Francine Shulman et al v. Todd Kaplan et al
| Francine Shulman, 3F, INC. and Iron Angel, LLC |
| Robert S Kaplan, MATTHEW KAPLAN, Robert Scott, Drew Milburn, Charles Houghton, Courtney Dorne, Jeff Silver, Matt Kaplan, Iron Angel II, LLC, Elyse Kaplan, Smoke Wallin, Todd Kaplan, DOES 1 through 10, Inclusive, Medical Investor Holdings LLC, NCAMBA9, Inc., Robert Scott Kaplan, Vertical Wellness, Inc. and Medical Investor Holdings LLC doing business as Vertical Companies |
| 2:2019cv05413 |
| June 20, 2019 |
| US District Court for the Central District of California |
| Andre Birotte |
| Frederick F Mumm |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1964 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| Filing 85 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #75 , CCA # 20-56265. The judgment of this Court, entered January 18, 2023, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Opinion #83 AFFIRMED.](mat) |
| Filing 84 Notice of Electronic Filing re USCA Memorandum/Opinion/Order #83 e-mailed to Katrina A. Smith bounced due to 5.4.1 Recipient address rejected: Access denied.. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
| Filing 83 OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #75 filed by 3F, Inc., Francine Shulman, Iron Angel, LLC. CCA # 20-56265. The decision of the district court is affirmed. (gk) |
| Filing 82 BILL OF COSTS. Costs Taxed in amount of $ 197.71 in favor of Defendant and against Plaintiff. RE: APPLICATION to the Clerk to Tax Costs against Plaintiffs All Plaintiffs #74 (de) Modified on 3/28/2021 (de). |
Filing 81
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #77 by Judge Andre Birotte Jr. The request of Charles Houghton to substitute Charles Houghton as pro se of record instead of Elliot J. Siegel and Julian Burns King is GRANTED. (et)
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| Filing 80 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First REQUEST TO WITHDRAW ATTORNEY Elliot J. Siegel; Julian Burns King as counsel of record for Defendant Charles Houghton #77 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. The filer set this Request for hearing on 1/8/2021 at 10:00 AM. This Request does not require a hearing date. 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 79 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION to the Clerk to Tax Costs against Plaintiffs All Plaintiffs #74 . The following error(s) was/were found: The filer selected Defendant Charles Houghton as one of the filing parties, and added attorney Kimball as counsel of record for Houghton. However, it appears that attorney Kimball does not represent Houghton. 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 78 Notice of Electronic Filing re First REQUEST TO WITHDRAW ATTORNEY Elliot J. Siegel; Julian Burns King as counsel of record for Defendant Charles Houghton #77 e-mailed to Peter Huston bounced due to No longer at firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
| Filing 77 First REQUEST TO WITHDRAW ATTORNEY Elliot J. Siegel; Julian Burns King as counsel of record for Defendant Charles Houghton filed by Defendant Charles Houghton. Request set for hearing on 1/8/2021 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order) (Siegel, Elliot) |
| Filing 76 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-56265 assigned to Notice of Appeal to 9th Circuit Court of Appeals #75 as to Plaintiffs 3F, Inc., Iron Angel, LLC, Francine Shulman. (gk) |
| Filing 75 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiffs 3F, Inc., Iron Angel, LLC, Francine Shulman. Appeal of Order on Motion to Dismiss, #73 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-29274183.) (Christopherson, Kathryn) |
| Filing 74 APPLICATION to the Clerk to Tax Costs against Plaintiffs All Plaintiffs filed by Defendants Courtney Dorne, Charles Houghton, Iron Angel II, LLC, NCAMBA9, Inc., Jeff Silver, Robert Scott Kaplan, Smoke Wallin, Elyse Kaplan, Matt Kaplan, Todd Kaplan, Drew Milburn, Vertical Wellness, Inc., Medical Investor Holdings LLC. (Attachments: #1 Exhibit Itemization of Costs and Invoices) (Attorney Julie Zankel Kimball added to party Charles Houghton(pty:dft)) (Kimball, Julie) |
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Filing 73
