Havenrock Capital, LLC et al v. Lawrence Brennan et al
| Brad Forman as Trustee of the Foreman Family Trust, Havewnrock Capital, LLC, Brad Foreman and Havenrock Capital, LLC |
| David Killackey, Lawrence Brennan, Bus and Coach America Corporation, Robert Miller, Harry Wilson Black and Does 1 through 50, inclusive |
| 2:2018cv08160 |
| September 20, 2018 |
| US District Court for the Central District of California |
| Manuel L Real |
| Suzanne H Segal |
| Securities/Commodities |
| 12 U.S.C. § 22 |
| Plaintiff |
Docket Report
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Filing 38
TEXT ONLY SCHEDULING ORDER (IN CHAMBERS) by Judge Manuel L. Real, The Court has determined that the following motions: 1) Motion to Dismiss Case, Stay Case Pending Resolution of First-Filed Case Filed by Defendant Bus and Coach America Corporation #28 , 2) Joinder of Motion to Dismiss Or in the Alternative to Stay Entire Action #32 , 3) Joinder to Motion to Dismiss Or in the Alternative to Stay Entire Action Against All Parties filed by Defendant David Killackey #33 , and 4) Joinder to Bus and Couch Americas Motion to Dismiss or, in the alternative, to Stay Entire Action #34 , set for hearing on November 19, 2018 at 10:00 A.M. are suitable for a decision on the papers as filed by all parties without the need for oral argument. Therefore, the said motions are taken UNDER SUBMISSION on the papers as filed and the hearing date of November 19, 2018 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbu) TEXT ONLY ENTRY
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| Filing 37 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Havenrock Capital, LLC, Brad Foreman, upon Defendant Harry Wilson Black served on 11/13/2018, answer due 12/4/2018. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Chapin, Bradley) |
| Filing 36 PROOF OF SERVICE filed by Plaintiffs Brad Foreman, Havenrock Capital, LLC, re Initial Order upon Filing of Complaint - form only #18 Defendants L. Brennan and R. Miller appearing in pro per served on Novmeber 8, 2018. (Attachments: #1 Exhibit A)(Chapin, Bradley) |
| Filing 31 NOTICE of Interested Parties filed by Defendant Bus and Coach America Corporation, (Brennan, Lawrence) |
| Filing 30 REPLY In Support of Motion NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of First-Filed Case Filed by Defendant #28 filed by Defendant Bus and Coach America Corporation. (Attachments: #1 Declaration Robert Miller Declaration)(Brennan, Lawrence) |
| Filing 35 PROOF OF SERVICE BY MAIL filed by Defendant David Killackey, re David Killackey's Motion to Dismiss, or in the Alternative, to Stay Entire Action #32 , Robert Miller's Joinder to Motion to Dismiss, or in the Alternative, Stay #33 , and Lawrence Brennan's Joinder to Motion to Dismiss, or in the Alternative, Stay #34 , served on 11/2/2018. (gk) |
| Filing 34 JOINDER to Bus and Coach America's Motion to Dismiss or, in the Alternative, to Stay Entire Action Against All Parties #28 filed by Defendant Lawrence Brennan. Motion set for hearing on 11/19/2018 at 10:00 AM before Judge Manuel L. Real. (gk) |
| Filing 33 JOINDER TO MOTION TO DISMISS OR IN THE ALTERNATIVE TO STAY ENTIRE ACTION AGAINST ALL PARTIES #28 filed by Defendant Robert Miller. (lom) |
| Filing 32 MOTION TO DISMISS OR IN THE ALTERNATIVE TO STAY ENTIRE ACTION AGAINST ALL PARTIES filed by Defendant David Killackey. Motion set for hearing on 11/19/2018 at 10:00 AM before Judge Manuel L. Real. (lom) |
| Filing 29 PROOF OF SERVICE filed by Plaintiffs Brad Foreman, Havenrock Capital, LLC, re MEMORANDUM in Opposition to Motion, #26 by FedEx on Defendant David Killackey served on October 30, 2018. (Chapin, Bradley) |
| Filing 28 NOTICE OF MOTION AND MOTION to Dismiss Case , NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of First-Filed Case Filed by Defendant Bus and Coach America Corporation. Motion set for hearing on 11/19/2018 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Memorandum Points and Authorities, #2 Declaration Supporting Dec of Lawrence Brennan) (Brennan, Lawrence) |
| Filing 27 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Manuel L. Real. The document is stricken and counsel shall re-file the same motion under the correct event. Counsel is not permitted to make any changes to the motion. The briefing schedule and hearing date remains the same. See Notice to Filer of Deficiencies #25 . Counsel shall correctly file the motion on or before October 31, 2018. Counsel shall file a Notice of Interested Parties in compliance with Local Rule 7.1-1. (cch) |
| Filing 26 MEMORANDUM in Opposition to Bus and Coach Americas Motion to Dismiss (Dkt 21) filed by Plaintiffs Brad Foreman, Havenrock Capital, LLC. (Attachments: #1 Declaration of Omar Barakat, #2 Declaration of Brad Foreman, #3 Declaration of Bradley Chapin, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D)(Chapin, Bradley) |
| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening), #21 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests > (1) Dismiss Case and (2) Stay Case. The filer used the event, Answer to Complaint, for docketing this filing. Defendant notices this motion for hearing on 11/19/2018 at 10:00 AM, however, only motion-type events allow the filer to place a hearing date on calendar. 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 24 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Havenrock Capital, LLC, Brad Foreman, upon Defendant Bus and Coach America Corporation served on 10/12/2018, answer due 11/2/2018. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Chapin, Bradley) |
| Filing 23 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Havenrock Capital, LLC, Brad Foreman, upon Defendant Lawrence Brennan served on 10/12/2018, answer due 11/2/2018. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. [Sub service, includes required POS by mail to complete service] (Chapin, Bradley) |
| Filing 22 PROOF OF SERVICE filed by Plaintiffs Brad Foreman, Havenrock Capital, LLC, re Initial Order upon Filing of Complaint - form only #18 served on October 17, 2018. (Attachments: #1 Exhibit A)(Chapin, Bradley) |
| Filing 21 *STRICKEN BY RESPONSE DATED 10/30/18* ANSWER to Complaint (Attorney Civil Case Opening), #1 MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO STAY filed by DEFENDANT Bus and Coach America Corporation. (Attachments: #1 Memorandum Points and Authorities, #2 Declaration Supporting Dec of Lawrence Brennan, #3 Memorandum Joinder and Motion of David Killackey)(Attorney Lawrence P Brennan, Jr added to party Bus and Coach America Corporation(pty:dft))(Brennan, Lawrence) Modified on 10/30/2018 (cch). |
| Filing 20 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Havenrock Capital, LLC, Brad Foreman, upon Defendant Robert Miller served on 9/29/2018, answer due 10/22/2018. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Chapin, Bradley) |
| Filing 19 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Havenrock Capital, LLC, Brad Foreman, upon Defendant David Killackey served on 9/25/2018, answer due 10/16/2018. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Chapin, Bradley) |
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Filing 18
ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real. READ CAREFULLY - FAILURE TO COMPLY MAY LEAD TO SANCTIONS. SEE ORDER FOR DETAILS. (cch)
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| Filing 17 21-Day Summons Issued re Complaint #1 as to Defendant Robert Miller. (gk) |
| Filing 16 21-Day Summons Issued re Complaint #1 as to Defendant David Killackey. (gk) |
| Filing 15 21-Day Summons Issued re Complaint #1 as to Defendant Lawrence Brennan. (gk) |
| Filing 14 21-Day Summons Issued re Complaint #1 as to Defendant Bus and Coach America Corporation. (gk) |
| Filing 13 21-Day Summons Issued re Complaint #1 as to Defendant Harry Wilson Black. (gk) |
| Filing 12 Certification and Notice of Interested Parties of Interested Parties identifying Havenrock Capital, LLC; Brad Foreman as Trustee of the Foreman Family Trust; Lawrence Brennan; Robert Miller; David Killackey; Harry Wilson Black; Bus and Coach America Corporation; Advanced Vehicle Manufacturing, Inc.; Omar Barakat. (Chapin, Bradley) |
| Filing 11 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Brad Foreman, Havewnrock Capital, LLC. (Chapin, Bradley) |
| Filing 10 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Brad Foreman, Havewnrock Capital, LLC. (Chapin, Bradley) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Brad Foreman, Havewnrock Capital, LLC. (Chapin, Bradley) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Brad Foreman, Havewnrock Capital, LLC. (Chapin, Bradley) |
| Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Brad Foreman, Havewnrock Capital, LLC. (Chapin, Bradley) |
| 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. (et) |
| Filing 5 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #3 . 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 name and address of the attorney for plaintiff(s)must be entered in the appropriate field. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (et) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Manuel L. Real and Magistrate Judge Suzanne H. Segal. (et) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Brad Forman as Trustee of the Foreman Family Trust, Havewnrock Capital, LLC. (Chapin, Bradley) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Brad Forman as Trustee of the Foreman Family Trust, Havewnrock Capital, LLC. (Chapin, Bradley) |
| Filing 1 COMPLAINT Receipt No: 0973-22457254 - Fee: $400, filed by Plaintiff Havewnrock Capital, LLC, Brad Forman as Trustee of the Foreman Family Trust. (Attorney Bradley A Chapin added to party Brad Forman as Trustee of the Foreman Family Trust(pty:pla), Attorney Bradley A Chapin added to party Havewnrock Capital, LLC(pty:pla))(Chapin, Bradley) |
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