Barnabas Clothing, Inc. et al v. Kabbage, Inc. et al
Alexander Aquino and Barnabas Clothing, Inc. |
Kabbage, Inc., Celtic Bank Corporation and DOES 1-100 |
2:2018cv03414 |
April 24, 2018 |
US District Court for the Central District of California |
Philip S Gutierrez |
Suzanne H Segal |
Racketeer/Corrupt Organization |
28 U.S.C. § 1446 |
Plaintiff |
Docket Report
This docket was last retrieved on January 28, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 56 ORDER by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED THAT: 1. Courtney C. Booth is granted leave to withdraw as one of the attorneys for Plaintiffs, Barnabas Clothing, Inc., and Alexander Aquino. 2. The CM/ECF Department for the Central District of California is so ordered to remove Courtney C. Booth from its electronic case management system, and all counsel in these proceedings shall remove Courtney C. Booth from their service list. (bm) |
Filing 55 ORDER on JOINT STIPULATION OF DISMISSAL by Judge Philip S. Gutierrez, re Stipulation to Dismiss Case #54 : IT IS SO ORDERED. (bm) |
Filing 54 Joint STIPULATION to Dismiss Case pursuant to pursuant to FRCP 41(a)(1)(A)(ii) filed by Defendant Celtic Bank Corporation.(Simonsen, Ashley) |
Filing 53 NOTICE OF MOTION AND MOTION of Courtney C. Booth to Withdraw as Attorney filed by Former Attorney for Plaintiff Alexander Aquino(individually and on behalf of all others similarly situated), Barnabas Clothing, Inc.. Motion set for hearing on 2/4/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order) (Booth, Courtney) |
Filing 52 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Clerical Error (G-11) #51 . Incorrect document attached to document 51 Correct document attached hereto and will also will replace the incorrect attachment. (Attachments: #1 Clerical Error) (shb) |
Filing 51 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Striking Electronically Filed Documents (G-106), #50 . Docketed in this case erroneously and should have been docketed in case 18cv3413 PSG. (shb) |
Filing 50 Docketed in this case erroneously see document 51 Notice of Clerical Error. ORDER by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Objection #48 , for the following reasons: Pursuant to Local Rule 8-3, Extension of time under this rule does not apply to amended pleadings. Court approval necessary. Counsel shall refile accordingly if extension still desired. (shb) Modified on 11/27/2018 (shb). (Main Document 50 replaced on 11/27/2018) (shb). (Main Document 50 replaced on 11/27/2018) (shb). |
Filing 49 MINUTES (IN CHAMBERS) Order GRANTING Defendants' motion to stay proceedings in favor of arbitration by Judge Philip S. Gutierrez granting #19 MOTION to Stay Case: For the foregoing reasons, the Court GRANTS Defendants' motion to stay proceedings in favor of arbitration. This action is hereby STAYED "until such arbitration has been had in accordance with the terms of the agreement." 9 U.S.C. 3. The case is administratively closed and may be reopened upon application of any party. (see document for further details) (bm) |
Filing 48 OBJECTIONS to Request for Judicial Notice, #44 Defendants' Objection to Plaintiffs' Request for Judicial Notice filed by Defendant Celtic Bank Corporation. (Simonsen, Ashley) Modified on 11/27/2018 (shb). Modified on 11/27/2018 (shb). |
Filing 47 REPLY in Support of NOTICE OF MOTION AND MOTION to Stay Case pending arbitration Defendants Kabbage, Inc. and Celtic Bank Corporation's Motion to Stay Proceedings in Favor of Arbitration #19 filed by Defendant Celtic Bank Corporation. (Simonsen, Ashley) |
Filing 46 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #42 by Judge Philip S. Gutierrez: Granting Non-Resident Attorney Justin E. Proper APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs, Barnabas Clothing, Inc., Alexander Aquino, designating Adam M. Tamburelli as local counsel. (ab) |
Filing 45 ORDER by Judge Philip S. Gutierrez: granting #41 Non-Resident Attorney Shane R. Heskin APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Barnabas Clothing, Inc., Alexander Aquino, designating Adam M Tamburelli as local counsel. (bm) |
