Jon Peters v. Holli Gallun et al
Plaintiff: Jon Peters
Defendant: Holli Gallun, Management 180, LLC, Does 1 through 10 and Does 2 through 10
Case Number: 2:2021cv01507
Filed: February 18, 2021
Court: US District Court for the Central District of California
Presiding Judge: Fernando L Aenlle-Rocha
Referring Judge: Pedro V Castillo
Nature of Suit: Securities/Commodities
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 27, 2022 Opinion or Order Filing 54 ORDER GRANTING STIPULATION REGARDING ENTRY OF JUDGMENT AGAINST DEFENDANTS HOLLI GALLUN AND MANAGEMENT 180 LLC #52 by Judge Fernando L. Aenlle-Rocha: The Parties have agreed upon a written settlement agreement that resolves all potential claims and claims in the Complaint. By entry of this Order, this case is dismissed without prejudice, conditioned upon this court retaining jurisdiction to enforce the Settlement, which involves installment payments for a total amount of $185,000. (SEE DOCUMENT FOR SPECIFICS RE CONDITIONS AND REQUIREMENTS RE SCHEDULE OF PAYMENTS AND RE DELINQUENT OR DEFAULT THEREOF ). (Made JS-6. Case Terminated.) (lc)
October 19, 2022 Filing 53 PROOF OF SERVICE filed by PLAINTIFF Jon Peters, re Stipulation for Judgment,, Stipulation for Order, #52 served on 10/19/22. (Emanuel, Raphael)
October 19, 2022 Filing 52 STIPULATION for Judgment as to DEFENDANTS, STIPULATION for Order PROPOSED [ORDER] ON STIPULATION REGARDING ENTRY OF JUDGMENT AGAINST DEFENDANTS HOLLI GALL UN AND MANAGEMENT 180 LLC filed by PLAINTIFF Jon Peters. (Attachments: #1 Proposed Order PROPOSED [ORDER] ON STIPULATION REGARDING ENTRY OF JUDGMENT AGAINST DEFENDANTS HOLLI GALL UN AND MANAGEMENT 180 LLC)(Emanuel, Raphael)
October 11, 2022 Opinion or Order Filing 51 (IN CHAMBERS) ORDER STRIKING STIPULATION (DKT. #48 ) by Judge Fernando L. Aenlle-Rocha: The court STRIKES the parties' Stipulation and Proposed Order Regarding Entry of Judgment Against Defendants for failure to attest on the signature page of the document that all other signatories listed, who electronically signed with a "s" and on whose behalf the filing is submitted, concur in the content of and have authorized the filing. See Local Rule 5-4.3.4. Any renewed stipulation must comply with all applicable statutes and Local Rules. Failure to comply with all applicable statutes and Local Rules in any renewed stipulation, including Local Rule 5-4.3.4, may result in the denial of the stipulation with prejudice. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
October 10, 2022 Filing 50 Notice ERRATA filed by PLAINTIFF Jon Peters. (Emanuel, Raphael)
October 7, 2022 Filing 49 PROOF OF SERVICE filed by PLAINTIFF Jon Peters, re Stipulation for Judgment,, Stipulation for Order, #48 STIPULATION AND [PROPOSED] ORDER REGARDING ENTRY OF JUDGMENT AGAINST DEFENDANTS served on 10/7/2022. (Emanuel, Raphael)
October 7, 2022 Filing 48 (STRICKEN ON October 11, 2022; SEE CM/ECF No. 51) STIPULATION for Judgment as to DEFENDANTS, STIPULATION for Order STIPULATION AND [PROPOSED ORDER] REGARDNG ENTRY OF JUDGMENT AGAINST DEFENDANTS filed by PLAINTIFF Jon Peters. (Attachments: #1 Proposed Order PROPOSED [ORDER] ON STIPULATION REGARDING ENTRY OF JUDGMENT AGAINST DEFENDANTS HOLLI GALL UN AND MANAGEMENT 180 LLC)(Emanuel, Raphael) Modified on 10/11/2022 (tf).
