Golden Sun Energy Company, LLC et al v. Jery Barton et al
| William Maynard, Panorama Energy Holdings, LLC, Panorama Energy Financial LLC and Golden Sun Energy Company, LLC |
| Paulette Palmer, Roy Gillar, Union Building Ops, Jery Barton, The Barton Law Firm, LPA, Alice Crossland, SSC North America, BBRC Midwest LLC, Soleil Capitale Corporation, Does 1 through 20, inclusive and All Bloom Trading Limited |
| 2:2017cv06374 |
| August 29, 2017 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Frederick F Mumm |
| Christina A Snyder |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
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Filing 94
MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFFS' MOTION FOR RECONSIDERATION AND CLARIFICATION OF COURT'S ORDER DISMISSING ACTION WITHOUT PREJUDICE AND DENYING APPLICATION FOR DEFAULT JUDGMENT #91 by Judge Michael W. Fitzgerald. The Motion is GRANTED only insofar as the Court hereby clarifies that the dismissal of this action was without prejudice to Plaintiffs' pursuing their state law claims in any court of competent jurisdiction. The Motion is otherwise DENIED. (iv)
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| Filing 93 DECLARATION of Service of NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Default Judgment, #90 #91 filed by Plaintiff Golden Sun Energy Company, LLC. (Merrill, Lisbeth) |
| Filing 92 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Reconsideration #91 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders. 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. (iv) |
| Filing 91 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Default Judgment, #90 filed by Plaintiffs Golden Sun Energy Company, LLC, William Maynard, Panorama Energy Financial LLC, Panorama Energy Holdings, LLC. Motion set for hearing on 6/4/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration William Maynard) (Merrill, Lisbeth) |
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Filing 90
MINUTE ORDER (IN CHAMBERS) by Judge Michael W. Fitzgerald: For the reasons stated herein, this case is dismissed without prejudice to plaintiffs pursuing their state law claims in state court. In light of this dismissal, plaintiffs' Application for Default Judgment #76 is DENIED. SO ORDERED. (Case Terminated. Made JS-6.) (cw)
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| Filing 89 DECLARATION of Service re APPLICATION for Default Judgment Jery Barton, Barton Law Firm, BBRC and Union Building Ops #76 filed by Plaintiff Golden Sun Energy Company, LLC. (Merrill, Lisbeth) |
| Filing 88 NOTICE OF ERRATA filed by Plaintiff Golden Sun Energy Company, LLC. correcting APPLICATION for Default Judgment Jery Barton, Barton Law Firm, BBRC and Union Building Ops #76 (Attachments: #1 Exhibit 28-1)(Merrill, Lisbeth) |
| Filing 87 REQUEST FOR JUDICIAL NOTICE re APPLICATION for Default Judgment Jery Barton, Barton Law Firm, BBRC and Union Building Ops #76 filed by Plaintiff Golden Sun Energy Company, LLC. (Attachments: #1 Declaration of Merrill, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Merrill, Lisbeth) |
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Filing 86
ORDER DISMISSING SOLEIL CAPITALE CORPORATION #85 by Judge Michael W. Fitzgerald. IT IS SO ORDERED that SOLEIL CAPITALE CORPORATION is hereby dismissed from this action without prejudice and that each of the parties are to bear their own costs. (iv)
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| Filing 85 STIPULATION to Dismiss Defendant Soleil Capitale Corporation filed by Plaintiff Golden Sun Energy Company, LLC. (Attachments: #1 Proposed Order)(Merrill, Lisbeth) |
| Filing 84 Certificate of Interested Parties filed by Alice C Longoria erroneously sued as Alice Crossland CERTIFICATE of Interested Parties filed by Defendant Alice Crossland, (Attorney Andrew P Altholz added to party Alice Crossland(pty:dft))(Altholz, Andrew) |
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Filing 83