Filing 44 REQUEST FOR JUDICIAL NOTICE In Support of Plaintiffs' Response in Oppostion to Defendants' Motion to Stay Proceedings In Favor of Arbitration filed by Plaintiffs Alexander Aquino, Alexander Aquino, Barnabas Clothing, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Tamburelli, Adam) |
Filing 43 OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending arbitration Defendants Kabbage, Inc. and Celtic Bank Corporation's Motion to Stay Proceedings in Favor of Arbitration #19 filed by Plaintiffs Alexander Aquino, Alexander Aquino, Barnabas Clothing, Inc.. (Attachments: #1 Proposed Order)(Tamburelli, Adam) |
Filing 42 APPLICATION of Non-Resident Attorney Justin E. Proper to Appear Pro Hac Vice on behalf of Plaintiffs Alexander Aquino, Barnabas Clothing, Inc. (Pro Hac Vice Fee - $325.00 Previously Paid on 5/16/2018, Receipt No. 097321762535) filed by Plaintiffs Alexander Aquino(individually and on behalf of all others similarly situated), Barnabas Clothing, Inc.. (Attachments: #1 Proposed Order on Application to Appear PHV) (Tamburelli, Adam) |
Filing 41 APPLICATION of Non-Resident Attorney Shane R. Heskin to Appear Pro Hac Vice on behalf of Plaintiffs Alexander Aquino, Barnabas Clothing, Inc. (Pro Hac Vice Fee - $325.00 Previously Paid on 5/16/2018, Receipt No. 097321762464) filed by Plaintiffs Alexander Aquino(individually and on behalf of all others similarly situated), Barnabas Clothing, Inc.. (Attachments: #1 Proposed Order on Application to Appear Pro Hac Vice) (Tamburelli, Adam) |
Filing 40 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #37 by Judge Philip S. Gutierrez: Denying Non-Resident Attorney Shane R. Heskin APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, Barnabas Clothing, Inc., Alexander Aquino. IT IS HEREBY FURTHER ORDERED that the pro hac vice application fee, if paid, be refunded. Terming Attorney Shane R Heskin. (ab) |
Filing 39 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #38 by Judge Philip S. Gutierrez: Denying Non-Resident Attorney Justin E. Proper APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, Barnabas Clothing, Inc., Alexander Aquino. IT IS HEREBY FURTHER ORDERED that the pro hac vice application fee, if paid, be refunded. Terming Attorney Justin E Proper. (ab) |
Filing 38 APPLICATION of Non-Resident Attorney Justin E. Proper to Appear Pro Hac Vice on behalf of Plaintiffs Alexander Aquino, Alexander Aquino, Barnabas Clothing, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21762535) filed by Plaintiffs Ale xander Aquino(individually and on behalf of all others similarly situated), Alexander Aquino(an individual), Barnabas Clothing, Inc.. (Attachments: #1 Proposed Order) (Tamburelli, Adam) |
Filing 37 APPLICATION of Non-Resident Attorney Shane R. Heskin to Appear Pro Hac Vice on behalf of Plaintiffs Alexander Aquino, Alexander Aquino, Barnabas Clothing, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21762464) filed by Plaintiffs Alex ander Aquino(individually and on behalf of all others similarly situated), Alexander Aquino(an individual), Barnabas Clothing, Inc.. (Attachments: #1 Proposed Order) (Tamburelli, Adam) |
Filing 36 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #32 by Judge Philip S. Gutierrez: Granting Non-Resident Attorney James Dominick Larry APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs, Barnabas Clothing, Inc. and Alexander Aquino, designating Adam M. Tamburelli as local counsel. (ab) |
Filing 35 ORDER by Judge Philip S. Gutierrez: granting #33 Non-Resident Attorney Courtney C. Booth APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Barnabas Closing, Inc., Alexander Aquino, designating Adam M. Tamburelli as local counsel. (bm) |
Filing 34 ORDER by Judge Philip S. Gutierrez: granting #31 Non-Resident Attorney Nathan L Garroway AMENDED APPLICATION to Appear Pro Hac Vice on behalf of Defendant Kabbage, Inc., a Delaware corporation, designating Michael j Duvall as local counsel. (bm) |
