American Video Duplicating Inc. et al v. Citigroup Inc. et al
| American Video Duplicating Inc., Tush Law Ltd., Kenneth M. Hahn and Kenneth M. Hahn a sole proprietor, individually and on behalf of a class of similiary situated businesses and indivdiuals doing business as Cal State Financial |
| MUFG Union Bank NA, Wells Fargo and Company, CitiGroup Inc., Citibank N.A., JP Morgan Chase Bank N.A., PayPal Holdings Inc, Bank Of America Corporation, Live Oak Banking Company, Bank of America N.A., JPMorgan Chase and Co., Newtek Business Services Inc., Live Oak Bancshares, Inc, MUFG Bank Ltd., US Bankcorp, Inc., Doe Lenders, Harvest Small Business Finance LLC, Wells Fargo N.A., Wells Fargo and Co., U.S. Bancorp., Fifth Third Bancorp., First National Bank, The Huntington National Bank, Fifth Third Bank, LCNB National Bank, First Financial Bancorp, U.S. Bank, N.A., PNC Financial Service Group, Inc., Bank of America Co., Northside Bank and Trust Co., PNC Bank N.A. and Harvest Small Business Finance |
| 2:2020cv03815 |
| April 27, 2020 |
| US District Court for the Central District of California |
| Alicia G Rosenberg |
| Otis D Wright |
| Contract: Other |
| 28:1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2020. A more recent docket listing may be available from PACER.
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| Filing 96 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint #83 filed by Defendant Citibank N.A.. (Pollock, Bronwyn) |
| Filing 95 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint #83 filed by Plaintiffs American Video Duplicating Inc., Kenneth M. Hahn, Tush Law Ltd.. (Attachments: #1 Appendix, #2 Declaration of Tush Law LTD.)(Meiselas, Benjamin) |
Filing 94
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: RE STIPULATION TO CONTINUE HEARING ON DEFENDANT CITIBANK'S NA MOTION TO DISMISS FIRST AMENDED COMPLAINT, The Court ORDERS that #89 : 1. The hearing on Defendant Citibank N.A.s Motion to Dismiss Plaintiffs First Amended Complaint is continued from July 13, 2020 to July 20, 2020 at 1:30 PM #83 .2. Plaintiffs shall file their Opposition to the Citibank Motion to Dismiss no later than June 29, 2020.3. Citibank N.A. shall file its Reply in support of the Citibank Motion to Dismiss no later than July 6, 2020. (lc)
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Filing 93
ORDER TO EXTEND TIME FOR DEFENDANT LIVE OAK BANKING COMPANY TO RESPOND TO CORRECTED FIRST AMENDED COMPLAINT TO SEPTEMBER 15, 2020 #90 by Judge Otis D. Wright, II (lc)
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Filing 92
ORDER TO EXTEND TIME FOR DEFENDANT BANK OF AMERICA, N.A. TO RESPOND TO CORRECTED FIRST AMENDED COMPLAINT TO AUGUST 31,2020 #91 by Judge Otis D. Wright, II (lc)
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| Filing 91 STIPULATION for Extension of Time to File Answer to August 31, 2020 re Amended Complaint/Petition,, #80 filed by Defendant Bank of America N.A.. (Attachments: #1 Proposed Order)(Brown, Janice) |
| Filing 90 STIPULATION for Extension of Time to File Answer to September 15, 2020 filed by Defendant Live Oak Banking Company. (Attachments: #1 Proposed Order)(Lally, Kevin) |
| Filing 89 STIPULATION to Continue Hearing from July 13, 2020 to July 20, 2020 Re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint #83 filed by Plaintiffs American Video Duplicating Inc., Kenneth M. Hahn, Tush Law Ltd.. (Attachments: #1 Proposed Order)(Meiselas, Benjamin) |
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Filing 88
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO AMENDEDCOMPLAINT #81 by Judge Otis D. Wright, II: Defendant Harvest Small Business Finance deadline to answer or otherwise respond to the Amended Complaint is on or before September 15, 2020. (lc)
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Filing 87