ORDER CONTINUING DEFAULT HEARING FOR DEFAULT JUDGMENT AGAINST JERY BARTON, THE BARTON LAW FIRM, LPA, BBRC MIDWEST LLC and UNION BUILDING OPS TO MAY 21, 2018 #82 by Judge Michael W. Fitzgerald. The hearing on Plaintiffs Application for Default Judgment by Court is hereby continued to May 21, 2018 at 10:00 am. (iv)
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| Filing 82 REQUEST to Continue Application for Entry of Default Judgment from May 7, 2018 to May 21, 2018 Re: APPLICATION for Default Judgment Jery Barton, Barton Law Firm, BBRC and Union Building Ops #76 filed by Plaintiff Golden Sun Energy Company, LLC. Request set for hearing on 5/21/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Merrill, Lisbeth) |
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Filing 81
ORDER ON STIPULATION FOR AN ORDER TO SET ASIDE THE MARCH 5, 2018 DEFAULT BY CLERK OF ALICE CARMEN LONGORIA SUED HEREIN AS ALICE CROSSLAND #78 by Judge Michael W. Fitzgerald. The March 5, 2018 Default by Clerk #65 is set aside. Counsel for Ms. Longoria shall accept service of process. Said Defendant shall have 20 days from entry of an Order approving the Stipulation, to respond to Plaintiff(s) complaint. (iv)
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Filing 80
ORDER DISMISSING SSC NORTH AMERICA #77 by Judge Michael W. Fitzgerald. Pursuant to stipulation and good cause showing, the Default entered against SSC North America is hereby overturned and SSC North America is dismissed from this action without prejudice. (iv)
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| Filing 79 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Application for Default Judgment #76 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders. 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. (iv) |
| Filing 78 STIPULATION to Vacate APPLICATION for Clerk to Enter Default against Defendant Alice Crossland #64 filed by Plaintiffs Golden Sun Energy Company, LLC, William Maynard, Panorama Energy Financial LLC, Panorama Energy Holdings, LLC. (Attachments: #1 Proposed Order)(Merrill, Lisbeth) |
| Filing 77 STIPULATION to Withdraw Motion APPLICATION for Clerk to Enter Default against Defendant SSC North America #50 filed by Plaintiffs Golden Sun Energy Company, LLC, William Maynard, Panorama Energy Financial LLC, Panorama Energy Holdings, LLC. (Attachments: #1 Proposed Order)(Merrill, Lisbeth) |
| Filing 76 APPLICATION for Default Judgment Jery Barton, Barton Law Firm, BBRC and Union Building Ops filed by Plaintiffs Golden Sun Energy Company, LLC, William Maynard, Panorama Energy Financial LLC, Panorama Energy Holdings, LLC. Application set for hearing on 5/7/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Sabrina Green, #2 Declaration of William Maynard, #3 Declaration of Lisbeth Merrill, #4 Declaration of Manuela DeSousa, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28) (Merrill, Lisbeth) |
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Filing 74
MINUTES (IN CHAMBERS) ORDER RE: MOTION TO DISMISS COMPLAINT AS AGAINST SOLEIL CAPITALE CORPORATION #20 by Judge Michael W. Fitzgerald. The Motion is GRANTED with leave to amend as to Plaintiffs' RICO claim. It is not a close issue at all whether all of the RICO elements have been sufficiently pled. Alternatively, should Plaintiffs decide they do not wish to pursue the RICO claim, they may, by no later than April 16, 2018, request dismissal of this action without prejudice to pursuing their state claims in Superior Court. If Plaintiffs fail to take one of these actions by that date, the case will be dismissed for failure to prosecute. (iv)
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| Filing 75 MINUTES OF DEFENDANT'S MOTION TO DISMISS CASE #20 AND OSC RE DEFAULT JUDGMENT #42 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. The Court continues the OSC re default judgment to April 9, 2018 at 11:30 a.m. Court Reporter: Amy Diaz. (iv) |
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Filing 73
ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney David C. Van Leeuwen to Appear Pro Hac Vice on behalf of Defendant Soleil Capitale Corporation, designating Alana Yakovlev as local counsel #72 . (iv)
