Bryan Flores v. Papa John's USA, Inc.
Plaintiff: Bryan Flores
Defendant: PAPA JOHNS USA, INC., d/b/a PJ USA, INC., a Kentucky corporation and Papa Johns USA, Inc.
Case Number: 2:2020cv01672
Filed: February 20, 2020
Court: US District Court for the Central District of California
Presiding Judge: Dale S Fischer
Referring Judge: Steve Kim
Nature of Suit: Other Statutory Actions
Cause of Action: 47 U.S.C. § 0227
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 20, 2020 Opinion or Order Filing 38 ORDER by Judge Dale S. Fischer Dismissing Action With Prejudice #37 . (Made JS-6. Case Terminated.) See Order for specifics. (jp)
October 20, 2020 Filing 37 STIPULATION to Dismiss Case pursuant to FRCP 41(a)(1)(A) filed by plaintiff Bryan Flores. (Attachments: #1 Proposed Order)(Beaumont, William)
October 2, 2020 Opinion or Order Filing 36 ORDER by Judge Dale S. Fischer GRANTING in Part Joint Motion to Stay Case pending Dismissal #35 . The case is stayed until 10/26/2020. (jp)
October 2, 2020 Filing 35 Joint NOTICE OF MOTION AND MOTION to Stay Case pending Dismissal filed by Defendant Papa Johns USA, Inc.. (Attachments: #1 Proposed Order) (Troutman, Eric)
September 30, 2020 Opinion or Order Filing 34 TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTIONS OFF CALENDAR AND UNDER SUBMISSION by Judge Dale S. Fischer. The Court, on its own motion, takes the Motions #18 , #21 , #22 , #23 , and #30 set for October 5, 2020 off calendar and under submission. The Court will set a new hearing date if it decides oral argument would be helpful. A written order will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
September 3, 2020 Filing 33 NOTICE OF SETTLEMENT AND REQUEST FOR STAY filed by Defendant Papa Johns USA, Inc.. [JOINT] (Troutman, Eric)
August 11, 2020 Opinion or Order Filing 32 ORDER by Judge Dale S. Fischer GRANTING Joint Stipulation on Briefing Schedule of Defendant Papa John's USA, Inc.'s Motion to Stay Proceedings Pending a Ruling from the United States Supreme Court in Facebook Inc. v. Duguid #31 . See Order for specifics. (jp)
August 5, 2020 Filing 31 STIPULATION for Extension of Time to File Response/Reply as to NOTICE OF MOTION AND MOTION to Stay Case pending the United States Supreme Courts decision in Facebook Inc. v. Duguid, Case No. 19-511. On July 9, 2020, the United States Supreme Court granted writ of certiorari to the United States Court of Appeals #30 filed by Defendant Papa Johns USA, Inc.. (Attachments: #1 Proposed Order)(Ingber, Jason)
August 5, 2020 Filing 30 NOTICE OF MOTION AND MOTION to Stay Case pending the United States Supreme Courts decision in Facebook Inc. v. Duguid, Case No. 19-511. On July 9, 2020, the United States Supreme Court granted writ of certiorari to the United States Court of Appeals for the Ninths Circuits decision in Duguid v. Facebook Inc., 923 F.3d 1146 (9th Cir. 2019) to address the following limited question: Whether the definition of ATDS in the TCPA encompasses any device that can store and automatically dial telephone numbers, even if the device does not us[e] a random or sequential number generator. filed by Defendant Papa Johns USA, Inc.. Motion set for hearing on 10/5/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order) (Ingber, Jason)
July 15, 2020 Opinion or Order Filing 29 ORDER by Judge Dale S. Fischer GRANTING Joint Stipulation to Extend #26 . The hearing date for Defendant's Motions is extended to 10/5/2020 at 01:30 PM. See Order for specifics. (jp)
July 15, 2020 Filing 28 NOTICE Defendant Papa Johns USA, Inc. Notice to Withdraw a Portion of its Motion to Stay Proceedings filed by Defendant Papa Johns USA, Inc.. (Ingber, Jason)
July 15, 2020 Filing 27 NOTICE Defendant Papa Johns USA, Inc. Notice to Withdraw a Portion of its Motion to Dismiss the Class Action Complaint Pursuant to FRCP 12(b)(6) filed by Defendant Papa Johns USA, Inc.. (Ingber, Jason)
July 14, 2020 Filing 26 Joint STIPULATION to Continue Motion to Dismiss (Dkt. 18), Motion to Strike (Dkt. 21), Motion to Stay (Dkt. 22) and Motion to Transfer (Dkt. 23) from August 24, 2020 at 1:30 pm to October 5, 2020 at 1:30 pm filed by Plaintiff Bryan Flores. (Attachments: #1 Declaration, #2 Proposed Order)(Beaumont, William)
June 24, 2020 Opinion or Order Filing 25 ORDER by Judge Dale S. Fischer GRANTING Joint Stipulation on Briefing Schedule of Defendant Papa John's USA, Inc.'s Motions #24 . See Order for specifics. (jp)
June 19, 2020 Filing 24 Joint STIPULATION for Leave to Follow Stipulated Briefing Schedule Concerning Defendant's Motions filed by Defendant Papa Johns USA, Inc.. (Attachments: #1 Proposed Order Granting Joint Stipulation Concerning Briefing Schedule)(Troutman, Eric)
June 19, 2020 Filing 23 NOTICE OF MOTION AND MOTION to Transfer Case to Western District of Kentucky filed by Defendant Papa Johns USA, Inc.. Motion set for hearing on 8/24/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Affidavit Ex. A - Declaration of Claude Phenix, #2 Affidavit Ex. B - Declaration of Jennifer Vlahos, #3 Proposed Order Granting Motion to Transfer) (Troutman, Eric)
