Elliot Chun v. APPA Real Estate LLC et al
Plaintiff: Elliot Chun
Defendant: Aaron Marzwell, APPA Real Estate LLC and David T Smith
Case Number: 2:2019cv00415
Filed: January 18, 2019
Court: US District Court for the Central District of California
Presiding Judge: Steve Kim
Referring Judge: Otis D Wright
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 12, 2019 Opinion or Order Filing 57 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Pursuant to Federal Rule of Civil Procedure 41(a)(2) and the Stipulation of Dismissal filed by Plaintiff Elliot Chun, on the one hand; and APPA Real Estate LLC et al., on the other hand #56 ,1. The Parties Stipulation of Dismissal shall be, and hereby is, GRANTED. All of Plaintiffs claims against Defendant in this action are dismissed WITH PREJUDICE. All dates and deadlines in this action are VACATED and taken off calendar, The Court DENIES as moot Plaintiffs Motion to Enforce Settlement Agreement #34 . Each party shall bear its own attorneys fees, costs, and expenses; and The Court shall and hereby does retain jurisdiction as necessary to enforce the Parties confidential settlement agreement.The Clerk of the Court shall close this case.(Made JS-6. Case Terminated.) (lc)
September 10, 2019 Filing 56 STIPULATION to Dismiss Case pursuant to FRCP 41(a)(1)(A)(ii) filed by plaintiff/counter-defendant Elliot Chun. (Attachments: #1 Proposed Order)(Bailey, Landon)
August 29, 2019 Opinion or Order Filing 55 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II :In light of the parties recent Notice of Settlement #54 , the Court hereby ORDERS the parties TO SHOW CAUSE, in writing, no later than September 27, 2019, why settlement has not been finalized. No hearing will be held. All other dates and deadlines in thisaction are VACATED and taken off calendar. The Court will discharge this order upon the filing of a dismissal that complies with Federal Rule of Civil Procedure 41. (lc)
August 28, 2019 Filing 54 NOTICE of Settlement of All Claims and Counterclaims filed by plaintiff/counter-defendant Elliot Chun. (Bailey, Landon)
August 23, 2019 Opinion or Order Filing 53 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Per stipulation, Plaintiff shall have untilSeptember 25, 2019 to respond to Defendants APPA and Marzwell Counterclaim, #52 . (lc)
August 22, 2019 Filing 52 STIPULATION for Extension of Time to File Answer to 9/25/19 re Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #47 filed by plaintiff/counter-defendant Elliot Chun. (Attachments: #1 Proposed Order)(Bailey, Landon)
July 23, 2019 Opinion or Order Filing 51 ORDER MODIFYING SCHEDULING CONFERENCE ORDER AND EXTENDING TIME FOR RESPONSE TOCOUNTERCLAIM #50 by Judge Otis D. Wright, II: The Scheduling Conference shall be scheduled for September 30, 2019 at 1:30 p.m. Plaintiff Chuns deadline to respond to the Counterclaim filed by Defendants APPA and Marzwell is hereby extended such that the response is now due on or before August 26, 2019. (lc)
July 19, 2019 Filing 50 STIPULATION Extending Time to Answer the complaint as to All Parties,, STIPULATION to AMEND filed by plaintiff/counter-defendant Elliot Chun. (Attachments: #1 Proposed Order)(Bailey, Landon)
July 15, 2019 Filing 49 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant David T Smith.(Spielfogel, Daniel)
July 15, 2019 Opinion or Order Filing 48 ORDER that the Scheduling Conference is set for 9/23/19 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc)
July 14, 2019 Filing 47 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND, COUNTERCLAIM against Elliot Chun filed by Defendants and Counter-claimants Aaron Marzwell, APPA Real Estate LLC. (Attachments: #1 Exhibit A to Answer & Counterclaim)(Barron, Samantha)
July 8, 2019 Filing 46 The hearing on the MOTION TO ENFORCE SETTLEMENT #34 , scheduled for July 15, 2019 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
