Virgin Scent, Inc. v. BT Supplies West, Inc., et al
| Virgin Scent, Inc. a California corporation doing business as Art Naturals |
| Lori Kaufman, Ruben Azrak, Michael Steinhardt, Sammy Cohen, Steven Odzer, Lifeguard Licensing Corp., Does 1 to 10, inclusive and BT Supplies West, Inc. |
| Robert Mockler |
| Doe Defendants and Roe Doe Defendants |
| 2:2021cv00184 |
| January 8, 2021 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Alka Sagar |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on December 1, 2022. A more recent docket listing may be available from PACER.
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| Filing 219 APPLICATION to the Clerk to Tax Costs against defendant BT Supplies West, Inc. filed by Plaintiff Virgin Scent, Inc.. (Kaufman, Aryeh) |
| Filing 218 JUDGMENT ON THE VERDICT FOR PLAINTIFF by Judge Dolly M. Gee: IT IS ORDERED AND ADJUDGED that Plaintiff Virgin Scent, Inc. recover of Defendant BT Supplies West, Inc. the sum of $17,782,000; that Counterclaimant BT Supplies West, Inc. take nothing as against Counterdefendant Virgin Scent, Inc.; and that the action be dismissed on the merits in favor of Plaintiff/Counterdefendant Virgin Scent, Inc. (MD JS-6, Case Terminated). (gk) |
| Filing 217 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stipulation of counsel and/or by Order of the Court, all exhibits listed on the joint exhibits list are returned to counsel for respective party(ies). (gk) |
| Filing 216 UNREDACTED VERDICT FORM Re: Redacted Verdict Form #215 . (gk) |
| Filing 215 REDACTED VERDICT FORM. (gk) |
| Filing 214 VERDICT FORM (Blank). (gk) |
| Filing 213 UNREDACTED Jury Note Number 3 filed Re: Redacted Jury Note #212 . (gk) |
| Filing 212 REDACTED Jury Note Number 3 filed. (gk) |
| Filing 211 UNREDACTED Jury Note Number 2 filed Re: Redacted Jury Note #210 . (gk) |
| Filing 210 REDACTED Jury Note Number 2 filed. (gk) |
| Filing 209 UNREDACTED Jury Note Number 1 filed Re: Redacted Jury Note #208 . (gk) |
| Filing 208 REDACTED Jury Note Number 1 filed. (gk) |
| Filing 207 Confirmation of Exhibit Review and Authorization to Submit Exhibits to Jury. (gk) |
| Filing 206 LIST OF EXHIBITS AND WITNESSES at trial. (gk) |
| Filing 205 JURY INSTRUCTIONS (Given) by Judge Dolly M. Gee. (gk) |
| Filing 204 PRELIMINARY INSTRUCTIONS (Given) by Judge Dolly M. Gee. (gk) |
| Filing 203 MINUTES OF Jury Trial - 5th Day held and completed before Judge Dolly M. Gee: Closing arguments made. Court instructs jury. Bailiff(s) sworn. Jury retires to deliberate. Jury Verdict in favor of plaintiff(s) is read and filed. Polling waived. Filed Witness & Exhibit Lists. Filed jury notes. Filed jury notes. Clerk reviewed admitted exhibits with counsel to be submitted to the Jury/Court for deliberation/findings. Counsel stipulate to the return of exhibits upon the conclusion of trial. Exhibit Release Form prepared and filed. The Court receives jury note nos. 1-3, and meets and confers with counsel as to each. Court Reporter: Suzanne McKennon. (gk) |
| Filing 202 MINUTES OF Jury Trial - 4th Day held before Judge Dolly M. Gee: Witnesses called, sworn and testified. Exhibits identified and admitted. Defendant(s) rest. After Defendant rested, Plaintiff moved for judgment as a matter of law under Rule 50(a) ("Motion") #200 . The Court hears argument. The Motion is DENIED IN PART for the reasons stated on the record. The Court defers ruling on part as reflected in the record. The Court met with counsel re jury instructions and verdict form. Jury Trial continued to 11/16/2022 09:00 AM before Judge Dolly M. Gee. Court Reporter: Suzanne McKennon. (gk) |
| Filing 200 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: JMOL filed by Plaintiff and Counterdefendant Virgin Scent, Inc.. Motion set for hearing on 11/15/2022 at 05:00 PM before Judge Dolly M. Gee. (Attachments: #1 Supplement Request for Judicial Notice) (McCarl, Ryan) |
| Filing 201 MINUTES OF Jury Trial - 3rd Day held before Judge Dolly M. Gee: Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff(s) rest. After Plaintiff rested, Defendants orally moved for judgment as a matter of law under Rule 50(a) ("Motion"). The Court hears argument. The Motion is DENIED for the reasons stated on the record. The Court dismissed Juror No. 4 due to illness. Jury Trial continued to 11/15/2022 09:00 AM before Judge Dolly M. Gee. Court Reporter: Suzanne McKennon. (gk) |
Filing 198
MINUTE (IN CHAMBERS) ORDER RE PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE OF JUDICIAL ADMISSIONS #195 by Judge Dolly M. Gee. Virgin Scent may therefore present evidence to the jury regarding BT's purported admissions in its Answer, but the Court will not treat BT's admissions as conclusively establishing the existence of a March order separate from an April order, or hold that BT is estopped from arguing to the jury that there was only a single 10 million mask order. (iv)
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| Filing 196 RESPONSE filed by Defendant BT Supplies West, Inc. to the Court's Order to Show Cause Regarding Alleged Judicial Admissions (Assia, Jonathan) |
| Filing 199 MINUTES OF Jury Trial - 2nd Day held before Judge Dolly M. Gee: Witnesses called, sworn and testified. Exhibits identified and admitted. Defendant may file a brief responding to Plaintiffs brief re judicial estoppel by 11/11/2022. Jury Trial continued to 11/14/2022 09:00 AM before Judge Dolly M. Gee. Court Reporter: Suzanne McKennon. (gk) |
| Filing 195 REQUEST FOR JUDICIAL NOTICE of judicial admissions filed by Plaintiff Virgin Scent, Inc.. (McCarl, Ryan) |
| Filing 194 OBJECTIONS and requested redactions to BT Supplies' Exhibits 203 and 239 filed by Plaintiff Virgin Scent, Inc.. (McCarl, Ryan) |
| Filing 197 MINUTES OF Jury Trial - 1st Day held before Judge Dolly M. Gee: Jury impaneled and sworn. Opening statements made. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 11/10/2022 09:00 AM before Judge Dolly M. Gee. Court Reporter: Suzanne McKennon. (gk) |
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Filing 193
MINUTES OF IN CHAMBERS - ORDER DENYING PLAINTIFF'S MOTION FOR TERMINATING SANCTIONS AND DISCHARGING OSC by Judge Dolly M. Gee: Plaintiff's Motion #180 is DENIED and the Court's Order to Show Cause #191 is DISCHARGED. See document for further details. Court Reporter: Not Reported. (gk)
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| Filing 192 RESPONSE filed by Defendant BT Supplies West, Inc. to Order to Show Cause Regarding Terminating Sanctions (Attachments: #1 Declaration ISO Response to Court's OSC re Terminating Sanctions, #2 Declaration Manley Declaration ISO Response to Court's OSC, #3 Declaration Cohen Declaration ISO Response to Court's Order to Show Cause re Terminating Sanctions, #4 Declaration Odzer Declaration in Response to Court Order to Show Cause re Terminating Sanctions)(Assia, Jonathan) |
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Filing 191
MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY PLAINTIFF'S MOTION FOR TERMINATING SANCTIONS SHOULD NOT BE GRANTED by Judge Dolly M. Gee: Before the Court is a motion for terminating sanctions filed by Plaintiff Virgin Scent, Inc. filed on 10/20/2022 #180 . In the motion, Virgin Scent asserts that the metadata of certain invoices produced in September 2022 by Defendant BT Supplies indicate that the invoices were created in September 2022, even though the invoices themselves show dates in 2020. Virgin Scent accuses BT Supplies of backdating the invoices, and BT Supplies does not respond to this accusation in its Opposition. The Court ORDERS BT Supplies to show cause why terminating sanctions should not be imposed for falsifying evidence. BT Supplies shall file its response no later than 11/7/2022. Court Reporter: Not Reported. (gk)
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| Filing 190 REPLY in support of MOTION for Sanctions Discovery sanctions under Fed. R. Civ. P. 37 against Defendant BT Supplies West, Inc. #180 filed by Plaintiff Virgin Scent, Inc.. (Attachments: #1 Declaration Supplemental Declaration of Ryan McCarl in Support of Virgin Scent's Motion for Discovery Sanctions)(McCarl, Ryan) |
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Filing 188
FINAL PRETRIAL CONFERENCE ORDER approved by Judge Dolly M. Gee. (gk)
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Filing 189
MINUTES OF IN CHAMBERS - ORDER RE MOTIONS IN LIMINE by Judge Dolly M. Gee: BT Supplies' motion to exclude evidence of Odzer's prior criminal conviction #134 is GRANTED. Virgin Scent's motion to exclude evidence regarding benzene or other contaminants #142 is DENIED, except that the parties shall meet and confer to propose a limiting instruction and to redact unnecessary or inflammatory characterizations in the documents. Virgin Scent's motion to exclude evidence regarding the price of Chinese-made hand sanitizer #143 is GRANTED as to evidence about the quality of Virgin Scent's goods, DENIED as to lay opinion testimony regarding the prices charged by Virgin Scent's competitors, and DENIED as moot as to general "market" evidence. Virgin Scent's motion to exclude evidence regarding unpled contracts #144 is DENIED as moot. Virgin Scent's motion to exclude late-disclosed witnesses pursuant to Federal Rule of Civil Procedure 37(c) #145 is GRANTED. Virgin Scent's motion to exclude all evidence regarding BT Supplies' damages #146 is GRANTED as to BT Supplies' "lost profits" theory of damages, but DENIED as to its "overpayment" theory of damages. Court Reporter: Not Reported. (gk)
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| Filing 187 OPPOSITION Opposition re: MOTION for Sanctions Discovery sanctions under Fed. R. Civ. P. 37 against Defendant BT Supplies West, Inc. #180 filed by Defendant BT Supplies West, Inc., Counter Claimant BT Supplies West, Inc.. (Attachments: #1 Declaration Steven Odzer, #2 Declaration Jonathan Assia, #3 Exhibit A - E, #4 Proposed Order)(Assia, Jonathan) |
