Seth Shapiro v. AT&T Mobility, LLC
Plaintiff: Seth Shapiro
Defendant: AT&T Mobility LLC, AT&T Inc. and AT&T Mobility, LLC
Case Number: 2:2019cv08972
Filed: October 17, 2019
Court: US District Court for the Central District of California
Presiding Judge: Consuelo B Marshall
Referring Judge: Frederick F Mumm
Nature of Suit: Other Statutory Actions
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2020 Opinion or Order Filing 44 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge Consuelo B. Marshall: granting #43 Request to Substitute Attorney Christopher Grivakes as attorney of record instead of Attorneys Andrew Emilio Calderon and John Mark Pierce for Seth Shapiro. (lom)
August 10, 2020 Filing 43 REQUEST TO SUBSTITUTE ATTORNEY Christopher Grivakes in place of attorney John M. Pierce filed by Plaintiff Seth Shapiro. (Attachments: #1 Proposed Order [Proposed] Order on Request for Approval of Substitution or Withdrawal of Attorney) (Attorney Christopher Grivakes added to party Seth Shapiro(pty:pla)) (Grivakes, Christopher)
July 27, 2020 Opinion or Order Filing 42 MINUTES IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: The Court finds that defendant's motion to dismiss #37 , and currently set for hearing on July 28, 2020, is appropriate for decision without oral argument. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary on July 28, 2020. A written order will issue. IT IS SO ORDERED. (shb)
July 14, 2020 Filing 41 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case (Counts III and VI); Memorandum of Points and Authorities in Support Thereof #37 filed by Defendant AT&T Mobility, LLC. (Johnson, Ashley)
July 7, 2020 Filing 40 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case (Counts III and VI); Memorandum of Points and Authorities in Support Thereof #37 filed by Plaintiff Seth Shapiro. (Pierce, John)
July 7, 2020 Filing 39 REQUEST FOR JUDICIAL NOTICE in Support of Plaintiff's Opposition to Defendant AT&T's Motion to Dismiss the Amended Complaint filed by Plaintiff Seth Shapiro. (Attachments: #1 Exhibit 1 to Request for Judicial Notice)(Pierce, John)
June 26, 2020 Filing 38 DECLARATION of Ashley E. Johnson in support of NOTICE OF MOTION AND MOTION to Dismiss Case (Counts III and VI); Memorandum of Points and Authorities in Support Thereof #37 filed by Defendant AT&T Mobility, LLC. (Attachments: #1 Exhibit A)(McRae, Marcellus)
June 26, 2020 Filing 37 NOTICE OF MOTION AND MOTION to Dismiss Case (Counts III and VI); Memorandum of Points and Authorities in Support Thereof filed by Defendant AT&T Mobility, LLC. Motion set for hearing on 7/28/2020 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Proposed Order) (McRae, Marcellus)
June 22, 2020 Filing 36 STIPULATION to Clarify Deadline for Answer to FAC in Light of Partial MTD, Re: Amended Complaint/Petition, #33 , filed by Defendant AT&T Mobility, LLC.(Johnson, Ashley)
June 8, 2020 Opinion or Order Filing 35 ORDER by Judge Consuelo B. Marshall GRANTING Stipulation for Extension of Time to File Answer to Complaint, #34 . IT IS ORDERED that the deadline for AT & T to respond to Mr. Shapiro's Complaint is June 26, 2020. (shb)
June 5, 2020 Filing 34 Joint STIPULATION for Extension of Time to File Answer to Amended Complaint filed by Defendant AT&T Mobility, LLC. (Attachments: #1 Proposed Order)(Johnson, Ashley)
May 29, 2020 Filing 33 FIRST AMENDED COMPLAINT against Defendant AT&T Mobility, LLC amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Seth Shapiro (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)(Pierce, John)
May 18, 2020 Opinion or Order Filing 32 ORDER RE: DEFENDANTS MOTION TO DISMISS THE COMPLAINT #21 by Judge Consuelo B. Marshall: Accordingly, the Court GRANTS IN PART and DENIES IN PART. To the extent Plaintiff seeks to amend the Complaint to plead additional facts addressing the deficiencies set forth in this Order, Plaintiff may file an amended complaint no later than May 29, 2020. IT IS SO ORDERED. (See Order for further details) (yl)
April 23, 2020 Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Thomas D Warren counsel for Plaintiff Seth Shapiro. Thomas D. Warren 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 Seth Shapiro. (Warren, Thomas)
April 20, 2020 Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney John Mark Pierce counsel for Plaintiff Seth Shapiro. Adding John M. Pierce as counsel of record for Plaintiff Seth Shapiro for the reason indicated in the G-123 Notice. Filed by Plaintiff Seth Shapiro. (Attorney John Mark Pierce added to party Seth Shapiro(pty:pla))(Pierce, John)
April 3, 2020 Filing 29 Notice of Appearance or Withdrawal of Counsel: for attorney Thomas D Warren counsel for Plaintiff Seth Shapiro. Dwayne D. Sam 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 Seth Shapiro. (Warren, Thomas)
February 18, 2020 Filing 28 MINUTES OF HEARING RE DEFENDANT'S MOTION TO DISMISS #21 held before Judge Consuelo B. Marshall: The case is called and counsel state their appearance. The Court and counsel confer. Following discussions with the parties, the Court will take the motion under submission and a written order will issue. Court Reporter: Laura Elias. (shb)
January 22, 2020 Filing 27 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof #21 filed by Defendant AT&T Mobility, LLC. (McRae, Marcellus)
January 17, 2020 Opinion or Order Filing 26 ORDER by Judge Consuelo B. Marshall: GRANTING #25 Non-Resident Attorney Ashley E. Johnson APPLICATION to Appear Pro Hac Vice on behalf of Defendant, AT&T Mobility, LLC, designating Marcellus A. McRae as local counsel. (shb)
