Alan McKinley v. Kaizen Advisors, LLC
| Mr Alan McKinley |
| Kaizen Advisors, LLC |
| 2:2019cv05909 |
| July 9, 2019 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Paul L Abrams |
| Steve Kim |
| Fernando M Olguin |
| Christina A Snyder |
| Other Fraud |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on August 9, 2019. A more recent docket listing may be available from PACER.
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Filing 42
ORDER RE STIPULATION #41 OF DISMISSAL WITHOUT PREJUDICE by Judge Fernando M. Olguin. This action be dismissed without prejudice, including all claims, cross-claims and counterclaims. Each party is to bear its own costs and fees in connection with this action. Case Terminated. Made JS-6. (iv)
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| Filing 41 STIPULATION to Dismiss Case pursuant to will be filing same claims in an existing CA case [2:19-cv-01388 FMO (SKx) filed by Plaintiff Alan McKinley. (Attachments: #1 Proposed Order re Stipulation of Dismissal with Prejudice)(Grant, Adam) |
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Filing 40
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: GRANTING #29 Non-Resident Attorney Andrew F. Caplan APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Alan McKinley, designating Adam D. H. Grant as local counsel. (lt)
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| Filing 39 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 38
MINUTES (IN CHAMBERS) ORDER RE: CONSOLIDATION by Judge Fernando M. Olguin. *See Order for dates and deadlines.* (iv)
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Filing 37
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:19-cv-01388 FMO(SKx). Case transferred from Magistrate Judge Paul L. Abrams and Judge George H. Wu to Judge Fernando M. Olguin and Magistrate Judge Steve Kim for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-05909 FMO(SKx). Signed by Judge Fernando M. Olguin (rn)
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| Filing 35 NOTICE of Related Case(s) filed by Defendant Kaizen Advisors, LLC. Related Case(s): 2:19-cv-5906 and 2:19-cv-1388 (Attachments: #1 Exhibit 1 - Europa Complaint, #2 Exhibit 2 - AO Cross-Complaint, #3 Exhibit 3 - Kaizen Complaint, #4 Exhibit 4 - McKinley Complaint)(Wang, Jennifer) |
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Filing 36
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Christina A. Snyder to Judge George H. Wu for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-05909 GW(PLAx). (rn)
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| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #27 , Notice of Appearance #28 . 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 33 RESPONSE filed by Pro Hac Vice attorney John J Tumilty on behalf of 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 32 RESPONSE filed by Pro Hac Vice attorney Amanda R Phillips on behalf of 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 31 Notice of Appearance or Withdrawal of Counsel: for attorney Adam D H Grant counsel for Plaintiff Alan McKinley. Adding Ryan T. Koczara as counsel of record for Alan McKinley for the reason indicated in the G-123 Notice. Filed by Plaintiff Alan McKinley. (Grant, Adam) |
| Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney Adam D H Grant counsel for Plaintiff Alan McKinley. Adding Adam D.H. Grant as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Alan McKinley. (Grant, Adam) |
| Filing 29 APPLICATION of Non-Resident Attorney Andrew F. Caplan to Appear Pro Hac Vice on behalf of Plaintiff Alan McKinley (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24093411) filed by Plaintiff Alan McKinley. (Attachments: #1 Proposed Order Proposed Order on Pro Hac Vice Application) (Attorney Adam D H Grant added to party Alan McKinley(pty:pla)) (Grant, Adam) |
| Filing 28 NOTICE of Appearance filed by attorney Jennifer C Wang on behalf of Defendant Kaizen Advisors, LLC (Wang, Jennifer) |
| Filing 27 NOTICE of Appearance filed by attorney Jennifer C Wang on behalf of Defendant Kaizen Advisors, LLC (Attorney Jennifer C Wang added to party Kaizen Advisors, LLC (pty:dft))(Wang, Jennifer) |
| Filing 26 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. (lh) |
| Filing 24 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. (lh) |
| Filing 20 ORIGINAL file, certified copy of transfer order and docket sheet received from Massachusetts |
| Filing 25 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. (lh) |
| Filing 23 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 22 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Paul L. Abrams. (lh) |
| Filing 21 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 4:19-cv-40024-TSH, from U.S. 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-05909-CAS (PLAx). (lh) |
| Filing 19 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 18 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 17 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 16 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 15 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 14 Assented to MOTION for Extension of Time to April 3, 2019 to oppose Kaizen's motion to dismiss or transfer venue by Alan McKinley.(Caplan, Andrew) Modified on 3/26/2019 (Castles, Martin). [Transferred from Massachusetts on 7/10/2019.] |
| Filing 13 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #8 Motion for Extension of Time to Answer. Kaizen Advisors, LLC answer due 3/5/2019. (Castles, Martin) [Transferred from Massachusetts on 7/10/2019.] |
| Filing 12 MEMORANDUM in Support re #11 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, #5 Exhibit 5)(Tumilty, John) [Transferred from Massachusetts on 7/10/2019.] |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Kaizen Advisors, LLC.(Tumilty, John) [Transferred from Massachusetts on 7/10/2019.] |
| Filing 10 ELECTRONIC NOTICE of Case Reassignment. 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. (Danieli, Chris) [Transferred from Massachusetts on 7/10/2019.] |
| Filing 9 Refusal to Consent to Proceed Before a US Magistrate Judge. . (Caplan, Andrew) [Transferred from Massachusetts on 7/10/2019.] |
| Filing 8 Assented to MOTION for Extension of Time to March 5, 2019 to Respond to the Complaint by Kaizen Advisors, LLC.(Tumilty, John) Modified on 2/28/2019 (Burgos, Sandra). [Transferred from Massachusetts on 7/10/2019.] |
| Filing 7 NOTICE of Appearance by Amanda R. Phillips on behalf of Kaizen Advisors, LLC (Phillips, Amanda) [Transferred from Massachusetts on 7/10/2019.] |
| Filing 6 NOTICE of Appearance by John J. Tumilty on behalf of Kaizen Advisors, LLC (Tumilty, John) [Transferred from Massachusetts on 7/10/2019.] |
| Filing 5 AFFIDAVIT OF SERVICE Executed by Alan McKinley. Kaizen Advisors, LLC served on 2/6/2019, answer due 2/27/2019. Acknowledgement filed by Alan McKinley. (Caplan, Andrew) [Transferred from Massachusetts on 7/10/2019.] |
| Filing 4 Summons Issued as to 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. (Burgos, Sandra) [Transferred from Massachusetts on 7/10/2019.] |
| Filing 3 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. (Finn, Mary) [Transferred from Massachusetts on 7/10/2019.] |
| Filing 2 Civil Cover Sheet & Category Sheet by Alan McKinley. (Attachments: #1 Civil Cover Sheet Category Sheet)(Caplan, Andrew) [Transferred from Massachusetts on 7/10/2019.] |
| Filing 1 COMPLAINT against Kaizen Advisors, LLC Filing fee: $ 400, receipt number 0101-7515505 (Fee Status: Filing Fee paid), filed by Alan McKinley. (Attachments: #1 Exhibit Exh A LOI Termination Notice, #2 Exhibit Exh B Kaizen Demand)(Caplan, Andrew) [Transferred from Massachusetts on 7/10/2019.] |
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