ORDER GRANTING IN PART JOINT STIPULATION RE EXTENSION OF TIME FOR DEFENDANTWELLS FARGO BANK, N.A. TO RESPOND TO PLAINTIFFS CORRECTED FIRST AMENDEDCOMPLAINT TO SEPTEMBER 15, 2020 #86 by Judge Otis D. Wright, II (lc)
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| Filing 86 STIPULATION for Extension of Time to File Answer to September 24, 2020 re Amended Complaint/Petition,, #80 filed by defendant Wells Fargo N.A.. (Attachments: #1 Proposed Order)(Cullen, Brendan) |
| Filing 85 NOTICE OF DISMISSAL filed by Plaintiffs Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn pursuant to FRCP 41a(1) as to Bank of America Co., CitiGroup Inc., JPMorgan Chase and Co., Live Oak Bancshares, Inc, MUFG Bank Ltd., MUFG Union Bank NA, Newtek Business Services Inc., U.S. Bancorp., Wells Fargo and Co.. (Meiselas, Benjamin) |
| Filing 84 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: On May 18, 2020, Defendants Citigroup Inc. and Citibank, N.A. moved to dismiss Plaintiffs Complaint #27 . On June 12, 2020, Plaintiffs filed a First Amended Complaint. (FAC, ECF No. 80.) As the pending Motion to Dismiss was based on a complaint that is no longer operative, the Motion (ECF No. 27) is DENIED as MOOT and the associated hearing date for the Motion is VACATED. (lc) |
| Filing 83 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Defendant Citibank N.A.. Motion set for hearing on 7/13/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Pollock, Bronwyn) |
| Filing 82 CERTIFICATE of Interested Parties filed by Defendant Harvest Small Business Finance, identifying 1. Plaintiff American Video Duplicating, Inc.; 2. Plaintiff Tush Law Ltd.; 3. Plaintiff Kenneth M. Hahn d/b/a Cal State Financial; 4. Defendant Harvest, which is a limited liability company organized under the laws of the State of California and which members are Medalist Partners Opportunity Master Fund B, L.P., Evan J. Mitnick, Richard A. Seery, and Gordon T. Massas. No publicly-held corporation owns 10% or more of the equity interest in Harvest; and 5. The other defendants in this action.. (Huerta, Nina) |
| Filing 81 STIPULATION for Extension of Time to File Answer to September 15, 2020 re Amended Complaint/Petition,, #80 filed by Defendant Harvest Small Business Finance. (Attachments: #1 Proposed Order Granting Stipulation To Extend Time To Respond To Amended Complaint)(Attorney Nina Huerta added to party Harvest Small Business Finance(pty:dft))(Huerta, Nina) |
| Filing 80 Corrected First AMENDED COMPLAINT against Defendants Bank Of America Corporation, Bank of America N.A., CitiGroup Inc., Citibank N.A., Doe Lenders, Harvest Small Business Finance LLC, JP Morgan Chase Bank N.A., JPMorgan Chase and Co., Live Oak Bancshares, Inc, Live Oak Banking Company, MUFG Bank Ltd., MUFG Union Bank NA, Newtek Business Services Inc., U.S. Bancorp., U.S. Bank, N.A., Wells Fargo N.A., Wells Fargo and Company amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn (Meiselas, Benjamin) |
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Filing 79
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Having considered Plaintiffs Notice of Errata #77 , it is hereby ORDERED: 1. Plaintiff shall re-file its corrected First Amended Complaint (ECF No. 77-1) as a separate document in the docket no later than June 12, 2020. The Court will deem the FAC as originally filed on this new date. Docket entry number #69 is hereby STRICKEN. Plaintiff does not need to re-serve the FAC on any Defendants that have already been served with the FAC. 2. After Plaintiff re-files its corrected FAC, Plaintiff shall re-file its Notice of Dismissal clearly identifying all Defendants that have been dismissed so far from this case and the dates on which they were originally dismissed. Docket entry number #75 is hereby STRICKEN. 3. After Plaintiff re-files its Notice of Dismissal, the Parties may file any pending Stipulations to extend the time for any of the Defendants to respond to the FAC. (lc) Modified on 6/10/2020 (lc).