| Filing 186 Notice of Appearance or Withdrawal of Counsel: for attorney Irene Scholl Tatevosyan counsel for Defendant BT Supplies West, Inc., Counter Claimant BT Supplies West, Inc.. IRENE SCHOLL-TATEVOSYAN is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant and Counterclaimant BT Supplies West, Inc.. (Scholl Tatevosyan, Irene) |
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Filing 185
ORDER GRANTING EX PARTE APPLICATION #181 by Judge Dolly M. Gee. The Court has considered Plaintiff Virgin Scent Inc.s Ex Parte Application (EPA) to shorten the time for hearing a motion for discovery sanctions [Doc. # 181], as well as Defendant BT Supplies Opposition thereto [Doc. # 184]. In light of the impending trial date, there is insufficient time for this motion to be heard on a regularly noticed motion according to the procedures laid out under Local Rule 37-2. The Court finds that good cause supports hearing the motion on an expedited schedule, and GRANTS the motion. BT Supplies shall file its Opposition by October 28, 2022. Any Reply shall be filed by November 2, 2022. Upon the completion of briefing, the motion will stand submitted. Pursuant to the Courts pandemic protocol, the trial in this matter has been rescheduled to begin on Wednesday, November 9, 2022 at 8:30 a.m. (rolm)
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| Filing 184 OPPOSITION to EX PARTE APPLICATION for Leave to File motion for discovery sanctions, waiving compliance with LR 37-2 and shortening time to respond (see Dkt. No. 180) #181 filed by Defendant BT Supplies West, Inc., Counter Claimant BT Supplies West, Inc.. (Attachments: #1 Declaration Jonathan Assia, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order)(Assia, Jonathan) |
| Filing 183 COMPACT DISC Order for date of proceedings 6/9/2022 to 6/9/2022 filed by defendant and counterclaimant BT Supplies West, Inc.. Court will contact Jonathan Assia at jassia@nixonpeabody.com with any questions regarding this order. Transcript portion requested: Other: Hearing on motion for terminating sanctions. FEE PAID. (Assia, Jonathan) |
| Filing 182 TRANSCRIPT ORDER as to defendant BT Supplies West, Inc. for Court Smart (CS). Court will contact Melissa Krumholt at mkrumholt@nixonpeabody.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Scholl Tatevosyan, Irene) |
| Filing 181 EX PARTE APPLICATION for Leave to File motion for discovery sanctions, waiving compliance with LR 37-2 and shortening time to respond (see Dkt. No. 180) filed by Plaintiff and Counterdefendant Virgin Scent, Inc.. (Attachments: #1 Declaration Declaration of Ryan McCarl in Support of Ex Parte Application and Motion for Discovery Sanctions, #2 Proposed Order [Proposed] Order Granting Ex Parte Application)(McCarl, Ryan) |
| Filing 180 NOTICE OF MOTION AND MOTION for Sanctions Discovery sanctions under Fed. R. Civ. P. 37 against Defendant BT Supplies West, Inc. filed by Plaintiff and Counterdefendant Virgin Scent, Inc.. (Attachments: #1 Declaration Declaration of Ryan McCarl in Support of Ex Parte Application and Motion for Discovery Sanctions, #2 Declaration Declaration of Aryeh L. Kaufman, Esq. in Support of Ex Parte Application and Motion for Discovery Sanctions, #3 Supplement Request for Judicial Notice in Support of Motion for Discovery Sanctions, #4 Proposed Order Proposed Order Granting Motion for Discovery Sanctions)(McCarl, Ryan) |
| Filing 179 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Lodging Proposed Pretrial Order, #177 . The following error(s) was/were found: Lacking a signature line for the judge. 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. (gk) |
| Filing 178 Revised MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff and Counterdefendant Virgin Scent, Inc.. (McCarl, Ryan) |
| Filing 177 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Virgin Scent, Inc.. (Attachments: #1 Exhibit Proposed Joint Pretrial Conference Order, #2 Exhibit Joint Status Report on Settlement, #3 Joint Witness List and Time Estimate Form, #4 Joint Disputed and Undisputed Jury Instructions, #5 Clean Form of Joint Disputed and Undisputed Jury Instructions, #6 Joint Verdict Forms, #7 Joint Pretrial Exhibit List, #8 Joint Statement of the Case)(McCarl, Ryan) |
| Filing 176 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit (non-trial) #170 . The following error(s) was/were found: Title page is missing. 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. (gk) |
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Filing 175
ORDER GRANTING REQUEST FOR CONTINUANCE by Judge Dolly M. Gee: Upon review of the BT Supplies West, Inc.'s notice of availability for trial #167 , the Court hereby ORDERS that the Jury Trial is hereby continued to 11/8/2022 08:30 AM before Judge Dolly M. Gee. Discovery may be reopened for the further deposition of Steven Odzer only and documents relating to his further deposition. Any such deposition shall be completed by 9/30/2022. Joint pretrial filings, should any need to be amended or revised by the Parties, are to be filed by 10/11/2022. (gk)
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| Filing 174 Notice Further Availability filed by defendant and counterclaimant BT Supplies West, Inc.. (Scholl Tatevosyan, Irene) |
| Filing 173 EXHIBIT Filed filed by Plaintiff Virgin Scent, Inc., Counter Defendant Virgin Scent, Inc.. as to Response #169 . (Avagyan, Davit) |
| Filing 172 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/16/22 re Transcript #171 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Baird, Miriam) TEXT ONLY ENTRY |
| Filing 171 TRANSCRIPT for proceedings held on 8/16/22 4:15 p.m. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/12/2022. Redacted Transcript Deadline set for 9/22/2022. Release of Transcript Restriction set for 11/21/2022. (Baird, Miriam) |
| Filing 170 EXHIBIT Filed filed by Plaintiff Virgin Scent, Inc., Counter Defendant Virgin Scent, Inc.. as to Response #169 . (Avagyan, Davit) |
| Filing 169 RESPONSE filed by Plaintiff Virgin Scent, Inc., Counter Defendant Virgin Scent, Inc.to Notice (Other) #167 (McCarl, Ryan) |
| Filing 167 Notice re: Conflict with September 20 Trial Date and Proposal for Alternate Dates filed by defendant and counterclaimant BT Supplies West, Inc.. (Attachments: #1 Proposed Order)(Scholl Tatevosyan, Irene) |
| Filing 168 MINUTES OF Final Pretrial Conference and Motion Hearing held before Judge Dolly M. Gee RE: Defendant/Counterclaimant BT Supplies West, Inc.'s Motion in Limine No. 1 to Preclude Virgin Scent, Inc. from Submitting Evidence of a Remote Prior Conviction at Trial #134 ; Plaintiff/Cross-Defendant's Motion in Limine No. 1 to Exclude References to Benzene #142 ; Plaintiff/Cross-Defendant's Motion in Limine No. 2 to Exclude Lay Opinion on the Market Price for or Quality of Hand Sanitizer or Masks #143 ; Plaintiff/Cross-Defendant's Motion in Limine No. 3 to Exclude Evidence Relating to Contracts Not Identified in the Pleadings #144 ; Plaintiff/Cross-Defendant's Motion in Limine No. 4 to Exclude Undisclosed Witnesses #145 ; Plaintiff/Cross-Defendant's Motion in Limine No. 5 to Exclude Evidence of Undisclosed Damages #146 . The Court invites counsel to respond to its tentative rulings on the motions in limine. The Court hears argument. A written order on the MILs will issue. The Court and counsel confer regarding the logistics of trial. The Jury Trial is continued to 9/20/2022 08:30 AM before Judge Dolly M. Gee. See document for further details. Court Reporter: Miriam Baird. (gk) |
| Filing 166 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/8/22 re Transcript #165 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Preston, Phyllis) TEXT ONLY ENTRY |
| Filing 165 TRANSCRIPT for proceedings held on 7/8/22. Court Reporter: Phyllis Preston, stenojag@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/6/2022. Redacted Transcript Deadline set for 9/16/2022. Release of Transcript Restriction set for 11/14/2022. (Preston, Phyllis) |
| Filing 164 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #163 . The following error(s) was/were found: No Judge's signature line on Corrected Joint Proposed Pretrial Conference 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 163 Notice Notice of Errata re Proposed Joint: Pretrial Conference Order filed by Plaintiff and Counterdefendant Virgin Scent, Inc.. (Attachments: #1 Corrected Joint Proposed Pretrial Conference Order)(McCarl, Ryan) |
| Filing 162 NOTICE OF ERRATA filed by Defendant BT Supplies West, Inc., Counter Claimant BT Supplies West, Inc.. correcting Response in Opposition to Motion, #157 (Attachments: #1 Declaration of Irene Scholl-Tatevosyan in Support of OPP to Pls MIL No. 5)(Scholl Tatevosyan, Irene) |
| Filing 161 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Virgin Scent, Inc., Counter Defendant Virgin Scent, Inc.. (Attachments: #1 [Joint Proposed] Pretrial Conference Order, #2 [Joint Proposed] Status Report on Settlement, #3 [Joint Proposed] Statement of the Case, #4 [Joint Proposed] Witness List and Witness Time Estimate List, #5 [Joint Proposed] Pretrial Exhibit List, #6 [Joint Proposed] Verdict Forms, #7 [Joint Proposed] Jury Instructions, #8 [Joint Proposed] Jury Instructions (Objection-Free Versions))(McCarl, Ryan) |
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Filing 160
ORDER GRANTING UNOPPOSED APPLICATION TO SEAL DOCKET NUMBER 136-4 by Judge Dolly M. Gee: The Court hereby GRANTS Defendant BT Supplies West Inc.'s ("BT Supplies") Request to Seal Docket Entry 136-4 #152 . BT Supplies will submit a Joint Exhibit list in accordance with the Court's Orders by 8/5/2022 with the confidential information removed. (gk)
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| Filing 159 OBJECTIONS to Notice of Lodging Proposed Pretrial Order, #136 136-8 BT Supplies' Proposed Voir Dire Questions filed by Plaintiff Virgin Scent, Inc., Counter Defendant Virgin Scent, Inc.. (McCarl, Ryan) |