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| Filing 72 Corrected APPLICATION of Non-Resident Attorney David C. Van Leeuwen to Appear Pro Hac Vice on behalf of Defendant Soleil Capitale Corporation (Pro Hac Vice Fee - $325 Previously Paid on 2/15/2018, Receipt No. 267QMRO3) filed by defendant Soleil Capitale Corporation. (Attachments: #1 Proposed Order, #2 Exhibit Good Standing- Appellate, #3 Exhibit Good Standing- New York, #4 Exhibit Good Standing- DC) (Yakovlev, Alana) |
| Filing 71 NOTICE of Eratta filed by defendant Soleil Capitale Corporation. (Yakovlev, Alana) |
| Filing 70 APPLICATION of Non-Resident Attorney David C. Van Leeuwen to Appear Pro Hac Vice on behalf of Defendant Soleil Capitale Corporation (Pro Hac Vice Fee - $325 Previously Paid on 2/15/2018, Receipt No. 267QMRO3) filed by Applicant Soleil Capitale Corporation. (Attachments: #1 Exhibit D.C. Bar Good Standing, #2 Exhibit New York Good Standing, #3 Exhibit NY Appellate Division Good Standing) (Yakovlev, Alana) |
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Filing 69
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE DEFAULT JUDGMENT by Judge Michael W. Fitzgerald. In light of the Default By Clerk as to Alice Crossland #65 entered on March 5, 2018, the Court sets a hearing for Order To Show Cause Re Default Judgment for April 9, 2018 at 11:30 a.m. If a Motion for Default Judgment is filed prior to this hearing, the hearing on the Order To Show Cause will be discharged, and no appearance will be necessary. (iv)
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| Filing 68 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Corrected APPLICATION to Appear Pro Hac Vice #66 by Judge Michael W. Fitzgerald. The document is stricken and counsel is ordered to file an amended or corrected document by 3/16/2018. (iv) |
| Filing 67 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Corrected APPLICATION of Non-Resident Attorney David C. Van Leeuwen to Appear Pro Hac Vice on behalf of Defendant Soleil Capitale Corporation (Pro Hac Vice Fee - $325 Previously Paid on 2/15/2018, Receipt No. 267QMRO3) #66 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lt) |
| Filing 66 ***STRICKEN*** Corrected APPLICATION of Non-Resident Attorney David C. Van Leeuwen to Appear Pro Hac Vice on behalf of Defendant Soleil Capitale Corporation (Pro Hac Vice Fee - $325 Previously Paid on 2/15/2018, Receipt No. 267QMRO3) filed by Applicant Soleil Capitale Corporation. (Attachments: #1 Exhibit DC Bar: Cert. of Good Standing, #2 Exhibit NY Var: Cert. of Good Standing, #3 Proposed Order Pro Hac Vice) (Yakovlev, Alana) Modified on 3/6/2018 #68 (iv). |
| Filing 65 ***SET ASIDE*** DEFAULT BY CLERK F.R.Civ.P.55(a) as to Alice Crossland. (iv) Modified on 4/10/2018 #81 (iv). |
| Filing 64 APPLICATION for Clerk to Enter Default against Defendant Alice Crossland filed by Plaintiff Golden Sun Energy Company, LLC. Application set for hearing on 4/23/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Merrill, #2 Exhibit 1, #3 Exhibit 2) (Merrill, Lisbeth) |
| Filing 63 REPLY Reply in Support of Motion to Dismiss Case #20 filed by Defendant Soleil Capitale Corporation. (Yakovlev, Alana) |
| Filing 62 Opposition re: to Dismiss Case #20 filed by Plaintiff Golden Sun Energy Company, LLC. (Merrill, Lisbeth) |
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Filing 61
ORDER EXTENDING DEADLINE TO FILE AMENDED PRO HAC VICE APPLICATION by Judge Michael W. Fitzgerald: The Court hereby extends the deadline to file an Amended Pro Hac Vice Application by attorney David C. Van Leeuwen to March 16, 2018. The Court further notes that the request for an extension was submitted via correspondence to the Court, which is not permitted (Local Rule 83-2.5). Counsel must be familiar with, and shall comply with all Local Rules and this Court's Procedures and Schedules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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| Filing 60 Correspondence to Court requesting adjournment of deadline to file amended or corrected Pro Hac Vice Application filed by Defendant Soleil Capitale Corporation re: Response By Court to Notice of Deficiencies (G-112B) - optional html form, #57 , APPLICATION of Non-Resident Attorney DAVID C. VAN LEEUWEN to Appear Pro Hac Vice on behalf of Defendant Soleil Capitale Corporation (Pro Hac Vice Fee - $325 Previously Paid on 2/15/2018, Receipt No. 267QMRO3) #55 , Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form,, #56 (Attachments: #1 Exhibit Correspondence to Court requesting adjournment of deadline to file amended or corrected Pro Hac Vice Application)(Yakovlev, Alana) |