MINUTES [In Chambers] ORDER GRANTING DEFENDANT MIH'S MOTION TO DISMISS by Judge Andre Birotte Jr. granting #66 MOTION to Dismiss: For the reasons stated above, the Court GRANTS MIH Defendants' Motion to Dismiss WITH PREJUDICE. Defendant Houghton's Motion to Dismiss is DENIED AS MOOT. (see document for further details) (MD JS-6. Case Terminated) (bm)
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Filing 72
(IN CHAMBERS) ORDER CONTINUING MIH DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' COMPLAINT #66 by Judge Andre Birotte Jr. This Court, on its own motion, CONTINUES the hearing date regarding this motion from October 23, 2020 to October 30, 2020, at 10:00 AM before Judge Andre Birotte Jr. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 71 REPLY Reply in Support of Motion First NOTICE OF MOTION AND MOTION for Joinder in Complaint (Attorney Civil Case Opening), #1 #67 Reply in Support of Renewed Motion to Dismiss filed by Defendant Charles Houghton. (Siegel, Elliot) |
| Filing 70 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Complaint #66 filed by Defendants Courtney Dorne, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc., Smoke Wallin. (Kimball, Julie) |
| Filing 69 Opposition to Charles Houghton's Motion to Dismiss and of Joinder opposition re: First NOTICE OF MOTION AND MOTION for Joinder in Complaint (Attorney Civil Case Opening), #1 #67 filed by Plaintiffs 3F, Inc., Iron Angel, LLC, Francine Shulman. (Attachments: #1 Proposed Order)(Huston, Peter) |
| Filing 68 Opposition to MIH Defendants' Motion to Dismiss Plaintiff's Complaint opposition re: NOTICE OF MOTION AND MOTION to Dismiss Complaint #66 filed by Plaintiffs 3F, Inc., Iron Angel, LLC, Francine Shulman. (Attachments: #1 Proposed Order)(Huston, Peter) |
| Filing 67 First NOTICE OF MOTION AND MOTION for Joinder in Complaint (Attorney Civil Case Opening), #1 filed by Defendant Charles Houghton. Motion set for hearing on 10/23/2020 at 10:00 AM before Judge Andre Birotte Jr. (Siegel, Elliot) |
| Filing 66 NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by Defendants Courtney Dorne, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc., Smoke Wallin. Motion set for hearing on 10/23/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum, #2 Proposed Order) (Kimball, Julie) |
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Filing 65
MINUTE ORDER IN CHAMBERS by Judge Andre Birotte Jr: The Court hereby adopts the parties' proposed scheduling order #64 , attached as Exhibit A to this order. Defendants may refile their motion to dismiss and/or joinder in the motion to dismiss within thirty (30) days of the date of issuance of this order. See document for details. (Final Pretrial Conference set for 8/20/2021, at 11:00 AM and Jury Trial set for 9/14/2021, at 8:30 AM before Judge Andre Birotte Jr.) (smo)
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| Filing 64 STATUS REPORT Joint Status Report and Proposed Schedule filed by Plaintiffs 3F, Inc., Iron Angel, LLC, Francine Shulman. (Sutton, Theresa) |
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Filing 63
MINUTES (IN CHAMBERS) ORDER VACATING STAY by Judge Andre Birotte Jr.: In light of Plaintiffs notice of arbitrator ruling and request to lift the stay of this case #62 , the Court VACATES the stay and orders this case reopened. The parties are ORDERED to file a joint status report and/or joint proposed schedule by 8/7/2020. ( MD JS-5 Case Reopened. ) Court Reporter: N/A. (gk)
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| Filing 62 NOTICE filed by Plaintiffs 3F, Inc., Iron Angel, LLC, Francine Shulman. Notice of Arbitrator Ruling and Request to Lift Stay (Attachments: #1 Exhibit)(Huston, Peter) |
| Filing 61 STATUS REPORT filed by Plaintiffs 3F, Inc., Iron Angel, LLC, Francine Shulman. (Attachments: #1 Exhibit A)(Sutton, Theresa) |
| Filing 60 STATUS REPORT filed by Plaintiffs 3F, Inc., Iron Angel, LLC, Francine Shulman. (Sutton, Theresa) |
| Filing 59 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 Order Granting Defendants' Motion to Compel Arbitration) (gk) |
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Filing 58