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| Filing 78 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Errata #77 . The following error(s) was/were found: Clerk Unable to determine the Propriety of Filing an "ERRATA" re filer's error in efiling the Amended Complaint on 6/1/20, docket no. 69 with an INCORRECT CAPTION from another case, and submitting a "CORRECTED AMENDED COMPLAINT" as an attachment; Note case parties were edited by clerk per docket no. 69. 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. (lc) |
| Filing 77 NOTICE OF ERRATA filed by Plaintiffs American Video Duplicating Inc., Kenneth M. Hahn, Tush Law Ltd.. correcting Amended Complaint/Petition #69 (Attachments: #1 Corrected First Amended Complaint)(Geragos, Mark) |
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Filing 76
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Having considered the Joint Stipulations that Plaintiffs entered into with Defendants Bank of America Corporation and Bank of America, N.A. #65 and with Defendants Wells Fargo & Co. and Wells Fargo Bank, N.A. #68 to extend those Defendants timeto respond to Plaintiffs Complaint, it is hereby ORDERED that the Stipulations are DENIED as moot. Those Defendants have already been dismissed from this lawsuit due to Plaintiffs failure to name them in the caption of their First Amended Complaint (ECF No. 69). In addition, the Court is in receipt of Plaintiffs Notice of Dismissal #75 , which appears to dismissthose Defendants as well (lc)
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| Filing 75 (STRICKEN PER 6/10/20 MINUTES, DOCKET. NO. 79). NOTICE OF DISMISSAL filed by Plaintiffs Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn pursuant to FRCP 41a(1) as to Bank Of America Corporation, CitiGroup Inc., JPMorgan Chase and Co., Live Oak Bancshares, Inc, MUFG Bank Ltd., MUFG Union Bank NA, Newtek Business Services Inc., U.S. Bancorp., Wells Fargo and Company. (Meiselas, Benjamin) Modified on 6/10/2020 (lc). |
| Filing 74 PROOF OF SERVICE Executed by Plaintiff Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn, upon Defendant JPMorgan Chase and Co. served on 5/27/2020, answer due 7/27/2020. Service of the Summons and Complaint were executed upon Agent for Service of Process in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. (Meiselas, Benjamin) |
| Filing 73 PROOF OF SERVICE Executed by Plaintiff Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn, upon Defendant JP Morgan Chase Bank N.A. served on 5/27/2020, answer due 7/27/2020. Service of the Summons and Complaint were executed upon Agent for Service of Process in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. (Meiselas, Benjamin) |
| Filing 72 PROOF OF SERVICE Executed by Plaintiff Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn, upon Defendant Citibank N.A. served on 5/27/2020, answer due 6/17/2020. Service of the Summons and Complaint were executed upon Agent for Service of Process in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. (Meiselas, Benjamin) |
| Filing 71 PROOF OF SERVICE Executed by Plaintiff Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn, upon Defendant CitiGroup Inc. served on 5/27/2020, answer due 6/17/2020. Service of the Summons and Complaint were executed upon Agent for Service of Process in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. (Meiselas, Benjamin) |
| Filing 70 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #69 . The following error(s) was/were found: Case number is incorrect or missing. Other error(s) with document(s): Case Number is MISSING. Official case number is to read as: 2:20-cv-03815-ODW-AGR. 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. (lc) |
| Filing 69 (STRICKEN PER 6/10/20 MINUTES, DOCKET. NO. 79).FIRST AMENDED COMPLAINT against DEFENDANTS All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs American Video Duplicating Inc., Kenneth M. Hahn (Meiselas, Benjamin) Modified on 6/10/2020 (lc). |
| Filing 68 Joint STIPULATION for Extension of Time to File Answer to September 2, 2020 filed by defendants Wells Fargo N.A., Wells Fargo and Company. (Attachments: #1 Proposed Order)(Cullen, Brendan) |
