John Konop v. El-Batrawi et al
| John Konop |
| Douglas M. Mox, Ramy El-Batrawi, kevin pickard, YayYo, Inc., Stephen M. Sanchez, John P. O'Neill, Jeffrey J. Guzy, JONATHAN ROSEN, Harbant S. Sidhu, PAUL RICHTER and CHRISTOPHER MIGLINO |
| 2:2021cv00998 |
| February 3, 2021 |
| US District Court for the Central District of California |
| Alexander F MacKinnon |
| Alicia G Rosenberg |
| James V Selna |
| Stephen V Wilson |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 19, 2022. A more recent docket listing may be available from PACER.
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Filing 33
MINUTES ORDER GRANTING MOTION TO DISMISS #25 by Judge Stephen V. Wilson. Based off the allegations in the complaint, a majority of the Demand Board was not incapable of considering a demand. The Court therefore does not reach Defendants' 12(b)(6) motion. For the reasons articulated above, the Court GRANTS Defendant's motion to dismiss under Rule 23.1.; granting #25 MOTION to Dismiss. (See document for further details). (MD JS-6. Case Terminated) (aco)
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| Filing 32 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Complaint Pursuant to FRCP 12(b)(6) &23.1 #25 (Supplemental) filed by Plaintiff John Konop. (Moest, Robert) |
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Filing 31
IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson: The Court views Defendants motion, Dkt. #25, as alleging that the Plaintiff has failed to state a claim under Federal Rule of Civil Procedure Rule 12(b)(6) in addition to Rule 23.1. The Court agrees with the Plaintiff that the Defendants motion, though captioned as a 12(b)(6) motion, only substantively addressed the Rule 23.1 demand futility allegation, and that this is improper. The Court will allow the Plaintiff 10 days from the issuance of this order to file a substantive response to Defendants 12(b)(6) motion to dismiss. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 30
MINUTES OF IN CHAMBERS - ORDER LIFTING STAY by Judge Stephen V. Wilson: The stay is lifted. The case is restored to the active calendar. (Case reopened. MD JS-5.) Court Reporter: N/A. (gk)
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Filing 29
SCHEDULING NOTICE - IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson re: #25 MOTION to Dismiss Complaint Pursuant to FRCP 12(b)(6) &23.1 filed by Defendant - The motion is submitted. Order to issue. The hearing previously scheduled for April 18, 2022 at 1:30 PM is vacated and off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pk) TEXT ONLY ENTRY
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| Filing 28 REPLY to Opposition to motion to dismiss complaint filed by Defendant YayYo, Inc.. (Newhouse, George) |
| Filing 27 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Complaint Pursuant to FRCP 12(b)(6) &23.1 #25 filed by Plaintiff John Konop. (Moest, Robert) |
| Filing 26 STIPULATION for Order Setting Briefing Schedule for Motion to Dismiss filed by plaintiff John Konop. (Attachments: #1 Proposed Order)(Moest, Robert) |
| Filing 25 NOTICE OF MOTION AND MOTION to Dismiss Complaint Pursuant to FRCP 12(b)(6) &23.1 filed by Defendant Ramy El-Batrawi, JONATHAN ROSEN, kevin pickard, Jeffrey J. Guzy, YayYo, Inc.. Motion set for hearing on 4/18/2022 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration In Support of Motion to dismiss, #2 Exhibit Exhibit A to Newhouse Decl, #3 Exhibit Exhibit B to Newhouse Decl, #4 Exhibit Exhibit C to Newhouse Decl, #5 Exhibit Exhibit D to Newhouse Decl., #6 Exhibit Exhibit E to Newhouse Decl., #7 Supplement Request for Judicial Notice, #8 Proposed Order Proposed Order Granting MTD) (Attorney George B Newhouse, Jr added to party Ramy El-Batrawi(pty:bkmov), Attorney George B Newhouse, Jr added to party JONATHAN ROSEN(pty:bkmov), Attorney George B Newhouse, Jr added to party kevin pickard(pty:bkmov), Attorney George B Newhouse, Jr added to party Jeffrey J. Guzy(pty:bkmov), Attorney George B Newhouse, Jr added to party YayYo, Inc.(pty:bkmov)) (Newhouse, George) |
| Filing 24 NOTICE of Lifting of Stay filed by plaintiff John Konop. (Attachments: #1 Proposed Order Lifting Stay and Directing a Response to Complaint)(Moest, Robert) |
| Filing 23 SEALED - ORDER STAYING ACTION PENDING EARLY MEDIATION (bm) |
| Filing 22 SEALED - STIPULATION REGARDING STAY OF ACTION PENDING EARLY MEDIATION (bm) |
| Filing 21 SEALED - ORDER AUTHORIZING FILING UNDER SEAL OF STIPULATION REGARDING STAY OF ACTION PENDING EARLY MEDIATION AND [PROPOSED] ORDER STAYING ACTION PENDING EARLY MEDIATION (bm) |
| Filing 20 SEALED - EX PARTE APPLICATION FOR AN ORDER AUTHORIZING FILING UNDER SEAL OF STIPULATION REGARDING STAY OF ACTION PENDING EARLY MEDIATION; [PROPOSED] ORDER STAYING ACTION PENDING EARLY MEDIATION; DECLARATION OF GEORGE B. NEWHOUSE, JR. (bm) |
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Filing 19
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge Stephen V. Wilson. The Court, on its own motion, hereby orders plaintiff(s) to show cause in writing no later than February 26, 2021 why this action should not be dismissed as to all remaining defendants for lack of prosecution. (iv)
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Filing 18