October 3, 2022 Opinion or Order Filing 47 (IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: Having reviewed the parties' Stipulation for Extension of Time to File Stipulated Order Regarding Entry of Judgment ("Stipulation"), (Dkt. #45 ), and finding good cause therefor, the court hereby EXTENDS the parties' deadline to file a Stipulated Order Regarding Entry of Judgment to October 7, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
September 23, 2022 Filing 46 PROOF OF SERVICE filed by PLAINTIFF Jon Peters, re Stipulation for Extension of Time to File,, Stipulation for Order, #45 served on 9/23/22. (Emanuel, Raphael)
September 23, 2022 Filing 45 First STIPULATION for Extension of Time to File STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO FILE STIPULATED ORDER REGARDING ENTRY OF JUDGMENT, First STIPULATION for Order [PROPOSED] ORDER FOR STIPULATION REGARING EXTENSION OF TIME TO FILE STIPULATED ORDER REGARDING ENTRY OF JUDGMENT filed by PLAINTIFF Jon Peters. (Attachments: #1 Proposed Order)(Emanuel, Raphael)
September 12, 2022 Opinion or Order Filing 44 (IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: In light of the parties' Notice of Settlement (Dkt. #43 ), filed September 9, 2022, the court DENIES without prejudice Plaintiff's Request for Default Judgment (Dkt. #39 ) against Defendants as moot. The parties shall file their anticipated Stipulated Order Regarding Entry of Judgment on or before September 23, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
September 9, 2022 Filing 43 Notice NOTICE OF SETTLEMENT OF ACTION AND STIPULATION RE: PROPOSED ORDER filed by PLAINTIFF Jon Peters. (Emanuel, Raphael)
September 8, 2022 Opinion or Order Filing 42 (IN CHAMBERS) ORDER TAKING PLAINTIFF'S REQUEST for Default Judgment against DEFENDANTS HOLLI GALLUN, MANAGEMENT 180 LLC UNDER SUBMISSION #39 by Judge Fernando L. Aenlle-Rocha: The court finds that Request for Default Judgment currently scheduled for hearing on September 16, 2022, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the courts ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY
August 19, 2022 Filing 41 DECLARATION of JON PETERS IN SUPPORT OF REQUEST for Default Judgment against DEFENDANTS HOLLI GALLUN, MANAGEMENT 180 LLC #39 filed by Plaintiff Jon Peters. (Emanuel, Raphael)
August 10, 2022 Filing 40 (IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE. Plaintiff was ordered to show cause why the court should not dismiss the case. On August 9, 2022 Plaintiff filed Request for Default Judgment, (Dkt. #39 ) which sufficiently addresses the Order to Show Cause. Accordingly, the court's Order to Show Cause is DISCHARGED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
August 9, 2022 Filing 39 REQUEST for Default Judgment against DEFENDANTS HOLLI GALLUN, MANAGEMENT 180 LLC filed by plaintiff Jon Peters. Request set for hearing on 9/16/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Declaration OF JOANNA ROSE IN SUPPORT OF PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR DEFAULT JUDGMENT, #2 Declaration OF RAPHAEL B. EMANUEL IN SUPPORT OF PLAINTIFF'S MOTION ENTER DEFAULT JUDGMENTS AGAINST DEFENDANTS HOLLAGEMENT 180,LLCI GALLUN AND MAN) (Emanuel, Raphael)
July 26, 2022 Opinion or Order Filing 38 (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION AS TO DEFENDANTS HOLLI GALLUN, MANAGEMENT 180, LLC by Judge Fernando L. Aenlle-Rocha: The court, on its own motion, orders Plaintiff to show cause in writing no later than August 9, 2022, why this action should not be dismissed for lack of prosecution. Pursuant to Rule 55 of the Federal Rules of Civil Procedure, and after entry of default, Plaintiff shall file a Motion for Default Judgment. Plaintiff is advised that the court will consider the filing of a Motion, which complies with the federal rules, on or before the date upon which the response is due, as a satisfactory response to the Order to Show Cause. The Order to Show Cause will stand submitted upon the filing of an appropriate response. No oral argument will be heard unless otherwise ordered by the court. Failure to respond may result in the dismissal of this matter.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
