Europa Eye Wear Corp. et al v. Kaizen Advisors, LLC et al
Europa Eye Wear Corp. |
Kaizen Advisors, LLC and AO Eyewear, Inc. |
Mr Alan McKinley |
2:2019cv05906 |
July 9, 2019 |
US District Court for the Central District of California |
Western Division - Los Angeles Office |
Cormac J Carney |
Steve Kim |
Fernando M Olguin |
Alicia G Rosenberg |
Contract: Other |
28 U.S.C. § 1332 |
None |
Docket Report
This docket was last retrieved on August 8, 2019. A more recent docket listing may be available from PACER.
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Filing 75 STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by Plaintiff Europa Eye Wear Corp.. (Attachments: #1 Proposed Order)(Cestero, Ricardo) |
Filing 74 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
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Filing 68 NOTICE of Related Case(s) filed by Defendant Kaizen Advisors, LLC. Related Case(s): 2:19-cv-1388 and 2:19-cv-5909 (Attachments: #1 Exhibit 1 - Europa Complaint, #2 Exhibit 2 - AO Cross-Complaint, #3 Exhibit 3 - Kaizen Complaint, #4 Exhibit 4 - McKinley Complaint)(Wang, Jennifer) |
Filing 67 NOTICE OF INTENT upon filing of the complaint by Judge Cormac J. Carney. Scheduling order to be issued on September 17, 2019. (gga) |
Filing 66 APPLICATION of Non-Resident Attorney Basileios Katris to Appear Pro Hac Vice on behalf of Plaintiff Europa Eye Wear Corp. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24103630) filed by Plaintiff Europa Eye Wear Corp.. (Attachments: #1 Proposed Order) (Cestero, Ricardo) |
Filing 65 REQUEST TO SUBSTITUTE ATTORNEY Ricardo P. Cestero in place of attorney Shepard Davidson filed by Plaintiff Europa Eye Wear Corp.. (Attachments: #1 Proposed Order) (Attorney Ricardo P Cestero added to party Europa Eye Wear Corp.(pty:pla)) (Cestero, Ricardo) |
Filing 64 APPLICATION of Non-Resident Attorney Andrew F. Caplan to Appear Pro Hac Vice on behalf of Defendant AO Eyewear, Inc. (Pro Hac Vice Fee - $400.00 Previously Paid on 7/16/2019, Receipt No. 0973-24092518) filed by Defendant AO Eyewear, Inc.. (Attachments: #1 Proposed Order Proposed Order on Pro Hac Vice Application) (Grant, Adam) |
Filing 63 Notice of Withdrawal of Motion to Appear Pro Hac Vice (G-64), #60 filed by Defendant AO Eyewear, Inc.. (Grant, Adam) |
Filing 62 Notice of Appearance or Withdrawal of Counsel: for attorney Adam D H Grant counsel for Defendant AO Eyewear, Inc.. Adding Ryan T. Koczara as counsel of record for AO Eyewear, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant AO Eyewear. (Grant, Adam) |
Filing 61 Notice of Appearance or Withdrawal of Counsel: for attorney Adam D H Grant counsel for Defendant AO Eyewear, Inc.. Adding Adam D.H. Grant as counsel of record for AO Eyewear, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant AO Eyewear. (Grant, Adam) |
Filing 60 APPLICATION of Non-Resident Attorney Andrew F. Caplan to Appear Pro Hac Vice on behalf of Defendant AO Eyewear, Inc., Consol Plaintiff Alan McKinley (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24092518) filed by Defendant AO Eyewear, Inc., Alan McKinley. (Attachments: #1 Proposed Order Proposed Order on Pro Hac Vice Application) (Attorney Adam D H Grant added to party AO Eyewear, Inc.(pty:dft), Attorney Adam D H Grant added to party Alan McKinley(pty:conpla)) (Grant, Adam) |
Filing 59 NOTICE of Appearance filed by attorney Jennifer C Wang on behalf of Defendant Kaizen Advisors, LLC (Wang, Jennifer) |
Filing 58 NOTICE of Appearance filed by attorney Jennifer C Wang on behalf of Defendant Kaizen Advisors, LLC (Wang, Jennifer) |
Filing 57 RESPONSE filed by Pro Hac Vice attorney John J Tumilty on behalf of Cross Defendants, Defendant and Consol Defendant Kaizen Advisors, LLC. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
Filing 56 RESPONSE filed by Pro Hac Vice attorney Amanda R Phillips on behalf of Cross Defendants, Defendant and Consol Defendant Kaizen Advisors, LLC. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
Filing 55 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney John J Tumilty. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
Filing 54 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Amanda R. Phillips. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
Filing 53 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Laura Lee Mittelman. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
Filing 52 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Basileios Katris. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
Filing 51 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Shepard Davidson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
Filing 50 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael P. Twohig. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
Filing 49 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Andrew F Caplan. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) |
Filing 45 ORIGINAL file, certified copy of transfer order and docket sheet received from Massachusetts |
