6, 2017 Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 68 ANSWER to Amended Complaint/Petition #65 filed by Defendants Neal Ivan Lee, Young Scholars Institute LLC.(Baghdassarian, Alec) |
| Filing 67 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4-7 days, filed by Plaintiff Livewirecyber, Inc... (Larson, John) |
| Filing 66 MINUTES OF 1) ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT FOR VIOLATING THE PRELIMINARY INJUNCTION; and 2) PLAINTIFF'S MOTION FOR CIVIL CONTEMPT SANCTIONS AND FOR FURTHER ORDERS TO ENFORCE THE PRELIMINARY INJUNCTION held before Judge Andre Birotte Jr.: The following witnesses are called, sworn and testify: Jianhua Ren and Aileen Cheung. Exhibit 2 to Declaration of Neil Ivan Lee in Support Defendants' Opposition to Motion for Civil Contempt (Dkt. No. 57-1) is incorporated and made part of the proceeding. The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby DENIES the motion #26 for the reasons stated on the record. The Court finds Plaintiff has failed to prove by clear and convincing evidence Defendants violated the preliminary injunction and makes no finding of contempt. Court Reporter: Chia Mei Jui. (gk) |
| Filing 65 SECOND AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition #16 , filed by Plaintiff Livewirecyber, Inc.(Larson, John) |
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Filing 64
ORDER ON STIPULATION TO SET HEARING DATE by Judge Andre Birotte Jr.: It is hereby ORDERED that PURSUANT TO THE Stipulation of the parties #63 , the evidentiary hearing date on Plaintiff's Motion for Civil Contempt #26 will be heard by the Court on 9/1/2017 at 10:00 AM before Judge Andre Birotte Jr. No further briefing will be allowed. Plaintiff's counsel shall serve a copy of this order on the Defendants. (gk)
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| Filing 63 STIPULATION for Hearing re to set hearing date filed by Plaintiff Livewirecyber, Inc.. (Attachments: #1 Proposed Order)(Larson, John) |
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Filing 62
MINUTES (IN CHAMBERS) Order Vacating OSC Hearing, Directing Parties to File Stipulation by Judge Andre Birotte Jr.: There appears to be some confusion regarding the evidentiary hearing on calendar for Friday, 8/18/2017, at 11:30 AM. On 4/11/2017, Plaintiff filed a motion for civil contempt sanctions #26 . The Court held a hearing on 5/15/2017, at which point it issued an Order to Show Cause Why Defendants Should Not Be Held in Contempt for Violating the Preliminary Injunction ("OSC"). The Court gave both parties briefing deadlines and made clear that written responses to motions or OSCs are not optional, reminding the parties that the failure to respond operates as a concession under the Local Rules. Because it appears there is some confusion surrounding the nature of the evidentiary hearing set for 8/18/2017 at 11:30 AM, which has been continued three times and for which the parties have already appeared once, the Court will once again continue the hearing to give the parties a chance to be fully prepared. Accordingly, the Court VACATES the hearing set for Friday, 8/18/2017. The Court ORDERS the parties to file a stipulation with a proposed hearing date by 5:00 PM Monday, 8/21/2017. No further briefing will be permitted. See document for further details. Court Reporter: N/A. (gk)
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| Filing 61 Objections to Declaration of Aileen Cheung In Opposition re: NOTICE OF MOTION AND MOTION for Contempt against Defendants NEAL IVAN LEE and YOUNG SCHOLARS INSTITUTE #26 filed by Defendants Neal Ivan Lee, Young Scholars Institute LLC. (Baghdassarian, Alec) |
| Filing 60 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Supplement(Motion related) #58 , Objection #59 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Doc 59 - Objection/Opposition (Motion related). Any response to motion should be linked to Motion in referencing. See document no. 58 and 59. 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. (lom) |
| Filing 59 OBJECTIONS filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 58 SUPPLEMENT filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 57 MEMORANDUM in Opposition Opposition to Motion for Civil Contempt filed by Defendants Neal Ivan Lee, Young Scholars Institute LLC. (Attachments: #1 Declaration Declaration of Neal Ivan Lee in Support of Opposition to Motion for Civil Contempt)(Baghdassarian, Alec) |