July 1, 2019 Filing 45 REPLY NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #34 filed by Plaintiff Elliot Chun. (Attachments: #1 Declaration)(Bailey, Landon)
June 27, 2019 Filing 44 SEALED OPPOSITION RE NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #34 , Order on Motion for Leave to File Document Under Seal #43 filed by Defendants APPA Real Estate LLC, Aaron Marzwell. (Attachments: #1 Declaration of Brian S. Inamine in Support of Defendants' Opposition to Motion to Enforce Settlement with Exhibits A-J)(Barron, Samantha)
June 27, 2019 Opinion or Order Filing 43 ORDER GRANTING DEFENDANT APPA REAL ESTATE LLC AND DEFENDANT AARON MARZWELLS APPLICATION FOR LEAVE TO FILE UNDER SEAL #42 by Judge Otis D. Wright, II (lc)
June 27, 2019 Filing 42 APPLICATION to file document under seal filed by Defendants APPA Real Estate LLC, Aaron Marzwell. Application set for hearing on 7/15/2019 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration, #2 Exhibit to BSI Decl, #3 Proposed Order, #4 POS)(Inamine, Brian)
June 26, 2019 Filing 41 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: On June 24, 2019, Defendants APPA Real Estate, LLC, filed two seemingly identical Applications to File Under Seal its Opposition to Plaintiffs Motion to Enforce Settlement #39 , #40 . Given Defendants inadvertent filing coupled with the sensitive nature of Defendants request, the Court hereby STRIKES both applications in an abundance of caution. Defendants are ORDERED to refile their Application. (lc)
June 24, 2019 Filing 40 APPLICATION to file document Defendants' Opposition to Plaintiff's Motion to Enforce under seal filed by Defendants APPA Real Estate LLC, Aaron Marzwell. (Attachments: #1 Declaration of Brian S. Inamine in support of Application to file under seal, #2 Unredacted Document Evidence in support of application to file under seal, #3 Proposed Order Granting Application for leave to file under seal)(Barron, Samantha) Modified on 6/27/2019 (lc).(STRICKEN PER 6/26/19 MINUTES)
June 24, 2019 Filing 39 APPLICATION to file document Defendants' Opposition to Plaintiff's Motion to Enforce under seal filed by Defendants APPA Real Estate LLC, Aaron Marzwell. (Attachments: #1 Declaration of Brian Inamine in support of defendants' Application to file under seal, #2 Exhibit A to Declaration of Brian S. Inamine)(Attorney Samantha Leigh Barron added to party APPA Real Estate LLC(pty:dft), Attorney Samantha Leigh Barron added to party Aaron Marzwell(pty:dft))(Barron, Samantha) Modified on 6/27/2019 (lc).m (STRICKEN PER 6/26/19 MINUTES)
June 21, 2019 Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Sealed Document ( Exhibit A - docket no. 37) by plaintiff. The following error(s) was/were found: Title page is missing. MISSING Formal title page and its LR-11-3.8 required filer, attorney, court and case information. Document was efiled with previous active electronic headers intact, therefore making current headers illegible. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc)
June 20, 2019 Filing 37 SEALED DOCUMENT Exhibit A to Bailey Declaration re NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #34 , Order on Motion for Leave to File Document Under Seal, #35 filed by Plaintiff Elliot Chun.(Bailey, Landon)
June 20, 2019 Filing 36 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #34 filed by Defendant David T Smith. (Spielfogel, Daniel)
June 19, 2019 Opinion or Order Filing 35 ORDER GRANTING PLAINTIFF ELLIOT CHUNS APPLICATION FOR LEAVE TO FILE UNDER SEAL #33 by Judge Otis D. Wright, II : Plaintiff Chun may now file the unredacted version of Exhibit A to the Declaration of Landon D. Bailey in Support of Plaintiff Elliot Chuns Motion to Enforce Settlement Agreement under seal. (lc) Modified on 6/19/2019 (lc).