June 19, 2020 Filing 22 NOTICE OF MOTION AND MOTION to Stay Case pending the United States Supreme Courts decision in William P. Barr v. American Association of Political Consultants Inc., et al., and further guidance from the Federal Communications Commission pursuant to its May 14, 2018, Public Notice seeking comment regarding the definition of an automatic telephone dialing system under the Telephone Consumer Protection Act, 47 U.S.C. 227 et seq. filed by Defendant Papa Johns USA, Inc.. Motion set for hearing on 8/24/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order Granting Motion to Stay) (Troutman, Eric)
June 19, 2020 Filing 21 NOTICE OF MOTION AND MOTION to Strike Class Allegations Amended Complaint/Petition #17 filed by Defendant Papa Johns USA, Inc.. Motion set for hearing on 6/24/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order) (Troutman, Eric)
June 19, 2020 Filing 20 Corporate Disclosure Statement of Interested Parties filed by Defendant Papa Johns USA, Inc., identifying Papa Johns International, Inc.. (Troutman, Eric)
June 19, 2020 Filing 19 NOTICE of Interested Parties filed by Defendant Papa Johns USA, Inc., identifying Papa Johns International, Inc.. (Troutman, Eric)
June 19, 2020 Filing 18 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Papa Johns USA, Inc.. Motion set for hearing on 8/24/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order) (Troutman, Eric)
June 1, 2020 Filing 17 First AMENDED COMPLAINT against Defendant Papa Johns USA, Inc. amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Bryan Flores(Beaumont, William)
May 29, 2020 Opinion or Order Filing 16 ORDER by Judge Dale S. Fischer GRANTING Joint Stipulation for Filing of First Amended Complaint #15 . See Order for specifics. (jp)
May 29, 2020 Filing 15 Joint STIPULATION to Amend Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Bryan Flores. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Beaumont, William)
April 1, 2020 Filing 14 PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Attorney Civil Case Opening) #1 upon Bryan Flores served on 3/12/2020, answer due 4/2/2020, served by Personal service, by Federal statute, upon Registered Agent. (Borenstein, Peter)
March 26, 2020 Opinion or Order Filing 13 ORDER GRANTING JOINT MOTION TO EXTEND DEFENDANT'S TIME TO PLEAD OR OTHERWISE RESPOND TO COMPLAINT TO MAY 29,2020 #12 by Judge Dale S. Fischer (lc)
March 26, 2020 Filing 12 Joint STIPULATION for Extension of Time to File Answer to May 29, 2020 re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Papa Johns USA, Inc.. (Attachments: #1 Proposed Order)(Attorney Eric J Troutman added to party Papa Johns USA, Inc.(pty:dft))(Troutman, Eric)
March 3, 2020 Opinion or Order Filing 11 ORDER by Judge Dale S. Fischer: granting #10 Non-Resident Attorney William H Beaumont APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Bryan Flores, designating Peter H Borestein as local counsel. (jp)
February 26, 2020 Filing 10 APPLICATION of Non-Resident Attorney William H. Beaumont to Appear Pro Hac Vice on behalf of Plaintiff Bryan Flores (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25517517) filed by Plaintiff Bryan Flores. (Attachments: #1 Proposed Order) (Borenstein, Peter)
February 24, 2020 Opinion or Order Filing 9 STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi)
February 24, 2020 Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney William H. Beaumont. 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)
February 24, 2020 Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Papa Johns USA, Inc. (jtil)
February 21, 2020 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
February 21, 2020 Filing 5 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Steve Kim. (jtil)
February 20, 2020 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Bryan Flores. (Borenstein, Peter)
February 20, 2020 Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Bryan Flores, (Borenstein, Peter)
February 20, 2020 Filing 2 CIVIL COVER SHEET filed by Plaintiff Bryan Flores. (Borenstein, Peter)
February 20, 2020 Filing 1 COMPLAINT Receipt No: ACACDC-25436799 - Fee: $400, filed by Plaintiff Bryan Flores. (Attorney Peter Hiller Borenstein added to party Bryan Flores(pty:pla))(Borenstein, Peter)

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Defendant: PAPA JOHNS USA, INC., d/b/a PJ USA, INC., a Kentucky corporation
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Defendant: Papa Johns USA, Inc.
Represented By: Jason M Ingber
Represented By: Eric J Troutman
Represented By: Eric J. Troutman
Represented By: Jason M. Ingber
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Plaintiff: Bryan Flores
Represented By: Peter Hiller Borenstein
Represented By: William H Beaumont
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