Elena Matyas et al v. Summerkids, Inc. et al
| Douglas Forbes and Elena Matyas |
| American National Red Cross, Angelus Mountain Center, Jaimi Harrison, The Dimassa Family Foundation, Faith Porter, Daniel H. Rainey, Sempre Avanti, LLC, Joseph Dimassa, Giancarlo Dimassa, M.D., Does 1 through 50, inclusive, Summerkids, Inc. individually doing business as Angelus Mountain Center, The Enoteca, LLC, Joseph Natalizio, Cara Dimassa, Maria Dimassa, Andrew Lara Cervantes, Natalie Del Castillo, Trevor Boreham an individual doing business as Life Saving Certified, Trustee of the Dimassa Family Trust and Dossett Dimassa MD Inc |
| 2:2021cv04163 |
| May 19, 2021 |
| US District Court for the Central District of California |
| John D Early |
| John A Kronstadt |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal - Wrongful Death |
| Plaintiff |
Docket Report
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| Filing 207 TRANSCRIPT ORDER as to PLAINTIFFS Douglas Forbes, Elena Matyas for Court Reporter. Court will contact Sonia Revolorio at srevolorio@vgeorgelaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Alfaro, Meylin) |
| Filing 206 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: REQUEST of Frederick H. Choi to Withdraw as Attorney #201 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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. (ak) |
| Filing 205 REPORT of JOINT REPORT PER THE COURTS ORDER ON JANUARY 30, 2023 RE: FUTURE POTENTIAL DATES WITH NEUTRAL TROY ROE filed by Plaintiff Douglas Forbes. (Alfaro, Meylin) |
| Filing 204 DANIEL H. RAINEY'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION (DKT. #130 ); NATALIE DEL CASTILLO'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION (DKT. #131 );FAITH PORTER'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION (DKT. #132 ); JOSEPH NATALIZIO'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION (DKT. #133 ); THE ENOTECA, LLC'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION (DKT. #134 ); SUMMERKIDS, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT (DKT. #135 ); JOSEPH DIMASSA AND MARIA DIMASSA FAMILY TRUST, TRUST DATED APRIL 9, 1981'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION (DKT. #136 ); DIMASSA FAMILY FOUNDATION'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION (DKT. #137 ); ANGELUS MOUNTAIN CENTER'S MOTION FOR SUMMARY JUDGMENT (DKT. #138 ) SEMPRE AVANTI, LLC'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT ADJUDICATION (DKT. #139 ); JOSEPH DIMASSA'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION (DKT. #140 ); CARA DIMASSA'S MOTION FOR PARTIAL SUMMARY JUDGMENT (DKT. #141 ); MARIA DIMASSA'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION (DKT. #142 ); GIANCARLO DIMASSA, M.D.'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION (DKT. #143 ); DOSSETT DIMASSA, M.D.'S INC.'S FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION (DKT. #144 ); DEFENDANT JAIMI HARRISON'S MOTION FOR PARTIAL SUMMARY JUDGMENT (DKT. #145 );POST MEDIATION STATUS CONFERENCE held before Judge John A. Kronstadt. The motion hearing is held via Zoom Webinar. Counsel all appear in that manner. Recording or re-broadcasting of the proceedings is strictly prohibited. The Court states its tentative views regarding the pending motions. Counsel address the Court. The Court takes all Motions UNDER SUBMISSION and rulings will be issued.Counsel inquired as to the status of the Motions to Dismiss filed by the American Red Cross and by Trevor Boreham (Dkts. 110, 113). The Court will issue a written ruling on those Motions. IT IS SO ORDERED. (See document for further details) Court Reporter: Suzanne McKennon. (yl) |
Filing 203
CORRECTED (IN CHAMBERS) ORDER CHANGING THE TIME FOR JANUARY 30, 2023 HEARINGS (DKT. #130 #131 #132 #133 #134 #135 #136 #137 #138 #139 #140 #141 #142 #143 #144 #145 by Judge John A. Kronstadt: On the Court's own motion, the TIME for the hearing is RESET from 8:30 a.m. to 9:50 a.m., on January 30, 2023. The hearing will proceed by zoom webinar. Counsel are directed to refer to the Court's Procedures and Schedules page found on the website for the United States District Court for zoom webinar information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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Filing 202