February 24, 2022 Filing 37 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Holli Gallun, Management 180, LLC (lc)
February 24, 2022 Filing 36 PROOF OF SERVICE filed by plaintiff Jon Peters, re Second APPLICATION for Clerk to Enter Default against defendant Management 180, LLC #34 served on 2/24/22. (Emanuel, Raphael)
February 24, 2022 Filing 35 PROOF OF SERVICE filed by plaintiff Jon Peters, re Second APPLICATION for Clerk to Enter Default against defendant Holli Gallun #33 served on 2/24/22. (Emanuel, Raphael)
February 24, 2022 Filing 34 Second APPLICATION for Clerk to Enter Default against defendant Management 180, LLC filed by plaintiff Jon Peters. (Emanuel, Raphael)
February 24, 2022 Filing 33 Second APPLICATION for Clerk to Enter Default against defendant Holli Gallun filed by plaintiff Jon Peters. (Emanuel, Raphael)
February 22, 2022 Filing 32 NOTICE OF DEFICIENCY Re: First APPLICATION for Clerk to Enter Default against defendant Management 180, LLC #31 , First APPLICATION for Clerk to Enter Default against defendant Holli Gallun #30 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. MISSING the ONE CITE OF APPROPRIATE Statute re Service of Process. Not found in Proofs on file nor in Default request and declaration in support. (lc)
February 18, 2022 Filing 31 First APPLICATION for Clerk to Enter Default against defendant Management 180, LLC filed by plaintiff Jon Peters. (Emanuel, Raphael)
February 18, 2022 Filing 30 First APPLICATION for Clerk to Enter Default against defendant Holli Gallun filed by plaintiff Jon Peters. (Emanuel, Raphael)
January 19, 2022 Opinion or Order Filing 29 MINUTE ORDER IN CHAMBERS by Judge Fernando L. Aenlle-Rocha: ORDER DISMISSING DOE DEFENDANT 1 AND DISCHARGING ORDER TO SHOW CAUSE 27 . Plaintiff filed a response, which was entered into the court's docket on January 19, 2022, stating he does not oppose the dismissal of Doe Defendant 1 without prejudice and further stating that he intended to seek entry of default against DefendantsHolli Gallun and Management 180, LLC forthwith #28 .The court, therefore, DISMISSES Doe Defendant 1 from the action without prejudice and DISCHARGES the OSC. Plaintiff shall file requests for entry of default within 30 days of this order. (lc)
January 19, 2022 Filing 28 RESPONSE filed by Plaintiff Jon Peters TO OSC (Emanuel, Raphael)
January 3, 2022 Opinion or Order Filing 27 (IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: On August 25, 2021, the court granted Plaintiffs request to serve non-party discovery and for additional time for service and continued Plaintiff's deadline to serve Doe Defendant 1 until December 23, 2021. (Dkt. #26 ). Plaintiff's deadline to complete service has now passed. Accordingly, the court Orders Plaintiff to Show Cause ("OSC") in writing by no later than January 18, 2022, why the action should not be dismissed as to Doe Defendant 1 for lack of prosecution. The filing of a responsive pleading to the Complaint and/or proof of service, indicating completion of service on Doe Defendant 1, shall constitute a sufficient response. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
August 25, 2021 Opinion or Order Filing 26 MINUTE ORDER IN CHAMBERS by Judge Fernando L. Aenlle-Rocha: ORDER GRANTING PLAINTIFF'S REQUESTS TO SERVE NON-PARTY DISCOVERY AND FOR ADDITIONAL TIME FOR SERVICE #25 . Having reviewed Plaintiffs report, the court GRANTS Plaintiff's requests for leave to initiate discovery, serve a subpoena on Wells Fargo, and additional time to serve Doe Defendant 1. The court CONTINUES Plaintiff's deadline to serve Doe Defendant 1 by 120 days to December 23, 2021. Plaintiffs alternative request for entry of default is MOOT. (lc)
