Terry Fabricant v. Wavve Marketing Corp et al
| Terry Fabricant |
| WAVVE MARKETING CORP and The Federal Savings Bank |
| 2:2020cv01619 |
| February 19, 2020 |
| US District Court for the Central District of California |
| Philip S Gutierrez |
| Steve Kim |
| Other Statutory Actions |
| 47 U.S.C. § 0227 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 13, 2020. A more recent docket listing may be available from PACER.
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Filing 49
ORDER by Judge Philip S. Gutierrez: granting #48 Non-Resident Attorney John J. Allegretto APPLICATION to Appear Pro Hac Vice on behalf of The Federal Savings Bank, designating Jennifer N. Lutz as local counsel. (yl)
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| Filing 48 Amended APPLICATION of Non-Resident Attorney John J. Allegretto to Appear Pro Hac Vice on behalf of Defendant The Federal Savings Bank (Pro Hac Vice Fee - $500 Previously Paid on 9/28/2020, Receipt No. 28278002) filed by Defendant The Federal Savings Bank. (Attachments: #1 Proposed Order) (Lutz, Jennifer) |
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Filing 47
ORDER by Judge Philip S. Gutierrez: Granting #45 Non-Resident Attorney Karen Ari APPLICATION to Appear Pro Hac Vice on behalf of Defendant The Federal Savings Bank, designating Jennifer N. Lutz as local counsel. (et)
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| Filing 45 Amended APPLICATION of Non-Resident Attorney Ari Karen to Appear Pro Hac Vice on behalf of Defendant The Federal Savings Bank (Pro Hac Vice Fee - $500 Previously Paid on 9/28/2020, Receipt No. 28278565) filed by Defendant The Federal Savings Bank. (Attachments: #1 Proposed Order) (Lutz, Jennifer) |
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Filing 44
MINUTE ORDER (IN CHAMBERS) The Court GRANTS the motion to stay by Judge Philip S. Gutierrez. For the foregoing reasons, the Court GRANTS Defendants motion to stay. The parties are ORDERED to file a joint status report within 14 days after the decision in Duguid is issued. If no decision has been issued by July 1, 2021, the parties are ORDERED to file a joint status report informing the Court of such. IT IS SO ORDERED. #43 (See minutes for further details) (yl)
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| Filing 43 MINUTES (IN CHAMBERS) The Court GRANTS the motion to stay #26 . by Judge Philip S. Gutierrez: For the foregoing reasons, the Court GRANTS Defendants motion to stay. The parties are ORDERED to file a joint status report within 14 days after the decision in Duguid is issued. If no decision has been issued by July 1, 2021, the parties are ORDERED to file a joint status report informing the Court of such. IT IS SO ORDERED. (See minutes for further details) (yl) |
| Filing 42 REPLY Memorandum in Support of Motion to Stay NOTICE OF MOTION AND MOTION to Stay Case #26 filed by Defendant Wavve Marketing Corp. (Attachments: #1 Declaration of Stephen A. Watkins in Support of Reply in Support of Motion to Stay, #2 Exhibit A)(Kaminski, David) |
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Filing 41
ORDER by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: APPLICATION of Non-Resident Attorney Ari Karen to Appear Pro Hac Vice on behalf of Defendant The Federal Savings Bank #39 , #36 for the following reasons:Local Rule 83-2.1.3.3(d) re certificate of good standing not filed within 30 days (yl)
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Filing 46
ORDER by Judge Philip S. Gutierrez: granting #45 Non-Resident Attorney Karen, Ari APPLICATION to Appear Pro Hac Vice on behalf of The Federal Savings Bank, designating Lutz, Jennifer N. as local counsel. (yl)
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| Filing 40 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Ari Karen to Appear Pro Hac Vice on behalf of Defendant The Federal Savings Bank (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28278565) #39 , APPLICATION of Non-Resident Attorney John J. Allegretto to Appear Pro Hac Vice on behalf of Defendant The Federal Savings Bank (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28278002) #38 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (Thrasher, Lupe) |
| Filing 39 **STRICKEN AS OF 10-1-20** APPLICATION of Non-Resident Attorney Ari Karen to Appear Pro Hac Vice on behalf of Defendant The Federal Savings Bank (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28278565) filed by Defendant The Federal Savings Bank. (Attachments: #1 Proposed Order) (Lutz, Jennifer) Modified on 10/2/2020 (yl). |
| Filing 38 APPLICATION of Non-Resident Attorney John J. Allegretto to Appear Pro Hac Vice on behalf of Defendant The Federal Savings Bank (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28278002) filed by Defendant The Federal Savings Bank. (Attachments: #1 Proposed Order) (Lutz, Jennifer) |