Filing 48 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
Filing 47 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Alicia G. Rosenberg. (car) |
Filing 46 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 4:19-cv-40022-TSH, from United States District Court District of Massachusetts (Worcester). The above-referenced case has been transferred to this district and assigned the above civil case number 2:19-cv-05906-CJC-AGRx. (car) |
Filing 44 Case electronically transferred to the District of California;. Associated Cases: 4:19-cv-40022-TSH, 4:19-cv-40024-TSH(Castles, Martin) Modified on 7/9/2019 (Jones, Sherry). [Transferred from Massachusetts on 7/10/2019.] |
Filing 43 District Judge Timothy S. Hillman: ORDER AND MEMORANDUM entered granting (38) Motion to Dismiss for Failure to State a Claim or alternatively, transfer; granting (28) Motion to Dismiss for Failure to State a Claim or alternatively, transfer in case 4:19-cv-40022-TSH; and granting (11) Motion to Dismiss for Failure to State a Claim or alternatively, transfer in case 4:19-cv-40024-TSH. For the reasons stated above, KZAs motions are granted. Accordingly, it is ordered that this case be transferred to the Central District of California. Associated Cases: 4:19-cv-40022-TSH, 4:19-cv-40024-TSH(Castles, Martin) [Transferred from Massachusetts on 7/10/2019.] |
Filing 42 Opposition re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by AO Eyewear, Inc.. (Caplan, Andrew) [Transferred from Massachusetts on 7/10/2019.] |
Filing 41 REPLY to Response to #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kaizen Advisors, LLC, Kaizen Advisors, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Tumilty, John) [Transferred from Massachusetts on 7/10/2019.] |
Filing 40 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #37 Motion for Leave to File. (Castles, Martin) [Transferred from Massachusetts on 7/10/2019.] |
Filing 39 MEMORANDUM in Support re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kaizen Advisors, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Tumilty, John) [Transferred from Massachusetts on 7/10/2019.] |
Filing 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Kaizen Advisors, LLC.(Tumilty, John) [Transferred from Massachusetts on 7/10/2019.] |
Filing 37 MOTION for Leave to File Consolidated Reply Memorandum in Support of Motions to Dismiss, or Alternatively to Transfer Venue by Kaizen Advisors, LLC, Kaizen Advisors, LLC. (Attachments: #1 Exhibit A)(Tumilty, John) [Transferred from Massachusetts on 7/10/2019.] |
Filing 36 ANSWER to #27 Amended Complaint , CROSSCLAIM against Kaizen Advisors, LLC by AO Eyewear, Inc.. (Attachments: #1 Exhibit Exh A, #2 Exhibit Exh B)(Caplan, Andrew) [Transferred from Massachusetts on 7/10/2019.] |
Filing 35 Opposition re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by AO Eyewear, Inc., Alan McKinley. (Attachments: #1 Exhibit Exh A - ECF Notice)(Caplan, Andrew) [Transferred from Massachusetts on 7/10/2019.] |
Filing 34 Opposition re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Europa Eye Wear Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mittelman, Laura) [Transferred from Massachusetts on 7/10/2019.] |
Filing 33 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting (14) Motion for Extension of Time to File Response re (11 in 4:19-cv-40024-TSH) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 4/3/2019) Associated Cases: 4:19-cv-40024-TSH, 4:19-cv-40022-TSH(Castles, Martin) [Transferred from Massachusetts on 7/10/2019.] |
Filing 32 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered finding as moot #25 Motion to Dismiss for Failure to State a Claim. A motion to dismiss the Amended Complaint has been filed. (Castles, Martin) [Transferred from Massachusetts on 7/10/2019.] |
Filing 31 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. ORDER consolidating cases 19-cv-40022-TSH and 4:19-cv-40024-TSH.Associated Cases: 4:19-cv-40022-TSH, 4:19-cv-40024-TSH(Castles, Martin) [Transferred from Massachusetts on 7/10/2019.] |
Filing 30 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting (13) Motion to Consolidate Cases in case 4:19-cv-40022-TSH. Associated Cases: 4:19-cv-40022-TSH, 4:19-cv-40024-TSH(Castles, Martin) [Transferred from Massachusetts on 7/10/2019.] |
Filing 29 MEMORANDUM in Support re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kaizen Advisors, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Tumilty, John) [Transferred from Massachusetts on 7/10/2019.] |
Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Kaizen Advisors, LLC.(Tumilty, John) [Transferred from Massachusetts on 7/10/2019.] |
Filing 27 AMENDED COMPLAINT against All Defendants, filed by Europa Eye Wear Corp.. (Attachments: #1 Exhibit A)(Mittelman, Laura) [Transferred from Massachusetts on 7/10/2019.] |
Filing 26 MEMORANDUM in Support re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kaizen Advisors, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Tumilty, John) [Transferred from Massachusetts on 7/10/2019.] |
Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Kaizen Advisors, LLC.(Tumilty, John) [Transferred from Massachusetts on 7/10/2019.] |
Filing 24 ELECTRONIC NOTICE of Case Re-Assignment. District Judge Timothy S. Hillman assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge David H. Hennessy. (Finn, Mary) [Transferred from Massachusetts on 7/10/2019.] |
Filing 22 Refusal to Consent to Proceed Before a US Magistrate Judge. . (Mittelman, Laura) [Transferred from Massachusetts on 7/10/2019.] |
Filing 23 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #16 Motion for Extension of Time to Answer; Kaizen Advisors, LLC answer due 3/5/2019. (Belpedio, Lisa) [Transferred from Massachusetts on 7/10/2019.] |
Filing 21 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (Burgos, Sandra) [Transferred from Massachusetts on 7/10/2019.] |
Filing 20 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #18 Motion for Leave to Appear Pro Hac Vice Added Jennifer C. Wang. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Burgos, Sandra) [Transferred from Massachusetts on 7/10/2019.] |
Filing 19 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #17 Motion for Leave to Appear Pro Hac Vice Added Christopher A. Lilly. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Burgos, Sandra) [Transferred from Massachusetts on 7/10/2019.] |
Filing 18 MOTION for Leave to Appear Pro Hac Vice for admission of Jennifer C. Wang Filing fee: $ 100, receipt number 0101-7558256 by Kaizen Advisors, LLC. (Attachments: #1 Affidavit)(Tumilty, John) [Transferred from Massachusetts on 7/10/2019.] |
Filing 17 MOTION for Leave to Appear Pro Hac Vice for admission of Christopher A. Lilly Filing fee: $ 100, receipt number 0101-7558253 by Kaizen Advisors, LLC. (Attachments: #1 Affidavit)(Tumilty, John) [Transferred from Massachusetts on 7/10/2019.] |
Filing 16 Assented to MOTION for Extension of Time to March 5, 2019 to respond to Complaint and Crossclaim by Kaizen Advisors, LLC.(Tumilty, John) Modified on 2/27/2019 (Burgos, Sandra). [Transferred from Massachusetts on 7/10/2019.] |
Filing 15 NOTICE of Appearance by Amanda R. Phillips on behalf of Kaizen Advisors, LLC (Phillips, Amanda) [Transferred from Massachusetts on 7/10/2019.] |
Filing 14 NOTICE of Appearance by John J. Tumilty on behalf of Kaizen Advisors, LLC (Tumilty, John) [Transferred from Massachusetts on 7/10/2019.] |
Filing 13 Assented to MOTION to Consolidate Cases by AO Eyewear, Inc..(Caplan, Andrew) [Transferred from Massachusetts on 7/10/2019.] |
Filing 12 ANSWER to #1 Complaint, by AO Eyewear, Inc..(Caplan, Andrew) [Transferred from Massachusetts on 7/10/2019.] |
Filing 11 AFFIDAVIT OF SERVICE Executed by Europa Eye Wear Corp.. Kaizen Advisors, LLC served on 2/5/2019, answer due 2/26/2019. Acknowledgement filed by Europa Eye Wear Corp.. (Mittelman, Laura) [Transferred from Massachusetts on 7/10/2019.] |
Filing 10 AFFIDAVIT OF SERVICE Executed by Europa Eye Wear Corp.. AO Eyewear, Inc. served on 1/30/2019, answer due 2/20/2019. Acknowledgement filed by Europa Eye Wear Corp.. (Mittelman, Laura) [Transferred from Massachusetts on 7/10/2019.] |
Filing 9 Summons Issued as to AO Eyewear, Inc., Kaizen Advisors, LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) [Transferred from Massachusetts on 7/10/2019.] |
Filing 8 CROSSCLAIM against Kaizen Advisors, LLC, filed by AO Eyewear, Inc.. (Attachments: #1 Exhibit Exh A LOI Termination Notice, #2 Exhibit Exh B Kaizen Demand)(Caplan, Andrew) [Transferred from Massachusetts on 7/10/2019.] |
Filing 7 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #5 Motion for Leave to Appear Pro Hac Vice Added Basileios Katris. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Burgos, Sandra) [Transferred from Massachusetts on 7/10/2019.] |
Filing 6 NOTICE of Case Assignment. Magistrate Judge David H. Hennessy assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Burgos, Sandra) [Transferred from Massachusetts on 7/10/2019.] |
Filing 5 MOTION for Leave to Appear Pro Hac Vice for admission of Basileios Katris Filing fee: $ 100, receipt number 0101-7510167 by Europa Eye Wear Corp.. (Attachments: #1 Exhibit Certificate)(Davidson, Shepard) [Transferred from Massachusetts on 7/10/2019.] |
Filing 4 CORPORATE DISCLOSURE STATEMENT by Europa Eye Wear Corp.. (Davidson, Shepard) [Transferred from Massachusetts on 7/10/2019.] |
Filing 3 NOTICE of Appearance by Shepard Davidson on behalf of Europa Eye Wear Corp. (Davidson, Shepard) [Transferred from Massachusetts on 7/10/2019.] |
Filing 2 NOTICE of Appearance by Laura Lee Mittelman on behalf of Europa Eye Wear Corp. (Mittelman, Laura) [Transferred from Massachusetts on 7/10/2019.] |
Filing 1 COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7510122 (Fee Status: Filing Fee paid), filed by Europa Eye Wear Corp.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Civil Cover Sheet)(Mittelman, Laura) [Transferred from Massachusetts on 7/10/2019.] |
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