Guilbert Tex, Inc. v. United States Fed Group Consortium Syndicate et al
| Guilbert Tex, Inc. |
| Alex St. James, David Huang, Varun Datta, Sam Sharma, DOES 1 through 10, inclusive, and DOES 1 through 10, inclusive |
| United States Fed Group Consortium Syndicate |
| Datta Holdings, LLC |
| 2:2020cv11420 |
| December 17, 2020 |
| US District Court for the Central District of California |
| Alicia G Rosenberg |
| Stephen V Wilson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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Filing 114
MINUTES IN CHAMBERS ORDER DISMISSING THE CASE by Judge Stephen V. Wilson. There being no activity on the case since the Court having issued an order denying summary judgment (See Dkt. 113), and having a waited a reasonable time for any further response from the parties, the Court orders the case DISMISSED. Case Terminated. Made JS-6. (aco)
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Filing 113
MINUTES OF ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT #106 AS TO DEFENDANT DATTA HOLDINGS LLC by Judge Stephen V. Wilson. For the foregoing reasons, Plaintiff's motion for summary judgment is DENIED. But given the history of this litigation, the Court believes it would be unproductive for the parties to proceed to trial. The Court thus ORDERS Defendant to pay Plaintiff $258,750.00, the sum Plaintiff paid for the masks. Plaintiff may also receive interest as provided for by statute, since, though we were asked to make a judicial determination as to the market value of the masks, the $258,750.00 refund constitutes damages certain.; denying #106 NOTICE OF MOTION AND MOTION for Summary Judgment as to Datta Holdings LLC. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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| Filing 112 REPLY to Response to STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT NOTICE OF MOTION AND MOTION for Summary Judgment as to Datta Holdings LLC #106 filed by Plaintiff Guilbert Tex, Inc.. (Bozarth, Sean) |
| Filing 111 REPLY in re NOTICE OF MOTION AND MOTION for Summary Judgment as to Datta Holdings LLC #106 filed by Plaintiff Guilbert Tex, Inc.. (Bozarth, Sean) |
| Filing 110 STATEMENT of Genuine Disputes of Material Fact NOTICE OF MOTION AND MOTION for Summary Judgment as to Datta Holdings LLC #106 filed by Defendant Datta Holdings, LLC. (Kaufman, Aryeh) |
| Filing 109 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Datta Holdings LLC #106 filed by Cross Claimant Datta Holdings, LLC, Defendant Datta Holdings, LLC. (Attachments: #1 Declaration of Aryeh Kaufman, Esq. in Support of Defendant Datta Holdings, LLC's Opposition to Plaintiff's Motion for Summary Judgment on the Issue of Damages, #2 Exhibit "A" to the Declaration of Aryeh Kaufman, Esq. - Plaintiff's Initial Disclosures)(Kaufman, Aryeh) |
| Filing 108 STATEMENT of UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW NOTICE OF MOTION AND MOTION for Summary Judgment as to Datta Holdings LLC #106 filed by Plaintiff Guilbert Tex, Inc.. (Bozarth, Sean) |
| Filing 107 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Datta Holdings LLC #106 filed by Plaintiff Guilbert Tex, Inc.. (Attachments: #1 Declaration of Siamak Okhovat, #2 Proposed Order)(Bozarth, Sean) |
| Filing 106 NOTICE OF MOTION AND MOTION for Summary Judgment as to Datta Holdings LLC filed by Plaintiff Guilbert Tex, Inc.. (Bozarth, Sean) |
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Filing 105
MINUTES ORDER DENYING PLAINTIFF'S MOTIONS #94 AND #97 TO ALTER OR AMEND COURT'S MINUTE ORDERS GRANTING SUMMARY JUDGMENT by Judge Stephen V. Wilson. The motions are accordingly DENIED. Finally, at the close of the last hearing, Plaintiff's counsel indicated that Plaintiff would move for summary judgment as to the question of damages cause by Datta Holdings, LLC's breach of contract. The Court hereby orders Plaintiff to file said motion no later than August 4, 2022, Defendants' opposition shall be due on August 12, 2022. Plaintiff's reply shall be due on August 19, 2022. The Court will set a hearing on the matter as needed; denying #94 MOTION to ALTER OR AMEND Order on Motion for Partial Summary Judgment ; denying #97 MOTION to Alter or Amend MAY 5, 2022 ORDER GRANTING SUMMARY JUDGMENT FOLLOWING APRIL 25, 2022 PRETRIAL CONFERENCE. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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| Set deadlines: Motions due by 8/4/2022. (aco) |