| Filing 158 OPPOSITION to MOTION IN LIMINE (1) to Preclude Virgin Scent, Inc. from Submitting Evidence of a Remote Prior Conviction at Trial #134 filed by Plaintiff Virgin Scent, Inc., Counter Defendant Virgin Scent, Inc.. (Attachments: #1 Proposed Order Denying BT Supplies' Motion in Limine No. 1)(McCarl, Ryan) |
| Filing 157 OPPOSITION to MOTION IN LIMINE (5) to Exclude Undisclosed damages #146 filed by Defendant BT Supplies West, Inc., Counter Claimant BT Supplies West, Inc.. (Attachments: #1 Declaration of Irene Scholl-Tatevosyan in Support of Opposition to MIL No 5, #2 Proposed Order Denying MIL No 5)(Scholl Tatevosyan, Irene) |
| Filing 156 OPPOSITION to MOTION IN LIMINE (4) to Exclude Undisclosed Witnesses #145 filed by Defendant BT Supplies West, Inc., Counter Claimant BT Supplies West, Inc.. (Attachments: #1 Declaration of Irene Scholl-Tatevosyan in Support of Opposition to MIL No 4, #2 Proposed Order Denying MIL No 4)(Scholl Tatevosyan, Irene) |
| Filing 155 OPPOSITION to MOTION IN LIMINE (3) to Exclude Evidence Relating to Contracts Not Identified in the Pleadings #144 filed by Defendant BT Supplies West, Inc., Counter Claimant BT Supplies West, Inc.. (Attachments: #1 Declaration of Irene Scholl-Tatevosyan in Support of Opposition to MIL No 3, #2 Proposed Order Denying MIL No 3)(Scholl Tatevosyan, Irene) |
| Filing 154 OPPOSITION to MOTION IN LIMINE (2) to Exclude Lay Opinion on the Market Price for or Quality of Hand Sanitizer or Masks #143 filed by Defendant BT Supplies West, Inc., Counter Claimant BT Supplies West, Inc.. (Attachments: #1 Proposed Order Denying MIL No 2)(Scholl Tatevosyan, Irene) |
| Filing 153 OPPOSITION to MOTION IN LIMINE (1) to Exclude References to Benzene or Other Contaminants #142 filed by Defendant BT Supplies West, Inc., Counter Claimant BT Supplies West, Inc.. (Attachments: #1 Proposed Order Denying MIL No 1)(Scholl Tatevosyan, Irene) |
| Filing 152 BT Supplies West Inc.'s Unopposed Request and Application to Seal Docket Number 136-4 (Attachments: #1 Proposed Order)(Scholl Tatevosyan, Irene) |
| Filing 151 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION IN LIMINE (4) to Exclude Undisclosed Witnesses #145 , MOTION IN LIMINE (2) to Exclude Lay Opinion on the Market Price for or Quality of Hand Sanitizer or Masks #143 , MOTION IN LIMINE (1) to Exclude References to Benzene or Other Contaminants #142 , MOTION IN LIMINE (5) to Exclude Undisclosed damages #146 , MOTION IN LIMINE (3) to Exclude Evidence Relating to Contracts Not Identified in the Pleadings #144 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. The Order of 7/19/2022 set the motion in limine filing deadline of 7/26/2022. 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. (gk) |
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Filing 150
MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR COUNSEL'S FAILURE TO COMPLY WITH COURT'S SCHEDULING AND CASE MANAGEMENT ORDER by Judge Dolly M. Gee: The parties' counsel are hereby ORDERED TO SHOW CAUSE why they should not be sanctioned for their failure to timely cooperate in the filing of pretrial documents that were due on 7/26/2022. Plaintiff's counsel's recent appearance in the case is no excuse for failure to timely comply with this Court's 3/11/2021 Scheduling and Case Management Order and the Local Rules or, at least, to seek leave of court for an extension of time. Counsel's written responses shall be filed by no later than 8/5/2022. The filing of joint pretrial documents compliant with the CMO by that date shall be deemed a satisfactory response. Court Reporter: Not Reported. (gk)
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| Filing 149 OBJECTIONS to Notice of Lodging Proposed Pretrial Order, #136 136-4 (BT Supplies' Exhibit List) filed by Plaintiff Virgin Scent, Inc., Counter Defendant Virgin Scent, Inc.. (McCarl, Ryan) |
| Filing 148 PROPOSED JURY VERDICT filed by Plaintiff and Counterdefendant Virgin Scent, Inc.. (McCarl, Ryan) |
| Filing 147 PROPOSED JURY INSTRUCTIONS filed by Plaintiff and Counterdefendant Virgin Scent, Inc... (McCarl, Ryan) |
| Filing 146 NOTICE OF MOTION AND MOTION IN LIMINE (5) to Exclude Undisclosed damages filed by Plaintiff and Counterdefendant Virgin Scent, Inc.. Motion set for hearing on 8/16/2022 at 04:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order Proposed Order Granting Plaintiff Virgin Scent's Motion in Limine No. 5, #2 Declaration Declaration of Aryeh Kaufman, Esq. in Support of Plaintiff's Motions in Limine)(McCarl, Ryan) |
| Filing 145 NOTICE OF MOTION AND MOTION IN LIMINE (4) to Exclude Undisclosed Witnesses filed by Plaintiff and Counterdefendant Virgin Scent, Inc.. Motion set for hearing on 8/16/2022 at 04:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order Proposed Order Granting Plaintiff Virgin Scent's Motion to Exclude Undisclosed Witnesses, #2 Declaration Declaration of Aryeh Kaufman, Esq. in Support of Plaintiff's Motions in Limine)(McCarl, Ryan) |
| Filing 144 NOTICE OF MOTION AND MOTION IN LIMINE (3) to Exclude Evidence Relating to Contracts Not Identified in the Pleadings filed by Plaintiff and Counterdefendant Virgin Scent, Inc.. Motion set for hearing on 8/16/2022 at 04:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order Proposed Order Granting Plaintiff's Motion in Limine No. 3, #2 Declaration Declaration of Aryeh Kaufman, Esq. in Support of Plaintiff's Motions in Limine)(McCarl, Ryan) |
| Filing 143 NOTICE OF MOTION AND MOTION IN LIMINE (2) to Exclude Lay Opinion on the Market Price for or Quality of Hand Sanitizer or Masks filed by plaintiff and Counterdefendant Virgin Scent, Inc.. Motion set for hearing on 8/16/2022 at 04:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order Proposed Order Granting Plaintiff's Motion in Limine No. 2, #2 Declaration Declaration of Aryeh Kaufman, Esq. in Support of Plaintiff's Motions in Limine)(McCarl, Ryan) |
| Filing 142 NOTICE OF MOTION AND MOTION IN LIMINE (1) to Exclude References to Benzene or Other Contaminants filed by Plaintiff and Counterdefendant Virgin Scent, Inc.. Motion set for hearing on 8/16/2022 at 04:00 PM before Judge Dolly M. Gee. (Attachments: #1 Declaration Decl. of Aryeh Kaufman in Support of Plaintiff's Motions in Limine, #2 Proposed Order Proposed Order Granting Plaintiff's Motion in Limine No. 1)(McCarl, Ryan) |
| Filing 141 Witness List filed by Plaintiff and Counterdefendant Virgin Scent, Inc... (McCarl, Ryan) |
| Filing 140 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff and counterdefendant Virgin Scent, Inc.. (McCarl, Ryan) |
| Filing 139 Proposed Voir Dire Questions filed by Plaintiff and counterdefendant Virgin Scent, Inc... (McCarl, Ryan) |
| Filing 138 PROPOSED Exhibit List filed by Plaintiff and Counterdefendant Virgin Scent, Inc... (McCarl, Ryan) |
| Filing 137 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Virgin Scent, Inc.. (Attachments: #1 Proposed Order Plaintiff Virgin Scent's Proposed Pretrial Conference Order, #2 Supplement Plaintiff Virgin Scent's Proposed Stipulated Facts for Pretrial Conference Order)(McCarl, Ryan) |
| Filing 136 NOTICE OF LODGING Proposed Pretrial Conference Order Defendant BT Supplies West, Inc., Counter Claimant BT Supplies West, Inc.. (Attachments: #1 Proposed Pretrial Conference Order, #2 Proposed Jury Instructions, #3 Proposed Verdict Forms, #4 SEALED - Exhibit List, #5 Joint Witness List, #6 Proposed Statement of the Case, #7 Memo of Contentions of Fact and Law, #8 Proposed Voir Dire, #9 Status Report re Settlement)(Scholl Tatevosyan, Irene) [SEALED ATTACHMENT 4 PER ORDER OF 8/2/2022, SEE DOCKET NO. 160] Modified on 8/3/2022 (gk). |
| Filing 135 NOTICE of Appearance filed by attorney John Rushing on behalf of Plaintiff Virgin Scent, Inc. (Rushing, John) |
| Filing 134 NOTICE OF MOTION AND MOTION IN LIMINE (1) to Preclude Virgin Scent, Inc. from Submitting Evidence of a Remote Prior Conviction at Trial filed by Defendant/Counterclaimant BT Supplies West, Inc.. Motion set for hearing on 8/16/2022 at 04:00 PM before Judge Dolly M. Gee. (Attachments: #1 Declaration of I Scholl-Tatevosyan ISO MIL No 1, #2 Declaration of S Odzer ISO MIL No 1, #3 RJN ISO MIL No 1, #4 Proposed Order Granting MIL No 1)(Scholl Tatevosyan, Irene) |
| Filing 133 Notice of Appearance or Withdrawal of Counsel: for attorney Davit Avagyan counsel for Plaintiff Virgin Scent, Inc., Counter Defendant Virgin Scent, Inc.. Adding Davit Avagyan as counsel of record for Virgin Scent, Inc. dba Art Naturals, a California corporation for the reason indicated in the G-123 Notice. Filed by Plaintiff Virgin Scent, Inc. dba Art Naturals. (Attorney Davit Avagyan added to party Virgin Scent, Inc.(pty:pla), Attorney Davit Avagyan added to party Virgin Scent, Inc.(pty:cd))(Avagyan, Davit) |
| Filing 132 Supplemental NOTICE of Appearance filed by attorney Ryan McCarl on behalf of Plaintiff Virgin Scent, Inc., Counter Defendant Virgin Scent, Inc. (Attachments: #1 Notice of Appearance for Davit Avagyan)(McCarl, Ryan) |
| Filing 131 NOTICE of Appearance filed by attorney Ryan McCarl on behalf of Plaintiff Virgin Scent, Inc., Counter Defendant Virgin Scent, Inc. (Attorney Ryan McCarl added to party Virgin Scent, Inc.(pty:pla), Attorney Ryan McCarl added to party Virgin Scent, Inc.(pty:cd))(McCarl, Ryan) |
| Filing 130 DECLARATION of Aryeh Kaufman, Esq. Pursuant to Court Order (Dkt. No. 127) NOTICE OF MOTION AND MOTION for Partial Summary Judgment #108 filed by Plaintiff Virgin Scent, Inc., Counter Defendant Virgin Scent, Inc.. (Kaufman, Aryeh) |
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Filing 129
ORDER RE JOINT STIPULATION TO CONTINUE PRE-TRIAL DEADLINES by Judge Dolly M. Gee: The Court hereby APPROVES the parties' Joint Stipulation to Continue Pre-Trial Deadlines #126 . Final Pretrial Conference is continued to 8/16/2022 04:00 PM before Judge Dolly M. Gee. Jury Trial is continued to 8/30/2022 08:30 AM before Judge Dolly M. Gee. See document for further details. (gk)