| Filing 67 PROOF OF SERVICE filed by Defendants Bank Of America Corporation, Bank of America N.A., re Notice of Appearance or Withdrawal of Counsel (G-123),, #64 , Stipulation to Extend Time to Answer (More than 30 days) #65 , Notice of Appearance or Withdrawal of Counsel (G-123),, #62 , Certificate/Notice of Interested Parties #66 , Notice of Appearance or Withdrawal of Counsel (G-123),, #63 served on May 29, 2020. (Brown, Janice) |
| Filing 66 CERTIFICATE of Interested Parties filed by Defendants Bank Of America Corporation, Bank of America N.A., identifying BAC North America Holding Company; NB Holdings Corporation; Berkshire Hathaway Inc.. (Brown, Janice) |
| Filing 65 STIPULATION for Extension of Time to File Answer to August 31, 2020 filed by Defendants Bank Of America Corporation, Bank of America N.A.. (Attachments: #1 Proposed Order)(Brown, Janice) |
| Filing 64 Notice of Appearance or Withdrawal of Counsel: for attorney Janice P Brown counsel for Defendants Bank Of America Corporation, Bank of America N.A.. Adding Janice P. Brown, Esq. as counsel of record for Bank of America Corporation, Bank of America, N.A. for the reason indicated in the G-123 Notice. Filed by Defendants Bank of America Corporation, Bank of America, N.A.. (Attorney Janice P Brown added to party Bank Of America Corporation(pty:dft), Attorney Janice P Brown added to party Bank of America N.A.(pty:dft))(Brown, Janice) |
| Filing 63 Notice of Appearance or Withdrawal of Counsel: for attorney Stacy L Fode counsel for Defendants Bank Of America Corporation, Bank of America N.A.. Adding Stacy L. Fode, Esq. as counsel of record for Bank of America Corporation, Bank of America, N.A. for the reason indicated in the G-123 Notice. Filed by Defendants Bank of America Corporation, Bank of America, N.A.. (Attorney Stacy L Fode added to party Bank Of America Corporation(pty:dft), Attorney Stacy L Fode added to party Bank of America N.A.(pty:dft))(Fode, Stacy) |
| Filing 62 Notice of Appearance or Withdrawal of Counsel: for attorney Arlene R Yang counsel for Defendants Bank Of America Corporation, Bank of America N.A.. Adding Arlene R. Yang, Esq. as counsel of record for Bank of America Corporation, Bank of America, N.A. for the reason indicated in the G-123 Notice. Filed by Defendants Bank of America Corporation, Bank of America, N.A.. (Attorney Arlene R Yang added to party Bank Of America Corporation(pty:dft), Attorney Arlene R Yang added to party Bank of America N.A.(pty:dft))(Yang, Arlene) |
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Filing 61
ORDER GRANTING JOINT STIPULATION TO EXTEND TIME FOR DEFENDANTS U.S. BANCORP AND U.S. BANK NATIONAL ASSOCIATION TO RESPOND TO PLAINTIFFS COMPLAINT TO SEPTEMBER 3, 2020 #58 by Judge Otis D. Wright, II. (lc)
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| Filing 60 NOTICE OF DISMISSAL filed by Plaintiffs Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn pursuant to FRCP 41a(1) as to PayPal Holdings Inc. (Meiselas, Benjamin) |
| Filing 59 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn. upon JP Morgan Chase Bank N.A. waiver sent by Plaintiff on 5/26/2020, answer due 7/27/2020; JPMorgan Chase and Co. waiver sent by Plaintiff on 5/26/2020, answer due 7/27/2020. Waiver of Service signed by Jonathan H. Claydon. (Meiselas, Benjamin) |
| Filing 58 Joint STIPULATION for Extension of Time to File Answer to September 3, 2020 re Complaint (Attorney Civil Case Opening), #1 filed by Defendants U.S. Bancorp., U.S. Bank, N.A.. (Attachments: #1 Proposed Order)(Rissier, John) |
| Filing 57 PROOF OF SERVICE Executed by Plaintiff Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn, upon Defendant Bank of America N.A. served on 5/15/2020, answer due 6/5/2020. Service of the Summons and Complaint were executed upon Agent for Service of Process in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. (Meiselas, Benjamin) |
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Filing 56
ORDER GRANTING APPLICATION of Non-Resident Attorney Michael S. Kraut to Appear Pro Hac Vice on behalf of Defendants U.S. Bancorp., U.S. Bank, N.A. and designating J. Warren Rissier as local counsel #54 by Judge Otis D. Wright, II (lc) Modified on 5/28/2020 (lc).