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Filing 104
SCHEDULING NOTICE-IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson re: #94 MOTION to ALTER OR AMEND Order on Motion for Partial Summary Judgment filed by Plaintiff; and #97 MOTION to Alter or Amend filed by Plaintiff - The motions are submitted. Order to issue. The hearing previously scheduled for 07/11/2022 at 1:30 p.m. is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 103 REPLY to Opposition NOTICE OF MOTION AND MOTION to Alter or Amend MAY 5, 2022 ORDER GRANTING SUMMARY JUDGMENT FOLLOWING APRIL 25, 2022 PRETRIAL CONFERENCE Minutes of In Chambers Order/Directive - no proceeding held, #93 #97 filed by Plaintiff Guilbert Tex, Inc.. (Bozarth, Sean) |
| Filing 102 REPLY Reply to Opposition NOTICE OF MOTION AND MOTION to ALTER OR AMEND Order on Motion for Partial Summary Judgment,,, Order on Motion for Summary Judgment,, #91 #94 filed by Plaintiff Guilbert Tex, Inc.. (Bozarth, Sean) |
| Filing 101 OPPOSITION re: NOTICE OF MOTION AND MOTION to Alter or Amend MAY 5, 2022 ORDER GRANTING SUMMARY JUDGMENT FOLLOWING APRIL 25, 2022 PRETRIAL CONFERENCE Minutes of In Chambers Order/Directive - no proceeding held, #93 #97 Defendants' Varun Datta and Sam Sharma's Opposition to Plaintiff's Motion to Alter or Amend May 5, 2022 Order Granting Summary Judgment Following April 25, 2022 Pretrial Conference filed by Defendants Varun Datta, Sam Sharma. (Kaufman, Aryeh) |
| Filing 100 OPPOSITION re: NOTICE OF MOTION AND MOTION to ALTER OR AMEND Order on Motion for Partial Summary Judgment,,, Order on Motion for Summary Judgment,, #91 #94 Defendants' Varun Datta and Sam Sharma's Opposition to Plaintiff's Motion to Alter or Amend April 22, 2022 Order Granting In Part Defendants' Motion for Summary Judgment filed by Defendants Varun Datta, Sam Sharma. (Kaufman, Aryeh) |
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Filing 99
ORDER GRANTING STIPULATION TO CONTINUE HEARING DATE by Judge Stephen V. Wilson. Good cause appearing, the hearing on Plaintiff's Motion to Alter or Amend April 22, 2022 Order Granting in Part Defendants' Motion for Summary Judgment is continued to July 11, 2022 at 1:30 P.M. All opposition and reply deadlines shall flow from this new date. RE Stipulation to Continue, #96 (aco)
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| Filing 98 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Alter or Amend MAY 5, 2022 ORDER GRANTING SUMMARY JUDGMENT FOLLOWING APRIL 25, 2022 PRETRIAL CONFERENCE Minutes of In Chambers Order/Directive - no proceeding held, #93 #97 filed by Plaintiff Guilbert Tex, Inc.. (Attachments: #1 Proposed Order)(Bozarth, Sean) |
| Filing 97 NOTICE OF MOTION AND MOTION to Alter or Amend MAY 5, 2022 ORDER GRANTING SUMMARY JUDGMENT FOLLOWING APRIL 25, 2022 PRETRIAL CONFERENCE Minutes of In Chambers Order/Directive - no proceeding held, #93 filed by Plaintiff Guilbert Tex, Inc.. Motion set for hearing on 7/11/2022 at 01:30 PM before Judge Stephen V. Wilson. (Bozarth, Sean) |
| Filing 96 STIPULATION to Continue hearing date from June 27, 2022 to July 11, 2022 Re: NOTICE OF MOTION AND MOTION to ALTER OR AMEND Order on Motion for Partial Summary Judgment,,, Order on Motion for Summary Judgment,, #91 #94 , Memorandum in Support of Motion, #95 filed by Plaintiff Guilbert Tex, Inc.. (Attachments: #1 Proposed Order)(Bozarth, Sean) |
| Filing 95 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to ALTER OR AMEND Order on Motion for Partial Summary Judgment,,, Order on Motion for Summary Judgment,, #91 #94 filed by Plaintiff Guilbert Tex, Inc.. (Attachments: #1 Proposed Order)(Bozarth, Sean) |
| Filing 94 NOTICE OF MOTION AND MOTION to ALTER OR AMEND Order on Motion for Partial Summary Judgment,,, Order on Motion for Summary Judgment,, #91 filed by Plaintiff Guilbert Tex, Inc.. Motion set for hearing on 6/27/2022 at 01:30 PM before Judge Stephen V. Wilson. (Bozarth, Sean) |