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Filing 56
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS COUNTS FIVE, SIX, AND EIGHT by Judge Andre Birotte Jr.: The Court GRANTS IN PART and DENIES IN PART Defendants' motion to dismiss #48 . Plaintiff shall file an amended complaint within 30 days of this order or the dismissal will be with prejudice. (gk)
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| Filing 55 MINUTES OF Order to Show Cause Why Defendants Should Not Be Held in Contempt for Violating the Preliminary Injunction; Plaintiff's Motion for Civil Contempt Sanctions and for Further Order to Enforce the Preliminary Injunction #26 ; and Defendants' Motion to Dismiss #48 Hearing held before Judge Andre Birotte Jr.: The Courtroom Deputy Clerk distributes the Court's tentative ruling as to Defendants' Motion to Dismiss prior to the case being called. The Court hereby takes the Motion to Dismiss #48 under submission. The Court continues the hearing on Plaintiff's Motion for Civil Contempt Sanctions and the Order to Show Cause #26 to 8/18/2017 at 11:30 AM before Judge Andre Birotte Jr. Defendants are ordered to file a written response to the Order to Show Cause by 8/4/2017, and Plaintiff's response shall be filed by 8/11/2017. These deadlines are not optional. The failure to meet these deadlines operates as a concession. Defendants have already failed to comply with two deadlines, and the Court will not hesitate to impose sanctions should this trend continue. Court Reporter: Chia Mei Jui. (gk) |
| Filing 54 NOTICE TO PARTIES by District Judge Andre Birotte Jr.: Effective Monday, July 31, 2017, Judge Birotte will hear all civil matters on Fridays at 10:00 a.m. Any hearing currently on calendar for Monday, July 31st or later will be heard Friday of the same week. Hearing deadlines in scheduling orders shall be read to reflect the same. Motions filed in the month of July will adhere to the current briefing schedule, with opposition and reply briefs due on Mondays. For any motion filed July 31, 2017, or later (noticed for hearing on Friday, September 1, 2017, or later) the briefing schedule shall adhere to Local Rules 7-9 and 7-10, these deadlines each falling on a Friday in accordance with the new Friday calendar dates: 21 days prior for opposition papers and 14 days prior for reply papers. All Jury Trials will still commence on Tuesdays. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 53 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION to Dismiss Counts 5, 6, and 8 Motion #48 filed by Plaintiff Livewirecyber, Inc.. (Attachments: #1 Declaration Declaration Of Gloria G. Medel, Esq. In Support Of Opposition to Motion to Dismiss)(Larson, John) |
| Filing 52 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion For Civil Contempt Sanctions And For Further Orders #46 . The following error(s) was found: Incorrect event selected. The correct event is: Responses/Replies/Other Motion Related Document- Supplement (Motion related). 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. (iv) |
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Filing 51
(IN CHAMBERS) ORDER CONTINUING 1) ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT FOR VIOLATING THE PRELIMINARY INJUNCTION; and 2) PLAINTIFF'S MOTION FOR CIVIL CONTEMPT SANCTIONS AND FOR FURTHER ORDERS TO ENFORCE THE PRELIMINARY INJUNCTION #26 by Judge Andre Birotte Jr. This Court hereby CONTINUES the Order to Show Cause and Motion hearing date from July 10, 2017 to Monday, July 24, 2017 at 10:00 am before Judge Andre Birotte Jr. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 50
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 10/2/2017 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 49 (IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE. On June 22, 2017, the Court issued an Order to Show Cause why it should not dismiss this action for lack of prosecution. Plaintiff has filed a response to the Order to Show Cause re Lack of Prosecution on June 22, 2017. The Court deems that response satisfactory, and orders the Order to Show Cause discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY |
| Filing 48 First NOTICE OF MOTION AND MOTION to Dismiss Counts 5, 6, and 8 Motion filed by Defendants Neal Ivan Lee, Young Scholars Institute LLC. Motion set for hearing on 7/24/2017 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration, #2 Proposed Order) (Attorney Alec J Baghdassarian added to party Neal Ivan Lee(pty:dft), Attorney Alec J Baghdassarian added to party Young Scholars Institute LLC(pty:dft)) (Baghdassarian, Alec) |