ORDER GRANTING DEFENDANTS' MOTION TO COMPEL ARBITRATION by Judge Andre Birotte Jr.: The Court GRANTS Defendants' Motion to Compel Arbitration #20 , GRANTS Houghton's Joinder in the Motion to Compel #24 , and STAYS this action IN ITS ENTIRETY "until such arbitration has been had in accordance with the terms of the agreement..." In addition, the Court DENIES as MOOT (1) Defendants' Motion to Dismiss #21 ; (2) Houghton's Joinder in the Motion to Dismiss #25 ; (3) Plaintiffs' Motion to Stay Arbitration #34 ; and (4) Houghton's Joinder in Opposition to Motion to Stay #40 . In order to permit the Court to monitor this action, the Court orders the parties to file periodic status reports. The first such report is to be filed on 2/28/2020, unless the stay is lifted sooner. Successive reports shall be filed every 120 days thereafter. Although all parties shall participate in the drafting of the joint reports, Plaintiffs shall be responsible for ensuring that the status reports are timely filed with the Court. IT IS HEREBY ORDERED that this action is removed from the Court's active caseload until further application by the parties or Order of this Court. (gk)
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| Filing 57 Notice of Appearance or Withdrawal of Counsel: for attorney Peter K Huston counsel for Plaintiffs 3F, Inc., Iron Angel, LLC, Francine Shulman. Stuart C. Plunkett is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff 3F, Inc.; Iron Angel, LLC; Francine Shulman. (Huston, Peter) |
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Filing 56
ORDER RE: JURY/COURT TRIAL: I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Jury Trial set for 12/15/2020 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference and Hearing on Motions In Limine set for 11/20/2020 11:00 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 7/17/2020. Non-Expert Discovery cut-off 8/5/2020. Last Date to Hear Motions 9/18/2020. Deadline to Complete Settlement Conference 9/25/2020. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by 10/23/2020. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 10/30/2020. See document for further details. (gk)
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Filing 55
ORDER/REFERRAL to ADR Procedure No 2 by Judge Andre Birotte Jr. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 9/25/2020. (cb)
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Filing 54
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the January 24, 2020, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 53 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiffs 3F, Inc., Iron Angel, LLC, Francine Shulman.. (Plunkett, Stuart) |
| Filing 52 TRANSCRIPT ORDER as to Plaintiff Iron Angel, LLC, Francine Shulman for Court Reporter. Court will contact Theresa Sutton at theresa.sutton@bakerbotts.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Sutton, Theresa) |
| Filing 51 MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: MIH Defendants' Motion to Compel Arbitration and to Stay Action Pending Arbitration #20 ; Joinder by Defendant Charles Houghton #24 ; MIH Defendants' Motion to Dismiss Plaintiffs' Complaint, Submitted in the Alternative to MIH Defendants' Motion to Compel Arbitration and to Stay Action Pending Arbitration #21 ; Joinder by Defendant Charles Houghton #25 ; Plaintiffs' Motion to Stay Arbitration #34 . The Courtroom Deputy Clerk distributes the Court's tentative rulings prior to the case being called. The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motions under submission. Court Reporter: Chia Mei Jui. (gk) |
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Filing 50
(IN CHAMBERS) ORDER CONTINUING 1) MIH DEFENDANTS' MOTION TO COMPEL ARBITRATION AND TO STAY ACTION PENDING ARBITRATION #20 ; JOINDER BY DEFENDANT CHARLES HOUGHTON #24 ; 2) MIH DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' COMPLAINT, SUBMITTED IN THE ALTERNATIVE TO MIH DEFENDANTS' MOTION TO COMPEL ARBITRATION AND STAY ACTION PENDING ARBITRATION #21 ; JOINDER BY DEFENDANT CHARLES HOUGHTON #25 ; 3) PLAINTIFFS' MOTION TO STAY ARBITRATION #34 by Judge Andre Birotte Jr.This Court, on its own motion, hereby CONTINUES the hearing date regarding these motions from November 8, 2019 to Friday, November 15, 2019 at 10:00 a.m. before Judge Andre Birotte Jr. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 49 RESPONSE filed by Plaintiffs 3F, Inc., Iron Angel, LLC, Francine Shulmanto Objection/Opposition (Motion related) #40 (Plunkett, Stuart) |
| Filing 48 REPLY reply NOTICE OF MOTION AND MOTION to Stay pending arbitration #34 filed by Plaintiffs 3F, Inc., Iron Angel, LLC. (Attachments: #1 Declaration Theresa Sutton ISO, #2 Exhibit 1, #3 Exhibit 2)(Plunkett, Stuart) |
