Michael Goldberg v. Rome McGuigan, P.C. et al
| Michael Goldberg |
| Bailey Cavalieri LLC, Ivan Acevedo, Thomas Geyer, Rome McGuigan, P.C., Brian Courtney and Does 1-10, inclusive |
| 2:2020cv09958 |
| October 28, 2020 |
| US District Court for the Central District of California |
| Steve Kim |
| John F Walter |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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Filing 87
MINUTE ORDER IN CHAMBERS by Judge John F. Walter. Case should have been closed on entry dated April 23, 2021. (Made JS-6. Case Terminated.) (iv)
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Filing 86
MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANTS ROME MCGUIGAN, P.C. AND BRIAN COURTNEY'S SUPPLEMENTAL MOTION TO DISMISS COMPLAINT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(2) [filed 3/29/2021; Docket No. #65 ]; ORDER GRANTING DEFENDANTS BAILEY CAVALIERI LLC AND THOMAS E. GEYERS SUPPLEMENTAL MOTION TO DISMISS COMPLAINT [filed 3/29/2021; Docket No. #66 ] by Judge John F. Walter. Accordingly, because the Court has dismissed the Section 10(b) and Rule 10b-5 claims alleged against the Rome Defendants and Bailey Defendants, the Court DECLINES to exercise pendent personal jurisdiction over the Rome Defendants and Bailey Defendants on the state law claims and those claims are DISMISSED without prejudice. (iv)
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| Filing 85 STATEMENT of DECISION [Proposed] Granting Defendants' Supplemental NOTICE OF MOTION AND MOTION to Dismiss Case #66 filed by Defendants Bailey Cavalieri LLC, Thomas Geyer. (Attachments: #1 Proof of Service)(Friedman, Ian) |
| Filing 84 STATEMENT of DECISION [PROPOSED] Denying Defendants Rome McGuigan, P.C. and Brian Courtney's and Bailey Cavalieri LLC and Thomas Geyer's Supplemental NOTICE OF MOTION AND MOTION to Dismiss Case #65 , Supplemental NOTICE OF MOTION AND MOTION to Dismiss Case #66 filed by Plaintiff Michael Goldberg. (Procel, Brian) |
| Filing 83 STATEMENT of Decision [Proposed] re: Supplemental NOTICE OF MOTION AND MOTION to Dismiss Case #65 . (Pott, Earll) |
| Filing 82 REPLY in support of Supplemental NOTICE OF MOTION AND MOTION to Dismiss Case #66 filed by Defendants Bailey Cavalieri LLC, Thomas Geyer. (Attachments: #1 Proof of Service)(Servais, Andrew) |
| Filing 81 REQUEST FOR JUDICIAL NOTICE re Supplemental NOTICE OF MOTION AND MOTION to Dismiss Case #65 in support of Reply filed by Defendants Brian Courtney, Rome McGuigan, P.C.. (Attachments: #1 Exhibit A - Docket in In re Woodbridge Group of Companies, LLC, et al., Case No. 17-12560, in the United States Bankruptcy Court for the District of Delaware, #2 Exhibit B - Excerpt of the Form 10-K of the Woodbridge Liquidation Trust, denoting the Table of Contents and Legal Proceedings Section, #3 Exhibit C - Docket in USA v. Shapiro, et al., Case No. 1:19-cr-20178-CMA, in the U.S. District Court for the Southern District of Florida)(Pott, Earll) |
| Filing 80 REPLY in support of Supplemental NOTICE OF MOTION AND MOTION to Dismiss Case #65 filed by Defendants Brian Courtney, Rome McGuigan, P.C.. (Pott, Earll) |
| Filing 79 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO DEFENDANTS MOTIONS TO DISMISS COMPLAINT; PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(2) filed by Plaintiff Michael Goldberg. (Attachments: #1 Exhibit A: Declaration of Bradley D. Sharp in Support of Confirmation of the First Amended Joint Chapter 11 Plan of Liquidation of Woodbridge Group of Companies, LLC and its Affiliated Debtors filed on October 19, 2018 in the United States Bankruptcy Court, District of Delaware in case number 17-12560-KJC, Doc. 2829, In re: Woodbridge Group of Companies LLC, et al., #2 Exhibit B: Robert Shapiros Judgment in a Criminal Case filed on October 17, 2019 in the United States District Court, Southern District of Florida Miami Division in case number 1:19-cr-20178-CMA, Doc. 175, United States of America v. Robert Shapiro, #3 Exhibit C: Stipulated Factual Proffer filed on August 7, 2019 in the United States District Court, Southern District of Florida, Miami Division in case number 1:19-cr-20178-CMA, Doc. 140, United States of America v. Robert Shapiro, #4 Exhibit D: Declaration of Soneet R. Kapila filed on December 26, 2017 in the United States District Court, Southern District of Florida, Miami Division, in case number 1:17-cv-24624-MGC, Doc. 36-2, Securities and Exchange Commission v. Robert Shapiro, et al., #5 Exhibit E: Debtors Motion for Entry of Order, Pursuant to Section 363(b) for the Bankruptcy Code and Bankruptcy Rule 9019, Authorizing and Approving the Debtors Entry into a Consent Order with California with Respect to the Offer or Sale of Securities filed on February 21, 2018 in in the United States Bankruptcy Court, District of Delaware in case number 17-12560-KJC, Doc. 639, In re: Woodbridge Group of Companies LLC, et al., #6 Exhibit F: Order, Pursuant to Section 363(b) of the Bankruptcy Code and Bankruptcy Rule 9019, Authorizing and Approving the Debtors Entry into Consent Order with California on March 8, 2018 in in the United States Bankruptcy Court, District of Delaware in case number 17-12560-KJC, Doc. 721, In re: Woodbridge Group of Companies LLC, et al., #7 Exhibit G: Defendant Travelers Indemnity Companys Reply in Support of Its Motion for Summary Judgment, filed on June 24, 2011 in the United States District Court, Southern District of California in Gateway, Inc. v. Gulf Insurance Company, et al., Case No. 3:10-cv-01720, Doc. 31, #8 Exhibit H: Notice of Appeal to the United States Court of Appeals for the Ninth Circuit, filed on December 13, 2011 in Endurance American Specialty Insurance Company v. Lance-Kashian & Company, et al., United States District Court, Eastern District of California Case No. 1:10-cv-01284, Doc. 113, #9 Exhibit I: Stipulated Motion to Voluntarily Dismiss Appeal filed on March 1, 2012 in Gateway, Inc. v. Gulf Insurance Company, et al., United States