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Filing 47
ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Andre Birotte Jr. The Court, on its own motion, orders Plaintiff(s) to show cause, in writing, on or before July 3, 2017, why this action should not be dismissed for lack of prosecution. The Order to Show Cause will stand submitted upon the filing of Plaintiff(s) response. Failure to respond to this Order to Show Cause will be deemed consent to the dismissal of the action. Defendant(s) Neal Ivan Lee and Young Scholars Institute LLC did not answer the complaint, yet Plaintiff(s) have failed to request entry of default, pursuant to Fed. R. Civ. P. 55(a). Plaintiff(s) can satisfy this order by seeking entry of default or by dismissing the complaint. See document for details. (smo)
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| Filing 46 NOTICE OF MOTION AND MOTION to Supplement Brief In Support Of Plaintiffs Motion For Civil Contempt Sanctions And For Further Orders To Enforce The Preliminary Injunction re NOTICE OF MOTION AND MOTION for Contempt against Defendants NEAL IVAN LEE and YOUNG SCHOLARS INSTITUTE #26 filed by Plaintiff Livewirecyber, Inc.. Motion set for hearing on 7/10/2017 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration) (Larson, John) |
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Filing 45
ORDER ON STIPULATION TO SET ASIDE ENTRY OF DEFAULT AS AGAINST DEFENDANTS #42 by Judge Andre Birotte Jr. It is hereby ORDERED that Entry of Default entered against Defendant NEAL IVAN LEE on April 13, 2017 and against Defendant YOUNG SCHOLARS INSTITUTE LLC on March 31, 2017 shall be set aside. Defendants shall file a responsive pleading by Wednesday, June 21, 2017. Defendants shall reimburse Plaintiffs fees and costs incurred in the preparation, research and filing of the Entry of Default in the total amount of $2,303.69, within 7 business days from the entry of the Court's instant Order. (lom)
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| Filing 44 DECLARATION of Gloria G. Medel, Esq. re Order to Show Cause, #36 filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 43 DECLARATION of Gloria G. Medel, Esq. In Support of Ex Parte Application For Continuation Of Motion For Civil Contempt EX PARTE APPLICATION to Continue Plaintiff's Motion for Contempt from June 12, 2017 to June 26, 2017 Re: NOTICE OF MOTION AND MOTION for Contempt against Defendants NEAL IVAN LEE and YOUNG SCHOLARS INSTITUTE #26 #37 filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 42 STIPULATION to Set Aside Default as to Defendants NEAL IVAN LEE and YOUNG SCHOLARS INSTITUTE filed by Plaintiff Livewirecyber, Inc.. (Attachments: #1 Proposed Order)(Larson, John) |
| Filing 41 NOTICE of Entry of, re: Order,,, Set/Reset Motion Hearing and R&R Deadlines,, #40 , filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
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Filing 40
AMENDED ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE THE HEARING DATE ON THE MOTION FOR CONTEMPT by Judge Andre Birotte Jr.: It is hereby ORDERED that Plaintiff's Application to Continue the hearing date on Plaintiff's Motion for Contempt and the Order to Show Cause #37 is GRANTED. The hearing date on the Motion #26 shall be continued to 7/10/2017 at 10:00 AM before Judge Andre Birotte Jr. Plaintiff shall submit supplemental briefing in support of the Motion, if any, by 6/19/2017 at 5:00 PM. Defendants shall file responsive pleadings by 6/26/2017 at 5:00 PM. The Court's prior order, Docket Number #39 , is hereby stricken. Plaintiff's counsel shall serve a copy of this order on the Defendants. (gk)
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Filing 39
* STRICKEN * ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE THE HEARING DATE ON THE MOTION FOR CONTEMPT by Judge Andre Birotte Jr.: It is hereby ORDERED that Plaintiff's Application to Continue the hearing date on Plaintiff's Motion for Contempt and the Order to Show Cause #37 is GRANTED. The hearing date on the Motion #26 shall be continued to 7/10/2017 at 10:00 AM before Judge Andre Birotte Jr. Plaintiff shall submit supplemental briefing in support of the Motion, if any, by 7/19/2017 at 5:00 PM. Defendants shall file responsive pleadings by 7/26/2017 at 5:00 PM. (gk) ** DOCUMENT STRICKEN PURSUANT TO THE ORDER OF 6/8/2017 #40 ** Modified on 6/8/2017 (gk).