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Filing 93
MINUTE ORDER IN CHAMBERS ORDER GRANTING SUMMARY JUDGMENT FOLLOWING APRIL 25, 2022 PRETRIAL CONFERENCE #92 by Judge Stephen V. Wilson. Accordingly, because Plaintiff has failed to adduce evidence giving rise to a genuine dispute of material fact, see Fed. R. Civ. P. 56(a), the Court grants summary judgment in Defendant's favor. (lom)
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| Filing 92 MINUTES OF PRETRIAL CONFERENCE held before Judge Stephen V. Wilson. The Court GRANTS summary judgment on Plaintiff's fraud claim. The parties shall provide supplemental briefing as to the damages component of Plaintiff's breach of contract claim. Order to issue. The jury trial set for May 3, 2022 at 9:00 a.m. is VACATED and off calendar. Court Reporter: Miriam Baird. (lom) |
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Filing 91
MINUTE ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT #53 AND GRANTING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT #56 by Judge Stephen V. Wilson: The Court GRANTS summary judgment in Plaintiff's favor on Plaintiff's breach of contract claim and in Defendant's favor on Plaintiff's money had and received claim. The Court DENIES Defendants' motion for summary judgment as to Plaintiff's fraud claim. The Court will address the remaining issues for trial in this matter at the pretrial conference on 4/25/2022. Court Reporter: N/A. (gk)
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| Filing 90 SCHEDULING NOTICE by Judge Stephen V. Wilson: The Pretrial Conference scheduled for 04/25/2022 is advanced from 3:00 p.m. to 2:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
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Filing 89
IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson re: STIPULATION to Continue Trial and Remaining Dates from 05/03/2022 to 07/12/2022 filed by Plaintiff #87 - The stipulation is DENIED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 88 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Continue #87 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): No [Prop] Order. 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. (lom) |
| Filing 87 STIPULATION to Continue Trial and Remaining Dates from 05/03/2022 to 07/12/2022 filed by Plaintiff Guilbert Tex, Inc..(Novian, Farhad) |
| Filing 86 STIPULATION for Protective Order filed by Plaintiff Guilbert Tex, Inc..(Novian, Farhad) |
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Filing 85
ORDER ON JOINT STIPULATION TO CONTINUE TRIAL AND REMAINING DATES #84 by Judge Stephen V. Wilson. It is HEREBY ORDERED that: 5 1. The current Final Pretrial Conference date of March 7, 2022, is 6 continued to April 25, 2022 at 3:00 p.m.; a. All associated dates are continued. 2. The current Jury Trial date of March 15, 2022, is continued to May 3, 2022 at 9:00 a.m. (lom)
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| Filing 84 Joint STIPULATION to Continue Trial and Remaining Dates filed by Defendants Varun Datta, Datta Holdings, LLC, Sam Sharma. (Attachments: #1 Proposed Order on Joint Stipulation to Continue Trial Date and Remaining Dates)(Kaufman, Aryeh) |
| Filing 83 REPLY filed by Plaintiff Guilbert Tex, Inc. to Supplement(Motion related) #81 (Novian, Farhad) |
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Filing 82
SCHEDULING NOTICE IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: SUPPLEMENT BRIEF IN RESPONSE TO THE COURT'S ORDER TO SHOW CAUSE #81 - Plaintiff is ORDERED to respond to Defendants supplemental brief within 14 days. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 81 SUPPLEMENT BRIEF IN RESPONSE TO THE COURT'S ORDER TO SHOW CAUSE [Dkt. No. 79] filed by Cross Claimants Varun Datta, Datta Holdings, LLC, Sam Sharma, Defendants Varun Datta, Datta Holdings, LLC, Sam Sharma. (Kaufman, Aryeh) |
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Filing 80
CIVIL TRIAL PREPARATION ORDER by Judge Stephen V. Wilson. (pc)
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Filing 79