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Filing 55
ORDER GRANTING APPLICATION of Non-Resident Attorney Henry L. Kitchin, Jr. to Appear Pro Hac Vice on behalf of Defendants Live Oak Bancshares, Inc, Live Oak Banking Company and designating Kevin M. Lally as local counsel #41 by Judge Otis D. Wright, II (lc)
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| Filing 54 Amended APPLICATION of Non-Resident Attorney Michael S. Kraut to Appear Pro Hac Vice on behalf of Defendants U.S. Bancorp., U.S. Bank, N.A. (Pro Hac Vice Fee - $400 Previously Paid on 5/20/2020, Receipt No. 26513080) filed by Defendants U.S. Bancorp., U.S. Bank, N.A.. (Attachments: #1 Proposed Order) (Rissier, John) |
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Filing 53
ORDER by Judge Otis D. Wright, II: 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 Michael S. Kraut to Appear Pro Hac Vice on behalf of Defendants U.S. Bancorp., U.S. Bank, N.A. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26513080) #36 , for the following reasons: Comply with instructions on discrepancy doc no.38. Refile correctly. (lc)
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| Filing 52 NOTICE of Interested Parties filed by defendants Wells Fargo N.A., Wells Fargo and Company, identifying Wells Fargo Bank, N.A.. (Hogberg, Sverker) |
| Filing 51 PROOF OF SERVICE filed by defendants Wells Fargo N.A., Wells Fargo and Company, re Notice of Appearance or Withdrawal of Counsel (G-123),, #44 , Notice of Appearance, #47 , Notice of Appearance, #48 , Notice of Appearance, #46 , Notice of Appearance or Withdrawal of Counsel (G-123),, #43 served on 05/22/2020. (Hogberg, Sverker) |
| Filing 50 PROOF OF SERVICE Executed by Plaintiff Tush Law Ltd., upon Defendant Bank Of America Corporation served on 5/15/2020, answer due 6/5/2020. Service of the Summons and Complaint were executed upon Agent for Service of Process in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. (Meiselas, Benjamin) |
| Filing 49 Notice of Appearance or Withdrawal of Counsel: for attorney Nina Huerta counsel for Defendant Harvest Small Business Finance LLC. Adding Nina Huerta as counsel of record for Defendant Harvest Small Business Finance, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Harvest Small Business Finance, LLC. (Attorney Nina Huerta added to party Harvest Small Business Finance LLC(pty:dft))(Huerta, Nina) |
| Filing 48 NOTICE of Appearance filed by attorney Jamie D Wells on behalf of Defendants Wells Fargo N.A., Wells Fargo and Company (Attorney Jamie D Wells added to party Wells Fargo N.A.(pty:dft), Attorney Jamie D Wells added to party Wells Fargo and Company(pty:dft))(Wells, Jamie) |
| Filing 47 NOTICE of Appearance filed by attorney Carolee A Hoover on behalf of Defendants Wells Fargo N.A., Wells Fargo and Company (Attorney Carolee A Hoover added to party Wells Fargo N.A.(pty:dft), Attorney Carolee A Hoover added to party Wells Fargo and Company(pty:dft))(Hoover, Carolee) |
| Filing 46 NOTICE of Appearance filed by attorney David C Powell on behalf of Defendants Wells Fargo N.A., Wells Fargo and Company (Attorney David C Powell added to party Wells Fargo N.A.(pty:dft), Attorney David C Powell added to party Wells Fargo and Company(pty:dft))(Powell, David) |
| Filing 45 PROOF OF SERVICE Executed by Plaintiff Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn, upon Defendant PayPal Holdings Inc served on 5/13/2020, answer due 6/3/2020. Service of the Summons and Complaint were executed upon Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Meiselas, Benjamin) |
| Filing 44 Notice of Appearance or Withdrawal of Counsel: for attorney Brendan P Cullen counsel for Defendants Wells Fargo N.A., Wells Fargo and Company. Adding Brendan Peter Cullen as counsel of record for Wells Fargo & Co.; Wells Fargo Bank, N.A. for the reason indicated in the G-123 Notice. Filed by defendants Wells Fargo & Co.; Wells Fargo Bank, N.A.. (Attorney Brendan P Cullen added to party Wells Fargo N.A.(pty:dft), Attorney Brendan P Cullen added to party Wells Fargo and Company(pty:dft))(Cullen, Brendan) |