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| Filing 128 TRANSCRIPT ORDER as to Defendants/Counterclaimant Ruben Azrak, BT Supplies West, Inc., Sammy Cohen, Lifeguard Licensing Corp., Steven Odzer for Court Reporter. Court will contact Mayra Delgadillo at mdelgadillo@nixonpeabody.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Scholl Tatevosyan, Irene) |
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Filing 127
ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT AND MOTION FOR JUDGMENT ON THE PLEADINGS by Judge Dolly M. Gee: The Court GRANTS in part and DENIES in part Defendants' Motion for Partial Summary Judgment ("MSJ") #108 . Defendants' MSJ is DENIED as to assignment of the mask agreements; Defendants MSJ is DENIED as to its statute of frauds defense, except that Plaintiff Virgin Scent's claims for masks that were not actually shipped or are not covered by the Purchase Order are barred; Defendants' MSJ is GRANTED as to the breach of contract claim against Steven Odzer; and Defendants' MSJ is GRANTED as to the false promise claim against Defendants BT Supplies West, Inc. ("BT") and Odzer and the conspiracy claim against BT, Odzer, Lifeguard Licensing Corp., Ruben Azrak, and Sammy Cohen. The Court GRANTS Virgin Scent's MSJ #109 as to the number of 3-ply masks actually shipped, but otherwise DENIES Virgin Scent's MSJ. The Court DENIES as moot Defendants' Motion for Judgment on the Pleadings #114 . Virgin Scent shall submit its declaration or declarations authenticating the documents attached to its MSJ and Opposition no later than 7/22/2022. (gk)
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| Filing 126 Joint STIPULATION to Continue PRE-TRIAL DEADLINES from July 19, 2022 to July 26, 2022 filed by Defendants/Counterclaimant Ruben Azrak, BT Supplies West, Inc., Sammy Cohen, Lifeguard Licensing Corp., Steven Odzer. (Attachments: #1 Proposed Order)(Scholl Tatevosyan, Irene) |
| Filing 125 MINUTES OF PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST BT SUPPLIES WEST, INC. #109 ; DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON THE PLEADINGS #114 held before Judge Dolly M. Gee. Following oral argument, the Court advises counsel that the motions shall be taken under submission and a written order will issue. Court Reporter: Phyllis A Preston. (lom) |
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Filing 124
PROTECTIVE ORDER by Magistrate Judge Alka Sagar re Stipulation for Protective Order #121 . (see document for details) (hr)
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Filing 123
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Stipulation for Protective Order #121 , Deficiency in Electronically Filed Documents (G-112A) #122 by Magistrate Judge Alka Sagar. - Parties are directed to e-mail a red-lined version of the proposed Joint Stipulated Protective Order to the Court to highlight all differences between the submitted order and the model order. - Signature line to reflect Magistrate Judge Alka Sagar's name. - Refer to Judge Sagar's Procedures and Schedules. (hr)
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| Filing 122 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Protective Order #121 . The following error(s) was/were found: Parties failed to e-mail a red-lined version of the proposed Joint Stipulated Protective Order to the Court to highlight all differences between the submitted order and the model order. Refer to Judge Sagar's Procedures and Schedules. - Per General Order 05-07, Discovery-related matters shall be noticed to and served courtesy copies to the assigned Magistrate Judge. 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. (hr) |
| Filing 121 Joint STIPULATION for Protective Order filed by Defendants Ruben Azrak, BT Supplies West, Inc., Sammy Cohen, Lifeguard Licensing Corp., Steven Odzer.(Scholl Tatevosyan, Irene) |
| Filing 120 OBJECTION TO PLAINTIFF'S IMPROPER NEW EVIDENCE SUBMITTED CONCURRENTLY WITH ITS REPLY BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGEMENT re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff's Breach of Contract Claims and Defendant BT Supplies West, Inc.'s Counterclaims #109 filed by Defendants Ruben Azrak, BT Supplies West, Inc., Sammy Cohen, Lifeguard Licensing Corp., Steven Odzer, Counter Claimant BT Supplies West, Inc.. (Scholl Tatevosyan, Irene) |
| Filing 119 REPLY TO PLAINTIFF'S OMNIBUS OPPOSITION TO DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGEMENT AND MOTION FOR JUDGEMENT ON THE PLEADINGS filed by Defendants Ruben Azrak, BT Supplies West, Inc., Sammy Cohen, Lifeguard Licensing Corp., Steven Odzer, Counter Claimant BT Supplies West, Inc.. (Attachments: #1 Declaration of Irene Scholl-Tatevosyan ISO Defs Reply, #2 Reply to Pls Response to Statment of Uncontroverted Facts, #3 Evidentiary OBJs to Pls Evidence Offered ISO its OPP to Defs MSJ)(Scholl Tatevosyan, Irene) |
| Filing 118 REPLY Reply in Support of Plaintiff Virgin Scent, Inc.'s Motion for Partial Summary Judgment filed by Plaintiff Virgin Scent, Inc., Counter Defendant Virgin Scent, Inc.. (Attachments: #1 Memorandum Virgin Scent, Inc.'s Evidentiary Objections to the Declarations of Defendants Odzer and Cohen, #2 Memorandum Virgin Scent, Inc's Response to Defendant's Evidentiary Objections, #3 Memorandum Virgin Scent, Inc.'s Opposition to Defendant's Request for Judicial Notice, #4 Memorandum Virgin Scent, Inc.'s Response to Defendant's Genuine Disputes of Material Fact, #5 Declaration Supplemental Declaration of Aryeh Kaufman, Esq. in Support of Virgin Scent, Inc.'s Motion for Partial Summary Judgment and Virgin Scent, Inc.'s Reply Brief, #6 Exhibit 1 to the Supplemental Declaration of Aryeh Kaufman, Esq., Defendant BT Supplies West, Inc.'s Responses to Virgin Scent, Inc.'s First Set of Requests for Admission, #7 Exhibit 2 to the Supplemental Declaration of Aryeh Kaufman, Esq., Defendant BT Supplies West, Inc.'s Amended Responses to Plaintiff's Second Set of Interrogatories, #8 Exhibit 3 to the Supplemental Declaration of Aryeh Kaufman, Esq., "Find Report" Bearing Bates Label BT000648, #9 Exhibit 4 to the Supplemental Declaration of Aryeh Kaufman, Esq., "Find Report" Bearing Bates Label BT000645-46, #10 Exhibit 5 to the Supplemental Declaration of Aryeh Kaufman, Esq., BT Supplies West, Inc.'s Amended Responses to First Set of Requests for Documents and Things, #11 Exhibit 6 to the Supplemental Declaration of Aryeh Kaufman, Esq., Excerpts from the Deposition of BT Supplies West, Inc. and Defendant Tzvi (Steven) Odzer, #12 Exhibit 7 to the Supplemental Declaration of Aryeh Kaufman, Esq., April 28, 2020 Email Between Defendants Steven Odzer, Sammy Cohen, and Ruben Azrak, #13 Declaration Supplemental Declaration of Michael Elefant, #14 Exhibit 1 to the Supplemental Declaration of Michael Elefant, March 24, 2020 Email Between Mr. Elefant and Defendants Odzer and Azrak, #15 Exhibit 2 to the Supplemental Declaration of Michael Elefant, WhatsApp Messages Between Michael Elefant and Defendant Odzer, #16 Exhibit 3 to the Supplemental Declaration of Michael Elefant, March 25, 2020 Email Between Mr. Elefant and Defendant Odzer, #17 Exhibit 4 to the Supplemental Declaration of Michael Elefant, April 13, 2020 Email Between Mr. Elefant and Defendant Odzer, #18 Exhibit 5 to the Supplemental Declaration of Michael Elefant, April 20, 2020 Email Between Mr. Elefant and Defendant Odzer, #19 Exhibit 6 to the Supplemental Declaration of Michael Elefant, April 24, 2020 Email Between Mr. Elefant, Mr. Odzer, and Rhonda Gooding, #20 Exhibit 7 to the Supplemental Declaration of Michael Elefant, Proof of Deliveries, #21 Exhibit 8 to the Supplemental Declaration of Michael Elefant, April 21, 2020 Email Between Mr. Elefant and Defendants Odzer and Cohen, #22 Exhibit 9 to the Supplemental Declaration of Michael Elefant, May 3, 2020 Email Between Mr. Elefant and Defendants Odzer, Cohen, and Azrak, #23 Exhibit 10 to the Supplemental Declaration of Michael Elefant, May 15, 2020 Email Between Mr. Elefant and Defendant Odzer, #24 Exhibit 11 to the Supplemental Declaration of Michael Elefant, May 20, 2020 Email Between Defendant Odzer and Benjamin Beller (Defendants carrier), with a copy to Mr. Elefant)(Kaufman, Aryeh) |
| Filing 117 OPPOSITION re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff's Breach of Contract Claims and Defendant BT Supplies West, Inc.'s Counterclaims #109 filed by Defendants Ruben Azrak, BT Supplies West, Inc., Sammy Cohen, Lifeguard Licensing Corp., Steven Odzer, Counter Claimant BT Supplies West, Inc.. (Attachments: #1 Defs Statement of Genuine Disputes of Material Fact, #2 Defs Evidentiary Objections in OPP of Pls MSJ, #3 Declaration of I Scholl-Tatevosyan with Exhibit 1 of 4, #4 Exhibit 2-4 to Dec of I Scholl-Tatevosyan, #5 Declaration of S Odzer with Exhibits 5-10, #6 Declaration of S Cohen ISO Defs OPP to Pls MSJ, #7 Defs RJN, #8 Proposed Order in OPP of Pls MSJ)(Scholl Tatevosyan, Irene) |
| Filing 116 Opposition re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff's Breach of Contract Claims and Defendant BT Supplies West, Inc.'s Counterclaims #109 , NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Motion for Judgment on the Pleadings #114 Plaintiff Virgin Scent, Inc.'s Omnibus Opposition to Defendants' Motion for Partial Summary Judgment and Untimely Motion for Judgment on the Pleadings filed by Plaintiff Virgin Scent, Inc., Counter Defendant Virgin Scent, Inc.. (Attachments: #1 Plaintiff Virgin Scent, Inc.'s Response to Defendants' Statement of Uncontroverted Facts and Conclusions of Law and Material Facts in Dispute, #2 Exhibit A, May 5, 2020 Email, #3 Exhibit B, Odzer Deposition Transcript Excerpt, #4 Exhibit C, July 3, 2020 Email, #5 Exhibit D, Composite Text Messages, #6 Exhibit E, Lifeguard BT Company, #7 Exhibit F, April 21, 2020 Email, #8 Exhibit G, April 27, 2020 Email)(Kaufman, Aryeh) |