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney George B Newhouse, Jr counsel for Defendants Ramy El-Batrawi, Jeffrey J. Guzy, John P. O'Neill, PAUL RICHTER, Stephen M. Sanchez, Harbant S. Sidhu, YayYo, Inc., kevin pickard. Adding George B. Newhouse, Jr. as counsel of record for Ramy El-Batrawi, Kevin Pickard, Jeffrey J. Guzy, John P. O'Neil, Paul Richter, Stephen M. Sanchez, Harbant S. Sidhu, and YayYo, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Ramy El-Batrawi, Kevin Pickard, Jeffrey J. Guzy, John P. O'Neil, Paul Richter, Stephen M. Sanchez, Harbant S. Sidhu, and YayYo, Inc.. (Attorney George B Newhouse, Jr added to party Ramy El-Batrawi(pty:dft), Attorney George B Newhouse, Jr added to party Jeffrey J. Guzy(pty:dft), Attorney George B Newhouse, Jr added to party John P. O'Neill(pty:dft), Attorney George B Newhouse, Jr added to party PAUL RICHTER(pty:dft), Attorney George B Newhouse, Jr added to party Stephen M. Sanchez(pty:dft), Attorney George B Newhouse, Jr added to party Harbant S. Sidhu(pty:dft), Attorney George B Newhouse, Jr added to party YayYo, Inc.(pty:dft), Attorney George B Newhouse, Jr added to party kevin pickard(pty:dft))(Newhouse, George) |
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Filing 16
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:20-cv-08235 SVW(AFMx). Case transferred from Magistrate Judge Alicia G. Rosenberg and Judge James V. Selna to Judge Stephen V. Wilson and Magistrate Judge Alexander F. MacKinnon for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-00998 SVW(AFMx). Signed by Judge Stephen V. Wilson (rn)
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| Filing 15 Notice of Appearance or Withdrawal of Counsel: for attorney Robert C Moest counsel for Plaintiff John Konop. Adding Robert C. Moest as counsel of record for John Konop for the reason indicated in the G-123 Notice. Filed by plaintiff John Konop. (Attorney Robert C Moest added to party John Konop(pty:pla))(Moest, Robert) |
| Filing 14 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 13 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney John G Harris. 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. (esa) |
| Filing 12 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael J Farnan. 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. (esa) |
| Filing 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Brian E. Farnan. 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. (esa) |
| Filing 10 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:20-cv-01379 MN, from District of Delaware. The above-referenced case has been transferred to this district and assigned the above civil case number 2:21-cv-00998 JVS (AGRx). (esa) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Alicia G. Rosenberg. (esa) |
| Filing 7 ORIGINAL file, certified copy of transfer order and docket sheet received from Delaware |
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Filing 6
SO ORDERED re #5 Stipulation and Order to Transfer Action to the Central District of California. Signed by Judge Maryellen Noreika on 2/2/2021. (dlw) [Transferred from Delaware on 2/3/2021.]
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| Filing 5 STIPULATION and [Proposed] Order to Transfer Action to the Central District of California by John Konop. (Farnan, Brian) [Transferred from Delaware on 2/3/2021.] |
| Case electronically transferred to the United States District Court for the Central District of California. (dlw) [Transferred from Delaware on 2/3/2021.] |
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Filing 4
SO ORDERED - re #3 STIPULATION and [Proposed] Order Extending Response Deadline to the Complaint to February 1, 2021 filed by Stephen M. Sanchez, Harbant S. Sidhu, Paul Richter, Douglas M. Mox, John P. O'Neill, Kevin Pickard, Jeffrey J. Guzy, Set/Reset Answer Deadlines: Ramy El-Batrawi answer due 2/1/2021; Jeffrey J. Guzy answer due 2/1/2021; Douglas M. Mox answer due 2/1/2021; John P. O'Neill answer due 2/1/2021; Kevin Pickard answer due 2/1/2021; Paul Richter answer due 2/1/2021; Stephen M. Sanchez answer due 2/1/2021; Harbant S. Sidhu answer due 2/1/2021; YayYo, Inc. answer due 2/1/2021.. ORDERED by Judge Maryellen Noreika on 12/16/2020. (mdb) [Transferred from Delaware on 2/3/2021.]
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| Filing 3 STIPULATION and [Proposed] Order Extending Response Deadline to the Complaint to February 1, 2021 - filed by Jeffrey J. Guzy, Douglas M. Mox, John P. O'Neill, Kevin Pickard, Paul Richter, Stephen M. Sanchez, Harbant S. Sidhu. (Harris, John) Modified on 12/16/2020 (mdb). [Transferred from Delaware on 2/3/2021.] |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) [Transferred from Delaware on 2/3/2021.] |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) [Transferred from Delaware on 2/3/2021.] |
| Filing 1 COMPLAINT filed with Jury Demand against Ramy El-Batrawi, Jeffrey J. Guzy, Christopher Miglino, Douglas M. Mox, John P. O'Neill, Kevin Pickard, Paul Richter, Jonathan Rosen, Stephen M. Sanchez, Harbant S. Sidhu, YayYo, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number ADEDC-3259409.) - filed by John Konop. (Attachments: #1 Verification, #2 Civil Cover Sheet)(nmg) [Transferred from Delaware on 2/3/2021.] |
| No Summons Issued. (nmg) [Transferred from Delaware on 2/3/2021.] |
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