ACF 2006 Corp v. Law Offices of Michael J. Libman APC et al
| ACF 2006 Corp |
| Law Offices of Michael J. Libman APC, Michael Shabsis and Lisa Maki |
| Michael Swanson, Advocate Capital Inc, Daniel Taussig, Wellgen Standard LLC and Does 1-25, Inclusive |
| 2:2019cv02920 |
| April 16, 2019 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| Dolly M Gee |
| John E McDermott |
| Fernando M Olguin |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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Filing 39
MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFF'S MOTION TO DISMISS DEFENDANTS' COUNTERCLAIMS by Judge Dolly M. Gee: The Court GRANTS Plaintiff's motion to dismiss defendants' Counterclaims #36 , DISMISSES the three Counterclaims with leave to amend, and VACATES the 7/19/2019 hearing. Within 15 days of the date of this Order, Libman and Shabsis shall file an Amended Answer repleading these three Counterclaims or file a notice of their intent not to do so. If Libman and Shabsis file an Amended Answer, then any response thereto shall be filed no later than 15 days after the date on which that pleading is filed. Court Reporter: Not Reported. (gk)
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Filing 38
ORDER/REFERRAL to ADR Procedure No 2 by Judge Dolly M. Gee. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 11/19/2019. Joint status report re settlement due by 11/26/2019. (gk)
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Filing 37
SCHEDULING AND CASE MANAGEMENT ORDER FOR JURY TRIAL by Judge Dolly M. Gee. The Court deems a Scheduling Conference unnecessary and hereby vacates the hearing. Final Pretrial Conference set for 12/17/2019 02:00 PM before Judge Dolly M. Gee. Jury Trial set for 1/28/2020 08:30 AM before Judge Dolly M. Gee. See document for further details. (Attachments: #1 Schedule of Pretrial and Trial Dates) (gk)
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| Filing 36 NOTICE OF MOTION AND MOTION to Dismiss Counterclaims filed by Plaintiff/Counter-Defendant ACF 2006 Corp. Motion set for hearing on 7/19/2019 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Proposed Order Proposed Order Granting Motion to Dismiss) (Ingram, Kimberly) |
| Filing 35 CERTIFICATE of Interested Parties filed by Defendant Law Offices of Michael J. Libman APC, identifying Law Offices of Michael J. Libman, APC; Michael Shabsis; Lisa Maki; ACF 2006 Corp., Boucher, LLP. (Miller, Scott) |
| Filing 34 JOINT REPORT Rule 26(f) Discovery Plan Joint Scheduling Conference Report ; estimated length of trial 5-6 days, filed by Plaintiff ACF 2006 Corp.. (Attachments: #1 Exhibit Exhibit A - Scheduling Worksheet)(Ingram, Kimberly) |
| Filing 33 DEFENDANTS/ COUNTER AND CROSS CLAIMANTS/COUNTERDEFENDANT LAW OFFICES OF MICHAEL J. LIBMAN, APCS ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #21 TO DEFENDAN/ CROSS DEFENDANT/ COUNTERCLAIMANT LISA MAKIS COUNTERCLAIM filed by Defendant Law Offices of Michael J. Libman APC, Law Offices of Michael J. Libman APC.(Attorney Michael J Libman added to party Law Offices of Michael J. Libman APC(pty:cc))(Libman, Michael) |
| Filing 32 ANSWER to Crossclaim, Counterclaim,, Defendant's Answer to Counterclaim of Law Offices of Michael J. Libman APC and Michael Shabsis, ANSWER to Crossclaim, Counterclaim,, filed by Cross-Defendant Lisa Maki.(Forsley, Alan) |
| Filing 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint,, #26 . The following error(s) was/were found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. The filing includes Counterclaim and Cross Complaint naming several new parties on the caption, however, the body of the document does not identify claims against them. 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 30 Notice of Appearance or Withdrawal of Counsel: for attorney Michael J Libman counsel for Defendant Law Offices of Michael J. Libman APC, Counter Defendant Law Offices of Michael J. Libman APC. Adding MICHAEL J. LIBMAN as counsel of record for MICHAEL SHABSIS for the reason indicated in the G-123 Notice. Filed by DEFENDAT LAW OFFICES OF MICHAEL J. LIBMAN. (Attorney Michael J Libman added to party Law Offices of Michael J. Libman APC(pty:dft), Attorney Michael J Libman added to party Law Offices of Michael J. Libman APC(pty:cd))(Libman, Michael) |
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Filing 29