January 14, 2020 Filing 25 APPLICATION of Non-Resident Attorney Ashley E. Johnson to Appear Pro Hac Vice on behalf of Defendant AT&T Mobility, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25123887) filed by Defendant AT&T Mobility, LLC. (Attachments: #1 Proposed Order) (McRae, Marcellus)
January 8, 2020 Filing 24 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof #21 filed by Plaintiff Seth Shapiro. (Warren, Thomas)
December 17, 2019 Opinion or Order Filing 23 MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: Counsel are hereby notified that pursuant to the Judge's directive, the Joint Stipulation to set #22 plaintiff's time to file an opposition to defendant's motion and set defendant's time to reply to plaintiff's opposition is GRANTED. (shb)
December 14, 2019 Filing 22 Joint STIPULATION to Reset filed by Defendant AT&T Mobility, LLC.(McRae, Marcellus)
December 6, 2019 Filing 21 NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof filed by Defendant AT&T Mobility, LLC. Motion set for hearing on 2/18/2020 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Proposed Order) (McRae, Marcellus)
December 6, 2019 Filing 20 NOTICE of Interested Parties filed by Defendant AT&T Mobility, LLC, identifying AT&T Inc.. (McRae, Marcellus)
November 27, 2019 Opinion or Order Filing 19 ORDER by Judge Consuelo B. Marshall: GRANTING #14 Non-Resident Attorney Dwayne D. Sam APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Seth Shapiro, designating Thomas D. Warren as local counsel. (shb)
November 4, 2019 Filing 18 STIPULATION Extending Time to Answer the complaint as to AT&T Mobility LLC answer now due 12/6/2019, filed by Defendant AT&T Mobility LLC.(Attorney Marcellus A McRae added to party AT&T Mobility LLC(pty:dft))(McRae, Marcellus)
November 4, 2019 Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Consent to Proceed (CV-11C) DECLINED before US Magistrate Judge Direct Assignment Program #16 . The following error(s) was/were found: Other error(s) with document(s): The filing of a Declination Statement of Consent to Proceed before a Magistrate Judge only applies to cases. 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. (rn)
November 1, 2019 Filing 16 DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiff Seth Shapiro. (Warren, Thomas)
October 28, 2019 Filing 15 PROOF OF SERVICE Executed by Plaintiff Seth Shapiro, upon Defendant AT&T Mobility LLC served on 10/25/2019, answer due 11/15/2019. Service of the Summons and Complaint were executed upon Gabriela Sanchez, Intake Specialist, CT Corporation, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Warren, Thomas)
October 25, 2019 Filing 14 APPLICATION of Non-Resident Attorney Dwayne D. Sam to Appear Pro Hac Vice on behalf of Plaintiff Seth Shapiro (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24669496) filed by Plaintiff Seth Shapiro. (Attachments: #1 [Proposed] Order) (Warren, Thomas)
October 23, 2019 Opinion or Order Filing 13 STANDING ORDER upon filing of the complaint by Judge Consuelo B. Marshall. READ THIS ORDER CAREFULLY. It controls this case and may differ in some respects from the Local Rules. (ys)
October 23, 2019 Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant AT&T Mobility LLC. (shb)
October 22, 2019 Opinion or Order Filing 11 ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 19-03 by Judge Christina A. Snyder. Case transferred from Judge Christina A. Snyder to the calendar of Judge Consuelo B. Marshall for all further proceedings. Case number now reads as 2:19-cv-08972 CBM(FFMx). (rn)
October 22, 2019 Filing 10 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Seth Shapiro. (Warren, Thomas)
October 21, 2019 Filing 9 NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (jtil)
October 21, 2019 Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Dwayne D. Sam. 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. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil)
October 18, 2019 Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
October 18, 2019 Filing 6 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Frederick F. Mumm. (jtil)
October 17, 2019 Filing 5 NOTICE of Appearance filed by attorney Andrew Emilio Calderon on behalf of Plaintiff Seth Shapiro (Attorney Andrew Emilio Calderon added to party Seth Shapiro(pty:pla))(Calderon, Andrew)
October 17, 2019 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Seth Shapiro. (Warren, Thomas)
October 17, 2019 Filing 3 NOTICE of Interested Parties filed by Seth Shapiro Seth Shapiro, identifying Plaintiff. (Warren, Thomas)
October 17, 2019 Filing 2 CIVIL COVER SHEET filed by Plaintiff Seth Shapiro. (Warren, Thomas)
October 17, 2019 Filing 1 COMPLAINT Receipt No: 0973-24625613 - Fee: $400, filed by Plaintiff Seth Shapiro. (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 Shapiro CLRA Affidavit) (Attorney Thomas D Warren added to party Seth Shapiro(pty:pla))(Warren, Thomas)

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Plaintiff: Seth Shapiro
Represented By: Andrew Emilio Calderon
Represented By: Thomas D Warren
Represented By: Dwayne D Sam
Represented By: John Mark Pierce
Represented By: Christopher Grivakes
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Defendant: AT&T Mobility LLC
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Defendant: AT&T Inc.
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Defendant: AT&T Mobility, LLC
Represented By: Marcellus A McRae
Represented By: Ashley E Johnson
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