August 13, 2021 Filing 25 STATUS REPORT PLAINTIFF JON PETERS filed by Plaintiff Jon Peters. (Attachments: #1 Exhibit SUBPOENA, #2 Exhibit DECLARATION OF RAPHAEL B. EMANUEL IN SUPPORT OF PLAINTIFF' REQUEST TO ENTER DEFAULTS AGAINST HOLLI GALLUN AND MANAGEMENT 180 LLC, #3 Exhibit DECLARATION OF JOANNA ROSE IN SUPPORT OF PLAINTIFF JON PETERS EX PARTE APPLICATION, #4 Exhibit PUBLIC RECORDS)(Emanuel, Raphael)
June 14, 2021 Opinion or Order Filing 24 TEXT ENTRY (IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: On May 27, 2021, the court Ordered Plaintiff to Show Cause in writing ("OSC") why the action should not be dismissed as to Defendants Holli Gallun and Management 180, LLC for lack of prosecution. Dkt. 20. Plaintiff filed a timely response on June 10, 2021. Having reviewed Plaintiffs response, the court DISCHARGES the OSC and ORDERS Plaintiff to file a status report on or before August 13, 2021, regarding his efforts to diligently prosecute this action. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
June 10, 2021 Filing 23 RESPONSE filed by Plaintiff Jon Peters (Attachments: #1 Declaration DECLARATION OF RAPHAEL B. EMANUEL IN SUPPORT OF PLAINTIFF JON PETERS' RESPONSE TO ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION RE DEFENDANTSHOLLIGALLUN AND MANAGEMENT 180 LLC; MEMORANDUM OF POINTS AND AUTHORITIES)(Emanuel, Raphael)
June 9, 2021 Filing 22 PROOF OF SERVICE Executed by Plaintiff Jon Peters, upon Defendant Service of the Summons and Complaint were executed upon Rhonda Condo Person in Charge Secretary to Michael Beethe Agent for Service of Process for Business in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Emanuel, Raphael)
June 9, 2021 Filing 21 PROOF OF SERVICE Executed by Plaintiff Jon Peters, upon Defendant Service of the Summons and Complaint were executed upon HOLLI GALLUN INDIVIDUAL DEFENDANT in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Emanuel, Raphael)
May 27, 2021 Opinion or Order Filing 20 (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION RE DEFENDANTS HOLLI GALLUN AND MANAGEMENT 180, LLC by Judge Fernando L. Aenlle-Rocha: The Court, on its own motion, orders Plaintiff to show cause in writing no later than June 10, 2021, why this action should not be dismissed as to Holli Gallun and Management 180, LLC for lack of prosecution. In the absence of showing good cause, an action shall be dismissed if the summons and complaint have not been served within 90 days after the filing of the complaint pursuant to Fed. R. Civ. P. 4(m). An action may be dismissed prior to such time if the Plaintiff fails diligently to prosecute the action. The Order to Show Cause will stand submitted upon the filing of an appropriate response. No oral argument will be heard unless otherwise ordered by the Court. Plaintiff is advised that the Court will consider the filing of a responsive pleading to the complaint and/or proof(s) of service, which indicates proper service in full compliance with the federal rules, on or before the date upon which the response is due, as a satisfactory response to the Order to Show Cause. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
May 26, 2021 Opinion or Order Filing 19 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS EX PARTE APPLICATION FOR LEAVE TO EXTEND TIME FOR SERVICE AND TAKE EXPEDITED DISCOVERY #17 by Judge Fernando L. Aenlle-Rocha: The Court GRANTS Plaintiff's unopposed ex parte application and extend time for service on Doe Defendant No. 1 by 90 days, to August 17, 2021. The Court DENIES Plaintiff's unopposed application to take expedited discovery from non-party Wells Fargo Bank, N.A., without prejudice. (lc)
May 20, 2021 Filing 18 PROOF OF SERVICE filed by plaintiff Jon Peters, re EX PARTE APPLICATION to TO EXTEND TIME FOR SERVICE EX PARTE APPLICATION to Expedite DISCOVERY #17 served on 05/20/21. (Emanuel, Raphael)