(IN CHAMBERS) ORDER CHANGING THE TIME FOR JANUARY 30, 2023 HEARINGS (DKT. #130 #131 #132 #133 #134 #135 #136 #137 #138 #139 #140 #141 #142 #143 #144 #145 by Judge John A. Kronstadt: On the Court's own motion, the TIME for the hearing is RESET from 8:30 a.m. to 9:30 a.m., on January 30, 2023. The hearing will proceed by zoom webinar. Counsel are directed to refer to the Court's Procedures and Schedules page found on the website for the United States District Court for zoom webinar information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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| Filing 201 REQUEST of Frederick H. Choi to Withdraw as Attorney filed by Defendant Trevor Boreham. (Choi, Frederick) |
| Filing 200 Notice of Appearance or Withdrawal of Counsel: for attorney Charles Francis Nikolenko counsel for Defendant Trevor Boreham. Adding Charles F. Nikolenko as counsel of record for Trevor Boreham an individual doing business as Life Saving Certified for the reason indicated in the G-123 Notice. Filed by Defendant TREVOR BOREHAM dba LIFE SAVING CERTIFIED. (Attorney Charles Francis Nikolenko added to party Trevor Boreham(pty:dft))(Nikolenko, Charles) |
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Filing 199
(IN CHAMBERS) ORDER CONTINUING HEARING ON MOTIONS FOR SUMMARY JUDGMENT (DKTS. #130 to #145 ) AND POST MEDIATION STATUS CONFERENCE by Judge John A. Kronstadt: The Court, on its own motion, continues the Motions for Summary Judgment (Dkts. #130 to #145 ) and the Post Mediation Status Conference from January 23, 2023, at 8:30 a.m., to January 30, 2023, at 8:30 a.m., with the final time to be set when the final calendar for that date is issued.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (JAKLC2) TEXT ONLY ENTRY
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Filing 198
ORDER RE JOINT STIPULATION REGARDING EXTENSION OF EXPERT DISCOVERY DEADLINE (DKT. 196) by Judge John A. Kronstadt. Based on a review of the Joint Stipulation Regarding Extension of Expert Discovery Deadline, sufficient good cause has been shown for the requested relief. Therefore, the Stipulation is APPROVED. The discovery cut-off is continued to 1/31/2023. IT IS SO ORDERED. (yl)
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| Filing 197 [JOINT STATUS REPORT REGARDING STATUS OF SETTLEMENT filed as] STATUS REPORT filed by Defendant Jaimi Harrison. (Campo, Mary) Modified on 1/9/2023 (lom). |
| Filing 196 STIPULATION for Discovery as to Expert Depositions filed by Defendant Jaimi Harrison. (Attachments: #1 Declaration, #2 Proposed Order)(Campo, Mary) |
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Filing 195
(IN CHAMBERS) ORDER CONTINUING HEARING ON MOTIONS FOR SUMMARY JUDGMENT (DKTS. #130 to #145 ) by Judge John A. Kronstadt: The Court, on its own motion, continues the Motions for Summary Judgment (Dkts. #130 to #145 ) from December 19, 2022, at 8:30 a.m., to January 23, 2023, at 8:30 a.m., with the final time to be set when the final calendar for that date is issued. Based on a review of the parties' Joint Status Report re: Settlement (Dkt. #193 ), the Post Mediation Status Conference is also continued from December 19, 2022 to January 23, 2023. On before January 9, 2023, the parties shall submit a joint report as to the procedural status of their ongoing settlement discussions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (JAKLC2) TEXT ONLY ENTRY
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Filing 194
ORDER RE JOINT STIPULATION TO CONTINUE THE EXPERT DISCOVERY CUT-OFF DEADLINE (DKT. #192 ) by Judge John A. Kronstadt. The Stipulation is APPROVED, as follows: Expert Discovery Cut-Off - December 30, 2022. (lom)
