Marc S. Kirschner et al v. Los Angeles Capital Management and Equity Research Inc. et al
Plaintiff: WILMINGTON SAVINGS FUND SOCIETY, FSB, as successor indenture trustee for the 6.875% Senior Notes due 2019, the 8.25% Senior Notes due 2019, and the 6.125% Senior Notes due 2034 of Nine, MARC S. KIRSCHNER, as Trustee for the NWHI LITIGATION TRUST, Marc S. Kirschner and Wilmington Savings Fund Society, FSB
Defendant: Schwab Small-Cap Index Fund, Wells Fargo Disciplined Small Cap Fund f/k/a Wells Fargo Small Cap Opportunities Fund, Schwab Fundamental US Small Company Index Fund, Schwab Total Stock Market Index Fund, Los Angeles Capital Management & Equity Research Inc., Wells Fargo Disciplined Small Cap Fund, Los Angeles Capital Management and Equity Research Inc. and Wells Fargo Small Cap Opportunities Fund
Case Number: 2:2020cv01922
Filed: February 27, 2020
Court: US District Court for the Central District of California
Presiding Judge: Michael W Fitzgerald
Referring Judge: Karen L Stevenson
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 21, 2020 Filing 31 STIPULATION Extending Time to Answer the complaint as to Schwab Total Stock Market Index Fund answer now due 5/18/2020, re Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Marc S. Kirschner; Wilmington Savings Fund Society, FSB.(Lapine, Ryan)
April 21, 2020 Filing 30 STIPULATION Extending Time to Answer the complaint as to Schwab Small-Cap Index Fund answer now due 5/18/2020, re Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Marc S. Kirschner; Wilmington Savings Fund Society, FSB.(Lapine, Ryan)
April 21, 2020 Filing 29 STIPULATION Extending Time to Answer the complaint as to Schwab Fundamental US Small Company Index Fund answer now due 5/18/2020, re Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Marc S. Kirschner; Wilmington Savings Fund Society, FSB.(Lapine, Ryan)
April 16, 2020 Filing 28 CORPORATE DISCLOSURE STATEMENT filed by Defendant Wells Fargo Disciplined Small Cap Fund identifying Wells Fargo & Company as Corporate Parent. (Ferrari, Giovanna)
April 1, 2020 Filing 27 NOTICE of Plaintiffs Motion Filed With United States Judicial Panel on Multidistrict Litigation for Transfer of Actions to the District of Massachusetts Pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings filed by Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB. (Attachments: #1 Exhibit Motion for Transfer, #2 Exhibit Brief in Support of the Motion for Transfer, #3 Exhibit Schedule of Actions, #4 Exhibit Declaration of Priyanka Wityk in Support of the Motion for Transfer, #5 Exhibit Docket sheets and complaints in the Actions, #6 Exhibit Proof of Service of the Motion for Transfer)(Lapine, Ryan)
April 1, 2020 Filing 26 UNREDACTED COMPLAINT Re: Complaint #1 filed by Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB re: Notice (Other) #25 (Lapine, Ryan) Modified on 4/2/2020 (iv).