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE RE MOTIONS FOR SUMMARY JUDGMENT by Judge Stephen V. Wilson. Defendants are hereby given an opportunity to present further argument and to identify any other relevant evidence weighting against summary judgment in favor of Plaintiff's favor. If defendants wish to respond to this order, they are to do so within two weeks - by December 21, 2021. (SEE MINUTE ORDER FOR FULL DETAILS). (Jury Trial set for 3/15/2022 at 09:00 AM before Judge Stephen V. Wilson. Pretrial Conference set for 3/7/2022 at 03:00 PM before Judge Stephen V. Wilson.) (mrgo)
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| Filing 78 MINUTES OF #53 MOTION for Partial Summary Judgment as to Material Facts filed by plaintiff; #56 MOTION for Summary Judgment as to All Claims in Suit, or in the Alternative, Partial Summary Judgment filed by Defendants Hearing held before Judge Stephen V. Wilson: taking under advisement #53 MOTION for Partial Summary Judgment; taking under advisement #56 for Summary Judgment. The motions are submitted. Order to issue. Jury Trial set for 3/28/2022 at 03:00 PM before Judge Stephen V. Wilson. Pretrial Conference set for 4/5/2022 at 09:00 AM before Judge Stephen V. Wilson. Court Reporter: Chia Mei Jui. (mrgo) |
| Filing 77 OBJECTIONS to Request for Judicial Notice,,,, #72 filed by Plaintiff Guilbert Tex, Inc.. (Novian, Farhad) |
| Filing 76 OBJECTIONS to Statement (Motion related),,, #71 filed by Plaintiff Guilbert Tex, Inc.. (Novian, Farhad) |
| Filing 75 EXHIBIT Filed filed by Cross Claimants Varun Datta, Datta Holdings, LLC, Sam Sharma, Defendants Varun Datta, Datta Holdings, LLC, Sam Sharma. Exhibit E, Datta Production Documents, Containing Properly Redacted Account Numbers as to Statement (Motion related),,, #74 . (Kaufman, Aryeh) |
| Filing 74 STATEMENT of Defendant Datta Holdings, LLC's, Varun Datta, and Sam Sharma's Statement of Undisputed Material Facts and Conclusions of Law NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims in Suit , or in the Alternative, Partial Summary Judgment #56 filed by Cross Claimants Varun Datta, Datta Holdings, LLC, Sam Sharma, Defendants Varun Datta, Datta Holdings, LLC, Sam Sharma. (Attachments: #1 Exhibit A, Excerpts from William Needham Deposition, #2 Exhibit B, Certain Documents from Plaintiff Guilbert Tex, Inc.'s Document Production, #3 Exhibit C, Excerpts from Varun Datta Deposition, #4 Exhibit D, Excerpts from Saransh (Sam) Sharma Deposition 1, #5 Exhibit E, Certain Documents from Defendant Datta Holdings, LLC's Document Production, #6 Exhibit F, Excerpts from Saransh (Sam) Sharma Deposition 2)(Kaufman, Aryeh) |
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Filing 73
ORDER GRANTING DEFENDANTS DATTA HOLDINGS, LLC, VARUN DATTA, AND SAM SHARMA'S REQUEST TO MAINTAIN UNDER AND LEAVE TO FILE SAME DOCUMENT WITH REDACTIONS. by Judge Stephen V. Wilson: granting #59 REQUEST for Leave to File. Defendants' Separate Statement of Uncontroverted Facts filed in support of their Motion for Summary Judgment and seek leave to file the same document with redactions, the request is GRANTED. (mrgo)
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| Filing 72 REQUEST FOR JUDICIAL NOTICE filed by Cross Claimants Varun Datta, Datta Holdings, LLC, Sam Sharma, Defendants Varun Datta, Datta Holdings, LLC, Sam Sharma. (Attachments: #1 Exhibit A, Complaint, Dkt. No. 1, in ND Iowa Case, #2 Exhibit B, Order on USA and Think Safe's Joint Motion to Disburse Funds Held by Clerk of Court to Fraud Victim, Dkt. No. 103, in ND Iowa Case, #3 Exhibit C, Order on USA and Think Safe's Joint Motion to Deposit $2,398,045.43 Into Court, Dkt. No. 44, in ND Iowa Case, #4 Exhibit D, Clerk's Order Releasing $2,398,045.43 Held by the Clerk of the Court to Think Safe, Dkt. No. 106, in ND Iowa Case, #5 Exhibit E, Joint Motion to Deposit $200,998.17 Into Court, Dkt. No. 65, in ND Iowa Case, #6 Exhibit F, Order on Joint Motion to Deposit $200,998.17 Into Court, Dkt. No. 87, in ND Iowa Case, #7 Exhibit G, Joint Motion to Disburse Funds Held By Clerk of Court to Fraud Victim, Dkt. No. 89, in ND Iowa Case)(Kaufman, Aryeh) |