ORDER TO RESCHEDULE/CONTINUE SCHEDULING CONFERENCE DATE [FED.R.CIV.P 16, 26(F)] by Judge Dolly M. Gee: Upon Joint Stipulation to Reschedule/Continue #28 , the Pretrial Scheduled Conference shall be granted and rescheduled to 7/12/2019 at 09:30 AM before Judge Dolly M. Gee. (gk)
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| Filing 28 SERVICE by Publication filed by Defendant Law Offices of Michael J. Libman APC. 6/7/2019 Dates of publication are: 6/7/2019. (Miller, Scott) |
| (DUPLICATE ENTRY) CROSS COMPLAINT against Crossdefendant Lisa Maki filed by Defendants and Crossclaimants Michael Shabsis and Law Offices of Michael J. Libman APC. (Answer, Counterclaim and Cross Complaint filed as one document, see document number 26). (gk) |
| (DUPLICATE ENTRY) COUNTERCLAIM against Counterdefendants Advocate Capital, Inc., Wellgen Standard, LLC, ACF 2006 Corp, Lisa L. Maki, Daniel Taussig, Michael Swanson, and Does 1-25, Inclusive, filed by Defendants and Counterclaimants Law Offices of Michael J. Libman, APC and Michael Shabsis. (Answer, Counterclaim and Cross Complaint filed as one document, see document number 26). (Attorney Bonnie Fong added to party Law Offices of Michael J. Libman APC(pty:dft), Attorney Bonnie Fong added to party Michael Shabsis(pty:dft)) (gk) |
| Filing 27 (Attachments: #1 Signed Application Notice of Appearance)(Miller, Scott) |
| Filing 26 ANSWER to Complaint (Attorney Civil Case Opening), #1 Law Offices of Scott A. Miller APC filed by Attorney for Defendants Michael Shabsis and Law Offices of Michael J. Libman Law Offices of Michael J. Libman APC, Lisa Maki, Michael Shabsis. (Attachments: #1 Declaration Decl. of B.Shabsis, #2 Declaration Decl. of M.Shabsis, #3 Declaration Decl. M. Libman, #4 Exhibit Exhibit 1, #5 Exhibit Exhibit 1a, #6 Exhibit Exhibit 2-5)(Attorney Scott Allen Miller added to party Law Offices of Michael J. Libman APC(pty:dft), Attorney Scott Allen Miller added to party Law Offices of Michael J. Libman APC(pty:cd), Attorney Scott Allen Miller added to party Michael Shabsis(pty:dft))(Miller, Scott) |
| Filing 25 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 6/14/2019. Scheduling Conference set for 6/28/2019 at 9:30 a.m. (See order for details.) (kti) |
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Filing 24
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. Having received Defendant Lisa Maki's answer #21 , the Court hereby discharges the Order to Show Cause dated May 15, 2019 #20 . IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 23 DEMAND for Jury Trial filed by Counterclaimant Lisa Maki.. (Forsley, Alan) |
| Filing 22 CERTIFICATE of Interested Parties filed by Defendant Lisa Maki, (Forsley, Alan) |
| Filing 21 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMANDDefendant's Answer to Complaint and Counterclaim Against the Law Offices of Michael J. Libman APC, COUNTERCLAIM against Law Offices of Michael J. Libman APC filed by Defendant Lisa Maki.(Attorney Alan W Forsley added to party Lisa Maki(pty:dft))(Forsley, Alan) |
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Filing 20
MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee: The Court, on its own motion, orders plaintiff(s) to show cause in writing on or before 5/29/2019 why this action should not be dismissed as to defendant Lisa Maki for lack of prosecution. As an alternative to a written response by plaintiff(s), the Court will consider the filing of one of the following, as an appropriate response to this Order To Show Cause, on or before the above date, as evidence that the matter is being prosecuted diligently: An answer by the following defendant(s): Lisa Maki; or, Plaintiff's application for entry of default pursuant to Rule 55a of the Federal Rules of Civil Procedure. The Order will stand submitted upon the filing of a responsive pleading or motion on or before the date upon which a response by plaintiff(s) is due. This action will be dismissed as to defendant Lisa Maki if the above-mentioned document(s) are not filed by the date indicated above. Court Reporter: Not Reported. (gk)