| Filing 47 REPLY filed by Defendant Charles Houghton to Joinder (Motion Related) #24 (King, Julian) |
| Filing 46 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss #25 filed by Defendant Charles Houghton. (King, Julian) |
| Filing 45 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint #21 filed by Defendants Courtney Dorne, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc., Smoke Wallin. (Kimball, Julie) |
| Filing 44 DECLARATION of Julie Z. Kimball in support of REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Compel Arbitration #20 and Stay Pending Action filed by Defendants Courtney Dorne, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc., Smoke Wallin. (Kimball, Julie) |
| Filing 43 REPLY in support of NOTICE OF MOTION AND MOTION to Compel Arbitration #20 and Stay Pending Action filed by Defendants Courtney Dorne, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc., Smoke Wallin. (Kimball, Julie) |
| Filing 42 NOTICE of Change of Attorney Business or Contact Information: for attorney Elliot Siegel counsel for Defendant Charles Houghton. Changing address to 724 S. Spring Street, Suite 201, Los Angeles, CA 90014. Changing fax to 213-465-4803. Filed by Defendant Charles Houghton. (Siegel, Elliot) |
| Filing 41 NOTICE of Change of Attorney Business or Contact Information: for attorney Julian Burns King counsel for Defendant Charles Houghton. Changing address to 724 S. Spring Street, Ste. 201, Los Angeles, CA 90014. Changing fax to 213-465-4803. Filed by Defendant Charles Houghton. (King, Julian) |
| Filing 40 Opposition Joinder in Opposition re: NOTICE OF MOTION AND MOTION to Stay pending arbitration #34 filed by Defendant Charles Houghton. (King, Julian) |
| Filing 39 OPPOSITION to re: NOTICE OF MOTION AND MOTION to Stay pending arbitration #34 filed by Defendants Courtney Dorne, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc., Smoke Wallin. (Attachments: #1 Proposed Order)(Kimball, Julie) |
| Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance, #37 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. 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. (ak) |
| Filing 37 NOTICE of Appearance filed by attorney Karina A Smith on behalf of Plaintiffs 3F, Inc., Iron Angel, LLC, Francine Shulman (Attorney Karina A Smith added to party 3F, Inc.(pty:pla), Attorney Karina A Smith added to party Iron Angel, LLC(pty:pla), Attorney Karina A Smith added to party Francine Shulman(pty:pla))(Smith, Karina) |
| Filing 36 REQUEST FOR JUDICIAL NOTICE filed by Plaintiffs 3F, Inc., Iron Angel, LLC, Francine Shulman. (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, #15 Exhibit O)(Plunkett, Stuart) |
| Filing 35 OPPOSITION to NOTICE OF MOTION AND MOTION to Compel Arbitration #20 Opposition to MIH Defendants' Motion to Compel Arbitration and to Stay Action Pending Arbitration filed by Plaintiffs 3F, Inc., Iron Angel, LLC, Francine Shulman. (Attachments: #1 Declaration Stuart Plunkett ISO, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Proposed Order)(Plunkett, Stuart) |
| Filing 34 NOTICE OF MOTION AND MOTION to Stay pending arbitration filed by plaintiff 3F, Inc., Iron Angel, LLC, Francine Shulman. Motion set for hearing on 11/8/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum of Points and Authorities in Support of Plaintiffs' Motion to Stay Arbitration, #2 Proposed Order) (Plunkett, Stuart) |
| Filing 33 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint #21 Opposition to MIH Defendants' Motion to Dismiss Plaintiffs' Complaint filed by Plaintiffs 3F, Inc., Iron Angel, LLC, Francine Shulman. (Attachments: #1 Proposed Order)(Plunkett, Stuart) |
| Filing 32 RESPONSE filed by Plaintiffs 3F, Inc., Iron Angel, LLC, Francine Shulmanto Joinder (Motion Related) #24 Opposition to Defendant Charles Houghton's Joinder in Motion to Compel Arbitration (Attachments: #1 Proposed Order)(Plunkett, Stuart) |
| Filing 31 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss #25 Opposition to Defendant Charles Houghton's Joinder in Motion and Motion to Dismiss filed by Plaintiffs 3F, Inc., Iron Angel, LLC, Francine Shulman. (Attachments: #1 Proposed Order)(Plunkett, Stuart) |
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Filing 30
