Tosh Berman v. McLaren Automotive, Inc. et al
Plaintiff: Tosh Berman and White Fox, LLC
Defendant: McLaren Automotive, Inc. and Does 1 through 100, inclusive
Case Number: 2:2019cv05808
Filed: July 5, 2019
Court: US District Court for the Central District of California
Presiding Judge: Andre Birotte
Referring Judge: Jean P Rosenbluth
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 27, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 29, 2019 Opinion or Order Filing 18 MINUTES (IN CHAMBERS) ORDER GRANTING MOTION CHALLENGING PLAINTIFF'S CAPACITY AND STAYING CASE FOR 30 DAYS by Judge Andre Birotte Jr.: The Court GRANTS Defendant McLaren Automotive Inc.'s Motion to Dismiss First Amended Complaint #15 but STAYS this action for 30 days to allow White Fox LLC to cure the above-referenced deficiencies in its legal capacity. Within 30 days of the issuance of this order, White Fox LLC must file a Notice of Compliance confirming its completed registration and full compliance with California's registration requirements. The Notice must include both an explanation of that compliance along with documentation of it. Within 10 days thereafter, Defendant may file a Response if it wishes to challenge White Fox's compliance. If White Fox LLC fails to file the required notice by the deadline, the case will be dismissed without further notice. The Court also urges the parties to seek to expeditiously resolve this lemon law matter instead of mounting the additional costs of protracted federal litigation. See document for further details. Court Reporter: N/A. (gk)
August 16, 2019 Filing 17 REPLY to Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Complaint #15 filed by Defendant McLaren Automotive, Inc.. (Cosgrove, Ryan)
August 8, 2019 Filing 16 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Complaint #15 filed by Plaintiff White Fox, LLC. (Rose, Adam)
August 2, 2019 Filing 15 NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Complaint filed by Defendant McLaren Automotive, Inc.. Motion set for hearing on 8/30/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Ryan E. Cosgrove in Support of Defendant's Motion to Dismiss First Amended Complaint, #2 Request for Judicial Notice In Support of Defendant's Motion to Dismiss First Amended Complaint) (Cosgrove, Ryan)
July 26, 2019 Filing 14 CERTIFICATE of Interested Parties filed by plaintiff White Fox, LLC, identifying Tosh Berman. (Rose, Adam)
July 26, 2019 Filing 13 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: First Amended Complaint filed 7/19/2019 #10 . Per Local Rule 7.1-1, counsel shall immediately file the Certificate of Interested Parties. (gk)
July 25, 2019 Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #10 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. 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)
July 23, 2019 Opinion or Order Filing 11 (IN CHAMBERS) ORDER DEEMING DEFENDANT MCLAREN AUTOMOTIVE, INC.'S MOTION TO DISMISS COMPLAINT AS MOOT (Dkt. No. #7 ) by Judge Andre Birotte Jr.: In light of the First Amended Complaint (Dkt. No. #10 ), Defendants Motion to Dismiss is DENIED as MOOT, and the hearing scheduled for August 9, 2019, is hereby VACATED. IT IS SO ORDERED. (cb)
July 19, 2019 Filing 10 FIRST AMENDED COMPLAINT against Defendant Does, McLaren Automotive, Inc. amending Complaint - (Discovery), filed by plaintiff White Fox, LLC(Attorney Robert L Starr added to party White Fox, LLC(pty:pla))(Starr, Robert)
July 19, 2019 Opinion or Order Filing 9 ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 11/15/2019 at 10:00 AM before Judge Andre Birotte Jr. (cb)
July 17, 2019 Filing 8 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other), #7 . 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 > Dismiss Case. The filer used the event, Notice (Other), for docketing this filing. As only a motion-type event will prompt the filer to set a hearing, the noticed date of 8/9/2019 at 10:00 AM was not set. For this one-time only, clerk shall convert the docketing event, and place this matter on calendar for 8/9/2019. 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)
July 12, 2019 Filing 7 NOTICE of Motion and Motion to Dismiss Complaint; Memorandum of Points and Authorities In Support filed by Defendant McLaren Automotive, Inc.. (Attachments: #1 Request for Judicial Notice in Support of Defendant's Motion to Dismiss Complaint, #2 Declaration of Ryan E. Cosgrove in Support of Defendant's Motion to Dismiss Complaint)(Cosgrove, Ryan) Modified on 7/17/2019 (gk).
July 11, 2019 Opinion or Order Filing 6 STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
July 5, 2019 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
July 5, 2019 Filing 4 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Jean P. Rosenbluth. (esa)
July 5, 2019 Filing 3 Certification and Notice of Interested Parties filed by Defendant McLaren Automotive, Inc., identifying MCLAREN FINANCE, PLC. (Cosgrove, Ryan)
July 5, 2019 Filing 2 CIVIL COVER SHEET filed by Defendant McLaren Automotive, Inc.. (Cosgrove, Ryan)
July 5, 2019 Filing 1 NOTICE OF REMOVAL from Superior Court of California, Los Angeles, case number 19STCV19406 Receipt No: 0973-24035646 - Fee: $400, filed by Defendant McLaren Automotive, Inc.. (Attachments: #1 Exhibit A to Notice of Removal (Complaint), #2 Exhibit B of Notice of removal (CA Sec of State Page), #3 Exhibit C of Notice of Removal (Purchase Agmt)) (Attorney Ryan E Cosgrove added to party McLaren Automotive, Inc.(pty:dft))(Cosgrove, Ryan)
July 5, 2019 CONFORMED COPY OF COMPLAINT against defendants Does, McLaren Automotive, Inc., filed by plaintiff Tosh Berman. (Filed in state court 6/3/19, submitted as document 1, attachment 1) (esa)
July 5, 2019 COPY OF SERVICE OF PROCESS TRANSMITTAL executed by Plaintiff Tosh Berman, upon Defendant McLaren Automotive, Inc. served on 6/7/2019. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Process of Service by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (non-conformed, submitted as document 1, attachment 1) (esa)

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Defendant: McLaren Automotive, Inc.
Represented By: Ryan E Cosgrove
Represented By: Lisa Marie Gibson
Represented By: Shawtina Ferguson Lewis
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Defendant: Does 1 through 100, inclusive
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Plaintiff: Tosh Berman
Represented By: Adam Morris Rose
Represented By: Robert L Starr
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Plaintiff: White Fox, LLC
Represented By: Adam Morris Rose
Represented By: Robert L Starr
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