May 20, 2021 Filing 17 EX PARTE APPLICATION to TO EXTEND TIME FOR SERVICE , EX PARTE APPLICATION to Expedite DISCOVERY filed by plaintiff Jon Peters. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order) (Emanuel, Raphael)
May 20, 2021 Filing 16 Notice of Withdrawal of Motion for Leave #12 filed by plaintiff Jon Peters. (Emanuel, Raphael)
May 20, 2021 Filing 15 Notice of Withdrawal of Motion to Expedite #10 filed by plaintiff Jon Peters. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order)(Emanuel, Raphael)
May 19, 2021 Filing 14 PROOF OF SERVICE filed by plaintiff Jon Peters, re EX PARTE APPLICATION to TO EXTEND TIME FOR SERVICE TO EXPEDITE DISCOVERY #12 , Errata #13 served on 05/19/21. (Emanuel, Raphael)
May 19, 2021 Filing 13 NOTICE OF ERRATA filed by Plaintiff Jon Peters. correcting EX PARTE APPLICATION to Expedite DISCOVERY LEAVE TO EXTEND TIME FOR SERVICE #10 (Emanuel, Raphael)
May 19, 2021 Filing 12 EX PARTE APPLICATION to TO EXTEND TIME FOR SERVICE TO EXPEDITE DISCOVERY filed by plaintiff Jon Peters. (Emanuel, Raphael)
May 18, 2021 Filing 11 PROOF OF SERVICE filed by plaintiff Jon Peters, re EX PARTE APPLICATION to Expedite DISCOVERY LEAVE TO EXTEND TIME FOR SERVICE #10 served on 05/18/21. (Emanuel, Raphael)
May 18, 2021 Filing 10 EX PARTE APPLICATION to Expedite DISCOVERY LEAVE TO EXTEND TIME FOR SERVICE filed by plaintiff Jon Peters. (Attachments: #1 Proposed Order, #2 Declaration, #3 Declaration) (Emanuel, Raphael)
March 24, 2021 Opinion or Order Filing 9 INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (vv)
March 19, 2021 Filing 8 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days), #6 , Service of Summons and Complaint Returned Executed (21 days), #7 . The following error(s) was/were found: Filer selected INCORRECT Statute prompt as " FRCP 5(b)(2) (D) resulting in erroneous docket text that service of process on defendants were served on the CLERKS OFFICE OF THE COURT, instead of the defendant or the agent for service of the named defendant 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. (lc)
March 19, 2021 Filing 7 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Jon Peters, upon Defendant Management 180, LLC served on 3/2/2021, answer due 3/23/2021. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Emanuel, Raphael)
March 19, 2021 Filing 6 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Jon Peters, upon Defendant Holli Gallun served on 2/26/2021, answer due 3/19/2021. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Emanuel, Raphael)
February 19, 2021 Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: Other error(s) with document(s): Civil Cover Sheet, Notice of Interested Parties and Summons Request are attached to the Complaint. Each of these documents should have been filed separately under its correct event/relief. Your response to this notice is not required at this time, unless the Court directs you to do so. (esa)
February 19, 2021 Filing 4 21 DAY Summons issued re Complaint #1 as to defendants Holli Gallun, Management 180, LLC. (esa)
February 19, 2021 Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
February 19, 2021 Filing 2 NOTICE OF ASSIGNMENT to District Judge Fernando L Aenlle-Rocha and Magistrate Judge Pedro V. Castillo. (esa)
February 18, 2021 Filing 1 COMPLAINT Receipt No: ACACDC-30603289 - Fee: $402, filed by plaintiff Jon Peters. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Notice of Interested Parties) (Attorney Raphael B Emanuel added to party Jon Peters(pty:pla))(Emanuel, Raphael)

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Defendant: Holli Gallun
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Defendant: Management 180, LLC
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Defendant: Does 1 through 10
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Defendant: Does 2 through 10
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Plaintiff: Jon Peters
Represented By: Raphael B Emanuel
Represented By: Sacha V Emanuel
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