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Filing 115
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court sua sponte continues Defendants' Motion for Summary Judgment on the Pleadings #114 on July 8, 2022 from 9:30 a.m. to 2:00 p.m. (See order for details.) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 114 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Motion for Judgment on the Pleadings filed by Defendants Ruben Azrak, BT Supplies West, Inc., Sammy Cohen, Lifeguard Licensing Corp., Steven Odzer. Motion set for hearing on 7/8/2022 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum Memo ISO Motion for Judgment on the Pleadings, #2 Declaration Dec of I Tatevosyan ISO Motion for Judgment on the Pleadings, #3 Proposed Order Proposed Order ISO Motion for Judgment on the Pleadings) (Scholl Tatevosyan, Irene) |
| Filing 113 MINUTES OF (In Chambers): Order Re Payment of Attorney's Fees and Costs (Dkt. Nos. 64, 68); Telephone Conference held before Magistrate Judge Alka Sagar. Defendants and their former counsel are ordered to pay - no later than 14 days from the date of this Order - $13,145 in reasonable attorney's fees incurred by Virgin Scent, Inc. to file a motion for terminating sanctions. This award is imposed jointly and severally against Defendants and their former counsel. (see document for further details) Court Recorder: XTR 06/09/22. (hr) |
| Filing 112 NOTICE OF ERRATA filed by Plaintiff Virgin Scent, Inc., Counter Defendant Virgin Scent, Inc.. correcting NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff's Breach of Contract Claims and Defendant BT Supplies West, Inc.'s Counterclaims #109 (Attachments: #1 Exhibit 1, Corrected Notice of Motion and Motion for Partial Summary Judgment Against BT Supplies West, Inc., #2 Exhibit 2, Corrected Statement of Uncontroverted Facts and Conclusions of Law in Support of Virgin Scent, Inc.'s Motion for Partial Summary Judgment Against Defendant BT Supplies West, Inc., #3 Exhibit 3, Inadvertently Omitted Exhibit 9, WhatsApp Conversation between Michael Elefant and Steven Odzer)(Kaufman, Aryeh) |
| Filing 111 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff's Breach of Contract Claims and Defendant BT Supplies West, Inc.'s Counterclaims #109 (Attachments: #1 Proposed Order Granting Plaintiff Virgin Scent, Inc.'s Motion for Partial Summary Judgment)(Kaufman, Aryeh) |
| Filing 110 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff's Breach of Contract Claims and Defendant BT Supplies West, Inc.'s Counterclaims #109 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. The filer set this matter for hearing on 7/8/2022 at 2:00 PM, and the title page reflects a hearing date of 7/8/2022 at 2:00 PM, however, page 2 notices the hearing for 7/1/2022 at 9:30 AM. Proposed order not submitted pursuant to Local Rule 52-4.1. 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. (gk) |
| Filing 109 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiff's Breach of Contract Claims and Defendant BT Supplies West, Inc.'s Counterclaims filed by Plaintiff Virgin Scent, Inc.. Motion set for hearing on 7/8/2022 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Plaintiff Virgin Scent, Inc.'s Statement of Uncontroverted Facts and Conclusions of Law, #2 Declaration Declaration of Aryeh Kaufman, Esq., #3 Exhibit 1, Declaration of Michael Elefant, #4 Exhibit 2, Declaration of Akiva Nourollah, #5 Exhibit 3, Declaration of Yosef Nourollah, #6 Exhibit 4, Excerpts from Deposition of Steven Odzer, #7 Exhibit 5, BT0000121, #8 Exhibit 6, Excerpts from Deposition of Sammy Cohen, #9 Exhibit 7, Proof of Deliveries, #10 Exhibit 8, VS Prod 000232-234) (Kaufman, Aryeh) |
| Filing 108 NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by Defendants Ruben Azrak, BT Supplies West, Inc., Sammy Cohen, Lifeguard Licensing Corp., Steven Odzer. Motion set for hearing on 7/8/2022 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Memorandum, #2 Statement of Uncontroverted Facts and Conclusion of Law, #3 Declaration of R. Azrak, #4 Declaration of S. Odzer, #5 Declaration of I. Scholl-Tatevosyan, #6 Request for Judicial Notice, #7 Proposed Order) (Scholl Tatevosyan, Irene) |
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Filing 107
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court has reviewed and considered the parties' Joint Status Report re Settlement #106 . The parties shall complete any further ADR proceedings by July 12, 2022 and shall file a further Joint Status Report re Settlement by July 19, 2022. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 106 Joint STIPULATION for Settlement Report filed by Defendant/Counterclaimant BT Supplies West, Inc..(Scholl Tatevosyan, Irene) |
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Filing 105
ORDER GRANTING REQUEST FOR MORE TIME TO FILE REPLY BRIEF IN SUPPORT OF MOTION FOR TERMINATING SANCTIONS by Magistrate Judge Alka Sagar: granting #101 Request for Extension of Time to File. 1. The current date for Plaintiff to submit additional briefing in the form of a Reply to the Motion for Terminating Sanctions of May 20, 2022 is continued to June 3, 2022. (hr)
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| Filing 104 NOTICE OF LODGING filed by Virgin Scent, Inc. re REQUEST for Extension of Time to File #101 (Attachments: #1 Proposed Order Continue Date for Virgin Scent to File Its Reply Brief In Support of Its Motion for Terminating Sanctions)(Kaufman, Aryeh) |
| Filing 103 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) #102 , Request for Additional Time to File Reply #101 by Magistrate Judge Alka Sagar. - Counsel is directed to file a Notice of Lodging forthwith and attach the proposed order. Submit the proposed order via e-mail to Judge Sagar's Chambers at: AS_Chambers@cacd.uscourts.gov in Word or Word Perfect version with Judge Sagar's name. - The docketing clerk is directed to amend the docket text to reflect the caption of the filing. - You may contact the Help Desk at (213) 894-0242 or ecf-helpdesk@cacd.uscourts.gov for assistance in properly e-filing documents. (hr) |
| Filing 102 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request for Additional Time to File Reply #101 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Incorrect event selected. Correct event to be used is Civil Events -> Motions and Related Filings -> Requests. Proposed document was not submitted as separate attachment. Other error(s) with document(s): - Proposed Order must be a separate attachment. Refer to L.R. 5-4.4.1 - Caption of document does not match docket entry. 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. (hr) |
| Filing 101 REQUEST FOR ADDITIONAL TIME TO FILE ITS REPLY IN SUPPORT OF ITS MOTION FOR TERMINATING SANCTIONS filed by Plaintiff Virgin Scent, Inc., Counter Defendant Virgin Scent, Inc. (Attachments: #1 Declaration of Aryeh Kaufman, Esq. in Support of Plaintiff's Request for More Time to File Reply Brief in Support of Motion for Terminating Sanctions)(Kaufman, Aryeh) Modified on 5/23/2022 (hr). |
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Filing 100
ORDER DENYING DEFENDANTS' EX PARTE APPLICATION TO REOPEN DISCOVERY, CONTINUE TRIAL, AND MOVE TO AMEND THE PLEADINGS #98 by Judge Dolly M. Gee. See document for details. (gk)
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| Filing 99 OPPOSITION Opposition re: EX PARTE APPLICATION to Amend Order,, Set/Reset Deadlines/Hearings, #86 #98 Plaintiff Virgin Scent, Inc.'s Opposition to Defendants' Ex Parte Application to Amend Order, Set/Reset Deadlines/Hearings filed by Plaintiff Virgin Scent, Inc., Counter Defendant Virgin Scent, Inc.. (Attachments: #1 Declaration of Aryeh Kaufman, Esq. in Support of Plaintiff's Opposition to Defendants' Ex Parte Application)(Kaufman, Aryeh) |
| Filing 98 EX PARTE APPLICATION to Amend Order,, Set/Reset Deadlines/Hearings, #86 filed by Defendants BT Supplies West, Inc., Sammy Cohen, Lifeguard Licensing Corp., Steven Odzer. (Attachments: #1 Declaration of M. Mushkin, #2 Declaration of I. Scholl-Tatevosyan, #3 Exhibit A to Scholl-Tatevosyan Declaration, #4 Exhibit B to Scholl-Tatevosyan Declaration, #5 Exhibit C to Scholl-Tatevosyan Declaration, #6 Exhibit D to Scholl-Tatevosyan Declaration, #7 Exhibit E to Scholl-Tatevosyan Declaration, #8 Proposed Order) (Scholl Tatevosyan, Irene) |
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Filing 97
ORDER by Judge Dolly M. Gee Granting Request for Approval of Substitution of Attorney Irene Scholl-Tatevosyan, Nixon Peabody LLP, for Defendant Steven Odzer in place of Attorney Michael Mushkin #81 . (gk)
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Filing 96
ORDER by Judge Dolly M. Gee Granting Request for Approval of Substitution of Attorney Irene Scholl-Tatevosyan, Nixon Peabody LLP, for Defendant Steven Odzer in place of Attorneys Steven T. Gubner and Joseph G. Balice #80 . (gk)
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Filing 95
ORDER by Judge Dolly M. Gee Granting Request for Approval of Substitution of Attorney Irene Scholl-Tatevosyan, Nixon Peabody LLP, for Defendant Lifeguard Licensing Corp. in place of Attorney Michael Mushkin #78 , #79 . (gk)
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Filing 94
ORDER by Judge Dolly M. Gee Granting Request for Approval of Substitution of Attorney Irene Scholl-Tatevosyan, Nixon Peabody LLP, for Defendant Lifeguard Licensing Corp. in place of Attorneys Steven T. Gubner and Joseph G. Balice #77 . (gk)
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Filing 93
ORDER by Judge Dolly M. Gee Granting Request for Approval of Substitution of Attorney Irene Scholl-Tatevosyan, Nixon Peabody LLP, for Defendant Sammy Cohen in place of Attorney Michael Mushkin #76 . (gk) Modified on 5/10/2022 (gk).