| Filing 43 Notice of Appearance or Withdrawal of Counsel: for attorney Sverker K Hogberg counsel for Defendants Wells Fargo N.A., Wells Fargo and Company. Adding Sverker Kristoffer Hogberg as counsel of record for Wells Fargo & Co.; Wells Fargo Bank, N.A. for the reason indicated in the G-123 Notice. Filed by defendants Wells Fargo & Co.; Wells Fargo Bank, N.A.. (Attorney Sverker K Hogberg added to party Wells Fargo N.A.(pty:dft), Attorney Sverker K Hogberg added to party Wells Fargo and Company(pty:dft))(Hogberg, Sverker) |
| Filing 42 Amendment to APPLICATION of Non-Resident Attorney Michael S. Kraut to Appear Pro Hac Vice on behalf of Defendants U.S. Bancorp., U.S. Bank, N.A. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26513080) #36 filed by Defendants U.S. Bancorp., U.S. Bank, N.A.. (Attachments: #1 Proposed Order on Amended Pro Hac Vice Application)(Rissier, John) |
| Filing 41 APPLICATION of Non-Resident Attorney Henry L. Kitchin, Jr. to Appear Pro Hac Vice on behalf of Defendants Live Oak Bancshares, Inc, Live Oak Banking Company (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26533350) filed by Defendants Live Oak Bancshares, Inc, Live Oak Banking Company. (Attachments: #1 Proposed Order) (Lally, Kevin) |
| Filing 40 CERTIFICATE of Interested Parties filed by Defendants Live Oak Bancshares, Inc, Live Oak Banking Company, (Lally, Kevin) |
| Filing 39 Notice of Appearance or Withdrawal of Counsel: for attorney Kevin M Lally counsel for Defendants Live Oak Bancshares, Inc, Live Oak Banking Company. Adding Kevin M. Lally as counsel of record for Live Oak Banking Company and Live Oak Bancshares, Inc. for the reason indicated in the G-123 Notice. Filed by Defendants Live Oak Banking Company and Live Oak Bancshares, Inc.. (Attorney Kevin M Lally added to party Live Oak Bancshares, Inc(pty:dft), Attorney Kevin M Lally added to party Live Oak Banking Company(pty:dft))(Lally, Kevin) |
| Filing 38 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Michael S. Kraut to Appear Pro Hac Vice on behalf of Defendants U.S. Bancorp., U.S. Bank, N.A. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26513080) #36 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state courts to which the applicant has been admitted are not listed. (Thrasher, Lupe) |
| Filing 37 NOTICE of Appearance filed by attorney Brianna Ricque Howard on behalf of Defendants U.S. Bancorp., U.S. Bank, N.A. (Attorney Brianna Ricque Howard added to party U.S. Bancorp.(pty:dft), Attorney Brianna Ricque Howard added to party U.S. Bank, N.A.(pty:dft))(Howard, Brianna) |
| Filing 36 (STRICKEN PER 5/26/20 ORDER, DOCKET NO. 53). APPLICATION of Non-Resident Attorney Michael S. Kraut to Appear Pro Hac Vice on behalf of Defendants U.S. Bancorp., U.S. Bank, N.A. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26513080) filed by Defendants U.S. Bancorp., U.S. Bank, N.A.. (Attachments: #1 Proposed Order) (Rissier, John) Modified on 5/27/2020 (lc). |
| Filing 35 NOTICE of Interested Parties filed by Defendants U.S. Bancorp., U.S. Bank, N.A., identifying U.S. Bancorp and U.S. Bank National Association. (Rissier, John) |
| Filing 34 Notice of Appearance or Withdrawal of Counsel: for attorney Megan A Suehiro counsel for Defendants U.S. Bancorp., U.S. Bank, N.A.. Adding Megan A. Suehiro as counsel of record for U.S. Bancorp and U.S. Bank National Association for the reason indicated in the G-123 Notice. Filed by Defendants U.S. Bancorp and U.S. Bank National Association. (Attorney Megan A Suehiro added to party U.S. Bancorp.(pty:dft), Attorney Megan A Suehiro added to party U.S. Bank, N.A.(pty:dft))(Suehiro, Megan) |
| Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney John Warren Rissier counsel for Defendants U.S. Bancorp., U.S. Bank, N.A.. Adding J. Warren Rissier as counsel of record for U.S. Bancorp and U.S. Bank National Association for the reason indicated in the G-123 Notice. Filed by Defendants U.S. Bancorp and U.S. Bank National Association. (Attorney John Warren Rissier added to party U.S. Bancorp.(pty:dft), Attorney John Warren Rissier added to party U.S. Bank, N.A.(pty:dft))(Rissier, John) |
| Filing 32 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice and Acknowledgment of Service (CV-21) Executed, #27 , Notice and Acknowledgment of Service (CV-21) Executed, #28 , Notice and Acknowledgment of Service (CV-21) Executed, #29 , Notice and Acknowledgment of Service (CV-21) Executed, #30 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Service of summons and complaint returned executed 21 days. The incorrect event used is ONLY for CV 21 forms. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 31 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn, upon Defendant U.S. Bank, N.A. acknowledgment sent by Plaintiff on 5/15/2020, answer due 6/5/2020. Acknowledgment of Service signed by John Doe, Agent for Service of Process. (Meiselas, Benjamin) |