Court of Appeals for the Ninth Circuit Case No. 11-56783, Doc. 9, #10 Exhibit J: Defendant Scottsdale Insurance Companys Motion for Summary Judgment, filed on March 1, 2013 in Begun, et al. v. Scottsdale Ins. Co., United States District Court, Northern District of California Case No. 3:12-cv-03649, Doc. 31, #11 Exhibit K: Stipulation and Motion to Dismiss Appeal and Cross Appeal, filed on January 10, 2014 in Endurance American Specialty Insurance Company v. Lance-Kashian & Company, et al., United States Court of Appeals for the Ninth Circuit Case No. 11-17929, Doc. 42-1, #12 Exhibit L: Stipulation and Motion to Dismiss Appeal and Cross Appeal, filed on January 10, 2014 in Endurance American Specialty Insurance Company v. Lance-Kashian & Company, et al., United States Court of Appeals for the Ninth Circuit Case No. 11-17955, Doc. 42-1 Exhibit L: Stipulation and Motion to Dismiss Appeal and Cross Appeal, filed on January 10, 2014 in Endurance American Specialty Insurance Company v. Lance-Kashian & Company, et al., United States Court of Appeals for the Ninth Circuit Case No. 11-17955, Doc. 42-1, #13 Exhibit M: Joint Stipulation for Limited Extension of Discovery Cut-Off, filed on July 16, 2014 in Rosen & Associates, P.C. v. Scottsdale Insurance Company, Inc., United States District Court, Central District of California Case No. 2:13-cv-04225, Doc. 51, #14 Exhibit N: Application of Non-Resident Attorney Holly W. Wallinger to Appear in a Specific Case Pro Hac Vice, filed on November 3, 2014 in Lawnae Hunter v. Liberty Insurance Underwriters, Inc., et al., United States District Court, Central District of California Case No. 8:14-cv-01623, Doc. 19, #15 Exhibit O: Courts Order re: Motion for Darius N. Kandawalla, Esq. to Appear as Counsel Pro Hac Vice for Plaintiff Scottsdale Insurance Company, entered on February 6, 2015 in Scottsdale Insurance Company v. 8020 Consulting, LLC, et al., Superior Court of California, County of Los Angeles Case No. BC565272, #16 Exhibit P: Filed (ECF) Acknowledgment of Hearing Notice. Location: San Francisco Filed by Appellee Scottsdale Insurance Company on June 5, 2015 in the United States Court of Appeals for the Ninth Circuit in Darryn Begun, et al. v. Scottsdale Insurance Company, Inc., Case No. 13-16211, Doc. 25, #17 Exhibit Q: Joint Case Management Statement (Supplemental), filed on June 24, 2015 in LSI Corporation v. ACE American Insurance Company, et al., United States District Court, Northern District of California Case No. 5:14-cv-04353, Doc. 33, #18 Exhibit R: Notice of Appearance of Counsel filed on August 24, 2015 by Michael R. Goodstein in Opus Bank v. Liberty Insurance Underwriters, Inc., United States Court of Appeals for the Ninth Circuit Case No. 13-56231, Doc. 32, #19 Exhibit S: Courts Order on Application of Non-Resident Attorney Michael C. Goodstein to Appear in a Specific Case Pro Hac Vice, filed on October 20, 2015 in Rohan Marley v. Liberty Insurance Underwriters, Inc., United States District Court, Central District of California Case No. 2:15-cv-04718, Doc. 28, #20 Exhibit T: Defendant Scottsdale Insurance Companys Reply Memorandum in Support of Defendant Scottsdale Insurance Companys Motion for Summary Judgment, filed on September 8, 2016 in Sunrise Specialty Company, Inc., et. al. v. Scottsdale Insurance Company, United States District Court, Northern District of California Case No. 3:16-cv-01461, Doc. 29, #21 Exhibit U: Defendant-Appellee Scottsdale Insurance Companys Response to Plaintiffs-Appellants Opening Brief, filed on March 27, 2017 in Sunrise Specialty Company, Inc., et. al. v. Scottsdale Insurance Company, United States Court of Appeals for the Ninth Circuit Case No. 16-16856, Doc. 15, #22 Exhibit V: Stipulation to Request Rescheduling of the Scheduling Conference and Hearing on Motion to Dismiss, filed on August 10, 2017 in Scottsdale Insurance Company v. CNC Technologies, LLC, et al., United States District Court, Central District of California Case No. 2:17-cv-03190, Doc. 45, #23 Exhibit W: Defendant Scottsdale Insurance Companys Reply in Support Motion to Dismiss Pursuant to F.R.C.P. 12(b)(6), filed on August 28, 2017 in David Czerwinski, et. al. v. Scottsdale Insurance Company, et al., United States District Court of Appeals for the Ninth Circuit Case No. 2:17-cv-04408, Doc. 43, #24 Exhibit X: Declaration of Sabrina Haurin in Support of Defendant Liberty Insurance Underwriters Inc.s Ex Parte Application to Continue Hearing Pursuant to F.R.C.P. 56(d), filed on March 1, 2018 in PGP Investors, LLC, et al. v. Liberty Insurance Underwriters Inc., United States District Court, Central District of California Case No. 2:17-cv-05296, Doc. 39-2, #25 Exhibit Y: Defendant Liberty Insurance Underwriters Inc.s Reply in Support of Motion to Dismiss Second Amended Complaint Pursuant to F.R.C.P. 12(b)(6), filed on May 29, 2018 in Jayhawk Private Equity Fund II, L.P. v. Liberty Insurance Underwriters Inc., et al., United States District Court, Central District of California Case No. 2:17-cv-05523, Doc. 69, #26 Exhibit Z: Declaration of Sabrina Haurin in Support of Plaintiff Scottsdale Insurance Companys Memorandum in Opposition to Defendants Computer Sciences Corporations and CSC Agility Platform, Inc. FKA ServiceMesh, Inc.s Motion in Limine No. 1: Bar Evidence or Argument Relating to the Litigation Against and Bad Acts of Eric Pulier, filed on February 1, 2019 in Scottsdale Insurance Company v. CSC Agility Platform, Inc., et al., United States District Court, Central District of California Case No. 2:17-cv-07762, Doc. 93-1, #27 Exhibit AA: Appellee Scottsdale Insurance Companys Form 7. Mediation Questionnaire, filed on March 11, 2019 in Scottsdale Ins. Co. v. CSC Agility Platform, Inc., et al., United States Court of Appeals for the Ninth Circuit Case No. 19-55249, Doc. 2, #28 Exhibit BB: Plaintiff/Appellee Scottsdale Insurance Companys Unopposed Motion to Seal Portions of Plaintiff/Appellees Answering Brief and Certain