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| Filing 38 STIPULATION to Continue Plaintiff's Motion for Contempt from June 12, 2017 to June 26, 2017 Re: EX PARTE APPLICATION to Continue Plaintiff's Motion for Contempt from June 12, 2017 to June 26, 2017 Re: NOTICE OF MOTION AND MOTION for Contempt against Defendants NEAL IVAN LEE and YOUNG SCHOLARS INSTITUTE #26 #37 filed by Plaintiff Livewirecyber, Inc..(Larson, John) |
| Filing 37 EX PARTE APPLICATION to Continue Plaintiff's Motion for Contempt from June 12, 2017 to June 26, 2017 Re: NOTICE OF MOTION AND MOTION for Contempt against Defendants NEAL IVAN LEE and YOUNG SCHOLARS INSTITUTE #26 filed by Plaintiff Livewirecyber, Inc.. (Attachments: #1 Declaration, #2 Proposed Order) (Larson, John) |
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Filing 36
ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Andre Birotte Jr. The Court, on its own motion, orders Plaintiff(s) to show cause, in writing, on or before June 14, 2017, why this action should not be dismissed for lack of prosecution. See document for details. (smo)
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| Filing 35 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Declaration filed 5/31/2017 #33 . The document is stricken. (gk) |
| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration of Gloria G. Medel, Esq. in Support of Continuation of Motion for Civil Contempt filed 5/26/2017 #33 . The following error(s) was found: Local Rule 7-19.1 Notice to other parties of Ex Parte Application lacking. Briefing was due on 5/26/2017. Instead, plaintiff submits the above declaration for a continuation. No proposed order submitted herewith. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 33 * STRICKEN * DECLARATION of Decl of Gloria Medel, Esq. in Support of Cont of Motion re Minutes of In Chambers Order/Directive - no proceeding held,,,,,, Set/Reset Motion Hearing and R&R Deadlines,,,,, #32 filed by Plaintiff Livewirecyber, Inc.. (Larson, John) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 5/31/2017 #35 ** Modified on 5/31/2017 (gk). |
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Filing 32
MINUTES (IN CHAMBERS) Order to Show Cause Why Defendants Should Not Be Held in Contempt for Violating the Preliminary Injunction by Judge Andre Birotte Jr.: On April 11, 2017, Plaintiff filed a motion for contempt against Defendants Neal Ivan Lee and Young Scholars Institute for alleged violations of the preliminary injunction issued in this case #26 . On 5/15/2017, with counsel for both parties present, the Court held a hearing on the matter. At the hearing and in their written objection, Defendants indicated they would move to set aside default judgment on the ground that Plaintiff had not served them with the First Amended Complaint ("FAC"). The Court noted that a proof of service of the FAC had been filed, and that Defendants had offered no other basis to set aside default judgment. Therefore, in accordance with what was stated at the hearing, the Court issues an order to show cause ("OSC") why Defendants should not be held in contempt for violating the preliminary injunction. The Court will hear the matter on, and the motion is continued to, 6/12/2017 at 11:00 AM before Judge Andre Birotte Jr. Any additional briefing by Plaintiff, including the relief it seeks, shall be filed by 5/26/2017 at 12:00 PM. Defendants shall file any written response by 6/2/2017 at 5:00 PM. Court Reporter: N/A. (gk)
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| Filing 31 MINUTES OF STATUS CONFERENCE RE: PLAINTIFF'S MOTION FOR CIVIL CONTEMPT SANCTIONS AND FOR FURTHER ORDER TO ENFORCE THE PRELIMINARY INJUNCTION #26 held before Judge Andre Birotte Jr: Case called and counsel state their appearances. For the reasons stated on the record, the Court sets an Order to Show Cause hearing why Defendant should not be held in contempt for Monday, June 12, 2017 at 11:00 a.m. Court Reporter: Chia Mei Jui. (clee) |
| Filing 30 NOTICE OBJECTION TO PROCEEDINGS filed by DEFENDANTS Neal Ivan Lee, Young Scholars Institute LLC. (Baghdassarian, Alec) |
| Filing 29 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Contempt against Defendants NEAL IVAN LEE and YOUNG SCHOLARS INSTITUTE #26 filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 28 NOTICE of Entry of Default filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 27 DEFAULT SET ASIDE, see document no. #45 - DEFAULT BY CLERK F.R.Civ.P.55(a) as to Neal Ivan Lee on the First Amended Complaint. (gk) Modified on 6/15/2017 (lom). |