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Filing 92
ORDER by Judge Dolly M. Gee Granting Request for Approval of Substitution of Attorney Irene Scholl-Tatevosyan, Nixon Peabody LLP, for Defendant Sammy Cohen in place of Attorneys Steven T. Gubner and Joseph G. Balice #75 . (gk)
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Filing 91
ORDER by Judge Dolly M. Gee Granting Request for Approval of Substitution of Attorney Irene Scholl-Tatevosyan, Nixon Peabody LLP, for Defendant Ruben Azrak in place of Attorney Michael Mushkin #74 . (gk)
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Filing 90
ORDER by Judge Dolly M. Gee Granting Request for Approval of Substitution of Attorney Irene Scholl-Tatevosyan, Nixon Peabody LLP, for Defendant Ruben Azrak in place of Attorneys Steven T. Gubner and Joseph G. Balice #73 . (gk)
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Filing 89
ORDER by Judge Dolly M. Gee Granting Request for Approval of Substitution of Attorney Irene Scholl-Tatevosyan, Nixon Peabody LLP, for Defendant/Counterclaimant BT Supplies West, Inc. in place of Attorney Michael Mushkin #72 . (gk)
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Filing 88
ORDER by Judge Dolly M. Gee Granting Request for Approval of Substitution of Attorney Irene Scholl-Tatevosyan, Nixon Peabody LLP, for Defendant/Counterclaimant BT Supplies West, Inc. in place of Attorneys Steven T. Gubner and Joseph G. Balice #71 . (gk)
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Filing 87
ORDER by Judge Dolly M. Gee: Granting Application of Non-Resident Attorney Daniel Hurteau to Appear Pro Hac Vice on behalf of Defendant BT SuppliesWest, Inc., Lifeguard Licensing Corp., Steven Odzer, Ruben Azrak, and Sammy Cohen, designating Irene Scholl-Tatevosyan as local counsel #82 . (iv)
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Filing 86
ORDER TO CONTINUE TRIAL AND REMAINING PRETRIAL DATES by Judge Dolly M. Gee: Upon Stipulation #69 , IT IS HEREBY ORDERED that the Final Pretrial Conference is continued to 8/9/2022 02:00 PM before Judge Dolly M. Gee. Jury Trial is continued to 8/30/2022 08:30 AM before Judge Dolly M. Gee. See document for further details. (gk)
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Filing 85
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. In light of Plaintiff's Notice of Dismissal dismissing defendants Lori Kaufman and Michael Steinhardt #83 , the Court's April 22, 2022 Order to Show Cause #66 is hereby DISCHARGED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 84 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Daniel J. Hurteau to Appear Pro Hac Vice on behalf of Defendants Ruben Azrak, BT Supplies West, Inc., Sammy Cohen, Lifeguard Licensing Corp., Steven Odzer, Counter Claimant BT Supplies West, Inc. (Pro Hac Vice Fee #82 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) |
| Filing 83 NOTICE OF DISMISSAL filed by Plaintiff Virgin Scent, Inc. pursuant to FRCP 41a(1) Notice of Voluntary Dismissal Pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i) as to Lori Kaufman, Michael Steinhardt. (Kaufman, Aryeh) |
| Filing 82 APPLICATION of Non-Resident Attorney Daniel J. Hurteau to Appear Pro Hac Vice on behalf of Defendants Ruben Azrak, BT Supplies West, Inc., Sammy Cohen, Lifeguard Licensing Corp., Steven Odzer, Counter Claimant BT Supplies West, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33253292) filed by Defendants/Counterclaimant Ruben Azrak, BT Supplies West, Inc., Sammy Cohen, Lifeguard Licensing Corp., Steven Odzer. (Attachments: #1 Proposed Order) (Scholl Tatevosyan, Irene) |
| Filing 81 STIPULATION to Substitute attorney Irene Scholl-Tatevosyan in place of attorney Michael Mushkin filed by Defendant Steven Odzer. (Attachments: #1 Proposed Order)(Scholl Tatevosyan, Irene) |
| Filing 80 STIPULATION to Substitute attorney Irene Scholl-Tatevosyan in place of attorney Steven Gubner and Joseph Balice filed by Defendant Steven Odzer. (Attachments: #1 Proposed Order)(Attorney Irene Scholl Tatevosyan added to party Steven Odzer(pty:dft))(Scholl Tatevosyan, Irene) |
| Filing 79 STIPULATION to Substitute attorney Irene Scholl-Tatevosyan in place of attorney Michael Mushkin filed by Defendant Lifeguard Licensing Corp.. (Attachments: #1 Proposed Order)(Scholl Tatevosyan, Irene) |
| Filing 78 STIPULATION to Substitute attorney Irene Scholl-Tatevosyan in place of attorney Michael Mushkin filed by Defendant Sammy Cohen. (Attachments: #1 Proposed Order)(Scholl Tatevosyan, Irene) |
| Filing 77 STIPULATION to Substitute attorney Irene Scholl-Tatevosyan in place of attorney Steven Gubner and Joseph Balice filed by Defendant Lifeguard Licensing Corp.. (Attachments: #1 Proposed Order)(Attorney Irene Scholl Tatevosyan added to party Lifeguard Licensing Corp.(pty:dft))(Scholl Tatevosyan, Irene) |
| Filing 76 STIPULATION to Substitute attorney Irene Scholl-Tatevosyan in place of attorney Michael Mushkin filed by Defendant Sammy Cohen. (Attachments: #1 Proposed Order)(Scholl Tatevosyan, Irene) |
| Filing 75 STIPULATION to Substitute attorney Irene Scholl-Tatevosyan in place of attorney Steven Gubner and Joseph Balice filed by Defendant Sammy Cohen. (Attachments: #1 Proposed Order)(Attorney Irene Scholl Tatevosyan added to party Sammy Cohen(pty:dft))(Scholl Tatevosyan, Irene) |
| Filing 74 STIPULATION to Substitute attorney Irene Scholl-Tatevosyan in place of attorney Michael Mushkin filed by Defendant Ruben Azrak. (Attachments: #1 Proposed Order)(Scholl Tatevosyan, Irene) |
| Filing 73 STIPULATION to Substitute attorney Irene Scholl-Tatevosyan in place of attorney Steven Gubner and Joseph Balice filed by Defendant Ruben Azrak. (Attachments: #1 Proposed Order)(Attorney Irene Scholl Tatevosyan added to party Ruben Azrak(pty:dft))(Scholl Tatevosyan, Irene) |
| Filing 72 STIPULATION to Substitute attorney Irene Scholl-Tatevosyan in place of attorney Steven Gubner and Joseph Balice filed by Defendant/Counterclaimant BT Supplies West, Inc.. (Attachments: #1 Proposed Order)(Scholl Tatevosyan, Irene) |
| Filing 71 STIPULATION to Substitute attorney Irene Scholl-Tatevosyan in place of attorney Steven Gubner and Joseph Balice filed by Defendant/Counterclaimant BT Supplies West, Inc.. (Attachments: #1 Proposed Order)(Attorney Irene Scholl Tatevosyan added to party BT Supplies West, Inc.(pty:dft), Attorney Irene Scholl Tatevosyan added to party BT Supplies West, Inc.(pty:cc))(Scholl Tatevosyan, Irene) |
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Filing 70
ORDER ON JOINT STIPULATION TO CONTINUE DATE TO SUBMIT FURTHER BRIEFING AND FOR FURTHER HEARING ON PLAINTIFF'S MOTION FOR TERMINATING SANCTIONS by Magistrate Judge Alka Sagar, re Joint Stipulation #67 . 1. The current date for Plaintiff to submit additional briefing in the form of a Reply to the Motion for Terminating Sanctions of April 29, 2022, is continued to May 20, 2022; and 2. The current Further Hearing Date for Plaintiff's Motion for Terminating sanctions of May 6, 2022, is continued to June 9, 2022, at 10:00 a.m. The hearing will be held via teleconference, a call-in number and password will be emailed to the parties. (hr)
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| Filing 69 Joint STIPULATION to Continue Trial and Remaining Dates filed by Plaintiff Virgin Scent, Inc.. (Attachments: #1 Proposed Order on Joint Stipulation to Continue Trial Date and Remaining Dates)(Kaufman, Aryeh) |
| Filing 68 DECLARATION of Aryeh Kaufman, Esq. In Support of Sanctions in the Form of Attorneys' Fees MOTION for Sanctions Federal Rule of Civil Procedure 37(b)(2)(A) MOTION for Terminating Sanctions #55 filed by Plaintiff Virgin Scent, Inc.. (Kaufman, Aryeh) |
| Filing 67 JOINT STIPULATION to MOTION for Sanctions Federal Rule of Civil Procedure 37(b)(2)(A) MOTION for Terminating Sanctions #55 filed by Plaintiff Virgin Scent, Inc., Counter Defendant Virgin Scent, Inc.. (Attachments: #1 Proposed Order on Joint Stipulation to Continue)(Kaufman, Aryeh) |
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Filing 66
MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY PLAINTIFF'S CLAIMS AGAINST DEFENDANTS LORI KAUFMAN AND MICHAEL STEINHARDT SHOULD NOT BE DISMISSED by Judge Dolly M. Gee: Plaintiff has not filed proofs of service for Kaufman and Steinhardt and the time to do so has long passed. Plaintiff is therefore ORDERED to show cause why Plaintiff's claims against Kaufman and Steinhardt should not be dismissed without prejudice. Plaintiff shall file a response by no later than 5/6/2022. Failure to file a timely and satisfactory response will result in the dismissal of Plaintiff's claims against Kaufman and Steinhardt, without prejudice. Court Reporter: Not Reported. (gk)
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Filing 65
ORDER TO CONTINUE DISCOVERY CUTOFF DATE by Judge Dolly M. Gee: Upon Stipulation #62 , the Final Pretrial Conference is continued to 6/28/2022 02:00 PM before Judge Dolly M. Gee. Jury Trial is continued to 7/12/2022 08:30 AM before Judge Dolly M. Gee. See document for further details. (gk)
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| Filing 64 MINUTES OF (In Chambers): Order Denying Motion for Terminating Sanctions: denying #55 Motion for Terminating Sanctions; Motion Hearing held before Magistrate Judge Alka Sagar. Plaintiff's motion for terminating sanctions is DENIED without prejudice to refiling such motion should Defendant fail to produce responses to outstanding discovery requests. Plaintiff is entitled to fees and costs incurred in making the motion for terminating sanctions and the Court grants the motion for such monetary sanctions. Counsel shall submit a declaration setting forth the fees and costs incurred in filing the motion for terminating sanctions no later than April 29, 2022. Defendant may also submit a supplement to the opposition it filed on March 31, 2022, no later than April 29, 2022. The Court sets this matter for further hearing on May 6, 2022, at 9:00 a.m. (see document for further details) Court Recorder: CS 04/14/22. (hr) |
| Filing 63 MEDIATION REPORT Filed by Mediator (ADR Panel) Robert Mockler: Mediation held on February 25, 2022. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Mockler, Robert) |
| Filing 62 Joint STIPULATION to Continue Trial and Certain Remaining Dates filed by Plaintiff Virgin Scent, Inc.. (Attachments: #1 Proposed Order on Joint Stipulation to Continue Trial Date and Remaining Dates)(Kaufman, Aryeh) |
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Filing 61
ORDER TO CONTINUE DISCOVERY CUTOFF DATE by Judge Dolly M. Gee: Upon Stipulation #59 , IT IS HEREBY ORDERED that the Non-Expert Discovery Cutoff is continued to 4/15/2022. All other remaining dates and deadlines remain the same. (gk)
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Filing 60
SCHEDULING NOTICE AND ORDER by Magistrate Judge Alka Sagar. COUNSEL OF RECORD ARE HEREBY NOTIFIED, on the Court's own motion, the hearing on the MOTION for Sanctions Federal Rule of Civil Procedure 37(b)(2)(A) MOTION for Terminating Sanctions #55 previously scheduled for April 14, 2022 at 10:00 a.m. has been moved to 11:00 a.m. The matter will be heard via telephone and a call-in number and password will be emailed to the parties. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY
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| Filing 59 Joint STIPULATION to Continue Discovery Cutoff from April 5, 2022 to April 15, 2022 filed by Plaintiff Virgin Scent, Inc.. (Attachments: #1 Proposed Order Granting Stipulation)(Kaufman, Aryeh) |
| Filing 58 OPPOSITION to MOTION for Sanctions Federal Rule of Civil Procedure 37(b)(2)(A) MOTION for Terminating Sanctions #55 filed by Defendant BT Supplies West, Inc.. (Balice, Joseph) |
| Filing 57 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Terminating Sanctions #55 . The following error(s) was/were found: - Hearing date on pleading does not match the docket entry. -Correct hearing date is April 14, 2022 at 10:00 a.m. You need not take any action in response to this notice unless and until the Court directs you to do so. (hr) |
| Filing 56 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Terminating Sanctions #55 . The following error(s) was/were found: Proposed document was not submitted as separate attachment; Proposed Order must be a separate attachment. Refer to L.R. 5-4.4.1. You need not take any action in response to this notice unless and until the Court directs you to do so. (hr) |
| Filing 55 NOTICE OF MOTION AND MOTION for Sanctions Federal Rule of Civil Procedure 37(b)(2)(A) MOTION for Terminating Sanctions filed by Plaintiff Virgin Scent, Inc.. Motion set for hearing on 4/14/2022 at 10:00 AM before Magistrate Judge Alka Sagar. (Attachments: #1 Declaration of Michael Elefant in Support of Virgin Scent's Motion for Terminating Sanctions, #2 Declaration of Aryeh Kaufman, Esq. in Support of Virgin Scent's Motion for Terminating Sanctions, #3 Exhibit A - Defendant BT Supplies West, Inc.'s Answers to Plaintiff's First Sets of Interrogatories and Requests for Production of Documents, #4 Exhibit B - Virgin Scent's Second Sets of Interrogatories and Requests for Production of Documents to BT Supplies West, Inc., #5 Exhibit C - Defendant BT Supplies West, Inc.'s First Amended Answers to Plaintiff's First Sets of Interrogatories and Requests for Production of Documents, #6 Exhibit D - Defendants Steven Odzer, Ruben Azrak, Sammy Cohen, and Lifeguard Licensing Corp.'s Answers to Plaintiff's First Set of Interrogatories, #7 Exhibit E - Virgin Scent's First Set of Requests for Production to Defendants Steven Odzer, Ruben Azrak, Sammy Cohen, and Lifeguard Licensing Corp.)(Kaufman, Aryeh) |
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Filing 54
ORDER TO CONTINUE TRIAL AND REMAINING DATES by Judge Dolly M. Gee: The Courthereby approves the parties' Stipulation #53 . Final Pretrial Conference set for 5/31/2022 02:00 PM before Judge Dolly M. Gee. Jury Trial set for 6/28/2022 08:30 AM before Judge Dolly M. Gee. In the future, the parties shall avoid submitting requests for continuance or extension of time less than five court days prior to the expiration of the scheduled date. See Initial Standing Order at 11 (Doc. No. 8); Judge Gee's Procedures and Schedules at paragraph 7, United States District Court, Central District of California website. Any future violations of court orders shall result in the summary denial of the requested relief. (gk)
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| Filing 53 Second STIPULATION to Continue Trial and Remaining Dates filed by Plaintiff Virgin Scent, Inc.. (Attachments: #1 Proposed Order)(Kaufman, Aryeh) |
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Filing 52
ORDER RE STIPULATION TO CONTINUE TRIAL AND REMAINING DATES #51 by Judge Dolly M. Gee. The Parties' proposed dates and deadlines do not conform with the time computations typically required by this Court. Therefore, the Stipulation is not approved. (lom)
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| Filing 51 Joint STIPULATION to Continue Trial and Remaining Dates filed by Plaintiff Virgin Scent, Inc.. (Attachments: #1 Proposed Order to Continue Trial Date and Remaining Dates)(Kaufman, Aryeh) |
| Filing 50 NOTICE of Change of Attorney Business or Contact Information: for attorney Steven T Gubner counsel for Defendant BT Supplies West, Inc., Counter Claimant BT Supplies West, Inc.. Changing Firm Name to BG LAW LLP. Filed by Defendant BT Supplies West, Inc., Counter Claimant BT Supplies West, Inc.. (Gubner, Steven) |
| Filing 49 NOTICE of Change of Attorney Business or Contact Information: for attorney Joseph G Balice counsel for Defendant BT Supplies West, Inc., Counter Claimant BT Supplies West, Inc.. Changing Firm Name to BG LAW LLP. Filed by Defendant BT Supplies West, Inc., Counter Claimant BT Supplies West, Inc.. (Balice, Joseph) |
| Filing 48 FOR COURT USE ONLY: STATISTICAL CORRECTION granting #32 Motion to Compel re: #47 MINUTES OF Order Re Informal Discovery Conference. (hr) |
| Filing 47 MINUTES OF Order Re Informal Discovery Conference settling #45 Motion Re: Informal Discovery Dispute; Telephone Conference held before Magistrate Judge Alka Sagar. After hearing from the parties, the Court issued the following order: Defendant shall comply with the Court's October 28, 2021 Order and produce complete responses, without objection, to outstanding discovery requests no later than January 19, 2022. Plaintiff may, if Defendant fails to comply with this Order, file a motion for evidentiary, preclusion and/or terminating sanctions. (see document for further details) Court Recorder: CS 01/11/22. (hr) |
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Filing 46
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Alka Sagar. At the parties' request, the previously scheduled hearing on the MOTION RE: INFORMAL DISCOVERY DISPUTE #45 set for January 11, 2022 at 9:00 a.m. has been rescheduled to January 11, 2022 at 3:00 p.m. A call-in number and password will be emailed to the parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY
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| Filing 45 MOTION RE: INFORMAL DISCOVERY DISPUTE. The parties have requested an informal discovery conference with Magistrate Judge Alka Sagar. A telephone conference is set is set for Tuesday, January 11, 2022 at 9:00 a.m. (hr) |
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Filing 44
ORDER TO CONTINUE NON-EXPERT DISCOVERY CUTOFF DATE AND ASSOCIATED DATES by Judge Dolly M. Gee: The Court hereby APPROVES the parties' Stipulation to Continue the Non-Expert Discovery Cutoff #43 . An amended schedule is attached. (gk)
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| Filing 43 Joint STIPULATION to Continue Non-Expert Discovery Cutoff Date from January 4, 2022 to February 22, 2022 filed by Plaintiff Virgin Scent, Inc.. (Attachments: #1 Proposed Order Granting Stipulation to Continue the Non-Expert Discovery Cutoff)(Kaufman, Aryeh) |
| Filing 42 MINUTES OF (In Chambers): Order Re Informal Discovery Conference settling #41 Motion Re: Informal Discovery Dispute; Motion Hearing held before Magistrate Judge Alka Sagar. Plaintiff's request for an order requiring Defendant to provide further responses to discovery, without objection, is GRANTED. Defendant shall provide supplemental and verified responses to interrogatories and produce documents responsive to Plaintiff's request for production of documents, without objection, including the production of records in native format, no later than ten (10) days from the date of this Order. (see document for further details) Court Recorder: CS 10/28/21. (hr) |
| Filing 41 MOTION RE: INFORMAL DISCOVERY DISPUTE. The parties have requested an informal discovery conference with Magistrate Judge Alka Sagar. A telephone conference is set is set for October 28, 2021 at 11:00 a.m. The call-in number and password will be e-mailed to the parties. (hr) |
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Filing 40
AMENDED ORDER RE JOINT STIPULATION TO CONTINUE TRIAL DATE AND ASSOCIATED DATES #39 by Judge Dolly M. Gee: Upon Stipulation #38 , IT IS HEREBY ORDERED that the Final Pretrial Conference is continued to 4/12/2022 02:00 PM before Judge Dolly M. Gee. Jury Trial is continued to 5/10/2022 08:30 AM before Judge Dolly M. Gee. See document for further details. (gk)
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Filing 39
ORDER TO CONTINUE TRIAL DATE AND ASSOCIATED DATES by Judge Dolly M. Gee: Upon Stipulation #38 , IT IS HEREBY ORDERED that the Final Pretrial Conference is continued to 4/12/2022 02:00 PM before Judge Dolly M. Gee. Jury Trial is continued to 5/10/2022 08:30 AM before Judge Dolly M. Gee. See document for further details. (gk)
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| Filing 38 Joint STIPULATION to Continue Trial and Associated Dates from February 22, 2022 to May 10, 2022 filed by Plaintiff Virgin Scent, Inc.. (Attachments: #1 Proposed Order to Continue Trial Date and Associated Dates)(Kaufman, Aryeh) |
| Filing 37 RESPONSE filed by Plaintiff Virgin Scent, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,,,,, #31 DECLARATION OF ARYEH KAUFMAN, ESQ. IN RESPONSE TO THE COURTS REQUEST FOR A FURTHER STATUS REPORT ON SERVICE OF THE SUMMONS AND COMPLAINT ON MICHAEL STEINHARDT AND LORI KAUFMAN (Kaufman, Aryeh) |
| Filing 36 MINUTES OF (In Chambers): Order Continuing Plaintiff's Motion to Compel Responses to Discovery Requests (Dkt. No. #32 ) held before Magistrate Judge Alka Sagar. A telephonic hearing on the parties' joint stipulation regarding Plaintiff's motion to compel responses to discovery requests, (Dkt. No. 32), was held on September 2, 2021. At the parties' request, the Court continued the hearing to permit the parties to continue their efforts to resolve disputed issues regarding discovery production. If necessary, counsel are directed to meet and confer regarding a hearing date for the motion and submit supplemental briefing regarding any unresolved discovery disputes no later than five days prior to the continued hearing date. (see document for further details) Court Recorder: AT&T 09/02/21. (hr) |
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Filing 35
SCHEDULING NOTICE AND ORDER by Magistrate Judge Alka Sagar. COUNSEL OF RECORD ARE HEREBY NOTIFIED, on the Court's own motion, the hearing on the MOTION to Compel Responses to Requests for Production of Documents and Interrogatories (Docket No. #32 ) previously scheduled for September 2, 2021 at 10:00 a.m. has been rescheduled to September 2, 2021 at 2:00 p.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY
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Filing 34
SCHEDULING NOTICE AND ORDER by Magistrate Judge Alka Sagar. COUNSEL OF RECORD ARE HEREBY NOTIFIED, on the Court's own motion, the hearing on the MOTION to Compel Responses to Requests for Production of Documents and Interrogatories (Docket No. #32 ) previously scheduled for August 31, 2021 at 10:00 a.m. has been rescheduled to September 2, 2021 at 10:00 a.m. Pursuant to the Notice from the Clerk issued on June 11, 2021, (available at http://www.cacd.uscourts.gov /news/normal-operations ), the hearing will take place by teleconference. The call-in number and password will be e-mailed to the parties. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY
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| Filing 33 ANSWER to Answer to Complaint (Discovery),,, Counterclaim,, #25 Plaintiff and Counterdefendant Virgin Scent, Inc.'s Answer to Defendant and Counterclaimant BT Supplies West, Inc.'s Counterclaim filed by Plaintiff Virgin Scent, Inc..(Kaufman, Aryeh) |