April 1, 2020 Filing 25 NOTICE of Filing Unredacted Complaint filed by Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB. (Lapine, Ryan)
March 26, 2020 Opinion or Order Filing 24 ORDER EXTENDING TIME TO RESPOND TO COMPLAINT #22 by Judge Michael W. Fitzgerald. Los Angeles Capital Management & Equity Research Inc. shall have until May 18, 2020 to respond to the complaint in this matter. (iv)
March 26, 2020 Opinion or Order Filing 23 ORDER EXTENDING TIME TO RESPOND TO COMPLAINT #21 by Judge Michael W. Fitzgerald. Wells Fargo Disciplined Small Cap Fund f/k/a Wells Fargo Small Cap Opportunities Fund shall have until May 18, 2020 to respond to the complaint in this matter. (iv)
March 25, 2020 Filing 22 STIPULATION for Extension of Time to File Answer to 5-18-2020 re Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB. (Attachments: #1 Proposed Order Extending Time to Respond to Complaint by Los Angeles Capital Management & Equity Research Inc.)(Lapine, Ryan)
March 25, 2020 Filing 21 STIPULATION for Extension of Time to File Answer to 5-18-2020 re Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB. (Attachments: #1 Proposed Order Extending Time to Respond to Complaint by Wells Fargo Disciplined Small Cap Fund f/k/a Wells Fargo Small Cap Opportunities Fund)(Lapine, Ryan)
March 20, 2020 Opinion or Order Filing 20 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Allan B. Diamond to Appear Pro Hac Vice on behalf of Plaintiff Marc S. Kirschner, designating Ryan M. Lapine as local counsel #15 . (iv)
March 17, 2020 Opinion or Order Filing 19 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:20-cv-01480 MWF(KSx). Case transferred from Magistrate Judge Pedro V. Castillo and Judge Stephen V. Wilson to Judge Michael W. Fitzgerald and Magistrate Judge Karen L. Stevenson for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-01922 MWF(KSx). Signed by Judge Michael W. Fitzgerald (rn)
March 16, 2020 Filing 18 NOTICE of Related Case(s) filed by Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB. Related Case(s): 2:20-CV-1480-MWF-KS, 2:20-CV-1484-MWF-KS (Lapine, Ryan)
March 13, 2020 Opinion or Order Filing 17 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Ronald S.W. Lew to Judge Stephen V. Wilson for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-01922 SVW(PVCx). (rn)
March 12, 2020 Filing 16 NOTICE of Change of Attorney Business or Contact Information: for attorney Ryan M Lapine counsel for Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB. Changing address to 333 South Hope Street, Suite 4050, Los Angeles, California 90071. Filed by Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB. (Lapine, Ryan)
March 6, 2020 Filing 15 APPLICATION of Non-Resident Attorney Allan Brent Diamond to Appear Pro Hac Vice on behalf of Plaintiff Marc S. Kirschner (Pro Hac Vice Fee - $400.00 Previously Paid on 3/4/2020, Receipt No. 25608844) filed by Plaintiff Marc S. Kirschner. (Attachments: #1 Proposed Order (Proposed) Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hoc Vice) (Lapine, Ryan)
March 6, 2020 Filing 14 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application #11 and #12 . The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) Dkt #11 Listed Texas, but failed to include GSC. Dkt. #12 was complete, but both failed to use the correct event. (Thrasher, Lupe)
March 5, 2020 Opinion or Order Filing 13 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Ronald S.W. Lew: DENYING #9 Non-Resident Attorney Allan B. Diamond APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs. Terming Attorney Allan B Diamond. Counsel may re-file an amended application without repayment of fee, if no refund is requested or given. (Thrasher, Lupe)
March 5, 2020 Filing 12 Application of Non-Resident Attorney to Appear in a Specific Case Pro Hoc Vice - Allan B. Diamond filed by Plaintiff Marc S. Kirschner re: APPLICATION of Non-Resident Attorney to Appear Pro Hac Vice on behalf of Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25608844) #9 (Attachments: #1 Proposed Order (Proposed) Order on Application of Non-Resident Attorney to Appear in A Specific Case Pro Hac Vice)(Lapine, Ryan)
March 5, 2020 Filing 11 Application of Non-Resident Attorney to Appear in a Specific Case Pro Hoc Vice Allan B. Diamond filed by Plaintiff Marc S. Kirschner re: APPLICATION of Non-Resident Attorney to Appear Pro Hac Vice on behalf of Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25608844) #9 (Attachments: #1 Proposed Order (Proposed) Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hoc Vice)(Lapine, Ryan)