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| Filing 19 STIPULATION Extending Time to Answer the complaint as to Law Offices of Michael J. Libman APC answer now due 5/28/2019; Michael Shabsis answer now due 5/28/2019, re Notice (Other), #5 , Notice (Other), #2 , Notice (Other) #4 , Complaint (Attorney Civil Case Opening), #1 , Notice (Other), #3 filed by Plaintiff ACF 2006 Corp.(Ingram, Kimberly) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff ACF 2006 Corp, upon Defendant Michael Shabsis served on 4/22/2019, answer due 5/13/2019. Service of the Summons and Complaint were executed upon Defendant Michael Shabsis' Mother in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Ingram, Kimberly) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff ACF 2006 Corp, upon Defendant Lisa Maki served on 4/23/2019, answer due 5/14/2019. Service of the Summons and Complaint were executed upon Zack Smith-Manager "The UPS Store" in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Ingram, Kimberly) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff ACF 2006 Corp, upon Defendant Law Offices of Michael J. Libman APC served on 4/22/2019, answer due 5/13/2019. Service of the Summons and Complaint were executed upon Monica-Reception on behalf of Registered Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Ingram, Kimberly) |
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Filing 15
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 14 MINUTES OF IN CHAMBERS - TRANSFER OF CASE TO JUDGE GEE by Judge Dolly M. Gee: Please take notice that this action has been reassigned to the HONORABLE DOLLY M. GEE, United States District Judge, pursuant to the Order re Transfer Pursuant to General Order 19-03 filed on 4/18/2019. The case number will now read CV 19-2920-DMG (JCx). Additional information about Judge Gee's procedures and schedules is available on the court's website at www.cacd.uscourts.gov. See document for further details. Court Reporter: Not Reported. (gk) |
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Filing 13
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:18-cv-09654 DMG(JCx). Case transferred from Magistrate Judge John E. McDermott and Judge Fernando M. Olguin to Judge Dolly M. Gee and Magistrate Judge Jacqueline Chooljian for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-02920 DMG(JCx). Signed by Judge Dolly M. Gee (rn)
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| Filing 12 21 DAY Summons issued re Complaint #1 as to defendants Law Offices of Michael J. Libman APC, Lisa Maki, Michael Shabsis. (esa) |
| Filing 11 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 10 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge John E. McDermott. (esa) |
| Filing 9 Request for Clerk to Issue Summons on Notice (Other), #5 , Notice (Other), #2 , Notice (Other) #4 , Complaint (Attorney Civil Case Opening), #1 , Notice (Other), #3 filed by Plaintiff ACF 2006 Corp. (Ingram, Kimberly) |
| Filing 8 NOTICE of Related Case(s) filed by Plaintiff ACF 2006 Corp. Related Case(s): 2:18-cv-09654 (Ingram, Kimberly) |
| Filing 7 NOTICE of Interested Parties filed by Plaintiff ACF 2006 Corp, identifying Advocate Capital, Wellgen Standard, Daniel Taussig, and Michael Swanson. (Ingram, Kimberly) |
| Filing 6 CIVIL COVER SHEET filed by Plaintiff ACF 2006 Corp. (Ingram, Kimberly) |
| Filing 5 NOTICE Notice of Filing of Exhibits E and F to Complaint filed by Plaintiff ACF 2006 Corp. (Attachments: #1 Exhibit Exhibit E - Notice of Disassociation of Counsel for Plaintiff Law Offices of Lisa L. Maki and Lisa L. Maki, #2 Letter Exhibit F - Letter from Lisa L. Maki to Counsel Asserting her Lien in Case No. BC 567668)(Ingram, Kimberly) |
| Filing 4 NOTICE Notice of Filing of Part III of Exhibit D to Complaint filed by Plaintiff ACF 2006 Corp. (Attachments: #1 Exhibit Part III to Exhibit D to Complaint)(Ingram, Kimberly) |
| Filing 3 NOTICE Notice of Filing filed by Plaintiff ACF 2006 Corp. Notice of Filing of Part II of Exhibit D to the Complaint (Attachments: #1 Exhibit Part II of Exhibit D State bar Court of California Decision and Order relating to Lisa Lynn Maki)(Ingram, Kimberly) |
| Filing 2 NOTICE Notice of Filing Part I of Exhibit D to the Complaint filed by Plaintiff ACF 2006 Corp. (Attachments: #1 Exhibit Exhibit D - Part I - State Bar Court of California Decision and Order Relating to Lisa Lynn Maki)(Ingram, Kimberly) |
| Filing 1 COMPLAINT Receipt No: 0973-23555425 - Fee: $400, filed by Plaintiff ACF 2006 Corp. (Attachments: #1 Exhibit Exhibit A - Amended and Restated Master Loan and Security Agreement, #2 Exhibit Exhibit B - Complaint for Damages in Case No. BC 567668, #3 Exhibit Exhibit C - Notice of Association of Counsel in Case No. BC 567668) (Attorney Kimberly Michelle Ingram added to party ACF 2006 Corp(pty:pla))(Ingram, Kimberly) |
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