Filing 33 APPLICATION of Non-Resident Attorney Courtney C. Booth to Appear Pro Hac Vice on behalf of Plaintiffs Alexander Aquino, Alexander Aquino, Barnabas Clothing, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21715087) filed by Plaintiff Ale xander Aquino(individually and on behalf of all others similarly situated), Alexander Aquino(an individual), Barnabas Clothing, Inc.. (Attachments: #1 Proposed Order) (Tamburelli, Adam) |
Filing 32 APPLICATION of Non-Resident Attorney James D. Larry to Appear Pro Hac Vice on behalf of Plaintiffs Alexander Aquino, Alexander Aquino, Barnabas Clothing, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21714903) filed by Plaintiff Alexan der Aquino(individually and on behalf of all others similarly situated), Alexander Aquino(an individual), Barnabas Clothing, Inc.. (Attachments: #1 Proposed Order) (Tamburelli, Adam) |
Filing 31 Amended APPLICATION of Non-Resident Attorney Nathan L. Garroway to Appear Pro Hac Vice on behalf of Defendant Kabbage, Inc. (Pro Hac Vice Fee - $325.00 Previously Paid on 5/2/2018, Receipt No. 0973-21685257) filed by Defendant Kabbage, Inc.. (Attachments: #1 Proposed Order) (Duvall, Michael) |
Filing 30 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #23 by Judge Philip S. Gutierrez: Granting Non-Resident Attorney Jeffrey A. Zachman APPLICATION to Appear Pro Hac Vice on behalf of Defendant, Kabbage, Inc. a Delaware Corporation, designating Michael J. Duvall as local counsel. (ab) |
Filing 29 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #22 by Judge Philip S. Gutierrez: Denying Non-Resident Attorney Nathan L. Garroway APPLICATION to Appear Pro Hac Vice on behalf of Defendant, Kabbage, Inc., a Delaware Corporation. Terming Attorney Nathan L Garroway. IT IS FURTHER ORDERED THAT the Application fee, if paid: be refunded. (ab) (Main Document 29 replaced on 5/7/2018) (ab). Modified on 5/7/2018 (ab). |
Filing 28 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Nathan L. Garroway to Appear Pro Hac Vice on behalf of Defendant Kabbage, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21685257) #22 . 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. MO missing. (lt) |
Filing 27 RESPONSE filed by Pro Hac Vice attorney Shane R. Heskin on behalf of Plaintiffs Alexander Aquino, Alexander Aquino, Barnabas Clothing, Inc.. RE: Notice of Filing Fee Due. PHV fee N/A. (lt) Modified on 5/3/2018 (lt). We are awaiting receipt of GSC. We will immediately e-file PHV application upon receipt. |
Filing 26 ORDER by Judge Philip S. Gutierrez: granting #17 Non-Resident Attorney Andrew Soukup APPLICATION to Appear Pro Hac Vice on behalf of Defendant Celtic Bank Corporation, designating Ashley Simonsen as local counsel. (bm) |
Filing 25 RESPONSE filed by Pro Hac Vice attorney J. Dominick Larry on behalf of Plaintiffs Alexander Aquino, Alexander Aquino, Barnabas Clothing, Inc.. RE: Notice of Filing Fee Due. PHV fee N/A. We are awaiting receipt of GSC. We will immediately e-file PHV application upon receipt. (lt) |
Filing 24 RESPONSE filed by Pro Hac Vice attorney Courtney C. Booth on behalf of Plaintiffs Alexander Aquino, Alexander Aquino, Barnabas Clothing, Inc.. RE: Notice of Filing Fee Due. PHV fee N/A. We are awaiting receipt of GSC. We will immediately e-file HV application upon receipt. (lt) |
Filing 23 APPLICATION of Non-Resident Attorney Jeffrey A. Zachman to Appear Pro Hac Vice on behalf of Defendant Kabbage, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21685328) filed by Defendant Kabbage, Inc.. (Attachments: #1 Proposed Orde r) (Duvall, Michael) |
Filing 22 APPLICATION of Non-Resident Attorney Nathan L. Garroway to Appear Pro Hac Vice on behalf of Defendant Kabbage, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21685257) filed by Defendant Kabbage, Inc.. (Attachments: #1 Proposed Orde r) (Duvall, Michael) |
Filing 21 DECLARATION of Eric Petersen in Support of NOTICE OF MOTION AND MOTION to Stay Case pending arbitration Defendants Kabbage, Inc. and Celtic Bank Corporation's Motion to Stay Proceedings in Favor of Arbitration #19 filed by Defendant Celtic Bank Corporation. (Simonsen, Ashley) |
Filing 20 DECLARATION of Clint Hill in Support of NOTICE OF MOTION AND MOTION to Stay Case pending arbitration Defendants Kabbage, Inc. and Celtic Bank Corporation's Motion to Stay Proceedings in Favor of Arbitration #19 filed by Defendant Celtic Bank Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Simonsen, Ashley) |