Record Excerpts in Support Thereof, filed on September 19, 2019 in Scottsdale Insurance Company v. Computer Sciences Corporation, et al., United States Court of Appeals for the Ninth Circuit Case No. 19-55249, Doc. 35, #29 Exhibit CC: Courts Order on Application of Non-Resident Attorney Sabrina C. Haurin to Appear in a Specific Case Pro Hac Vice, entered on January 27, 2020 in Scottsdale Indemnity Company v. Sun Coast General Insurance Agency, Inc., United States District Court, Central District of California Case No. 8:19-cv-01947, Doc. 18, #30 Exhibit DD: Joint Rule 26(f) Report, filed on February 13, 2020 in Daniel Moizel v. Ironshore Specialty Insurance Company, United States District Court, Central District of California Case No. 2:19-cv-08527, Doc. 17, #31 Exhibit EE: Courts Order on Application of Non-Resident Attorney Michael R. Goodstein to Appear in a Specific Case Pro Hac Vice, entered on March 3, 2020 in Opus Bank v. Liberty v. Insurance Underwriters, Inc., United States District Court, Central District of California Case No. 2:14-cv-02289, Doc. 61, #32 Exhibit FF: Application for Admission of Attorney Jolene S. Griffith Pro Hac Vice, filed on March 24, 2020 in Scottsdale Insurance Company v. David Fineman, United States District Court, Central District of California Case No. 4:20-cv-00368, Doc. 14)(Miller, Louis) |
| Filing 78 DECLARATION of Thomas Jeremiassen in Opposition to Supplemental NOTICE OF MOTION AND MOTION to Dismiss Case #65 filed by Plaintiff Michael Goldberg. (Attachments: #1 Exhibit 1: March 5, 2013 email from Golden to Courtney, Subject: Securities Memo or Legal Opinion, #2 Exhibit 2: March 15, 2013 email from Golden to Pitt, Subject: RE: Sent to you on behalf of Brian C. Courtney, Esquire, #3 Exhibit 3: March 8, 2013 email from Golden to Courtney attaching FPCM documents, Subject: Senior Position Docs, #4 Exhibit 4: May 22, 2013 email from Courtney to Golden, Subject: RE: Opinion, #5 Exhibit 5: May 22, 2013 email from Pitt to Golden attaching the tailored memo, Subject: Sent to you on behalf of Brian C. Courtney, Esquire, #6 Exhibit 6: May 30, 2013 email from Golden to Courtney attaching FPCM documents, Subject: word format latest and greatest versions, #7 Exhibit 7: June 3, 2013 email from Courtney to Golden attaching revised memo, Subject: revised memo, #8 Exhibit 8: June 3, 2013 email from Courtney to Golden attaching redlined FPCM documents, Subject: Woodbridge loan documents, #9 Exhibit 9: September 26, 2016 FPCM documents for Arthur Sternberg and Irma R. Sternberg, #10 Exhibit 10: April 25, 2017 FPCM documents for Adam M. Feist and Mary A. Feist, #11 Exhibit 11: June 22, 2017 FPCM documents for Mainstar Trust, Custodian FBO Murray Mackson, #12 Exhibit 12: July 12, 2017 FPCM documents for Alan Mayeda, #13 Exhibit 13: July 16, 2013 email from Golden to Courtney, Subject: RE: One last change, #14 Exhibit 14: July 30, 2013 email from Courtney to Golden attaching revised memo, Subject: revised memo with your requested changes, #15 Exhibit 15: November 6, 2014 email from Golden to Courtney attaching memo, Subject: Senior Interest opinion letter, #16 Exhibit 16: November 12, 2014 email from Golden to Schwartz attaching signed memo, Subject: RE: New Broker, #17 Exhibit 17: September 25, 2013 email from Goldman to Goldman cc Reed attaching opinion letters, Subject: FW: woodbridge/commercial note status, #18 Exhibit 18: September 26, 2013 email from Goldman to financial planners, subject: FW: woodbridge/commercial note status, #19 Exhibit 19: June 2, 2017 email from Wise to Grippando, Subject: RE: Privileged Communication Term EEs (Updated) & Current EEs Worksheet, #20 Exhibit 20: Collection of emails to financial planners who received the Rome memo, #21 Exhibit 21: Excerpts from the April 6, 2017 SEC Examination of Gayne Diana Balayan, #22 Exhibit 22: January 5, 2017 email from Lara to Iranossian attaching FedEx Return Label, #23 Exhibit 23: January 3, 2017 from Lara to Glick attaching FedEx Return Label, #24 Exhibit 24: January 17, 2017 email from Stovall to Lewis attaching FedEx Return Label, #25 Exhibit 25: December 21, 2016 email from Lara to Iranossian attaching FedEx Return Label, #26 Exhibit Exhibit 26 - Part 1 of 2: October 30, 2015 email from Saunig to Balayan attaching the final version of the Woodbridge Mortgage Investment Fund 3A PPM, #27 Exhibit Exhibit 26 - Part 2 of 2: October 30, 2015 email from Saunig to Balayan attaching the final version of the Woodbridge Mortgage Investment Fund 3A PPM, #28 Exhibit 27: August 10, 2016 email from Reed to Shapiro attaching the California properties chart, Subject: FW: CA Properties Owned, #29 Exhibit 28: December 14, 2015 letter from the California Department of Justice to Woodbridge, #30 Exhibit 29: June 8, 2016 letter from the California Department of Justice to Woodbridge, #31 Exhibit 30: November 18, 2016 California Department of Business Oversight Notice to Consumer for its subpoena for records of Woodbridges Comerica banking records, #32 Exhibit 31: October 5, 2017 California Department of Business Oversight subpoena to Woodbridge, #33 Exhibit 32: Schedule DSI created of assigning investors who were referred to Woodbridge by a broker who received the Bailey memo, #34 Exhibit 33: Schedule DSI created showing whether each assigning investor had a Note or Unit investment, the total amount of their allowed claim, and their state of residence, #35 Exhibit 34: Schedule DSI created showing the total amount of principal that each assigning investor invested into each fund, along with the total amount of principal that Woodbridge returned to them)(Miller, Louis) |