| Filing 71 STATEMENT of Defendants Datta Holdings, LLC, Varun Datta, and Sam Sharma in Response to Plaintiff's Separate Statement of Genuine Disputes of Material Facts in Opposition to Defendants' Motion for Summary Judgment and in Support of Defendants' NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims in Suit , or in the Alternative, Partial Summary Judgment #56 filed by Cross Claimants Varun Datta, Datta Holdings, LLC, Sam Sharma, Defendants Varun Datta, Datta Holdings, LLC, Sam Sharma. (Attachments: #1 Declaration of Sam Sharma in Support of Defendants Datta Holdings, LLC, Varun Datta, and Sam Sharma's Response to Plaintiff's Separate Statement of Genuine Disputes of Material Facts in Opposition to Defendants' Motion for Summary Judgment)(Kaufman, Aryeh) |
| Filing 70 REPLY in Support of the Datta Defendants' NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims in Suit , or in the Alternative, Partial Summary Judgment #56 filed by Cross Claimants Varun Datta, Datta Holdings, LLC, Sam Sharma, Defendants Varun Datta, Datta Holdings, LLC, Sam Sharma. (Kaufman, Aryeh) |
| Filing 69 REPLY filed by Plaintiff Guilbert Tex, Inc. to Statement (Motion related), #64 (Novian, Farhad) |
| Filing 68 REPLY In Support of a Motion NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Material Facts #53 filed by Plaintiff Guilbert Tex, Inc.. (Novian, Farhad) |
| Filing 67 EXHIBIT Filed filed by Plaintiff Guilbert Tex, Inc.. COMPENDIUM OF CONSOLIDATED EVIDENCE as to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Material Facts #53 , NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims in Suit , or in the Alternative, Partial Summary Judgment #56 . (Bozarth, Sean) |
| Filing 66 STATEMENT of GENUINE DISPUTES AND ADDITIONAL MATERIAL FACTS (AMENDED) IN OPPOSITION TO NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims in Suit , or in the Alternative, Partial Summary Judgment #56 filed by Plaintiff Guilbert Tex, Inc.. (Bozarth, Sean) |
| Filing 65 NOTICE OF ERRATA filed by Plaintiff Guilbert Tex, Inc.. correcting Statement (Motion related), #62 (Bozarth, Sean) |
| Filing 64 STATEMENT of Datta Holdings, LLC in Response to Plaintiff's Statement of Uncontroverted Facts in Support of Its Motion for Partial Summary Judgment NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Material Facts #53 filed by Cross Claimant Datta Holdings, LLC, Defendant Datta Holdings, LLC. (Kaufman, Aryeh) |
| Filing 63 Opposition to Plaintiff's Partial Motion for Summary Judgment opposition re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Material Facts #53 filed by Cross Claimant Datta Holdings, LLC, Defendant Datta Holdings, LLC. (Kaufman, Aryeh) |
| Filing 62 STATEMENT of GENUINE DISPUTES AND ADDITIONAL MATERIAL FACTS IN OPPOSITION TO NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims in Suit , or in the Alternative, Partial Summary Judgment #56 filed by Plaintiff Guilbert Tex, Inc.. (Bozarth, Sean) |
| Filing 61 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims in Suit , or in the Alternative, Partial Summary Judgment #56 filed by Plaintiff Guilbert Tex, Inc.. (Bozarth, Sean) |
| Filing 60 OPPOSITION in re: NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims in Suit , or in the Alternative, Partial Summary Judgment #56 filed by Plaintiff Guilbert Tex, Inc.. (Attachments: #1 Declaration of William Needham)(Bozarth, Sean) |
| Filing 59 REQUEST for Leave to file Statement of Uncontroverted Facts as a New Docket Entry and Maintain Seal on Docket Entry 57 filed by Defendants Varun Datta, Datta Holdings, LLC, Sam Sharma. (Attachments: #1 Declaration of Aryeh Kaufman, Esq. in Support of Defendants' Request to Maintain Seal on Dkt. No. 57 and Refile Statement of Uncontroverted Facts and Conclusions of Law as a New Docket Entry) (Kaufman, Aryeh) |
| Filing 58 STATEMENT of Conclusions of Law in Support of the Datta Defendants' NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims in Suit , or in the Alternative, Partial Summary Judgment #56 filed by Cross Claimants Varun Datta, Datta Holdings, LLC, Sam Sharma, Defendants Varun Datta, Datta Holdings, LLC, Sam Sharma. (Kaufman, Aryeh) |