Filing 19 NOTICE OF MOTION AND MOTION to Stay Case pending arbitration Defendants Kabbage, Inc. and Celtic Bank Corporation's Motion to Stay Proceedings in Favor of Arbitration filed by Defendant Celtic Bank Corporation. Motion set for hearing on 6/18/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order) (Simonsen, Ashley) |
Filing 18 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji) |
Filing 17 APPLICATION of Non-Resident Attorney Andrew Soukup to Appear Pro Hac Vice on behalf of Defendant Celtic Bank Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21656204) filed by Defendant Celtic Bank Corporation. (Attachments: # (1 ) Proposed Order) (Simonsen, Ashley) |
Filing 16 CERTIFICATE OF SERVICE filed by Defendant Celtic Bank Corporation, re Notice of Assignment to United States Judges(CV-18) - optional html form #8 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #9 "Certificate of Service of Standing Order, Notice of Assignment, and ADR Notice" served on April 26, 2018. (Simonsen, Ashley) |
Filing 15 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Shane R Heskin. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
Filing 14 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney J Dominick Larry. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
Filing 13 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Courtney C Booth. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
Filing 12 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Andrew Soukup. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
Filing 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jeffrey A Zachman. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Nathan L Garroway. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
Filing 8 NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Suzanne H. Segal. (ghap) |
Filing 7 CERTIFICATE OF SERVICE filed by Defendant Celtic Bank Corporation, re Declaration,, #2 , Civil Cover Sheet (CV-71) #3 , Certificate/Notice of Interested Parties #4 , Notice of Removal (Attorney Civil Case Opening), #1 served on April 24, 2018. (Simonsen, Ashley) |
NON CONFORM COPY OF NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Barnabas Clothing, Inc., Alexander Aquino, upon Defendant Celtic Bank Corporation acknowledgment sent by Plaintiff on 3/30/2018, answer due 4/20/2018. Acknowledgment of Service signed by Ashely Simonsen, Celtic Bank Corporation. (SUBMITTED ATTACHED TO DECLARATION of ASHLEY SIMONSEN EXHIBIT G) (ghap) |
CONFORMED FILED COPY OF COMPLAINT against Defendants Celtic Bank Corporation, Does 1-100, Kabbage, Inc.Jury Demanded., filed by plaintiffs Barnabas Clothing, Inc., Alexander Aquino. (FILED IN STATE COURT ON 3/22/2018 SUBMITTED ATTACHED TO DECLARATION of ASHLEY SIMONSEN EXHIBIT A) (ghap) |
Filing 6 NOTICE of Interested Parties filed by Defendant Kabbage, Inc., identifying None. (Attorney Michael J Duvall added to party Kabbage, Inc.(pty:dft))(Duvall, Michael) |
Filing 5 NOTICE OF CONSENT TO REMOVAL OF CIVIL ACTION FROM STATE COURT filed by Defendant Kabbage, Inc.. (Duvall, Michael) |
Filing 4 NOTICE of Interested Parties filed by Defendant Celtic Bank Corporation, identifying Celtic Investment, Inc.. (Simonsen, Ashley) |
Filing 3 CIVIL COVER SHEET filed by Defendant Celtic Bank Corporation. (Simonsen, Ashley) |
Filing 2 DECLARATION of ASHLEY SIMONSEN re Notice of Removal (Attorney Civil Case Opening), #1 Declaration of Ashley Simonsen in Support of Defendant Celtic Bank Corporation's Notice of Removal of Civil Action from State Court filed by Defendant Celtic Bank Corporation. (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)(Simonsen, Ashley) |
Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number BC699166 Receipt No: 0973-21636190 - Fee: $400, filed by Defendant Celtic Bank Corporation. (Attorney Ashley Margaret Simonsen added to party Celtic Bank Corporation(pty:dft))(Simonsen, Ashley) |
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