Darrell E. Costa et al v. Roman Melikov et al
| Darrell E. Costa and Byron C. Costa |
| Interactive Brokers, LLC, Roman Melikov, Melikova Advisory Services, LLC, Interactive Brokers Group, Inc. and Does 1 to 20 |
| 2:2020cv09467 |
| October 13, 2020 |
| US District Court for the Central District of California |
| Andre Birotte |
| Alka Sagar |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Filing 31 NOTICE OF LODGING filed re Report #30 (Attachments: #1 Proposed Order PROPOSED ORDER for JOINT REPORT re ARBITRATION)(Murrin, John) |
| Filing 30 JOINT REPORT of re ARBITRATION filed by Plaintiff Darrell E. Costa. (Murrin, John) |
| Filing 29 PROOF OF SERVICE Executed by Plaintiff Darrell E. Costa, upon Defendant Melikova Advisory Services, LLC served on 11/12/2020, answer due 12/3/2020. Service of the Summons and Complaint were executed upon Corporation Service Company, as Registered Agent in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Attachments: #1 Exhibit Attachment A to Proof of Service - Certified Mail Return Receipt & Proof of Delivery)(Murrin, John) |
| Filing 28 JOINT REPORT filed by Defendant Roman Melikov. (Melikov, Roman) |
Filing 27
MINUTES (IN CHAMBERS) ORDER STAYING MOTION TO DISMISS AND ORDERING PARTIES TO MEET AND CONFER RE: ARBITRATION by Judge Andre Birotte Jr.: Given that all parties who have appeared have argued that the claims are subject to arbitration, it appears to the Court that the parties should be able to agree on proceeding in arbitration. The Court therefore STAYS Defendant Roman Melikov's Renewed Motion to Dismiss #20 and ORDERS all parties to meet and confer in good faith in an attempt to agree on arbitrating this action in its entirety. The parties must (1) meet and confer by 12/4/2020, and (2) file a Joint Report by 12/11/2020, along with an appropriate Stipulation and Proposed Order to effectuate any agreement. To avoid unnecessarily burdening the Court with docketing mailed filings, the Court URGES Mr. Melikov to resume filing electronically, as he has been granted permission to do so and has attested to having access to all of the technical requirements necessary to electronically file successfully. Court Reporter: N/A. (gk)
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| Filing 26 REPLY to Plaintiffs' Response in Opposition to Defendant's Renewed Motion to Dismiss Amended Complaint for Lack of Subject-Matter Jurisdiction and/or Improper Venue #20 filed by Defendant Roman Melikov. (gk) |
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Filing 25
ORDER APPROVING STIPULATION RE: ARBITRATION OF CLAIMS AGAINST INTERACTIVE BROKERS LLC, STAY OF PROCEEDINGS, AND DISMISSAL OF INTERACTIVE BROKERS GROUP, INC. WITHOUT PREJUDICE by Judge Andre Birotte Jr.: Upon Stipulation #23 , the Court ORDERS that: (1) Subject to Paragraph 4 below, all claims asserted by Plaintiffs against Defendant Interactive Brokers LLC ("IB LLC") in this action will be arbitrated before FINRA Dispute Resolution ("FINRA"), and this action is STAYED FOR SIX MONTHS as to IB LLC in its entirety pending the arbitration of those claims before FINRA; (2) Plaintiffs are not required to file their claims against IB LLC before FINRA until there is a resolution of the dispute as to forum between Plaintiffs and Defendants Roman Melikov and Melikova Advisory Services, LLC (collectively, the "Melikov Defendants"); (3) Interactive Brokers Group, Inc. is dismissed from this action without prejudice pursuant to Rule 41(a); (4) If, after six months following the date of this Order, the Melikov Defendants have not consented to FINRA arbitration and have not been ordered to FINRA arbitration, and if Plaintiffs have not elected to proceed in FINRA solely against IB LLC, the stay of proceedings in this Court between Plaintiffs and IB LLC shall be terminated, at which point IB LLC may file a Motion to Compel Arbitration or otherwise respond to the Complaint within 21 days. The parties must, six months from this Order, file a Joint Report and/or Stipulation and Proposed Order apprising the Court of the status of the case and lifting the stay, if appropriate; and (5) Should the Melikov Defendants consent to FINRA arbitration, the parties shall so inform the Court and file an appropriate Stipulation and Proposed Order within five days of such consent. (gk)
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| Filing 24 Plaintiffs Opposition to Defendant Roman Melikovs Renewed Motion to Dismiss Amended Complaint for Lack of Subject-Matter Jurisdiction and/or Improper Venue Opposition re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #20 filed by Plaintiff Darrell E. Costa. (Murrin, John) |