| Filing 77 DECLARATION of Thomas Jeremiassen in Opposition to Supplemental NOTICE OF MOTION AND MOTION to Dismiss Case #66 filed by Plaintiff Michael Goldberg. (Attachments: #1 Exhibit 1: Schedule DSI created of assigning investors who were referred to Woodbridge by a broker who received the Bailey memo, #2 Exhibit 2: September 18, 2015 email from Golden to Geyer attaching Ahern subpoena, Subject: FW: Subpoena, #3 Exhibit 3: October 22, 2015 email from Geyer to Golden attaching loan documents, Subject: FW: Subpoena, #4 Exhibit 4: Checks paid to Bailey Cavalieri by Woodbridge, #5 Exhibit 5: October 28, 2015 email from Geyer to Golden, Subject: Ohio/Jeff Ahern Update & Letter for Review, #6 Exhibit 6: October 28, 2015 email from Golden to Geyer, Subject: Ohio/Jeff Ahern Update & Letter for Review, #7 Exhibit 7: October 29, 2015 email from Golden to Geyer, Subject: RE: Ohio/Jeff Ahern, #8 Exhibit 8: October 30, 2015 email from Geyer to Golden, Subject: RE: Ohio/Jeff Ahern, #9 Exhibit 9: Woodbridge Wealth Brochure, #10 Exhibit 10: Woodbridge Wealth marketing materials, #11 Exhibit 11: Collection of emails to financial planners who received the Bailey Cavalieri memo, #12 Exhibit 12: June 2, 2017 email from Wise to Grippando, Subject: RE: Privileged Communication Term EEs (Updated) & Current EEs Worksheet, #13 Exhibit 13: September 26, 2016 FPCM documents for Arthur Sternberg and Irma R. Sternberg, #14 Exhibit 14: April 25, 2017 FPCM documents for Adam M. Feist and Mary A. Feist, #15 Exhibit 15: June 22, 2017 FPCM documents for Mainstar Trust, Custodian FBO Murray Mackson, #16 Exhibit 16: July 12, 2017 FPCM documents for Alan Mayeda, #17 Exhibit 17: Excerpts from the April 6, 2017 SEC Examination of Gayne Diana Balayan, #18 Exhibit 18: January 5, 2017 email from Lara to Iranossian attaching FedEx Return Label, #19 Exhibit 19: January 3, 2017 from Lara to Glick attaching FedEx Return Label, #20 Exhibit 20: January 17, 2017 email from Stovall to Lewis attaching FedEx Return Label, #21 Exhibit 21: December 21, 2016 email from Lara to Iranossian attaching FedEx Return Label, #22 Exhibit 22: October 30, 2015 email from Saunig to Balayan attaching the final version of the Woodbridge Mortgage Investment Fund 3A PPM, #23 Exhibit 23: August 10, 2016 email from Reed to Shapiro attaching the California properties chart, Subject: FW: CA Properties Owned, #24 Exhibit 24: December 14, 2015 letter from the California Department of Justice to Woodbridge, #25 Exhibit 25: June 8, 2016 letter from the California Department of Justice to Woodbridge, #26 Exhibit 26: November 18, 2016 California Department of Business Oversight Notice to Consumer for its subpoena for records of Woodbridges Comerica banking records, #27 Exhibit 27: October 5, 2017 California Department of Business Oversight subpoena to Woodbridge, #28 Exhibit 28: Schedule DSI created showing whether each assigning investor had a Note or Unit investment, the total amount of their allowed claim, and their state of residence, #29 Exhibit 29: Schedule DSI created showing the total amount of principal that each assigning investor invested into each fund, along with the total amount of principal that Woodbridge returned to them)(Miller, Louis) |
| Filing 76 DECLARATION of Louis R. Miller re Minutes of In Chambers Order/Directive - no proceeding held #75 filed by Plaintiff Michael Goldberg. (Miller, Louis) |
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Filing 75
MINUTE ORDER (IN CHAMBERS): ORDER STRIKING DOCKET NUMBERS 71, 72 and 73 by Judge John F. Walter. Accordingly, Docket Numbers #71 , #72 and #73 are STRICKEN. See minute order for details. (lom)
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| Filing 74 [PROPOSED ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS COMPLAINT; PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(2) filed as] REQUEST for Order DENYING DEFENDANTS MOTIONS TO DISMISS COMPLAINT; PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(2) Michael Goldberg. (Procel, Brian) Modified on 4/7/2021 (lom). |
| Filing 73 STRICKEN, see docket entry no. 75 - REQUEST FOR JUDICIAL NOTICE re Supplemental NOTICE OF MOTION AND MOTION to Dismiss Case #65 , Supplemental NOTICE OF MOTION AND MOTION to Dismiss Case #66 filed by Plaintiff Michael Goldberg. (Attachments: #1 Exhibits A - FF)(Procel, Brian) Modified on 4/7/2021 (lom). |
| Filing 72 STRICKEN, see docket entry no. 75 - DECLARATION of THOMAS JEREMIASSEN re Objection/Opposition (Motion related) #70 filed by Plaintiff Michael Goldberg. (Attachments: #1 Exhibits Part 1, #2 Exhibits Part 2, #3 Exhibits Part 3, #4 Exhibits Part 4, #5 Exhibits Part 5)(Procel, Brian) Modified on 4/7/2021 (lom). |
| Filing 71 STRICKEN, see docket entry no. 75 - DECLARATION of THOMAS JEREMIASSEN re Objection/Opposition (Motion related) #70 filed by Plaintiff Michael Goldberg. (Attachments: #1 Exhibits Part 1, #2 Exhibits Part 2, #3 Exhibits Part 3, #4 Exhibits Part 4)(Procel, Brian) Modified on 4/7/2021 (lom). |
| Filing 70 OPPOSITION in re: Supplemental NOTICE OF MOTION AND MOTION to Dismiss Case #65 , Supplemental NOTICE OF MOTION AND MOTION to Dismiss Case #66 filed by Plaintiff Michael Goldberg. (Procel, Brian) |
| Filing 69 REQUEST FOR JUDICIAL NOTICE re Supplemental NOTICE OF MOTION AND MOTION to Dismiss Case #66 filed by Defendants Bailey Cavalieri LLC, Thomas Geyer. (Attachments: #1 Exhibit Exhibit 1: Complaint filed in the case Michael Goldberg, as Trustee of the Woodbridge Liquidation Trust v. Halloran & Sage LLP, et al. in the Superior Court of California County of Los Angeles, Case No. 19STCV42900. For purposes of this Notice, exhibits have been omitted., #2 Exhibit Exhibit 2: Order Granting Defendants Bailey Cavalieri, LLC and Thomas Geyers Motion to Quash in the case Michael Goldberg, as Trustee of the Woodbridge Liquidation Trust v. Halloran & Sage LLP, et al. in the Superior Court of California County of Los Angeles, Case No. 19STCV42900., #3 Exhibit Exhibit 3: Defendants Bailey Cavalieri, LLC and Thomas Geyers Notice of Motion to Quash Service of Summons filed in the case Michael Goldberg, as Trustee of the Woodbridge Liquidation Trust v. Halloran & Sage LLP, et al. in the Superior Court of California County of Los Angeles, Case No. 19STCV42900., #4 Exhibit Exhibit 4: Plaintiff Michael Goldberg, as