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Filing 37
PROTECTIVE ORDER by Magistrate Judge Steve Kim re Stipulation for Protective Order #35 . (see document for details) (hr)
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| Filing 36 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Protective Order #35 . The following error(s) was/were found: Judge Kim requires a redline version in Microsoft Word format to be emailed to Chambers. Please refer to Judge Kim's Procedures and Schedules page (link below) for detailed instructions regarding Protective Orders. http://www.cacd.uscourts.gov/honorable-steve-kim. 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. (clee) |
| Filing 35 Joint STIPULATION for Protective Order filed by Defendant Wavve Marketing Corp. (Attachments: #1 Proposed Order to Stipulated Protective Order)(Kaminski, David) |
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Filing 34
MINUTES (IN CHAMBERS) ORDER GRANTING PLAINTIFFS MOTION TO COMPEL [ECF #29 ] by Magistrate Judge Steve Kim. Plaintiff Terry Fabricant moves to compel Defendant Wavve Marketing to provide a complete response and produce all documents responsive to Plaintiffs request for production number 19. (ECF #29 ). Plaintiffs motion is granted, subject to the terms of any stay of the litigation that the District Judge may later grant. (Nothing in this order is intended to have any bearing one way or the other on Defendants pending motion to stay the litigation.) (SEE ORDER FOR DETAILS). (clee)
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| Filing 33 SUPPLEMENT to MOTION to Compel Defendant Wavve Marketing Corp to Provide a Complete Response to Request for Production No. 19 #29 filed by Plaintiff Terry Fabricant. (Attachments: #1 Exhibit 1 -- Bernstein v. Southern California Telephone Company -- Order Granting Motion to Compel, #2 Exhibit 2 -- E-mail from Daeson Sanchez-Kuster, #3 Exhibit 3 -- Text Message Exchange with Joshua Wingo and Daeson Sanchez-Kuster)(Paronich, Anthony) |
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Filing 32
(IN CHAMBERS) ORDER TAKING MOTION UNDER SUBMISSION AND VACATING HEARING by Magistrate Judge Steve Kim. The Court finds Plaintiffs Motion to Compel (ECF #29 ), filed on August 26, 2020, suitable for decision without oral argument. The motion shall be deemed submitted upon the completion of briefing. The hearing was incorrectly noticed for September 21, 2020 at 10:00 AM and would have been continued to September 23, 2020 at 10:00 AM in accordance with Judge Kim's civil motions calendar. Accordingly, the hearing scheduled for September 23, 2020 at 10:00 AM is VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY
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| Filing 31 DECLARATION of Stephen A. Watkins in support of Wavve's Opposition to Plaintiff's MOTION to Compel Defendant Wavve Marketing Corp to Provide a Complete Response to Request for Production No. 19 #29 filed by Defendant Wavve Marketing Corp. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration Josh Wingo)(Attorney Stephen A. Watkins added to party Wavve Marketing Corp(pty:dft))(Watkins, Stephen) |
| Filing 30 NOTICE of Supplemental Authority for the Plaintiff's Opposition to Wavve Marketing Corp.'s Motion to Stay filed by Plaintiff Terry Fabricant. (Attachments: #1 Exhibit 1 -- Terry Fabricant v. Elavon, Inc. and 7231911 Canada Inc., Civil Action No. 2:20-cv-02960-SVW-MAA, ECF No. 46.)(Paronich, Anthony) |
| Filing 29 NOTICE OF MOTION AND MOTION to Compel Defendant Wavve Marketing Corp to Provide a Complete Response to Request for Production No. 19 filed by Plaintiff Terry Fabricant. Motion set for hearing on 9/16/2020 at 10:00 AM before Magistrate Judge Steve Kim. (Attachments: #1 Exhibit 1 -- Scheduling Order)(Paronich, Anthony) |
| Filing 28 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Stay Case #26 filed by Plaintiff Terry Fabricant. (Attachments: #1 Exhibit 1 -- Call Records Chart from the Department of Justice, #2 Exhibit 2 -- E-mail from Daeson Sanchez-Kuster)(Paronich, Anthony) |
| Filing 27 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Stay Case #26 filed by Defendant Wavve Marketing Corp. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kaminski, David) |
| Filing 26 NOTICE OF MOTION AND MOTION to Stay Case filed by Defendant Wavve Marketing Corp. Motion set for hearing on 10/19/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum in Support of Motion to Stay, #2 Declaration of Josh Wingo, #3 Declaration of Stephen A. Watkins, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Proposed Order) (Kaminski, David) |
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Filing 25