| Filing 59 DEFAULT BY CLERK F.R.Civ.P.55(a) as to The Barton Law Firm, LPA. (iv) |
| Filing 58 DEFAULT BY CLERK F.R.Civ.P.55(a) as to SSC North America. (iv) |
| Filing 57 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION to Appear Pro Hac Vice #55 by Judge Michael W. Fitzgerald. The document is stricken and counsel is ordered to file an amended or corrected document by 3/2/2018. (iv) |
| Filing 56 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney DAVID C. VAN LEEUWEN to Appear Pro Hac Vice on behalf of Defendant Soleil Capitale Corporation (Pro Hac Vice Fee - $325 Previously Paid on 2/15/2018, Receipt No. 267QMRO3) #55 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Name is inconsistent with DC bar. Application lists last name as VAN LEEUWEN DC has last name as VAN LEEOWEN. (lt) |
| Filing 55 ***STRICKEN*** APPLICATION of Non-Resident Attorney DAVID C. VAN LEEUWEN to Appear Pro Hac Vice on behalf of Defendant Soleil Capitale Corporation (Pro Hac Vice Fee - $325 Previously Paid on 2/15/2018, Receipt No. 267QMRO3) filed by defendant Soleil Capitale Corporation. (Attachments: #1 Proposed Order NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE, #2 Exhibit Certificate of Admission-New York, #3 Exhibit Certificate of Admission-DC) (Yakovlev, Alana) Modified on 2/21/2018 #57 (iv). |
| Filing 54 NOTICE OF DISMISSAL filed by Plaintiff Golden Sun Energy Company, LLC pursuant to FRCP 41a(1) as to All Bloom Trading Limited. (Lazo, Marc) |
| Filing 53 NOTICE OF DISMISSAL filed by Plaintiff Golden Sun Energy Company, LLC pursuant to FRCP 41a(1) as to Roy Gillar. (Lazo, Marc) |
| Filing 52 PROOF OF SERVICE Executed by Plaintiff Golden Sun Energy Company, LLC, upon Defendant Soleil Capitale Corporation served on 11/14/2017, answer due 12/5/2017. Service of the Summons and Complaint were executed upon Soleil Capitale Corporation in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Lazo, Marc) |
| Filing 51 Second APPLICATION for Clerk to Enter Default against Defendant The Barton Law Firm, LPA filed by Plaintiff Golden Sun Energy Company, LLC. Application set for hearing on 4/9/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Merrill, #2 Exhibit 1, #3 Exhibit 2) (Lazo, Marc) |
| Filing 50 APPLICATION for Clerk to Enter Default against Defendant SSC North America filed by Plaintiff Golden Sun Energy Company, LLC. Application set for hearing on 4/9/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Civil Cover Sheet of Merrill, #2 Exhibit 1, #3 Exhibit 2) (Lazo, Marc) |
| Filing 49 PROOF OF SERVICE Executed by Plaintiff Golden Sun Energy Company, LLC, upon Defendant The Barton Law Firm, LPA served on 11/21/2017, answer due 1/2/2018. Service of the Summons and Complaint were executed upon The Barton Law Firm, LPA in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Lazo, Marc) |
| Filing 48 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION to Appear Pro Hac Vice #46 by Judge Michael W. Fitzgerald. The document is stricken and counsel is ordered to file an amended or corrected document by 2/26/2018. Counsel shall also comply with the Local Rules and Judge Fitzgerald's Procedures and Schedules, particularly regarding submission of proposed Orders and mandatory chambers copies. (iv) |
| Filing 47 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: First APPLICATION of Non-Resident Attorney David C. Van Leeuwen to Appear Pro Hac Vice on behalf of Defendant Soleil Capitale Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21271810) #46 . The following error(s) was/were found: Hearing date set, but no hearing required. Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lt) |