Trustee of the Woodbridge Liquidation Trusts Opposition to Defendants Bailey Cavalieri, LLC and Thomas Geyers Motion to Quash in the case Michael Goldberg, as Trustee of the Woodbridge Liquidation Trust v. Halloran & Sage LLP, et al. in the Superior Court of California County of Los Angeles, Case No. 19STCV42900., #5 Exhibit Exhibit 5: Part 1 of the declaration of Thomas Jermiassen and accompanying exhibits submitted by Plaintiff in Support of its Opposition to Defendants Motion to Quash in the case Michael Goldberg, as Trustee of the Woodbridge Liquidation Trust v. Halloran & Sage LLP, et al. in the Superior Court of California County of Los Angeles, Case No. 19STCV42900., #6 Exhibit Exhibit 6: Defendants Bailey Cavalieri, LLC and Thomas Geyers Reply to their Motion to Quash in the case Michael Goldberg, as Trustee of the Woodbridge Liquidation Trust v. Halloran & Sage LLP, et al. in the Superior Court of California County of Los Angeles, Case No. 19STCV42900., #7 Exhibit Exhibit 7: The original advocacy Letter to Ohio Division of Securities created by Defendants Thomas Geyer and Bailey Cavalieri referenced by Plaintiff as legal opinion memorandum and thus incorporated by reference in Plaintiffs complaint at 76., #8 Exhibit Exhibit 8: The advocacy Letter to Ohio Division of Securities created by Defendants Thomas Geyer and Bailey Cavalieri referenced by Plaintiff as legal opinion memorandum and thus incorporated by reference in Plaintiffs complaint at 5; 69., #9 Exhibit Exhibit 9: Email from David Golden to Defendants relating advocacy Letter to Ohio Division of Securities created by Defendants Thomas Geyer and Bailey Cavalieri referenced by Plaintiff as legal opinion memorandum and thus incorporated by reference in Plaintiffs complaint at 77; 79-80., #10 Exhibit Exhibit 10: Email from David Golden to Defendants requesting a PDF version advocacy Letter to Ohio Division of Securities created by Defendants Thomas Geyer and Bailey Cavalieri referenced by Plaintiff as legal opinion memorandum and thus incorporated by reference in Plaintiffs complaint at 79.)(Servais, Andrew) |
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Filing 68
MINUTES (IN CHAMBERS) ORDER REGARDING EXHIBITS by Judge John F. Walter. Counsel shall re-file the Request for Judicial Notice and separately docket each exhibit and include a meaningful description of each exhibit by April 2, 2021. (iv)
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Filing 67
AMENDED STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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| Filing 66 Supplemental NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Bailey Cavalieri LLC, Thomas Geyer. Motion set for hearing on 4/26/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum, #2 Declaration of Thomas Geyer, #3 Request for Judicial Notice, #4 Proof of Service) (Servais, Andrew) |
| Filing 65 Supplemental NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Brian Courtney, Rome McGuigan, P.C.. Motion set for hearing on 4/26/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Brian Courtney, #3 Declaration of Richard Healey, #4 Request for Judicial Notice, #5 Proof of Service) (Pott, Earll) |
| Filing 64 STATEMENT Compliance filed by Defendants Bailey Cavalieri LLC, Thomas Geyer re: NOTICE OF MOTION AND MOTION to Dismiss Case Under FRCP 12(B) (3)(6) #29 . (Servais, Andrew) |
| Filing 63 STATEMENT compliance filed by Defendants Brian Courtney, Rome McGuigan, P.C. re: NOTICE OF MOTION AND MOTION to Dismiss Case #27 . (Barbara, Amara) |
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Filing 62
MINUTES (IN CHAMBERS) ORDER SETTING BRIEFING SCHEDULE by Judge John F. Walter. The Court sets the following briefing schedule on the motions to dismiss: Motions to Dismiss: March 29, 2021. Oppositions: April 5, 2021. Replies: April 12, 2021. Hearing: April 26, 2021 at 1:30 p.m. (iv)
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| Filing 61 STATUS REPORT (JOINT) filed by Plaintiff Michael Goldberg. (Miller, Louis) |
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Filing 60
MINUTES (IN CHAMBERS) ORDER GRANTING IN PART DEFENDANTS ROME McGUIGAN, P.C. AND BRIAN COURTNEY'S MOTION TO DISMISS COMPLAINT [filed 1/4/2021; Docket No. #27 ]; ORDER GRANTING IN PART DEFENDANTS BAILEY CAVALIERI LLC AND THOMAS E. GEYER'S MOTION TO DISMISS UNDER FRCP 12(b)(3), (6) [filed 1/4/2021;Docket No. #29 ] by Judge John F. Walter. The Rome Defendants' Motion to Dismiss Complaint is GRANTED in part and the Bailey Defendants' Motion to Dismiss Under FRCP 12(b)(3), (6) is GRANTED in part. Plaintiff's claims for violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 against the Rome Defendants and the Bailey Defendants are DISMISSED without leave to amend. The Court orders the parties to meet and confer, on or before March 10, 2021 to discuss the best way to proceed in light of the Court's dismissal of the Section 10(b) and Rule 10b-5 claims. The parties shall file a Joint Report on or before March 12, 2021. (iv)
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Filing 59
MINUTES (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION DEFENDANTS ROME McGUIGAN, P.C. AND BRIAN COURTNEY'S MOTION TO DISMISS COMPLAINT [filed 1/4/2021; Docket No. #27 ]; ORDER TAKING UNDER SUBMISSION DEFENDANTS BAILEY CAVALIERI LLC AND THOMAS E. GEYER'S MOTION TO DISMISS UNDER FRCP 12(b)(3), (6) [filed 1/4/2021; Docket No. #29 ] by Judge John F. Walter. The Court finds that these matters are appropriate for decision without oral argument. The hearing calendared for February 22, 2021 is hereby vacated and the matters are taken off calendar. The matters will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (iv)
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Filing 58
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 1/21/2022 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 1/28/2022 at 8:00 AM. Jury Trial set for 2/8/2022 at 8:30 AM. (iv)