| Filing 30 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn, upon Defendant U.S. Bancorp. acknowledgment sent by Plaintiff on 5/15/2020, answer due 6/5/2020. Acknowledgment of Service signed by John Doe, Agent for Service of Process. (Meiselas, Benjamin) |
| Filing 29 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn, upon Defendant Live Oak Bancshares, Inc acknowledgment sent by Plaintiff on 5/15/2020, answer due 6/5/2020. Acknowledgment of Service signed by P. GNIADEK, Agent for Service of Process. (Meiselas, Benjamin) |
| Filing 28 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn, upon Defendant Live Oak Banking Company acknowledgment sent by Plaintiff on 5/15/2020, answer due 6/5/2020. Acknowledgment of Service signed by P. GNIADEK, Agent for Service of Process. (Meiselas, Benjamin) |
| Filing 27 NOTICE OF MOTION AND MOTION to Dismiss filed by Defendant CitiGroup Inc., Citibank N.A.. Motion set for hearing on 6/22/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss, #2 Proposed Order) (Pollock, Bronwyn) |
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Filing 26
ORDER GRANTING APPLICATION of Non-Resident Attorney Christopher S. Comstock to Appear Pro Hac Vice on behalf of Defendants CitiGroup Inc., Citibank N.A. and designating Bronwyn F. Pollock as local counsel #17 by Judge Otis D. Wright, II (lc)
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Filing 25
ORDER GRANTING APPLICATION of Non-Resident Attorney Andrew J. Spadafora to Appear Pro Hac Vice on behalf of Defendants CitiGroup Inc., Citibank N.A. and designating Bronwyn F. Pollock as local counsel #18 by Judge Otis D. Wright, II. (lc)
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Filing 24
ORDER GRANTING APPLICATION of Non-Resident Attorney Thomas V. Panoff to Appear Pro Hac Vice on behalf of Defendants CitiGroup Inc., Citibank N.A. and designating Bronwyn F. Pollock as local counsel #16 by Judge Otis D. Wright, II (lc)
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Filing 23
ORDER GRANTING APPLICATION of Non-Resident Attorney Lucia Nale to Appear Pro Hac Vice on behalf of Defendants CitiGroup Inc., Citibank N.A. and designating Bronwyn F. Pollock as local counsel #15 by Judge Otis D. Wright, II (lc)
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| Filing 22 PROOF OF SERVICE Executed by Plaintiff Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn, upon Defendant Harvest Small Business Finance LLC served on 5/14/2020, answer due 6/4/2020. Service of the Summons and Complaint were executed upon Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Meiselas, Benjamin) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn, upon Defendant Newtek Business Services Inc. served on 5/14/2020, answer due 6/4/2020. Service of the Summons and Complaint were executed upon Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Meiselas, Benjamin) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn, upon Defendant Wells Fargo N.A. served on 5/14/2020, answer due 6/4/2020. Service of the Summons and Complaint were executed upon Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Meiselas, Benjamin) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Tush Law Ltd., American Video Duplicating Inc., Kenneth M. Hahn, upon Defendant Wells Fargo and Company served on 5/14/2020, answer due 6/4/2020. Service of the Summons and Complaint were executed upon Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Meiselas, Benjamin) |
| Filing 18 APPLICATION of Non-Resident Attorney Andrew J. Spadafora to Appear Pro Hac Vice on behalf of Defendants CitiGroup Inc., Citibank N.A. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26450173) filed by Defendants CitiGroup Inc., Citibank N.A.. (Attachments: #1 Proposed Order) (Pollock, Bronwyn) |
| Filing 17 APPLICATION of Non-Resident Attorney Christopher S. Comstock to Appear Pro Hac Vice on behalf of Defendants CitiGroup Inc., Citibank N.A. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26450148) filed by Defendants CitiGroup Inc., Citibank N.A.. (Attachments: #1 Proposed Order) (Pollock, Bronwyn) |