June 17, 2019 Filing 34 NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement filed by plaintiff Elliot Chun. Motion set for hearing on 7/15/2019 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration, #2 Proposed Order) (Bailey, Landon)
June 17, 2019 Filing 33 APPLICATION to file document Exhibit A to Bailey Declaration under seal filed by Plaintiff Elliot Chun. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Document, #4 Unredacted Document)(Bailey, Landon)
June 17, 2019 Opinion or Order Filing 32 ORDER GRANTING DEFENDANT DAVID SMITHS REQUEST FOR AN EXTENSION TO FILERESPONSIVE PLEADINGS BY JULY 15, 2019 #31 by Judge Otis D. Wright, II (lc)
June 14, 2019 Filing 31 RESPONSE filed by Defendant David T Smithto Order,, Terminate Deadlines,, Set/Reset Deadlines, #25 , Minutes of In Chambers Order/Directive - no proceeding held,, Terminate Deadlines and Hearings,, Set/Reset Deadlines, #20 (Attachments: #1 Proposed Order Granting Defendant David Smith's Request for Extension to File Responsive Pleading)(Spielfogel, Daniel)
June 13, 2019 Opinion or Order Filing 30 ORDER GRANTING DEFENDANTS APPA REAL ESTATE, LLC AND AARON MARZWELLS REQUESTFOR AN EXTENSION TO FILE RESPONSIVE PLEADINGS TO JULY 15, 2019 #29 by Judge Otis D. Wright, II (lc)
June 13, 2019 Filing 29 RESPONSE filed by Defendant APPA Real Estate LLCto Order,, Terminate Deadlines,, Set/Reset Deadlines, #25 DEFENDANTS RESPONSE TO COURT'S ORDER TO SHOW CAUSE AND REQUEST FOR EXTENSION (Attachments: #1 Proposed Order re Request for an Extension)(Barron, Samantha)
June 13, 2019 Filing 28 RESPONSE filed by Plaintiff Elliot Chunto Order,, Terminate Deadlines,, Set/Reset Deadlines, #25 , Minutes of In Chambers Order/Directive - no proceeding held,, Terminate Deadlines and Hearings,, Set/Reset Deadlines, #20 (Bailey, Landon)
May 30, 2019 Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #26 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: see below under other. PDF document was a letter to the Judge. LR 83-2.5 : No letters to the Judge. Filing should have been prepared as a formal document. Pdf reads as a Status Report.. Event would be: Status Report. Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc)
May 30, 2019 Filing 26 Ltr. to Hon. Judge Wright re: Status (Bailey, Landon)
May 15, 2019 Opinion or Order Filing 25 ORDER GRANTING DEFENDANTS APPA REAL ESTATE, LLC AND AARON MARZWELLS REQUESTTO CONTINUE THE COURTS ORDER TO SHOW CAUSE #24 by Judge Otis D. Wright, II: Parties shall Show Cause, in writing, on or before Thursday, June 13, 2019, why settlement has not been finalized. (lc)
May 14, 2019 Filing 24 AMENDED DOCUMENT filed by Defendant APPA Real Estate LLC. Amendment to Response #21 to OSC (Attachments: #1 Proposed Order)(Inamine, Brian)
May 14, 2019 Filing 23 RESPONSE filed by Plaintiff Elliot Chunto Minutes of In Chambers Order/Directive - no proceeding held,, Terminate Deadlines and Hearings,, Set/Reset Deadlines, #20 (Attachments: #1 Affidavit Declaration of Landon D. Bailey in Support of Response to Order to Show Cause, #2 Exhibit Exhibit A)(Bailey, Landon)
May 14, 2019 Filing 22 RESPONSE filed by Defendant David T Smith to Order to Show Cause (Spielfogel, Daniel)
May 14, 2019 Filing 21 RESPONSE filed by Defendant APPA Real Estate LLCto Minutes of In Chambers Order/Directive - no proceeding held,, Terminate Deadlines and Hearings,, Set/Reset Deadlines, #20 (Inamine, Brian)
March 14, 2019 Opinion or Order Filing 20 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:In light of the parties recent Notice of Settlement (ECF No. 19), the Court hereby ORDERS the parties TO SHOW CAUSE, in writing, no later than TUESDAY, MAY 14, 2019, why settlement has not been finalized. No hearing will be held. All other dates and deadlines in this action are VACATED and taken off calendar. The Court will discharge this order upon the filing of a dismissal that complies with Federal Rule of Civil Procedure 41. (lc)
March 14, 2019 Filing 19 NOTICE of Settlement filed by Defendants APPA Real Estate LLC, Aaron Marzwell, David T Smith. (Inamine, Brian)
March 6, 2019 Filing 18 Second STIPULATION Extending Time to Answer the complaint as to Aaron Marzwell answer now due 3/15/2019; APPA Real Estate LLC answer now due 3/15/2019, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Aaron Marzwell; APPA Real Estate LLC.(Inamine, Brian)
March 6, 2019 Filing 17 RESPONSE filed by Defendants APPA Real Estate LLC, Aaron Marzwellto Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, #16 [JOINT RESPONSE] (Inamine, Brian)