| Filing 23 First STIPULATION for Order Stipulation re: Arbitration of Claims Against Interactive Brokers LLC, Stay of Proceedings, and Dismissal of Interactive Brokers Group, Inc. Without Prejudice filed by plaintiff Darrell E. Costa. (Attachments: #1 Proposed Order Stipulation re: Arbitration of Claims Against Interactive Brokers LLC, Stay of Proceedings, and Dismissal of Interactive Brokers Group, Inc. Without Prejudice)(Murrin, John) |
| Filing 22 CERTIFICATE OF SERVICE filed by Defendant Roman Melikov, re Notice of Motion and Renewed Motion to Dismiss Amended Complaint for Lack of Subject-Matter Jurisdiction and/or Improper Venue #20 and other documents, served on 11/2/2020. (gk) |
| Filing 21 SEPARATE STATEMENT of Undisputed Facts for Renewed Motion to Dismiss Amended Complaint #20 filed by Defendant Roman Melikov. (Attachments: #1 Part 2, #2 Part 3)(gk) |
| Filing 20 RENEWED MOTION to Dismiss Amended Complaint for Lack of Subject-Matter Jurisdiction and/or Improper Venue filed by Defendant Roman Melikov. Motion set for hearing on 12/4/2020 at 10:00 AM before Judge Andre Birotte Jr. (gk) |
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Filing 19
(IN CHAMBERS) ORDER DEEMING DEFENDANT ROMAN MELIKOV'S MOTION TO DISMISS AS MOOT (Dkt. No. 11) by Judge Andre Birotte Jr.: In light of the First Amended Complaint (Dkt. No. 18), Defendants Motion to Dismiss is DENIED as MOOT, and the hearing scheduled for November 20, 2020, is hereby VACATED. IT IS SO ORDERED. (cb)
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| Filing 18 FIRST AMENDED COMPLAINT against DEFENDANTS All Defendants amending Notice of Removal, #1 , filed by plaintiffs Darrell E. Costa, Byron C. Costa(Murrin, John) |
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Filing 17
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 2/19/2021 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 13 DEFENDANT ROMAN MELIKOV'S SEPARATE STATEMENT OF UNDISPUTED FACTS (Attachments: #1 Part 2, #2 Part 3, #3 Part 4)(bm) |
| Filing 10 TEXT ONLY ENTRY: The filing fee having been paid 9 , the NOTICE OF FILING OF COMPLAINT WITHOUT PREPAYMENT OF FILING FEES OR REQUEST TO PROCEED IN FORMA PAUPERIS (CV-93) #4 is terminated as moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ib) |
| Filing 16 CERTIFICATE OF SERVICE filed by defendant Roman Melikov, re Civil Cover Sheet; Certificate/Notice of Interested Parties #2 , Notice of Assignment to United State Judges; and Defendant Roman Melikov's Notice of Removal of Action from State Court to the United States District Court for the Central District of California, #1 served on 10/15/2020. (bm) |
| Filing 15 CERTIFICATE OF SERVICE filed by defendant Roman Melikov, re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #11 , Memorandum in Support of Motion #12 , Statement #13 , served on 10/22/2020. (bm) |
| Filing 14 CERTIFICATE OF SERVICE filed by defendant Roman Melikov, re Standing Order #7 served on 10/22/2020. (bm) |
| Filing 9 FINANCIAL ENTRY: Received $400.00 from Roman Melikov. Re: Notice of Removal, #1 . Receipt number LA213446. (fr) |
| Filing 12 MEMORANDUM IN SUPPORT OF DEFENDANT ROMAN MELIKOV'S MOTION TO DISMISS FOR LACK OF SUBJECT-MATTER JURISDICTION AND/OR IMPROPER VENUE #11 filed by Defendant Roman Melikov. (bm) |
| Filing 11 DEFENDANT ROMAN MELIKOV'S MOTION TO DISMISS FOR LACK OF SUBJECT-MATTER JURISDICTION AND/OR IMPROPER VENUE filed by defendant Roman Melikov. Motion set for hearing on 11/20/2020 at 10:00 AM before Judge Andre Birotte Jr. (bm) |
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Filing 8
ORDER by Judge Andre Birotte Jr: granting #3 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (bm)
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Filing 7
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Alka Sagar. (esa) |
| Filing 4 NOTICE OF FILING OF COMPLAINT WITHOUT PREPAYMENT OF FILING FEES OR REQUEST TO PROCEED IN FORMA PAUPERIS (CV-93) filed by defendant Roman Melikov. (esa) |
| Filing 3 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by defendant Roman Melikov. (esa) |
| Filing 2 Certification and Notice of Interested Parties filed by defendant Roman Melikov. (esa) |
| Filing 1 NOTICE OF REMOVAL from Superior Cout of California, Los Angeles County, case number 20STCV26037 with conformed copies of summons and complaint (p. 36). Case assigned to Judge Andre Birotte Jr, discovery to Magistrate Judge Alka Sagar, filed by defendant Roman Melikov. (Attachments: #1 CV 71) (esa) |
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