| Filing 32 NOTICE OF MOTION AND MOTION to Compel Responses to Requests for Production of Documents and Interrogatories filed by Plaintiff Virgin Scent, Inc.. Motion set for hearing on 8/31/2021 at 10:00 AM before Magistrate Judge Alka Sagar. (Attachments: #1 Declaration of Aryeh Kaufman, Esq. in Support of Joint Stipulation to Compel Responses and for Attorneys' Fees in the Amount of $10,800, #2 Declaration of Michael R. Mushkin in support of Joint Stipulation Regarding Plaintiffs Motion to Compel Responses to Discovery, #3 Proposed Order on Motion to Compel)(Kaufman, Aryeh) |
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Filing 31
MINUTES OF IN CHAMBERS - ORDER RE SERVICE AND MOTION TO COMPEL DEADLINE by Judge Dolly M. Gee: On 5/7/2021, the Court discharged the 4/23/2021 Order to Show Cause and granted Plaintiff until 6/30/2021 to serve Defendants Steinhardt and Kaufman or file a status report 24 . On 6/30/2021, Plaintiff's counsel filed a status report indicating that Plaintiff had not yet served Defendants Steinhardt and Kaufman, because Plaintiff cannot obtain addresses for them #30 . In the status report, Plaintiff's counsel explained that on 4/22/2021, Plaintiff served discovery requests on Defendant BT Supplies West ("BT") "that should reveal the location of both unserved defendants[,]" but that BT has not responded to the discovery requests, despite Plaintiff having granted BT two requested extensions. Plaintiff further states that it intends to file a motion to compel "as soon as possible." In light of the foregoing, the Court ORDERS Plaintiff to file a motion to compel by no later than 7/19/2021. The Court GRANTS Plaintiff additional time to effectuate service of process as to Defendants Michael Steinhardt and Lori Kaufman. If proofs of service have not been filed by 9/20/2021, Plaintiff shall file a further status report by that date. Court Reporter: Not Reported. (gk)
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| Filing 30 RESPONSE filed by Plaintiff Virgin Scent, Inc.to Text Only Scheduling Notice,, 24 DECLARATION OF ARYEH KAUFMAN, ESQ. IN RESPONSE TO THE COURTS REQUEST FOR A FURTHER STATUS REPORT ON SERVICE OF THE SUMMONS AND COMPLAINT ON MICHAEL STEINHARDT AND LORI KAUFMAN (Kaufman, Aryeh) |
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Filing 29
MINUTES OF IN CHAMBERS - ORDER DISCHARGING ORDER TO SHOW CAUSE AND GRANTING LEAVE TO FILE BT SUPPLIES WEST, INC.'S COUNTERCLAIM by Judge Dolly M. Gee: On 5/26/2021, the Court ordered Defendant BT Supplies West, Inc. to show cause why its Counterclaim, which was not filed with its Answer, should not be stricken for failure to satisfy Federal Rules of Civil Procedure 13 and 15 #27 . The Court GRANTS leave to amend, as requiring the parties to brief the propriety of the amendment in a noticed motion would be inefficient. The Court DISCHARGES the Order to Show Cause. Plaintiff shall respond to the Counterclaim within 21 days after filing and service. See document for further details. Court Reporter: Not Reported. (gk)
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| Filing 28 RESPONSE filed by Defendant BT Supplies West, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,,,,, Order to Show Cause,,,, #27 (Rothberg, Joseph) |
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Filing 27
MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY BT SUPPLIES WEST, INC.'S COUNTERCLAIM SHOULD NOT BE STRICKEN by Judge Dolly M. Gee: On 5/18/2021, Defendants Lifeguard Licensing Corp., Steven Odzer, Rubin Azrak, and Sammy Cohen filed their Answer to Plaintiff Virgin Scent, Inc. dba Art Naturals' Complaint, along with Defendant BT Supplies West, Inc.'s Counterclaim against Art Naturals #25 . But BT Supplies West had already filed its Answer months earlier, on 1/15/2021 #10 . Amending a pleading to assert a counterclaim requires leave of court under Rule 15, which was not sought or granted prior to the filing of the Counterclaim. BT Supplies West is ORDERED TO SHOW CAUSE why its Counterclaim should not be stricken for failure to satisfy Rules 13 and 15. BT Supplies West shall file a written response to this Order no later than 6/4/2021. The failure to provide a timely and satisfactory response will result in the Court striking the Counterclaim. Court Reporter: Not Reported. (gk)
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| Filing 26 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery),,, Counterclaim,, #25 . The following error(s) was/were found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. BT Supplies West, Inc.'s Counterclaim is stated in this Answer by four other defendants. BT Supplies West, Inc.'s Answer was filed on 1/15/2021. Its Counterclaim should have been submitted concurrently with its 1/15/2021 Answer. 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. (gk) |
| Filing 25 ANSWER to Complaint - (Discovery), and Counterclaimant BT Supplies West, Inc.'s, COUNTERCLAIM against Virgin Scent, Inc. filed by Defendants Sammy Cohen, Steven Odzer, Ruben Azrak, BT Supplies West, Inc., Lifeguard Licensing Corp..(Attorney Joseph G Balice added to party Ruben Azrak(pty:dft), Attorney Joseph G Balice added to party Sammy Cohen(pty:dft), Attorney Joseph G Balice added to party Lifeguard Licensing Corp.(pty:dft), Attorney Joseph G Balice added to party Steven Odzer(pty:dft))(Balice, Joseph) |
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Filing 24
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court has reviewed Plaintiff's response to the Order to Show Cause ("OSC") re Dismissal for Failure to Prosecute #22 . The Court grants Plaintiff additional time to effectuate service of process as to Defendants Michael Steinhard and Lori Kaufman. If proof of service has not been filed by June 30, 2021, Plaintiff shall file a further status report by that date. The OSC is DISCHARGED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 23 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Robert Mockler has been assigned to serve as Panel Mediator. (lst) |
| Filing 22 RESPONSE filed by Plaintiff Virgin Scent, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #17 DECLARATION OF ARYEH KAUFMAN, ESQ. IN RESPONSE TO ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION (Kaufman, Aryeh) |
| Filing 21 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Virgin Scent, Inc., upon Defendant Lifeguard Licensing Corp. acknowledgment sent by Plaintiff on 4/29/2021, answer due 5/20/2021. Acknowledgment of Service signed by Michael Mushkin, Attorney. (Kaufman, Aryeh) |
| Filing 20 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Virgin Scent, Inc., upon Defendant Steven Odzer acknowledgment sent by Plaintiff on 1/29/2021, answer due 2/19/2021. Acknowledgment of Service signed by Michael Mushkin, Attorney. (Kaufman, Aryeh) |
| Filing 19 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Virgin Scent, Inc., upon Defendant Sammy Cohen acknowledgment sent by Plaintiff on 1/29/2021, answer due 2/19/2021. Acknowledgment of Service signed by Michael Mushkin, Attorney. (Kaufman, Aryeh) |
| Filing 18 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Virgin Scent, Inc., upon Defendant Ruben Azrak acknowledgment sent by Plaintiff on 1/29/2021, answer due 2/19/2021. Acknowledgment of Service signed by Michael Mushkin, Attorney. (Kaufman, Aryeh) |
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Filing 17
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee. The Court, on its own motion, orders plaintiff(s) to show cause in writing on or before April 30, 2021 why this action should not be dismissed as to defendants Steven Odzer, Lifeguard Licensing Corp., Michael Steinhardt, Sammy Cohen, Lori Kaufman, and Ruben Azrak for lack of prosecution. (iv)
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Filing 16
ORDER/REFERRAL to ADR Procedure No 2 by Judge Dolly M. Gee. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 12/13/2021. Joint status report re settlement due by 12/20/2021. (gk)
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Filing 15
SCHEDULING AND CASE MANAGEMENT ORDER FOR JURY TRIAL by Judge Dolly M. Gee. Final Pretrial Conference set for 1/25/2022 02:00 PM before Judge Dolly M. Gee. Jury Trial set for 2/22/2022 08:30 AM before Judge Dolly M. Gee. See document for further details. (Attachments: #1 Schedule of Pretrial and Trial Dates) (gk)
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Filing 14
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court sua sponte VACATES the Scheduling Conference set on February 26, 2021. A Scheduling and Case Management Order to issue. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 13 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff Virgin Scent, Inc... (Kaufman, Aryeh) |
| Filing 12 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 2/12/2021. Scheduling Conference set for 2/26/2021 at 09:30 a.m. (See order for details.) (kti) |
| Filing 10 ANSWER to Complaint - (Discovery), with JURY DEMAND filed by Defendant BT Supplies West, Inc..(Balice, Joseph) |
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Filing 11
ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Michael R. Mushkin to Appear Pro Hac Vice on behalf of Defendant BT Supplies West, Inc., designating Joseph G. Balice as local counsel #9 . (gk)
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| Filing 9 APPLICATION of Non-Resident Attorney Michael R. Mushkin to Appear Pro Hac Vice on behalf of Defendant BT Supplies West, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30022785) filed by Defendant BT Supplies West, Inc.. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear In a Specific Case Pro Hac Vice) (Balice, Joseph) |
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Filing 8
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael Mushkin. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Alka Sagar. (esa) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant BT Supplies West, Inc. (Balice, Joseph) |
| Filing 3 NOTICE of Interested Parties filed by Defendant BT Supplies West, Inc., identifying Virgin Scent, Inc. dba Art Naturals, A California Corporation; BT Supplies West, Inc., A Nevada Corporation; Steven Odzer, an individual; Lifeguard Licensing Corp, A Delaware Corporation; Rubin Azrak, an individual; Michael Steinhardt, an individual; Sammy Cohen, an individual; and Lori Kaufman, an individual. (Balice, Joseph) |
| Filing 2 CIVIL COVER SHEET filed by Defendant BT Supplies West, Inc., a Nevada corporation. (Balice, Joseph) |
| Filing 1 NOTICE OF REMOVAL from California, case number 20STCV44808 Receipt No: ACACDC-29945214 - Fee: $402, filed by Defendant BT Supplies West, Inc., a Nevada corporation. (Attachments: #1 Superior Court Complaint, #2 Summons issued in Superior Court, #3 Civil Cover Sheet Addendum and Statement of Location in Superior Court, #4 Notice of Case Assignment, First Amended General Order in Superior Court, Voluntary Efficient Litigation Stipulations in Superior Court) (Attorney Joseph G Balice added to party BT Supplies West, Inc., a Nevada corporation(pty:dft))(Balice, Joseph) |
| CONFORMED COPY OF COMPLAINT against defendants Ruben Azrak, BT Supplies West, Inc., Sammy Cohen, Does, Lori Kaufman, Lifeguard Licensing Corp., Steven Odzer, Michael Steinhardt, Jury Demanded, filed by plaintiff Virgin Scent, Inc. (filed in state court 11/23/20, submitted as document 1, attachment 1) (esa) |
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