ORDER/REFERRAL to ADR Procedure No 3 by Judge Philip S. Gutierrez. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than April 23, 2021. (smo)
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Filing 24
ORDER FOR JURY TRIAL by Judge Philip S. Gutierrez. Final Pretrial Conference set for 6/7/2021, at 2:30 PM and Jury Trial set for 6/22/2021, at 9:00 AM before Chief Judge Philip S. Gutierrez. (smo)
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Filing 23
MINUTE ORDER VACATING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Opening Expert Witness Disclosure: 3/23/2021, Rebuttal Expert Witness Disclosure: 4/20/2021, Expert Discovery Cut-off: 5/11/2021, Trial Estimate: 4 days. Amended Pleadings due by 8/13/2020. Discovery cut-off 3/16/2021. Last day to file motions is 3/30/2021. Last date to conduct settlement conference is 4/23/2021. Final Pretrial Conference set for 6/7/2021, at 2:30 PM and Jury Trial set for 6/22/2021, at 9:00 AM before Judge Philip S. Gutierrez. (smo)
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| Filing 22 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff Terry Fabricant.. (Paronich, Anthony) |
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Filing 21
ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 7/13/2020 at 02:00 PM. (wm)
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| Filing 20 NOTICE of Interested Parties filed by Defendant The Federal Savings Bank, (Lutz, Jennifer) |
| Filing 19 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant The Federal Savings Bank.(Lutz, Jennifer) |
| Filing 18 Certification and NOTICE of Interested Parties filed by Defendant Wavve Marketing Corp, (Kaminski, David) |
| Filing 17 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant Wavve Marketing Corp.(Kaminski, David) |
| Filing 16 Joint STIPULATION Extending Time to Answer the complaint as to Wavve Marketing Corp answer now due 5/4/2020, re Complaint (Attorney Civil Case Opening) #1 filed by defendant Wavve Marketing Corp.(Attorney David J Kaminski added to party Wavve Marketing Corp(pty:dft))(Kaminski, David) |
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Filing 15
ORDER RE: STIPULATION TO EXTEND TIME FOR DEFENDANT THE FEDERAL SAVINGS BANK TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 8-3) #13 , by Judge Philip S. Gutierrez: Upon considering the stipulation between Plaintiff Terry Fabricant and Defendant The Federal Savings Bank, and good cause appearing therefore, IT IS HEREBY ORDERED that Defendant The Federal Savings Bank's last day to answer or otherwise respond to the Complaint is due by April 29, 2020. (bm)
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Filing 14
ORDER by Judge Philip S. Gutierrez: granting #12 Non-Resident Attorney Anthony I Paronich APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Terry Fabricant, designating William A Percy as local counsel. (bm)
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| Filing 13 STIPULATION Extending Time to Answer the complaint as to The Federal Savings Bank answer now due 4/29/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant The Federal Savings Bank. (Attachments: #1 Proposed Order)(Attorney Jennifer N Lutz added to party The Federal Savings Bank(pty:dft))(Lutz, Jennifer) |
| Filing 12 APPLICATION of Non-Resident Attorney Anthony I. Paronich to Appear Pro Hac Vice on behalf of Plaintiff Terry Fabricant (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25945326) filed by plaintiff Terry Fabricant. (Attachments: #1 Exhibit, #2 Proposed Order) (Percy, William) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Terry Fabricant, upon Defendant The Federal Savings Bank served on 3/9/2020, answer due 3/30/2020. Service of the Summons and Complaint were executed upon John Marshall, SVP in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Percy, William) |
| Filing 10 21 DAY Summons Issued re Complaint #1 as to Defendant Wavve Marketing Corp. (bm) |
| Filing 9 21 DAY Summons Issued re Complaint #1 as to Defendant The Federal Savings Bank. (bm) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Terry Fabricant. (Percy, William) |
| Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Terry Fabricant. (Percy, William) |
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Filing 6
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Steve Kim. (lh) |
| Filing 3 CERTIFICATE of Interested Parties filed by plaintiff Terry Fabricant, (Percy, William) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Terry Fabricant. (Percy, William) |
| Filing 1 COMPLAINT Receipt No: ACACDC-25404075 - Fee: $400, filed by plaintiff Terry Fabricant. (Attorney William A Percy added to party Terry Fabricant(pty:pla))(Percy, William) |
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