| Filing 56 NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims in Suit , or in the Alternative, Partial Summary Judgment filed by Defendants Varun Datta, Datta Holdings, LLC, Sam Sharma. Motion set for hearing on 11/29/2021 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendants Datta Holdings, LLC, Varun Datta, and Sam Sharma's Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment, #2 Proposed Order Granting Partial Summary Judgment in Favor of Defendants Datta Holdings LLC, Varun Datta, and Sam Sharma, #3 Proposed Order Granting Summary Judgment in Favor of Defendants Datta Holdings LLC, Varun Datta, and Sam Sharma) (Kaufman, Aryeh) |
| Filing 55 STATEMENT of Statement of Uncontroverted Facts and Conclusions of Law NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Material Facts #53 filed by Plaintiff Guilbert Tex, Inc.. (Bozarth, Sean) |
| Filing 54 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Material Facts #53 filed by Plaintiff Guilbert Tex, Inc.. (Bozarth, Sean) |
| Filing 53 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Material Facts filed by plaintiff Guilbert Tex, Inc.. Motion set for hearing on 11/29/2021 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum GUILBERT TEXS MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DATTA HOLDINGS, LLC, #2 Declaration Declaration of Siamak Okhovat, #3 Declaration Declaration of William Needham, #4 Proposed Order Proposed Order Granting Partial Summary Judgment) (Bozarth, Sean) |
| Filing 52 MINUTES OF STATUS CONFERENCE held before Judge Stephen V. Wilson. Attorneys state their appearances. The Court vacates all previously set dates, and sets the following schedule: Filing of Motion for Summary Judgment: 11/3/2021. Opposition due by 11/10/2021. Reply due by 11/17/2021. Hearing date: 11/29/2021, at 1:30 p.m. Court Reporter: Katie Thibodeaux. (mrgo) |
| Filing 51 SCHEDULING NOTICE by Judge Stephen V. Wilson - The sets and in-person Status Conference for 10/4/2021 at 3:00 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 50 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Guilbert Tex, Inc.. (Novian, Farhad) |
| Filing 49 AMENDED ANSWER to Complaint (Attorney Civil Case Opening) #1 First Amended Answer to Complaint filed by Defendants Varun Datta, Datta Holdings, LLC, Sam Sharma. (Kaufman, Aryeh) |
| Filing 48 MINUTES OF PRETRIAL CONFERENCE held before Judge Stephen V. Wilson. The Court rules as follows: 1. Discovery cut-off is set for October 1, 2021; 2. Leave to amend the answer is granted; The jury trial is continued to October 26, 2021 at 9:00 a.m., with a further pretrial conference set for October 18, 2021 at 3:00 p.m. Court Reporter: Sheri Kleeger. (mrgo) |
| Filing 47 MINUTES OF PRETRIAL CONFERENCE held before Judge Stephen V. Wilson. Conference held. The Court adjourns the pretrial conference and order all the parties to appear in person on Tuesday, July 27, 2021, at 1:30 p.m. Court Reporter: Katie Thibodeaux. (mrgo) |
| Filing 46 Notice of Appearance or Withdrawal of Counsel: for attorney Farhad Novian counsel for Plaintiff Guilbert Tex, Inc.. Adding SEAN BOZARTH as counsel of record for GUILBERT TEX, INC. for the reason indicated in the G-123 Notice. Filed by Plaintiff GUILBERT TEX, INC.. (Novian, Farhad) |
| Filing 45 PROPOSED JURY INSTRUCTIONS filed by PLAINTIFF Guilbert Tex, Inc... (Novian, Farhad) |
| Filing 44 PROPOSED JURY VERDICT filed by PLAINTIFF Guilbert Tex, Inc.. (Novian, Farhad) |
| Filing 43 PROPOSED JURY INSTRUCTIONS filed by PLAINTIFF Guilbert Tex, Inc... (Novian, Farhad) |
| Filing 42 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Guilbert Tex, Inc.. (Attachments: #1 Final Pretrial Conference Order)(Novian, Farhad) |
| Filing 41 DEFAULT BY CLERK F.R.Civ.P.55(a) as to United States Fed Group Consortium Syndicate a Delaware Corporation. (mrgo) |
| Filing 40 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Alex St. James an individual. (mrgo) |
| Filing 39 APPLICATION for Clerk to Enter Default against Defendant Alex St. James filed by Plaintiff Guilbert Tex, Inc.. (Attachments: #1 Declaration of Farhad Novian) (Novian, Farhad) |
| Filing 38 APPLICATION for Clerk to Enter Default against Defendant United States Fed Group Consortium Syndicate filed by Plaintiff Guilbert Tex, Inc.. (Attachments: #1 Declaration of Farhad Novian) (Novian, Farhad) |