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Filing 57
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on February 22, 2021 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: October 4, 2021. The Joint Report re: Results of Settlement Conference due on: October 8, 2021. (iv)
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| Filing 56 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial Seven (7) to Ten (10) Days, filed by Plaintiff Michael Goldberg.. (Miller, Louis) |
| Filing 55 STATEMENT of Proposed Statement of Decision NOTICE OF MOTION AND MOTION to Dismiss Case Under FRCP 12(B) (3)(6) #29 Proposed Statement of Decision filed by Defendants Bailey Cavalieri LLC, Thomas Geyer. (Attachments: #1 Proposed Order BAILEY CAVALIERI LLC and THOMAS E. GEYER Proposed Statement of Decision)(Servais, Andrew) |
| Filing 54 STATEMENT of Decision in re NOTICE OF MOTION AND MOTION to Dismiss Case #27 filed by Plaintiff Michael Goldberg. (Miller, Louis) |
| Filing 53 STATEMENT of Decision in re NOTICE OF MOTION AND MOTION to Dismiss Case Under FRCP 12(B) (3)(6) #29 filed by Plaintiff Michael Goldberg. (Miller, Louis) |
| Filing 52 STATEMENT of decision NOTICE OF MOTION AND MOTION to Dismiss Case #27 filed by Defendants Brian Courtney, Rome McGuigan, P.C.. (Attachments: #1 Certificate of Service)(Barbara, Amara) |
| Filing 51 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #27 filed by Defendants Brian Courtney, Rome McGuigan, P.C.. (Attachments: #1 Exhibit A - Thomas Jeremiassen Declaration filed on May 18, 2020 in Los Angeles Superior Court Case No. 19STCV42900, #2 Exhibit B - Email Correspondence from Brian Courtney, sent by Susan Pitt to David Golden, on May 22, 2013, and Corresponding Memorandum dated May 20, 2013, #3 Exhibit C - May 30, 2013 Email Correspondence between David Golden and Brian Courtney, #4 Exhibit D - June 3, 2013 Email Correspondence from Brian Courtney to David Golden, #5 Exhibit E - November 6, 2014 Email Correspondence from David Golden to Brian Courtney and Accompanying Opinion Memorandum, #6 Exhibit F - November 12, 2014 Email Correspondence from David Golden to Matthew Schwartz and Accompanying Opinion Memorandum, #7 Exhibit G - March 5, 2013 Email Correspondence from David Golden to Brian Courtney, #8 Exhibit H - Soneet R. Kapila Declaration filed on December 18, 2017 in Los Angeles Superior Court Case No. 19STCV42900, #9 Exhibit I - Order of Judge Amy D. Hogue Granting Defendants Thomas Geyer and Bailey Cavalieri, LLCs Motion to Quash Service of Summons and Complaint, filed July 21, 2020, #10 Exhibit J - Order of Judge Amy D. Hogue Granting Defendants Brian Courtney Rome McGuigan, P.C.s Motion to Quash Service of Summons and Complaint, filed July 21, 2020, #11 Exhibit K - Docket in USA v. Shapiro, et al., U.S. District Court for the Southern District of Florida Case No. 1:19-cr-20178-CMA, #12 Exhibit L - Complaint in Securities and Exchange Commission v. Ivan Acevedo, et al., United States District Court for the Southern District of Florida Case No. 1:19-cv-21380, #13 Exhibit M - Indictment in USA v. Shapiro, et al., United States District Court for the Southern District of Florida Case No. 1:19-cr-20178-CMA)(Barbara, Amara) |
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Filing 50
MINUTES (IN CHAMBERS) ORDER REGARDING EXHIBITS by Judge John F. Walter. Counsel shall re-file the Request for Judicial Notice and separately docket each exhibit and include a meaningful description of each exhibit by February 2, 2021. (iv)
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| Filing 49 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Case Under FRCP 12(B) (3)(6) #29 filed by Defendants Bailey Cavalieri LLC, Thomas Geyer. (Attachments: #1 Reply to Opposition re Request for Judicial Notice)(Servais, Andrew) |
| Filing 48 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Case #27 filed by Defendants Brian Courtney, Rome McGuigan, P.C.. (Barbara, Amara) |
| Filing 47 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #27 filed by Defendants Brian Courtney, Rome McGuigan, P.C.. (Barbara, Amara) |
| Filing 46 DECLARATION of Andrew A. Servais in Response to Order to Show Cause re Dkt Nos. 29 and 37 NOTICE OF MOTION AND MOTION to Dismiss Case Under FRCP 12(B) (3)(6) #29 filed by Defendants Bailey Cavalieri LLC, Thomas Geyer. (Servais, Andrew) |
| Filing 45 Text Entry Order: Defendants Bailey Cavalieri LLC and Thomas E. Geyer have failed to deliver courtesy copies of Docket Nos. #29 and #37 as required by Section 3(c) of the Court's Standing Order. Accordingly, the Defendants are ordered to show cause by February 2, 2021 why the Court should not impose sanctions in the amount of $750.00 against counsel for his violation of the Court's Standing Order and why Docket Nos. #29 and #37 should not be stricken. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Order to Show Cause will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Order to Show Cause will result in the imposition of sanctions and the striking of Docket Nos. #29 and #37 . In addition, counsel shall deliver courtesy copies of Docket Nos. #29 and #37 that fully comply with the Court's Standing Order by February 2, 2021. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 44 CERTIFICATE OF SERVICE filed by Plaintiff Michael Goldberg, served on January 22, 2021. (Miller, Louis) |
| Filing 43 Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case Under FRCP 12(B) (3)(6) #29 filed by Plaintiff Michael Goldberg. (Miller, Louis) |
| Filing 42 Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case #27 filed by Plaintiff Michael Goldberg. (Miller, Louis) |
| Filing 41 OPPOSITION to Request for Judicial Notice in Support re: NOTICE OF MOTION AND MOTION to Dismiss Case #27 filed by Plaintiff Michael Goldberg. (Miller, Louis) |
| Filing 40 OPPOSITION to Request for Judicial Notice in Support re: NOTICE OF MOTION AND MOTION to Dismiss Case Under FRCP 12(B) (3)(6) #29 filed by Plaintiff Michael Goldberg. (Miller, Louis) |