| Filing 46 ***STRICKEN***First APPLICATION of Non-Resident Attorney David C. Van Leeuwen to Appear Pro Hac Vice on behalf of Defendant Soleil Capitale Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21271810) filed by Defendant Soleil Capitale Corporation. Application set for hearing on 3/19/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Yakovlev, Alana) Modified on 2/20/2018 per #48 (iv). |
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Filing 45
ORDER GRANTING STIPULATION TO CONTINUE SOLEIL CAPITALE CORPORATIONS MOTION TO DISMISS #43 by Judge Michael W. Fitzgerald. The Court having reviewed the Stipulation, IT IS HEREBY ORDERED THAT: Defendant Soleil Capitale Corporation's Motion To Dismiss and the Barton Default Hearing are continued to March 19, 2018, at 10:00 am. (iv)
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| Filing 44 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Continue #43 . The following error(s) was/were found: Case number is incorrect or missing. Case number should read: 2:17-cv-06374-MWF (FFMx). 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. (iv) |
| Filing 43 STIPULATION to Continue Motion to Dismiss and Default Hearing from February 26, 2018 and March 5, 2018 to March 19, 2018 Re: First NOTICE OF MOTION AND MOTION to Dismiss Case #20 , REQUEST for Clerk to Enter Default against Default Jery Barton #32 filed by Plaintiff Golden Sun Energy Company, LLC. (Attachments: #1 Proposed Order)(Merrill, Lisbeth) |
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Filing 42
ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald: A Show Cause re Default Judgment Hearing is set for 3/5/2018 at 11:30 AM before Judge Michael W. Fitzgerald. If a Motion for Default Judgment is filed prior to this hearing, the hearing will be vacated, and the Order To Show Cause discharged. *Any motion for default judgment must comply with the Court's Procedures and Schedules.* See http://www.cacd.uscourts.gov/honorable-michael-w-fitzgerald. SO ORDERED. (cw)
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| Filing 41 DEFAULT BY CLERK F.R.Civ.P.55(a) as to BBRC Midwest LLC. (jp) |
| Filing 40 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Union Building Ops. (jp) |
| Filing 39 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant The Barton Law Firm, LPA #33 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information: Missing a name of the person, Receptionists and also no description indicate who was left documents for the named defendant above. Name and description must include: sex, ethic origin, height, weight, color hair and ages or person being served. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (jp) |
| Filing 38 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Jery Barton. (jp) |
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Filing 37
MINUTES (IN CHAMBERS) THIRD ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Michael W. Fitzgerald. Plaintiffs are ordered to show cause, in writing, no later than February 12, 2018 why this action should not be dismissed for lack of prosecution as to the unserved Defendants and all Defendants for whom there is neither a response or a an application for entry of default. The Court will not issue another Order to Show Cause as a reminder to Plaintiffs to prosecute this case. Failure to properly respond to this Order to Show Cause will result in the dismissal of this action as to any unserved Defendants, and any served Defendants who have not responded to the Complaint and/or for whom Plaintiffs have not applied for default. (iv)
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| Filing 36 NOTICE OF DISMISSAL filed by Plaintiff Golden Sun Energy Company, LLC pursuant to FRCP 41a(1) as to Paulette Palmer. (Merrill, Lisbeth) |
| Filing 35 REQUEST for Clerk to Enter Default against Defendant BBRC Midwest LLC filed by Plaintiff Golden Sun Energy Company, LLC. Request set for hearing on 3/5/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Merrill, #2 Exhibit 1, #3 Exhibit 2) (Merrill, Lisbeth) |