| Filing 37 Notice of Electronic Filing re Crossclaim #36 , Answer to Complaint (Attorney Civil Case Opening) #35 e-mailed to Michael Jason O'Brien at mobrien@novianlaw.com bounced due to Invalid email address. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY |
| Filing 36 CROSSCLAIM against Cross-Defendants David Huang, Alex St. James, United States Fed Group Consortium Syndicate; Jury Demand, filed by Cross-Plaintiff Varun Datta, Datta Holdings, LLC, Sam Sharma.(Mayberg, Menachem) |
| Filing 35 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND .(Mayberg, Menachem) |
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Filing 34
MINUTE ORDER IN CHAMBERS ORDER re DEFICIENCY IN ATTORNEY'S BUSINESS OR CONTACT INFORMATION by Judge Stephen V. Wilson. The contact information for attorney Michael Jason O'Brien is deficient in that no email address is listed on the Court's docket. See minute order for details. (lom)
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Filing 33
CIVIL TRIAL PREPARATION ORDER by Judge Stephen V. Wilson. (pc)
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| Filing 32 Notice of Electronic Filing re Text Only Scheduling Notice, 30 , Order on Motion to Dismiss,, #31 e-mailed to Michael O'Brien bounced due to 550 5.1.10 RESOLVER.ADR.RecipientNotFound. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
| Filing 30 SCHEDULING NOTICE-IN CHAMBERS ONLY/TEXT ONLY ENTRY by Judge Stephen V. Wilson re: MOTION to Dismiss Complaint filed by Defense #22 - The motion is submitted. Order to issue. The hearing scheduled for 03/15/2021 at 1:30 p.m. is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
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Filing 31
MINUTE ORDER (IN CHAMBERS) DENYING MOTION TO DISMISS #22 by Judge Stephen V. Wilson. For the foregoing reasons, Moving Defendants' motion to dismiss is DENIED. The Court will set a jury trial for August 3, 2021 at 9:00 a.m., and a pre-trial conference for July 26, 2021 at 3:00 p.m. Within 14 days of this order, Plaintiff is directed to move for default judgment against Defendants who have failed to respond to the complaint. Plaintiff's ex parte application for leave to file a sur-reply is DENIED as unnecessary. (See document for details) (mrgo)
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| Filing 29 OPPOSITION to EX PARTE APPLICATION for Leave to file Sur-Reply re Datta and Sharma Motion to Dismiss Complaint (Dkt #22) #28 filed by Defendants Varun Datta, Datta Holdings, LLC, Sam Sharma. (Mayberg, Menachem) |
| Filing 28 EX PARTE APPLICATION for Leave to file Sur-Reply re Datta and Sharma Motion to Dismiss Complaint (Dkt #22) filed by Plaintiff Guilbert Tex, Inc.. (Attachments: #1 Declaration of Farhad Novian, #2 Exhibit 1 to Novian Decl., #3 Proposed Order) (Novian, Farhad) |
| Filing 27 REPLY NOTICE OF MOTION AND MOTION to Dismiss Complaint #22 filed by Defendants Varun Datta, Datta Holdings, LLC, Sam Sharma. (Mayberg, Menachem) |
| Filing 26 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Complaint #22 filed by Plaintiff Guilbert Tex, Inc.. (Attachments: #1 Declaration of Farhad Novian, #2 Exhibit A to Novian Decl.)(Novian, Farhad) |
| Filing 25 NOTICE of Interested Parties filed by Defendant Varun Datta, Datta Holdings, LLC, Sam Sharma, (Mayberg, Menachem) |
| Filing 24 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION to Dismiss Complaint #22 by Clerk of Court. Counsel are directed to file their Notice of Interested Parties within 7 days of today's date. (mrgo) |
| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Complaint #22 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (mrgo) |
| Filing 22 NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by Defense Varun Datta, Datta Holdings, LLC, Sam Sharma. Motion set for hearing on 3/15/2021 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum Motion to Dismiss) (Mayberg, Menachem) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff Guilbert Tex, Inc., upon Defendant Alex St. James served on 1/25/2021, answer due 2/16/2021. Service of the Summons and Complaint were executed upon Hallie Adams-Office Manager in compliance with statute not specified by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Novian, Farhad) |