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Filing 39
ORDER GRANTING STIPULATION FOR EXTENSION OF TIME TO RESPOND TO MOTIONS TO DISMISS #38 by Judge John F. Walter. Plaintiff's opposition to Defendants' Motions to Dismiss shall be due by January 22, 2021; Defendants' replies shall be due by February 1, 2021; The February 8, 2021 hearing date for Defendants' Motions is vacated; and The Motions shall be heard on February 22, 2021 at 1:30 p.m. (iv)
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| Filing 38 STIPULATION for Extension of Time to File Plaintiff's Opposition(s) and Defendants' Replies to Motions to Dismiss filed by Plaintiff Michael Goldberg. (Attachments: #1 Declaration of Christopher D. Beatty in Support of Stipulation, #2 Proposed Order Granting Stipulation)(Beatty, Christopher) |
| Filing 37 NOTICE OF LODGMENT IN SUPPORT OF DEFENDANTS MOTION TO DISMISS UNDER FRCP12(B)(3),(6) RE-SUBMITTED PURSUANT TO DKT. NO. 36 re NOTICE OF MOTION AND MOTION to Dismiss Case Under FRCP 12(B) (3)(6) #29 filed by Defendants Bailey Cavalieri LLC, Thomas Geyer. (Attachments: #1 Exhibit Goldberg Complaint filed in LASC, Case No. 19STCV42900, #2 Exhibit 07.21.2020 Court Order Granting Defendants' Motion to Quash in Goldberg, #3 Exhibit Defendants' Motion to Quash in Goldberg Case, #4 Exhibit Plaintiff's Opposition to Defendants' Motion to Quash in Goldberg Case, #5 Exhibit Declaration of Jermiassen in Support of Plaintiff's Opposition to Defendants' Motion to Quash in Goldberg Case- Part 1, #6 Exhibit Defendants' Reply to Opposition re Defendants' Motion to Quash- Goldberg Case, #7 Exhibit 10.27.15 Letter to Ohio Division of Securities Submitted by Defendants Ohio Division of Securities, #8 Exhibit 10.30.15 Letter to Ohio Division of Securities Submitted by Defendants Ohio Division of Securities, #9 Exhibit 10.28.15 Email from Golden to Geyer re Advocacy Letter, #10 Exhibit 10.29.15 Email from Golden to Geyer re Requesting PDF of Ohio Division of Securities Letter, #11 Exhibit SEC v. Acevedo Complaint filed in USDC, Southern District of Florida Case No. 19-20178, #12 Exhibit Indictment in US v. Roseman Filed in USDC, Southern District of Florida Case No. 19-20178, #13 Exhibit Plaintiff's Notice of Appeal dated 09.09.20 re July 21, 2020 Order re Defendants' Motion to Quash, #14 Exhibit 10.20.20 Briefing Schedule re Plaintiff's Appeal, #15 Exhibit 08.07.19 Factual Proffer in US v. Shapiro in USDC, Southern District of Florida, Case No. 19-cr-20178, #16 Exhibit 10.16.19 Judgment in US v. Shapiro filed in USDC, Southern District of Florida case no. 19-cr-20178, #17 Exhibit 07.21.20 Order Granting Defendants' Motion to Quash in Goldberg Case, #18 Exhibit 05.04.18 Amended Complaint in SEC v. Shapiro in USDC, Southern District of Florida, #19 Exhibit 12.27.18 Judgment in SEC v. shapiro in USDC, Southern District Case No. 17-cv-24624, #20 Exhibit 12.01.20. Local Rule 7-3 Letter to Christopher Beatty of Miller Barondes)(Servais, Andrew) |
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Filing 36
MINUTES (IN CHAMBERS) ORDER REGARDING EXHIBITS by Judge John F. Walter. Counsel shall re-file the Notice of Lodgment and separately docket each exhibit and include a meaningful description of each exhibit by January 7, 2021. (iv)
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| Filing 35 NOTICE of Appearance filed by attorney Andrew A Servais on behalf of Defendants Bailey Cavalieri LLC, Thomas Geyer (Servais, Andrew) |
| Filing 34 DECLARATION of Andrew A. Servais in support of NOTICE OF MOTION AND MOTION to Dismiss Case Under FRCP 12(B) (3)(6) #29 filed by Defendants Bailey Cavalieri LLC, Thomas Geyer. (Servais, Andrew) |
| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss #27 , #29 . The following error(s) was/were found: Pursuant to Local Rule 7.1-1 Notice of Interested Parties should have been filed as a separate document utilizing the correct event. Civil Events- Other Filings -Notices Certificate/Notice of Interested Parties. 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. (iv) |
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Filing 32
MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for February 22, 2021 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before February 8, 2021. (iv)
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| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Nima D. Shull counsel for Defendants Brian Courtney, Rome McGuigan, P.C.. Adding Nima D. Shull as counsel of record for Rome McGuigan, P.C. & Brian Courtney for the reason indicated in the G-123 Notice. Filed by Defendants Rome McGuigan, P.C. & Brian Courtney. (Attorney Nima D. Shull added to party Brian Courtney(pty:dft), Attorney Nima D. Shull added to party Rome McGuigan, P.C.(pty:dft))(Shull, Nima) |
| Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney Nima D. Shull counsel for Defendants Brian Courtney, Rome McGuigan, P.C.. Adding Nima D. Shull as counsel of record for Rome McGuigan, P.C. & Brian Courtney for the reason indicated in the G-123 Notice. Filed by Defendants Rome McGuigan, P.C. & Brian Courtney. (Attorney Nima D. Shull added to party Brian Courtney(pty:dft), Attorney Nima D. Shull added to party Rome McGuigan, P.C.(pty:dft))(Shull, Nima) |