| Filing 16 APPLICATION of Non-Resident Attorney Thomas V. Panoff to Appear Pro Hac Vice on behalf of Defendants CitiGroup Inc., Citibank N.A. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26450108) filed by Defendants CitiGroup Inc., Citibank N.A.. (Attachments: #1 Proposed Order) (Pollock, Bronwyn) |
| Filing 15 APPLICATION of Non-Resident Attorney Lucia Nale to Appear Pro Hac Vice on behalf of Defendants CitiGroup Inc., Citibank N.A. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26450045) filed by Defendants CitiGroup Inc., Citibank N.A.. (Attachments: #1 Proposed Order) (Pollock, Bronwyn) |
| Filing 14 NOTICE of Interested Parties filed by Defendants CitiGroup Inc., Citibank N.A., (Pollock, Bronwyn) |
| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney Bronwyn F Pollock counsel for Defendants CitiGroup Inc., Citibank N.A.. Adding Bronwyn F. Pollock as counsel of record for Citibank, N.A. and specially appearing for Citigroup, Inc. for the reason indicated in the G-123 Notice. Filed by defendants Citibank, N.A., and Citigroup, Inc.. (Attorney Bronwyn F Pollock added to party CitiGroup Inc.(pty:dft), Attorney Bronwyn F Pollock added to party Citibank N.A.(pty:dft))(Pollock, Bronwyn) |
| Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendants Bank Of America Corporation, Bank of America N.A., CitiGroup Inc., Citibank N.A., Harvest Small Business Finance LLC, JP Morgan Chase Bank N.A., JPMorgan Chase and Co., Live Oak Bancshares, Inc, Live Oak Banking Company, MUFG Bank Ltd., MUFG Union Bank NA, Newtek Business Services Inc., PayPal Holdings Inc, U.S. Bancorp., U.S. Bank, N.A., Wells Fargo N.A., Wells Fargo and Company. (lc) |
| Filing 11 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs American Video Duplicating Inc., Kenneth M. Hahn, Tush Law Ltd.. (Attachments: #1 Attachment 1, #2 Attachment 2)(Geragos, Mark) |
| Filing 10 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #9 . The following error(s) was found: The case number and/or judge(s)initials are incorrect. The name and address of the attorney for plaintiff(s)must be entered in the appropriate field. 1) Official case number is MISSING assigned Judge and Magistrate initials. Case number to read correctly as: 2:20-cv-03815-ODW-AGR. 2) Attachment 1 is Not identified as ATTACHMENT 1". Only page 1 and 2 of complaint attached of which.. Page 1 still reflects the INCORRECT street address and contact information as to the GrayLaw Group of which filer filed an Errata docket no. 8. Therefore, a clean attachment of ONLY the CASE CAPTION should be prepared... (Or Please correct GrayLaw Group information per Your errata, on page 1 and and remove the unnecessary incomplete partial text of the complaint on page. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs American Video Duplicating Inc., Kenneth M. Hahn, Tush Law Ltd.. (Attachments: #1 Attachment, #2 Attachment)(Geragos, Mark) |
| Filing 8 NOTICE OF ERRATA filed by Plaintiffs American Video Duplicating Inc., Kenneth M. Hahn, Tush Law Ltd.. correcting Complaint (Attorney Civil Case Opening), #1 (Meiselas, Benjamin) |
| Filing 7 NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, (Meiselas, Benjamin) |
| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (jtil) |
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Filing 5
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information.. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc)
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| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alicia G. Rosenberg. (jtil) |
| Filing 2 CIVIL COVER SHEET filed by Movants AMERICAN VIDEO DUPLICATING INC, KENNETH M. HAHN DBA CAL STATE FINANCIAL, TUSH LAW LTD. (Geragos, Mark) |
| Filing 1 COMPLAINT Receipt No: ACACDC-26234546 - Fee: $400, filed by Plaintiff AMERICAN VIDEO DUPLICATING INC, KENNETH M. HAHN DBA CAL STATE FINANCIAL, TUSH LAW LTD. (Attorney Mark John Geragos added to party AMERICAN VIDEO DUPLICATING INC(pty:bkmov), Attorney Mark John Geragos added to party KENNETH M. HAHN DBA CAL STATE FINANCIAL(pty:bkmov), Attorney Mark John Geragos added to party TUSH LAW LTD(pty:bkmov))(Geragos, Mark) |
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