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 1/24/2020 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 29 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Defendant Charles Houghton's Notice of Joinder In Motion to Compel Arbitration #24 , Defendant Charles Houghton's Notice of Joinder in Motion and Motion to Dismiss #25 . The document is accepted as filed. The docket clerk will amend the docket entry text to reflect the correct title of the attached document. Any document, incorrectly filed in the future, will be stricken. (gk) |
| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss #25 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests > Joinder. The filer used the event, Applications/Ex Parte Applications/Motions/Petitions/Requests > Dismiss (cause or other), for docketing this filing. 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 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joinder (Motion Related) #24 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests > Joinder. The filer used the event, Responses/Replies/Other Motion Related Documents > Joinder (Motion Related), for docketing this filing. A motion-type event would prompt the filer to place the joinder on the judge's calendar for 11/8/2019 at 10:00 AM alongside the MIH Defendants' Motion. 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 26 Notice of Appearance or Withdrawal of Counsel: for attorney Elliot Siegel counsel for Defendant Charles Houghton. Adding Elliot J. Siegel as counsel of record for Charles Houghton for the reason indicated in the G-123 Notice. Filed by Defendant Charles Houghton. (Attorney Elliot Siegel added to party Charles Houghton(pty:dft))(Siegel, Elliot) |
| Filing 25 NOTICE of Joinder in MOTION AND MOTION to Dismiss #21 filed by Defendant Charles Houghton. Motion set for hearing on 11/8/2019 at 10:00 AM before Judge Andre Birotte Jr. (King, Julian) ** DOCKET TEXT MODIFIED PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 8/22/2019 #29 ** Modified on 8/22/2019 (gk). |
| Filing 24 JOINDER in NOTICE OF MOTION AND MOTION to Compel Arbitration #20 filed by Defendant Charles Houghton. (King, Julian) |
| Filing 23 NOTICE of Interested Parties filed by Defendant Charles Houghton, (King, Julian) |
| Filing 22 NOTICE of Appearance filed by attorney Julian Burns King on behalf of Defendant Charles Houghton (Attorney Julian Burns King added to party Charles Houghton(pty:dft))(King, Julian) |
| Filing 21 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint filed by Defendants Courtney Dorne, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc., Smoke Wallin. Motion set for hearing on 11/8/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Kimball, Julie) |
| Filing 20 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendants Courtney Dorne, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc., Smoke Wallin. Motion set for hearing on 11/8/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Leanne O. Vanecek, #3 Request for Judicial Notice, #4 Proposed Order) (Kimball, Julie) |
| Filing 19 NOTICE of Interested Parties filed by Defendants Courtney Dorne, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc., Smoke Wallin, (Kimball, Julie) |
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Filing 18
ORDER EXTENDING DEFENDANTS' TIME TO RESPOND TO INITIAL COMPLAINT BY MORE THAN 30 DAYS by Judge Andre Birotte Jr.: Upon Stipulation #17 , the Court HEREBY ORDERS that Defendants' last day to answer, move, or otherwise respond to the Complaint, including by filing any motion to compel arbitration, shall be extended to 8/20/2019, and all Defendants shall file on the same day. Plaintiffs will have 45 days to oppose Defendants' responsive pleadings. Defendants will have 20 days to reply to Plaintiffs' opposition papers. (gk)
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| Filing 17 Joint STIPULATION for Extension of Time to File Answer to August 19, 2019 re Complaint (Attorney Civil Case Opening), #1 filed by Defendants Courtney Dorne, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc., Smoke Wallin. (Attachments: #1 Proposed Order)(Attorney Julie Zankel Kimball added to party Courtney Dorne(pty:dft), Attorney Julie Zankel Kimball added to party Iron Angel II, LLC(pty:dft), Attorney Julie Zankel Kimball added to party Elyse Kaplan(pty:dft), Attorney Julie Zankel Kimball added to party Matt Kaplan(pty:dft), Attorney Julie Zankel Kimball added to party Robert Scott Kaplan(pty:dft), Attorney Julie Zankel Kimball added to party Todd Kaplan(pty:dft), Attorney Julie Zankel Kimball added to party Medical Investor Holdings LLC(pty:dft), Attorney Julie Zankel Kimball added to party Drew Milburn(pty:dft), Attorney Julie Zankel Kimball added to party NCAMBA9, Inc.