| Filing 34 REQUEST for Clerk to Enter Default against Defendant Union Building Ops filed by Plaintiff Golden Sun Energy Company, LLC. Request set for hearing on 3/5/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Merrill, #2 Exhibit 1, #3 Exhibit 2) (Merrill, Lisbeth) |
| Filing 33 REQUEST for Clerk to Enter Default against Defendant The Barton Law Firm, LPA filed by Plaintiff Golden Sun Energy Company, LLC. Request set for hearing on 3/5/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Merrill, #2 Exhibit 1, #3 Exhibit 2) (Merrill, Lisbeth) |
| Filing 32 REQUEST for Clerk to Enter Default against Default Jery Barton filed by Plaintiff Golden Sun Energy Company, LLC. Request set for hearing on 3/5/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Merrill, #2 Exhibit 1, #3 Exhibit 2) (Merrill, Lisbeth) |
| Filing 31 PROOF OF SERVICE Executed by Plaintiff Golden Sun Energy Company, LLC, upon Defendant Alice Crossland served on 1/12/2018, answer due 2/2/2018. Service of the Summons and Complaint were executed upon Alice Crossland in compliance with California Code of Civil Procedure by substituted service by mail and by also mailing a copy.Original Summons returned. (Merrill, Lisbeth) |
| Filing 30 PROOF OF SERVICE Executed by Plaintiff William Maynard, upon Defendant Union Building Ops served on 12/8/2017, answer due 12/29/2017. Service of the Summons and Complaint were executed upon Union Building Ops in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Merrill, Lisbeth) |
| Filing 29 PROOF OF SERVICE Executed by Plaintiff William Maynard, upon Defendant The Barton Law Firm, LPA served on 12/11/2017, answer due 1/2/2018. Service of the Summons and Complaint were executed upon The Barton Law Firm, LPA in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Merrill, Lisbeth) |
| Filing 28 PROOF OF SERVICE Executed by Plaintiff William Maynard, upon Defendant Jery Barton served on 12/11/2017, answer due 1/2/2018. Service of the Summons and Complaint were executed upon Jery Barton in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Merrill, Lisbeth) |
| Filing 27 PROOF OF SERVICE Executed by Plaintiff William Maynard, upon Defendant BBRC Midwest LLC served on 12/7/2017, answer due 12/28/2017. Service of the Summons and Complaint were executed upon BBRC Midwest LLC in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Merrill, Lisbeth) |
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Filing 26
MINUTE ORDER IN CHAMBERS re ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Michael W. Fitzgerald: Plaintiff is ordered to show cause, in writing, no later than January 26, 2018 why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following on or before the above date as an appropriate response to this Order to Show Cause: (see document for further details) (bm)
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Filing 25
ORDER DISCHARGING ORDER TO SHOW CAUSE filed 11/27/2017 ("OSC") #16 by Judge Michael W. Fitzgerald: The Court has reviewed Plaintiffs' Response to OSC filed 12/08/2017 #23 . The Court accepts the Response and DISCHARGES the OSC. However, the Court ORDERS Plaintiff to forthwith properly electronically file each Proof of Service attached to Docket No. 23. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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| Filing 24 PROOF OF SERVICE Executed by Plaintiff Golden Sun Energy Company, LLC, upon Defendant SSC North America served on 12/6/2017, answer due 12/27/2017. Service of the Summons and Complaint were executed upon Jarod Shelby, agent for service of process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Merrill, Lisbeth) |
| Filing 23 RESPONSE filed by Plaintiff Golden Sun Energy Company, LLCto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #16 (Attachments: #1 Declaration of Lisbeth Bosshart Merrill, #2 Exhibit 1-9)(Merrill, Lisbeth) |
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Filing 22