| Filing 29 NOTICE OF MOTION AND MOTION to Dismiss Case Under FRCP 12(B) (3)(6) filed by Defendants Bailey Cavalieri LLC, Thomas Geyer. Motion set for hearing on 2/8/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Declaration Declaration of Geyer, #3 Notice of Lodgment, #4 Exhibit Ex 1 to Notice of Lodgment, #5 Exhibit Ex 2 to Notice of Lodgment, #6 Exhibit Ex 3 to Notice of Lodgment, #7 Exhibit Ex 4 to Notice of Lodgment, #8 Exhibit Ex 5 to Notice of Lodgment, #9 Exhibit Ex 6 to Notice of Lodgment, #10 Exhibit Ex 7 to Notice of Lodgment, #11 Exhibit Ex 8 to Notice of Lodgment, #12 Exhibit Ex 9 to Notice of Lodgment, #13 Exhibit Ex 10 to Notice of Lodgment, #14 Exhibit Ex 11 to Notice of Lodgment, #15 Exhibit Ex 12 to Notice of Lodgment, #16 Exhibit Ex 13 to Notice of Lodgment, #17 Exhibit Ex 14 to Notice of Lodgment, #18 Exhibit Ex 15 to Notice of Lodgment, #19 Exhibit Ex 16 to Notice of Lodgment, #20 Exhibit Ex 17 to Notice of Lodgment, #21 Exhibit Ex 18 to Notice of Lodgment, #22 Exhibit Ex 19 to Notice of Lodgment, #23 Exhibit Ex 20 to Notice of Lodgment, #24 Request for Judicial Notice, #25 POS, #26 Certificate of Interested Parties) (Attorney Andrew A Servais added to party Bailey Cavalieri LLC(pty:dft), Attorney Andrew A Servais added to party Thomas Geyer(pty:dft)) (Servais, Andrew) |
| Filing 28 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #27 filed by Defendants Brian Courtney, Rome McGuigan, P.C.. (Rosing, Heather) |
| Filing 27 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Brian Courtney, Rome McGuigan, P.C.. Motion set for hearing on 2/8/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 of Points and Authorities, #2 Declaration of Brian C. Courtney, #3 Declaration of Richard P. Healey, #4 Declaration of Lead Counsel, #5 Notice of Interested Parties) (Attorney Heather Rosing added to party Brian Courtney(pty:dft), Attorney Heather Rosing added to party Rome McGuigan, P.C.(pty:dft)) (Rosing, Heather) |
| Filing 26 NOTICE OF ERRATA filed by Plaintiff Michael Goldberg. correcting Service of Summons and Complaint Returned Executed (21 days), #25 , Service of Summons and Complaint Returned Executed (21 days), #24 and Proof of Service by Mail of Defendant Ivan Acevedo (Schrader, Andrew) |
| Filing 25 PROOF OF SERVICE Executed by Plaintiff Michael Goldberg, upon Defendant Ivan Acevedo served on 12/23/2020, answer due 1/19/2021. Service of the Summons and Complaint were executed upon IVAN ACEVEDO, an individual, in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Schrader, Andrew) |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff Michael Goldberg, upon Defendant Ivan Acevedo served on 12/28/2020, answer due 1/19/2021. Service of the Summons and Complaint were executed upon IVAN ACEVEDO, an Individual in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Schrader, Andrew) |
| Filing 23 STATEMENT compliance filed by Defendants Brian Courtney, Rome McGuigan, P.C. (Barbara, Amara) |
| Filing 22 WAIVER OF SERVICE Returned Executed filed by Plaintiff Michael Goldberg. upon Bailey Cavalieri LLC waiver sent by Plaintiff on 11/2/2020, answer due 1/4/2021; Thomas Geyer waiver sent by Plaintiff on 11/2/2020, answer due 1/4/2021. Waiver of Service signed by Ian R. Friedman. (Schrader, Andrew) |
| Filing 21 WAIVER OF SERVICE Returned Executed filed by Plaintiff Michael Goldberg. upon Brian Courtney waiver sent by Plaintiff on 11/2/2020, answer due 1/4/2021; Rome McGuigan, P.C. waiver sent by Plaintiff on 11/2/2020, answer due 1/4/2021. Waiver of Service signed by Earll M. Pott. (Schrader, Andrew) |
| Filing 20 DECLARATION of Lead Trial Counsel, Louis R. (Skip) Miller, filed by Plaintiff Michael Goldberg. (Miller, Louis) |
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Filing 19
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 (Related Case) filed. Transfer of case declined by Judge Dolly M. Gee, for the reasons set forth on this order. Related Case No. 2:18-cv-00103 DMG(KSx) (rn)
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| Filing 18 NOTICE of Related Case(s) filed by Plaintiff Michael Goldberg. Related Case(s): 2:18-cv-103 (Schrader, Andrew) |
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Filing 17
STANDING ORDER by Judge John F. Walter: READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. Both the Court and counsel1 bear responsibility for the progress of litigation in Federal Court. To secure the just, speedy, and inexpensive determination of every action, all counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure, the Local Rules of the Central District of California, the General Orders of the Central District and the Judges Procedures and Schedules found on the websitefor the United States District Court for the Central District of California (www.cacd.uscourts.gov). See order for further details. (shb)
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| Filing 16 TEXT ONLY ENTRY ORDER DISMISSING DOES: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 100, inclusive.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 15 21 DAY Summons issued re Complaint #1 as to defendant Rome McGuigan, P.C. (esa) |
| Filing 14 21 DAY Summons issued re Complaint #1 as to defendant Thomas Geyer. (esa) |
| Filing 13 21 DAY Summons issued re Complaint #1 as to defendant Brian Courtney. (esa) |
| Filing 12 21 DAY Summons issued re Complaint #1 as to defendant Bailey Cavalieri LLC. (esa) |
| Filing 11 21 DAY Summons issued re Complaint #1 as to defendant Ivan Acevedo. (esa) |
| Filing 10 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 9 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Steve Kim. (esa) |
| Filing 8 CIVIL COVER SHEET filed by Plaintiff Michael Goldberg. (Miller, Louis) |
| Filing 7 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Michael Goldberg, identifying Plaintiff Michael Goldberg as Trustee of the Woodbridge Liquidation Trust. (Miller, Louis) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Michael Goldberg. (Miller, Louis) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Michael Goldberg. (Miller, Louis) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Michael Goldberg. (Miller, Louis) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Michael Goldberg. (Miller, Louis) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Michael Goldberg. (Miller, Louis) |
| Filing 1 COMPLAINT Receipt No: ACACDC-28756304 - Fee: $400, filed by Plaintiff Michael Goldberg. (Attachments: #1 Exhibit 1) (Attorney Louis R Miller added to party Michael Goldberg(pty:pla))(Miller, Louis) |
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