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Filing 20
ORDER by Judge Stephen V. Wilson: granting #19 Non-Resident Attorney Menachem M. Mayberg APPLICATION to Appear Pro Hac Vice on behalf of Datta Holdings, LLC, Varun Datta, and Sam Sharma, designating Aryeh Kaufman as local counsel. (mrgo)
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| Filing 19 APPLICATION of Non-Resident Attorney Menachem M. Mayberg to Appear Pro Hac Vice on behalf of Defendants Varun Datta, Datta Holdings, LLC, Sam Sharma (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30225625) filed by Defendants Varun Datta, Datta Holdings, LLC, Sam Sharma. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear In a Specific Case Pro Hac Vice) (Kaufman, Aryeh) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Guilbert Tex, Inc., upon Defendant Datta Holdings, LLC served on 1/12/2021, answer due 2/5/2021. Service of the Summons and Complaint were executed upon Varun Datta-Manager in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Novian, Farhad) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Guilbert Tex, Inc., upon Defendant Varun Datta served on 1/12/2021, answer due 2/5/2021. Service of the Summons and Complaint were executed upon Varun Datta in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Novian, Farhad) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Guilbert Tex, Inc., upon Defendant Sam Sharma served on 12/31/2020, answer due 2/5/2021. Service of the Summons and Complaint were executed upon Sam Sharma in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Novian, Farhad) |
| Filing 15 STIPULATION Extending Time to Answer the complaint as to Varun Datta answer now due 2/5/2021; Datta Holdings, LLC answer now due 2/5/2021; Sam Sharma answer now due 2/5/2021, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Varun Datta; Datta Holdings, LLC; Sam Sharma.(Attorney Aryeh L Kaufman added to party Varun Datta(pty:dft), Attorney Aryeh L Kaufman added to party Datta Holdings, LLC(pty:dft), Attorney Aryeh L Kaufman added to party Sam Sharma(pty:dft))(Kaufman, Aryeh) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Guilbert Tex, Inc., upon Defendant United States Fed Group Consortium Syndicate served on 12/29/2020, answer due 1/19/2021. Service of the Summons and Complaint were executed upon Stephanie Frazier (Managing Agent) in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Novian, Farhad) |
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Filing 13
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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| Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Varun Datta, Datta Holdings, LLC, David Huang, Sam Sharma, Alex St. James, United States Fed Group Consortium Syndicate. (Attachments: #1 DattaHldgs, #2 DHuang, #3 SSharma, #4 ASt.James, #5 US Fed Group) (jtil) |
| Filing 11 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 10 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Alicia G. Rosenberg. (jtil) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Guilbert Tex, Inc.. (Novian, Farhad) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Guilbert Tex, Inc.. (Novian, Farhad) |
| Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Guilbert Tex, Inc.. (Novian, Farhad) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Guilbert Tex, Inc.. (Novian, Farhad) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Guilbert Tex, Inc.. (Novian, Farhad) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Guilbert Tex, Inc.. (Novian, Farhad) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Guilbert Tex, Inc.. (Novian, Farhad) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, identifying GUILBERT TEX, INC.; UNITED STATES FED GROUP CONSORTIUM SYNDICATE; DATTA HOLDINGS, LLC; VARUN DATTA; SAM SHARMA; DAVID HUANG; ALEX ST. JAMES. (Novian, Farhad) |
| Filing 1 COMPLAINT Receipt No: ACACDC-29587533 - Fee: $402, filed by Plaintiff Guilbert Tex, Inc.. (Attorney Farhad Novian added to party Guilbert Tex, Inc.(pty:pla))(Novian, Farhad) |
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