(pty:dft), Attorney Julie Zankel Kimball added to party Jeff Silver(pty:dft), Attorney Julie Zankel Kimball added to party Vertical Wellness, Inc.(pty:dft), Attorney Julie Zankel Kimball added to party Smoke Wallin(pty:dft))(Kimball, Julie) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Iron Angel, LLC, Francine Shulman, 3F, Inc., upon Defendant Charles Houghton served on 6/25/2019, answer due 7/16/2019. Service of the Summons and Complaint were executed upon Charles Houghton, Self in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Plunkett, Stuart) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Iron Angel, LLC, Francine Shulman, 3F, Inc., upon Defendant Drew Milburn served on 6/26/2019, answer due 7/17/2019. Service of the Summons and Complaint were executed upon Carol Milburn, wife of Drew Milburn in compliance with Federal Rules of Civil Procedure by substituted service at home address and no service by mail was executed.Original Summons returned. (Plunkett, Stuart) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Iron Angel, LLC, Francine Shulman, 3F, Inc., upon Defendant Vertical Wellness, Inc. served on 6/25/2019, answer due 7/16/2019. Service of the Summons and Complaint were executed upon Robert Scott, Person In Charge, Vertical Wellness, INC. in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Plunkett, Stuart) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Iron Angel, LLC, Francine Shulman, 3F, Inc., upon Defendant Smoke Wallin served on 6/27/2019, answer due 7/18/2019. Service of the Summons and Complaint were executed upon Smoke Wallin in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Plunkett, Stuart) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Iron Angel, LLC, Francine Shulman, 3F, Inc., upon Defendant NCAMBA9, Inc. served on 6/25/2019, answer due 7/16/2019. Service of the Summons and Complaint were executed upon Robert Scott, Person in Charge, NCAMBA9, INC in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Plunkett, Stuart) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Iron Angel, LLC, Francine Shulman, 3F, Inc., upon Defendant Medical Investor Holdings LLC served on 6/25/2019, answer due 7/16/2019. Service of the Summons and Complaint were executed upon Robert Scott, Person in Charge, Medical Investor Holdings LLC dba Vertical Companies in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Plunkett, Stuart) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Iron Angel, LLC, Francine Shulman, 3F, Inc., upon Defendant Iron Angel II, LLC served on 6/25/2019, answer due 7/16/2019. Service of the Summons and Complaint were executed upon Robert Scott, Person in Charge, Iron Angel II, LLC in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Plunkett, Stuart) |
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Filing 9
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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| Filing 8 21 DAY Summons issued re Complaint #1 as to defendants Courtney Dorne, Charles Houghton, Iron Angel II, LLC, Elyse Kaplan, Matt Kaplan, Robert Scott Kaplan, Todd Kaplan, Medical Investor Holdings LLC, Drew Milburn, NCAMBA9, Inc., Jeff Silver, Vertical Wellness, Inc., Smoke Wallin. (esa) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Frederick F. Mumm. (esa) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff 3F, Inc., Iron Angel, LLC, Francine Shulman. (Plunkett, Stuart) |
| Filing 4 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by 3F, INC., Iron Angel, LLC, Francine Shulman. (Plunkett, Stuart) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff 3F, INC., Iron Angel, LLC, Francine Shulman, (Plunkett, Stuart) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs 3F, INC., Iron Angel, LLC, Francine Shulman. (Plunkett, Stuart) |
| Filing 1 COMPLAINT Receipt No: 0973-23958634 - Fee: $400, filed by Plaintiff Iron Angel, LLC, Francine Shulman, 3F, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Attorney Stuart C Plunkett added to party 3F, INC.(pty:pla), Attorney Stuart C Plunkett added to party Iron Angel, LLC(pty:pla), Attorney Stuart C Plunkett added to party Francine Shulman(pty:pla))(Plunkett, Stuart) |
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