Francisco Garza Vargas v. Moshe Levy et al
| Francisco Garza Vargas |
| Yaakov Kobi Levy, Moshe Levy, Roe Corporations and Does I through X, inclusive |
| 2:2020cv09474 |
| October 15, 2020 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Karen L Stevenson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on June 2, 2023. A more recent docket listing may be available from PACER.
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| Filing 40 STATUS REPORT (Second) Regarding Arbitration filed by Plaintiff Francisco Garza Vargas. (Clement, Chad) |
| Filing 39 STATUS REPORT (First) Regarding Arbitration filed by Plaintiff Francisco Garza Vargas. (Clement, Chad) |
Filing 38
MINUTE (IN CHAMBERS) ORDER TO ADMINISTRATIVELY CLOSE CASE by Judge Michael W. Fitzgerald. The Court ORDERS Plaintiff to file a Status Report re arbitration every 90 days or within ten days of an arbitrator's award, commencing March 3, 2023. The Court FURTHER ORDERS the Clerk of Court to administratively close this action. (Made JS-6. Case Terminated.) (iv)
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Filing 37
MINUTES (IN CHAMBERS) ORDER GRANTING PLAINTIFFS MOTION TO LIFT STAY, COMPEL ARBITRATION, AND APPOINT ARBITRATOR by Judge Michael W. Fitzgerald. Plaintiff's Motion is GRANTED. (iv)
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Filing 36
SELF-REPRESENTATION ORDER by Judge Michael W. Fitzgerald. SEE ORDER FOR DETAILS. (iv)
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Filing 35
MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald. Case should have been reopened on entry dated 3/2/2022. (Case reopened. MD JS-5.) (iv)
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Filing 34
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 21-08, Order of the Chief Judge 21-124, and Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds PLAINTIFF FRANCISCO GARZA VARGAS MOTION TO LIFT STAY, COMPEL ARBITRATION, AND APPOINT ARBITRATOR #27 appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for March 7, 2022 is vacated and taken off calendar. If the Court determines that a hearing is necessary, one will be reset at a later date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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| Filing 33 PROOF OF SERVICE filed by Defendants Moshe Levy, Yaakov Kobi Levy, re NOTICE OF MOTION AND MOTION of Patrick M. Maloney, Carl. I.S. Mueller, The Maloney Firm APC; Matthew A. Flamm of Flamm & Teibloom LLC to Withdraw as Attorney for Defendants Moshe Levy and Yaakov Levy #24 served on February 24, 2022. (Mueller, Carl) |
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Filing 32
MINUTES (IN CHAMBERS) ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANTS MOSHE LEVY AND YAAKOV LEVY #24 by Judge Michael W. Fitzgerald. The Motion is GRANTED. After filing the proof of service, Counsel is granted leave to withdraw and will be deemed withdrawn as counsel of record. The docket shall reflect the withdrawal. Individual Defendants, such as both Moshe Levy and Yaakov (Kobi) Levy, may appoint substitute counsel or appear pro se. Defendants must file a notice with the Court no later than March 25, 2021 indicating if they intend to hire substitute counsel or choose to proceed pro se. (iv)
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| Filing 31 NOTICE Non-Opposition to Motion to Withdraw as Counsel for Defendants Moshe Levy and Yaakov Levy filed by Defendants Yaakov Kobi Levy. (Mueller, Carl) |
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Filing 30
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 21-08, Order of the Chief Judge 21-124, and Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds the MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANTS MOSHE LEVY AND YAAKOV LEVY #24 is appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for February 7, 2022 is vacated and taken off calendar. If the Court determines that a hearing is necessary, one will be reset at a later date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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| Filing 29 STATUS REPORT filed by Plaintiff Francisco Garza Vargas. (Clement, Chad) |
| Filing 28 NOTICE OF LODGING filed Proposed Order Re Plaintiff Francisco Garza Vargas's Motion to Lift Stay, Compel Arbitration, and Appoint Arbitrator re NOTICE OF MOTION AND MOTION to Lift Stay NOTICE OF MOTION AND MOTION to Compel Arbitration #27 (Attachments: #1 Exhibit 1)(Clement, Chad) |
| Filing 27 NOTICE OF MOTION AND MOTION to Lift Stay , NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Plaintiff Francisco Garza Vargas. Motion set for hearing on 3/7/2022 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Plaintiff Francisco Garza Vargas's Motion to Lift Stay, Compel Arbitration, and Appoint Arbitrator, #2 Exhibit 1, #3 Exhibit 2) (Clement, Chad) |
| Filing 26 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION of Patrick M. Maloney, Carl. I.S. Mueller, The Maloney Firm APC; Matthew A. Flamm of Flamm & Teibloom LLC to Withdraw as Attorney for Defendants Moshe Levy and Yaakov Levy #24 (Attachments: #1 Proposed Order Proposed Order - Exhibit A)(Mueller, Carl) |
| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Withdraw #24 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. Pursuant to Local Rule 5-4.4.1- Proposed orders not lodged with a main document shall be electronically lodged as an attachment to a Notice of Lodging. 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. (iv) |