ORDER by Judge Michael W. Fitzgerald: The Notice of Motion and Motion to Dismiss Case #19 is STRICKEN as incomplete; see Notice of Errata #21 . (cw)
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| Filing 21 NOTICE OF ERRATA filed by Defendant Soleil Capitale Corporation. correcting First NOTICE OF MOTION AND MOTION to Dismiss Case #19 (Yakovlev, Alana) |
| Filing 20 First NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Soleil Capitale Corporation. Motion set for hearing on 2/26/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Yakovlev, Alana) Modified on 2/6/2018 (cw). |
| Filing 19 **STRICKEN** First NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Soleil Capitale Corporation. Motion set for hearing on 2/26/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Jakovlevs, Alana) Modified on 12/6/2017 (cw). |
| Filing 18 NOTICE filed by Defendant Soleil Capitale Corporation. Rule 7.1 Statement (Jakovlevs, Alana) |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Alana Sabina Jakovlevs counsel for Defendant Soleil Capitale Corporation. Adding Alana Yakovlev as counsel of record for Soleil Capitale Corporation for the reason indicated in the G-123 Notice. Filed by Defendant SOLEIL CAPITALE CORPORATION. (Attorney Alana Sabina Jakovlevs added to party Soleil Capitale Corporation(pty:dft))(Jakovlevs, Alana) |
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Filing 16
MINUTE ORDER (IN CHAMBERS): ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Michael W. Fitzgerald. Plaintiff is ordered to show cause, in writing, no later than December 8, 2017 why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following on or before the above date as an appropriate response to this Order to Show Cause: Proof of service of summons and complaint; Answers by the defendants or applications for entry of default pursuant to Federal Rule of Civil Procedure 55(a). No oral argument on this matter will be heard unless otherwise ordered by the Court. (lom)
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| Filing 15 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendants Alice Crossland, Roy Gillar, Paulette Palmer, SSC North America, Union Building Ops. (jp) |
| Filing 14 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendants BBRC Midwest LLC, Jery Barton, Soleil Capitale Corporation, The Barton Law Firm, LPA. (jp) |
| Filing 13 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Golden Sun Energy Company, LLC. (Merrill, Lisbeth) |
| Filing 12 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Golden Sun Energy Company, LLC. (Merrill, Lisbeth) |
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Filing 11
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 16-05. Case randomly reassigned from Judge Christina A. Snyder to Judge Michael W. Fitzgerald for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:17-cv-06374 MWF(FFMx). (rn)
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| Filing 10 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #9 . The following error(s) was found: Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Golden Sun Energy Company, LLC. (Lazo, Marc) |
| Filing 8 NOTICE of Interested Parties filed by Plaintiff Golden Sun Energy Company, LLC, (Lazo, Marc) |
| Filing 7 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 name and address of the attorney for plaintiff(s)must be entered in the appropriate field. Remove "et al " from the Summons caption. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) |
| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Frederick F. Mumm. (ghap) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Golden Sun Energy Company, LLC. (Lazo, Marc) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Golden Sun Energy Company, LLC. (Lazo, Marc) |
| Filing 1 COMPLAINT Receipt No: 0973-20423686 - Fee: $400, filed by Plaintiff Golden Sun Energy Company, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N) (Attorney Marc Y Lazo added to party Golden Sun Energy Company, LLC(pty:pla))(Lazo, Marc) |
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