Tom C. Benton v. Collect Access, LLC et al
| Tom C. Benton, T.C. Benton and Tommy C. Benton, and Successor In Interest to The Benton Company |
| Cardworks Servicing, LLC, CardWorks, Inc., Zee Law Group, P.C., Does 1 through 100, Inclusive, Collect Access, LLC and Advanta Credit Cards |
| 2:2020cv11187 |
| December 9, 2020 |
| US District Court for the Central District of California |
| Stanley Blumenfeld |
| Pedro V Castillo |
| Consumer Credit |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 22, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 DECLARATION of Zachary Frampton re Minutes of In Chambers Order/Directive - no proceeding held,,, #21 filed by Defendants CardWorks, Inc., Cardworks Servicing, LLC. (Frampton, Zachary) |
| Filing 23 DECLARATION of Ariel Wossene re Minutes of In Chambers Order/Directive - no proceeding held,,, #21 filed by Defendants CardWorks, Inc., Cardworks Servicing, LLC. (Frampton, Zachary) |
| Filing 22 DECLARATION of Kimberly Barrientos filed by Defendants Collect Access, LLC, Zee Law Group, P.C.. (Barrientos, Kimberly Sue) |
Filing 21
MINUTE ORDER REQUESTING SUPPLEMENTAL DECLARATIONS by Judge Stanley Blumenfeld, Jr.: On 12/15/2020, Defendants filed a stipulation to remand this case to state court, stating that removal was improper because not all defendants consented #13 . On 12/16/2020, the Court ordered the parties to show cause why the Court has jurisdiction over the matter ("OSC") #18 . The Court cannot adequately determine from the responses to the OSC if the removal was a mistake. The Court ORDERS all defense lawyers who communicated about removal, including those from Holland & Knight and the Zee Law Group, to separately file a declaration explaining the communications about removal and attaching all written communications about removal. The parties must submit their declarations by 1/19/2021. Court Reporter: N/A. (gk)
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| Filing 20 RESPONSE filed by Defendants CardWorks, Inc., Cardworks Servicing, LLCto Response in Opposition to Motion #19 to Remand (Frampton, Zachary) |
| Filing 19 OPPOSITION filed by Plaintiff Tom C. Benton. (Attachments: #1 Affidavit and exhibits)(Naghash, Roger) |
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Filing 18
MINUTE ORDER TO SHOW CAUSE RE: REMAND by Judge Stanley Blumenfeld, Jr.: The Court has reviewed Defendants' stipulation, which requests the Court remand the action to state court because the matter was removed without the consent of all defendants #13 . In light of Defendants' contention of non-consent, Plaintiff is ORDERED TO SHOW CAUSE why the Court has jurisdiction over this matter no later than 12/23/2020. Defendants may respond to Plaintiffs response no later than 12/30/2020. The Court will not hold a hearing on the matter. Defendants' time to answer the First Amended Complaint is STAYED. Should the Court conclude there is jurisdiction, Defendants must answer within 14 days of any future order denying the request to remand. Court Reporter: N/A. (gk)
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| Filing 17 NOTICE OF DEFICIENCY Re: Application for Entry of Default Against Defendant Cardworks, Inc., Individually and as Successor-In-Interest to Advanta Bank Also Known As Advanta Credit Cards #10 . The Clerk cannot enter the requested relief as: The name of the person served does not exactly match the person named in first amended complaint. Time to respond has not expired. Application is premature pursuant to F.R.Civ.P. Rule 81(c)(2). Plaintiff has filed a Notice of Withdrawal of the Application this date. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (gk) |
| Filing 16 NOTICE OF DEFICIENCY Re: Application for Entry of Default Against Defendant Cardworks, Servicing, LLC, Individually and as Successor-In-Interest to Advanta Bank Also Known As Advanta Credit Cards #9 , #11 . The Clerk cannot enter the requested relief as: The name of the person served does not exactly match the person named in first amended complaint. Time to respond has not expired. Application is premature pursuant to F.R.Civ.P. Rule 81(c)(2). Plaintiff has filed a Notice of Withdrawal of the Application this date. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (gk) |