| Filing 24 NOTICE OF MOTION AND MOTION of Patrick M. Maloney, Carl. I.S. Mueller, The Maloney Firm APC; Matthew A. Flamm of Flamm & Teibloom LLC to Withdraw as Attorney for Defendants Moshe Levy and Yaakov Levy filed by Defendants Moshe Levy, Yaakov Kobi Levy. Motion set for hearing on 2/7/2022 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Motion to Withdraw as Attorneys for Defendants) (Mueller, Carl) |
| Filing 23 STATUS REPORT Joint Status Report filed by Plaintiff Francisco Garza Vargas. (Clement, Chad) |
| Filing 22 STATUS REPORT Joint Status Report filed by Plaintiff Francisco Garza Vargas. (Clement, Chad) |
| Filing 21 STATUS REPORT filed by Plaintiff Francisco Garza Vargas. (Clement, Chad) |
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Filing 20
ORDER GRANTING STIPULATION TO ORDER CASE TO ARBITRATION AND STAY CASE #18 by Judge Michael W. Fitzgerald. The Court ORDERS that (1) this case be submitted to binding, private arbitration, per the terms of the arbitration provision of the Mo-Pac LLC Operating Agreement, and (2) that this case is stayed pending the conclusion of that arbitration. The parties are FURTHER ORDERED to file a Joint Status Report every 90 days, commencing on April 15, 2021, or within 10 days of an arbitration award, whichever occurs first. The Court ORDERS the Clerk to administratively close this action. (MD JS-6. Case Terminated) (iv)
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Filing 19
ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Matthew Flamm to Appear Pro Hac Vice on behalf of Defendants Moshe Levy and Yaakov (Kobi) Levy, designating Patrick Maloney as local counsel #17 . (iv)
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| Filing 18 STIPULATION to Stay Case pending Arbitration filed by Defendant Moshe Levy, Yaakov Kobi Levy. (Attachments: #1 Proposed Order)(Mueller, Carl) |
| Filing 17 APPLICATION of Non-Resident Attorney Matthew A. Flamm to Appear Pro Hac Vice on behalf of Defendants Moshe Levy, Yaakov Kobi Levy (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30051570) filed by Defendant Moshe Levy, Yaakov Kobi Levy. (Attachments: #1 Proposed Order) (Maloney, Patrick) |
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Filing 16
ORDER GRANTING SECOND STIPULATION OF TIME FOR DEFENDANTS TO FILE AN ANSWER OR OTHERWISE RESPOND TO THE INITIAL COMPLAINT #14 by Judge Michael W. Fitzgerald. Defendants MOSHE LEVY and YAAKOV (KOBI) LEVY shall have up to and including January 14, 2021, to file an Answer or otherwise respond to Plaintiff's Complaint in the above-captioned matter. The Court's Order to Show Cause #10 is DISCHARGED. (iv)
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| Filing 15 NOTICE of Interested Parties filed by Defendant Moshe Levy, Yaakov Kobi Levy, (Mueller, Carl) |
| Filing 14 Second STIPULATION for Extension of Time to File Response as to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Moshe Levy, Yaakov Kobi Levy. (Attachments: #1 Proposed Order Proposed Order)(Attorney Carl I S Mueller added to party Moshe Levy(pty:dft), Attorney Carl I S Mueller added to party Yaakov Kobi Levy(pty:dft))(Mueller, Carl) |
| Filing 13 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Matthew Flamm and Joel Teibloom. 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. (iv) |
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Filing 12
ORDER by Judge Michael W. Fitzgerald. The Court has reviewed the parties' Stipulation to Extend Time for Response to the Complaint #11 (the "Stipulation"). The Court notes that the proposed Order does not comply with Local Rule 52-4.1. The Court further notes that the proposed Order was not emailed to MWF_Chambers@cacd.uscourts.gov as required by Local Rule 5.4.4. All counsel must be familiar with the Local Rules; failure to comply with the Local Rules in future filings will result in documents being stricken from the record. The Court GRANTS the parties' Stipulation. Defendants' response to the Complaint shall be filed no later than 1/12/2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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| Filing 11 STIPULATION for Extension of Time to File Response to the Complaint filed by Plaintiff Francisco Garza Vargas. (Attachments: #1 Proposed Order)(Clement, Chad) |
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Filing 10
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald. The Court ORDERS Plaintiff to show cause why this action should not be dismissed for lack of prosecution. In response to this Order to Show Cause, the Court will accept the following no later than JANUARY 13, 2021. BY PLAINTIFF: PROOFS OF SERVICE AND/OR BY DEFENDANTS: RESPONSES TO THE COMPLAINT OR BY PLAINTIFF: APPLICATIONS FOR CLERK TO ENTER DEFAULT. Failure to respond to the Order to Show Cause by JANUARY 13, 2021 will result in the dismissal of this action. (iv)
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| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Yaakov Kobi Levy. (iv) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Moshe Levy. (iv) |
| Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Francisco Garza Vargas. (Clement, Chad) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Francisco Garza Vargas. (Clement, Chad) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Karen L. Stevenson. (ghap) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Francisco Garza Vargas, identifying Moshe Levy, Yaakov Levy, Amit Berger, Liat Berger, Rami Achdut. (Clement, Chad) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Francisco Garza Vargas. (Clement, Chad) |
| Filing 1 COMPLAINT Receipt No: ACACDC-28559149 - Fee: $400, filed by Plaintiff Francisco Garza Vargas. (Attorney Chad F Clement added to party Francisco Garza Vargas(pty:pla))(Clement, Chad) |
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