March 5, 2019 Opinion or Order Filing 16 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff(s) is ordered to show cause in writing no later than March 8, 2019 why this action should notbe dismissed for lack of prosecution. The Court will consider the filing of the following, as an appropriate response to this OSC, on or before the above date:!Plaintiff's request for entry of default as to the defendants- APPA Real Estate LLC and Aaron Marzwell. In the event both documents are filed before the above date, the answer will take precedence.Answer by the defendant(s). No oral argument on this Order to Show Cause will be heard unless ordered by the Court. The Order will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Court's Order may result in the dismissal of the action. (lc)
February 14, 2019 Filing 15 NOTICE of Interested Parties filed by Defendant David T Smith, (Spielfogel, Daniel)
February 13, 2019 Filing 14 CERTIFICATE of Interested Parties filed by Defendants APPA Real Estate LLC, Aaron Marzwell, identifying APPA Real Estate LLC. (Inamine, Brian)
February 13, 2019 Filing 13 STIPULATION Extending Time to Answer the complaint as to Aaron Marzwell answer now due 3/1/2019; APPA Real Estate LLC answer now due 3/1/2019, filed by Defendants Aaron Marzwell; APPA Real Estate LLC.(Attorney Brian Seishin Inamine added to party APPA Real Estate LLC(pty:dft), Attorney Brian Seishin Inamine added to party Aaron Marzwell(pty:dft))(Inamine, Brian)
February 12, 2019 Filing 12 STIPULATION Extending Time to Answer the complaint as to David T Smith answer now due 3/21/2019, re Complaint (Attorney Civil Case Opening) #1 , Service of Summons and Complaint Returned Executed (21 days), #11 filed by Defendant David T Smith.(Attorney Daniel J Spielfogel added to party David T Smith(pty:dft))(Spielfogel, Daniel)
February 7, 2019 Filing 11 PROOF OF SERVICE Executed by Plaintiff Elliot Chun, upon Defendant David T Smith served on 1/28/2019, answer due 2/19/2019. Service of the Summons and Complaint were executed upon David T Smith in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Bailey, Landon)
February 7, 2019 Filing 10 PROOF OF SERVICE Executed by Plaintiff Elliot Chun, upon Defendant Aaron Marzwell served on 1/24/2019, answer due 2/14/2019. Service of the Summons and Complaint were executed upon Aaron Marzwell in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Bailey, Landon)
February 7, 2019 Filing 9 PROOF OF SERVICE Executed by Plaintiff Elliot Chun, upon Defendant APPA Real Estate LLC served on 1/24/2019, answer due 2/14/2019. Service of the Summons and Complaint were executed upon Aaron Marzwell - Person Authorized to Accept Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Bailey, Landon)
January 22, 2019 Opinion or Order Filing 8 MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION; PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc)
January 18, 2019 Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants APPA Real Estate LLC, Aaron Marzwell, David T Smith. (et)
January 18, 2019 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
January 18, 2019 Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Steve Kim. (et)
January 18, 2019 Filing 4 NOTICE of Interested Parties filed by plaintiff Elliot Chun, (Bailey, Landon)
January 18, 2019 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Elliot Chun. (Bailey, Landon)
January 18, 2019 Filing 2 CIVIL COVER SHEET filed by Plaintiff Elliot Chun. (Bailey, Landon)
January 18, 2019 Filing 1 COMPLAINT Receipt No: 0973-23067642 - Fee: $400, filed by plaintiff Elliot Chun. (Attorney Landon David Bailey added to party Elliot Chun(pty:pla))(Bailey, Landon)

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Search for this case: Elliot Chun v. APPA Real Estate LLC et al
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Defendant: Aaron Marzwell
Represented By: Brian Seishin Inamine
Represented By: Samantha Leigh Squillante
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Defendant: APPA Real Estate LLC
Represented By: Brian Seishin Inamine
Represented By: Samantha Leigh Squillante
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Defendant: David T Smith
Represented By: Daniel J Spielfogel
Represented By: Daniel J. Spielfogel
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Plaintiff: Elliot Chun
Represented By: Landon David Bailey
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