March 4, 2020 Filing 10 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney to Appear Pro Hac Vice on behalf of Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25608844) #9 . 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)
March 4, 2020 Filing 9 APPLICATION of Non-Resident Attorney to Appear Pro Hac Vice on behalf of Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25608844) filed by Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB. (Attachments: #1 Proposed Order Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice - Allan Diamond) (Lapine, Ryan)
March 3, 2020 Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Allan B Diamond for Plaintiffs. 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. (et)
March 3, 2020 Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Los Angeles Capital Management and Equity Research Inc., Schwab Fundamental US Small Company Index Fund, Schwab Small-Cap Index Fund, Schwab Total Stock Market Index Fund, Wells Fargo Disciplined Small Cap Fund. (et)
March 3, 2020 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
March 3, 2020 Filing 5 NOTICE OF ASSIGNMENT to District Judge Ronald S. W. Lew and Magistrate Judge Pedro V. Castillo. (et)
February 27, 2020 Filing 4 NOTICE of Interested Parties filed by PLAINTIFFS All Plaintiffs, (Lapine, Ryan)
February 27, 2020 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by PLAINTIFFS MARC S. KIRSCHNER, as Trustee for the NWHI LITIGATION TRUST, WILMINGTON SAVINGS FUND SOCIETY, FSB, as successor indenture trustee for the 6.875% Senior Notes due 2019, the 8.25% Senior Notes due 2019, and the 6.125% Senior Notes due 2034 of Nine. (Attachments: #1 Supplement Attachment 1 to Summons, #2 Supplement Attachment 2 to Summons)(Lapine, Ryan)
February 27, 2020 Filing 2 CIVIL COVER SHEET filed by Plaintiffs MARC S. KIRSCHNER, as Trustee for the NWHI LITIGATION TRUST, WILMINGTON SAVINGS FUND SOCIETY, FSB, as successor indenture trustee for the 6.875% Senior Notes due 2019, the 8.25% Senior Notes due 2019, and the 6.125% Senior Notes due 2034 of Nine. (Lapine, Ryan)
February 27, 2020 Filing 1 COMPLAINT Receipt No: ACACDC-25538325 - Fee: $400, filed by Plaintiffs WILMINGTON SAVINGS FUND SOCIETY, FSB, as successor indenture trustee for the 6.875% Senior Notes due 2019, the 8.25% Senior Notes due 2019, and the 6.125% Senior Notes due 2034 of Nine, MARC S. KIRSCHNER, as Trustee for the NWHI LITIGATION TRUST. (Attorney Ryan M Lapine added to party MARC S. KIRSCHNER, as Trustee for the NWHI LITIGATION TRUST(pty:pla), Attorney Ryan M Lapine added to party WILMINGTON SAVINGS FUND SOCIETY, FSB, as successor indenture trustee for the 6.875% Senior Notes due 2019, the 8.25% Senior Notes due 2019, and the 6.125% Senior Notes due 2034 of Nine (pty:pla))(Lapine, Ryan)

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Search for this case: Marc S. Kirschner et al v. Los Angeles Capital Management and Equity Research Inc. et al
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Plaintiff: WILMINGTON SAVINGS FUND SOCIETY, FSB, as successor indenture trustee for the 6.875% Senior Notes due 2019, the 8.25% Senior Notes due 2019, and the 6.125% Senior Notes due 2034 of Nine
Represented By: Ryan M Lapine
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Plaintiff: MARC S. KIRSCHNER, as Trustee for the NWHI LITIGATION TRUST
Represented By: Ryan M Lapine
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Plaintiff: Marc S. Kirschner
Represented By: Allan B Diamond
Represented By: Ryan M Lapine
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Plaintiff: Wilmington Savings Fund Society, FSB
Represented By: Allan B Diamond
Represented By: Ryan M Lapine
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Defendant: Schwab Small-Cap Index Fund
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Defendant: Wells Fargo Disciplined Small Cap Fund f/k/a Wells Fargo Small Cap Opportunities Fund
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Defendant: Schwab Fundamental US Small Company Index Fund
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Defendant: Schwab Total Stock Market Index Fund
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Defendant: Los Angeles Capital Management & Equity Research Inc.
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Defendant: Wells Fargo Disciplined Small Cap Fund
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Defendant: Los Angeles Capital Management and Equity Research Inc.
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Defendant: Wells Fargo Small Cap Opportunities Fund
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