| Filing 15 REQUEST to Withdraw NOTICE OF PLAINTIFFS WITHDRAWAL OF APPLICATIONS FOR ENTRY OF DEFAULT AGAINST DEFENDANTS, CARDWORKS, INC. AND CARDWORKS, SERVICING, LLC, Individually and as Successor-In-Interest to ADVANTA BANK Also Known As ADVANTA CREDIT CARDS PURSUANT TO RULE 55(a) OF THE FEDERAL RULES OF CIVIL PROCEDURE APPLICATION for Clerk to Enter Default against Defendant CardWorks, Inc. #10 , APPLICATION for Clerk to Enter Default against Defendant Tom C. Benton #11 , APPLICATION for Clerk to Enter Default against Defendant Cardworks Servicing, LLC #9 filed by Plaintiff Tom C. Benton. Request set for hearing on 1/15/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Naghash, Roger) |
| Filing 14 OBJECTIONS to Stipulation to Remand Case to State Court, #13 PLAINTIFFS OPPOSITION AND OBJECTIONS TO DEFENDANTS STIPULATION AND PROPOSED ORDER TO REMAND CASE TO THE STATE COURT filed by Plaintiff Tom C. Benton. (Naghash, Roger) |
| Filing 13 STIPULATION to Remand Case to State Court filed by Defendants CardWorks, Inc., Cardworks Servicing, LLC. (Attachments: #1 Proposed Order GRANTING DEFENDANTS' STIPULATION TO REMAND CASE BACK TO STATE COURT)(Attorney Zachary C Frampton added to party Cardworks Servicing, LLC(pty:dft))(Frampton, Zachary) |
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Filing 12
INITIAL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (vcr)
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| Filing 11 APPLICATION for Clerk to Enter Default against Defendant Tom C. Benton filed by Plaintiff Tom C. Benton. Application set for hearing on 1/15/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Affidavit) (Naghash, Roger) |
| Filing 10 APPLICATION for Clerk to Enter Default against Defendant CardWorks, Inc. filed by Plaintiff Tom C. Benton. Application set for hearing on 1/15/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Affidavit) (Naghash, Roger) |
| Filing 9 APPLICATION for Clerk to Enter Default against Defendant Cardworks Servicing, LLC filed by Plaintiff Tom C. Benton. Application set for hearing on 1/21/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Affidavit) (Naghash, Roger) |
| Filing 8 PROOF OF SERVICE Executed by Plaintiff Tom C. Benton, upon Defendant Service of the Summons and Complaint were executed upon THE CORPORATION TRUST COMPANY, AGENT FOR SERVICE OF PROCESS in compliance with California Code of Civil Procedure by substituted service by mail and no service by mail was executed.Original Summons returned. (Naghash, Roger) |
| Filing 7 PROOF OF SERVICE Executed by Plaintiff Tom C. Benton, upon Defendant Service of the Summons and Complaint were executed upon THE CORPORATION TRUST COMPANY, AGENT FOR SERVICE OF PROCESS in compliance with California Code of Civil Procedure by substituted service by mail and no service by mail was executed.Original Summons returned. (Naghash, Roger) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Pedro V. Castillo. (car) |
| Filing 4 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Western Division. Case has been assigned to Judge Stanley Blumenfeld, Jr for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Pedro V. Castillo. New Case Number 2:20-cv-11187-SB-PVCx. (car) |
| NON-CONFORMED COPY OF FIRST AMENDED COMPLAINT against Defendant CardWorks, Inc., Cardworks Servicing, LLC, Collect Access, LLC, Does, Zee Law Group, P.C. amending Notice of Removal (Attorney Civil Case Opening), #1 , by Plaintiff Tom C. Benton. Submitted with Attachment 1 to Notice of Removal #1 (car) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant CardWorks, Inc. identifying CardWorks, Inc. as Corporate Parent. (Frampton, Zachary) |
| Filing 2 CIVIL COVER SHEET filed by Defendant CardWorks, Inc.. (Frampton, Zachary) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 19STCV46728 Receipt No: ACACDC-29439286 - Fee: $402, filed by Defendants CardWorks, Inc.. (Attachments: #1 FIRST AMENDED COMPLAINT) (Attorney Zachary C Frampton added to party CardWorks, Inc.(pty:dft))(Frampton, Zachary) |
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