| Filing 26 NOTICE OF MOTION AND MOTION for Contempt against Defendants NEAL IVAN LEE and YOUNG SCHOLARS INSTITUTE filed by Plaintiff Livewirecyber, Inc.. Motion set for hearing on 5/15/2017 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration, #2 Declaration) (Larson, John) |
| Filing 25 REQUEST for Entry of Default against Defendant Neal Ivan Lee filed by Plaintiff Livewirecyber, Inc.. (Attachments: #1 Declaration) (Larson, John) |
| Filing 24 NOTICE OF DEFICIENCY Re: Request to Enter Default against Defendant Neal Ivan Lee #23 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. The proof of service as to the original Complaint does not indicate the statute under which service was made. A First Amended Complaint merely reflects mail service. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (gk) |
| Filing 23 REQUEST for Entry of Default against Defendant Neal Ivan Lee filed by Plaintiff Livewirecyber, Inc.. (Attachments: #1 Declaration) (Larson, John) |
| Filing 22 DEFAULT SET ASIDE, see document no. #45 - DEFAULT BY CLERK F.R.Civ.P.55(a) as to Young Scholars Institute LLC, on the First Amended Complaint. (gk) Modified on 6/15/2017 (lom). |
| Filing 21 NOTICE OF DEFICIENCY Re: Request to Enter Default against Defendant Neal Ivan Lee #20 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. The proof of service as to the summons and complaint does not indicate the statute under which service was made. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (gk) |
| Filing 20 REQUEST for Entry of Default against Defendants All Plaintiffs filed by Plaintiff Livewirecyber, Inc.. (Attachments: #1 Declaration Declaration Of Gloria G. Medel, Esq. In Support Of Request To Enter Default) (Larson, John) |
| Filing 19 NOTICE OF RULING ON THE COURTS ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
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Filing 18
MINUTE ORDER [In Chambers] Order GRANTING Preliminary Injunction by Judge Andre Birotte Jr. Defendants failed to appear at the hearing or otherwise oppose Plaintiff's application or respond to the TRO. The Court deems this silence consent to extending the terms of the TRO to a preliminary injunction. (lom)
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| Filing 16 FIRST AMENDED COMPLAINT against Defendants, NEAL IVAN LEE and YOUNG SCHOLARS INSTITUTE LLC All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Livewirecyber, Inc.(Larson, John) |
| Filing 17 MINUTES OF ORDER TO SHOW CAUSE HEARING RE PRELIMINARY INJUNCTIVE RELIEF FOR TEMPORARY RESTRAINING ORDER Hearing held before Judge Andre Birotte Jr.: No Appearance made on behalf of defendant. The Court and counsel confer. For the reasons stated on the record, the Court extends the Temporary Restraining Order. Scheduling Conference Order to issue. Court Reporter: Alex Joko. (gk) |
| Filing 15 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Livewirecyber, Inc., upon Defendant Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Larson, John) |
| Filing 14 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Livewirecyber, Inc., upon Defendant Young Scholars Institute LLC served on 2/15/2017, answer due 3/8/2017. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Larson, John) |
| Filing 13 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Livewirecyber, Inc., upon Defendant Neal Ivan Lee served on 2/15/2017, answer due 3/8/2017. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Larson, John) |
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Filing 12
MINUTES (IN CHAMBERS) Order Extending Time to Personally Serve Defendants by Judge Andre Birotte Jr.: The Court is in receipt of a declaration from Plaintiffs counsel regarding Plaintiffs inability to personally serve Defendants with documents pertinent to this case #11 . Considering Plaintiffs demonstrated efforts to effect service, the Court GRANTS Plaintiffs request for additional time, extending the deadline to serve Defendants to 2/15/2017 at 5:00 PM. In accordance with this order, the Court revises the original briefing schedule as follows: Plaintiff shall file any supplemental brief in support its motion for preliminary injunction by 2/13/2017 at 9:00 PM. Defendants shall file their opposition 2/16/2017 at 9:00 PM. Plaintiff shall file its reply by 2/17/2017 at 5:00 PM. Defendants shall appear on 2/21/2017 10:00 AM before Judge Andre Birotte Jr. to show cause why the preliminary injunctive relief sough in the Ex Parte Application for Temporary Restraining Order should not be granted. Court Reporter: N/A. (gk)
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| Filing 11 DECLARATION of Gloria G. Medel, Esq. DECLARATION OF GLORIA G. MEDEL, ESQ. RE SERVICE OF COURTS RULING ON EX PARTE APPLICATION EX PARTE APPLICATION for Temporary Restraining Order as to TEMPORARY RESTRAINING ORDER AND FOR ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE PRELIMINARILY ENJOINED FROM DESTROYING EVIDENCE #8 filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
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Filing 10
MINUTES (IN CHAMBERS) Order GRANTING Application for a Temporary Restraining Order by Judge Andre Birotte Jr.: The Court hereby GRANTS Plaintiff HS2 Academy's ("HS2") Ex Parte Application for a Temporary Restraining Order and for an Order to Show Cause Why Defendants Should Not Be Preliminarily Enjoined #8 . IT IS HEREBY ORDERED that Defendants Young Scholars Institute LLC ("YSI") and Neal Ivan Lee are ENJOINED AND RESTRAINED re HS2's website, computer systems and e-mail communications, etc. Plaintiff's counsel shall serve a copy of this Order and a copy of the Complaint on Defendants by 2/13/2017 at 10:00 AM. Plaintiff shall file any supplemental brief in support of their motion for preliminary injunction by 2/13/2017 at 9:00 PM. Defendants shall file their opposition by 2/14/2017 at 5:00 PM. Plaintiffs shall file their reply by 2/15/2017 at 12:00 PM. Defendants shall appear on 2/16/2017 at 10:00 AM to show cause why the preliminary injunctive relief sought in the Ex Parte Application for Temporary Restraining Order should not be granted. See document for further details. Court Reporter: N/A. (gk)
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| Filing 9 NOTICE filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
| Filing 8 EX PARTE APPLICATION for Temporary Restraining Order as to TEMPORARY RESTRAINING ORDER AND FOR ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE PRELIMINARILY ENJOINED FROM DESTROYING EVIDENCE filed by Plaintiff Livewirecyber, Inc.. (Attachments: #1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS EX PARTE, #2 Declaration DECLARATION OF SAM KARTADINATA IN SUPPORT OF EX PARTE APPLICATION, #3 Declaration DECLARATION OF GLORIA G. MEDEL, ESQ. IN SUPPORT OF EX PARTE APPLICATION, #4 Proposed Order) (Larson, John) |
| Filing 7 21-Day Summons Issued re Complaint #1 as to Defendants Neal Ivan Lee, Young Scholars Institute LLC. (gk) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Livewirecyber, Inc.. (Larson, John) |
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Filing 5
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S REQUEST FOR A TEMPORARY RESTRAINING ORDER by Judge Andre Birotte Jr: The Court is in receipt of Plaintiff Livewirecyber, Inc., dba HS2 Academys (HS2 Academy) Complaint for Damages and Injunctive Relief. (Dkt. No. #1 .) In this Complaint, Plaintiff seeks a temporary restraining order (TRO), to be issued without notice to the opposing parties. Plaintiffs request does not comport with Rule 65(b). The Complaint is not verified, and no affidavits in support of a TRO have been filed. No attorney has certified the reasons why notice should not be required. Moreover, Plaintiffs conclusory allegations do not establish the requisite elements of preliminary relief, nor do they demonstrate the clear showing required when seeking a TRO. (See Compl. 72-75.) The Court will not issue a TRO on this record. Should Plaintiff continue to seek this relief, Plaintiff is directed to file an ex parte application, with supporting affidavits, sufficiently briefing the relevant legal issues and relief sought. It shall also file a proposed order in accordance with Local Rule 7-20. IT IS SO ORDERED. SEE ORDER FOR DETAILS. (clee)
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| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Alka Sagar. (car) |
| Filing 2 CERTIFICATE of Interested Parties filed by Plaintiff All Plaintiffs, (Larson, John) |
| Filing 1 COMPLAINT Receipt No: 0973-19257533 - Fee: $400, filed by Plaintiff LIVEWIRECYBER, INC., dba, as HS2 Academy. (Attachments: #1 Civil Cover Sheet) (Attorney John Bradley Larson added to party LIVEWIRECYBER, INC., dba, as HS2 Academy (pty:pla))(Larson, John) |
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