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| Filing 193 STATUS REPORT Re: Settlement filed by Defendant Summerkids, Inc.. (Donnelly, Rachel) |
| Filing 192 Joint STIPULATION to Continue Expert Discovery Cut-Off from November 30, 2022 to December 30, 2022 filed by Defendant Summerkids, Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Donnelly, Rachel) |
| Filing 191 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Miscellaneous Document #179 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Change of Attorney Business or Contact Information. 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. (ak) |
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Filing 190
(IN CHAMBERS) TEXT-ONLY ORDER RE ORDER RE PARTIES' JOINT REPORT RE SETTLEMENT (DKT. #102 ) by Judge John A. Kronstadt: Based on a review of the upcoming case deadlines, and based on the parties' statement that a mediation was scheduled for November 14, 2022 (Dkt. #155 ), it is determined that the deadline to file a Joint Report Regarding Settlement is advanced from December 9, 2022 to December 2, 2022. This joint report shall address the procedural status of the parties' settlement discussions. If the joint report states that a settlement has been reached, a proposed date by which the parties will request the dismissal of this action shall be included. If the joint report states that settlement discussions are ongoing, it shall also include the date by which the parties expect them to conclude. The Post Mediation Status Conference is advanced from January 9, 2023 at 11:30 a.m. to December 19, 2022 at 8:30 a.m., with the final time to be set when the final calendar for that date is issued. Based on a review of the parties' joint report, a determination will be made whether to proceed with the Post Mediation Status Conference on December 19, 2022, continue it, or vacate it.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (JAKLC2) TEXT ONLY ENTRY
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| Filing 189 REPLY in support of Motion for Summary Judgement, or in the alternative, for Summary Adjudication filed by Defendant Daniel H. Rainey. (Attachments: #1 Response to Additional Statement, #2 Objections to Plaintiffs' Evidence, #3 Declaration of Rachel Donnelly, #4 Natalie del Castillo's Reply to Plaintiffs' Response to Statement, #5 Joseph Natalizio's Reply to Plaintiffs' Response to Statement, #6 Faith Porter's Reply to Plaintiffs' Response to Statement, #7 Daniel Rainey's Reply to Plaintiffs' Response to Statement)(Donnelly, Rachel) |
| Filing 188 REPLY in support of Motion for Summary Judgement, or in the alternative, for Summary Adjudication filed by Defendant Joseph Dimassa. (Attachments: #1 Response to Additional Statement, #2 Objections to Plaintiffs' Evidence, #3 Declaration of Rachel Donnelly, #4 Dossett DiMassa, Inc.'s Reply to Plaintiffs' Response to Statement, #5 Giancarlo DiMassa's Reply to Plaintiffs' Response to Statement, #6 Joseph DiMassa's Reply to Plaintiffs' Response to Statement, #7 Maria DiMassa's Reply to Plaintiffs' Response to Statement)(Donnelly, Rachel) |
| Filing 187 REPLY in support of Motion for Summary Judgement, or in the alternative, for Summary Adjudication filed by Defendant The Enoteca, LLC. (Attachments: #1 Response to Additional Statement, #2 Objections to Plaintiffs' Evidence, #3 Declaration of Rachel Donnelly, #4 Sempre Avanti's Reply to Plaintiffs' Response to Statement, #5 The Enoteca's Reply to Plaintiffs' Response to Statement, #6 Angelus' Reply to Plaintiffs' Response to Statement, #7 DiMassa Family Foundation's Reply to Plaintiffs' Response to Statement, #8 DiMassa Family Trust's Reply to Plaintiffs' Response to Statement)(Donnelly, Rachel) |
| Filing 186 REPLY in support Motion for Partial Summary Judgment filed by Defendant Summerkids, Inc.. (Attachments: #1 Response to Additional Statement, #2 Objections to Plaintiffs' Evidence, #3 Declaration of Rachel Donnelly, #4 Cara DiMassa's Reply to Plaintiffs' Response to Statement, #5 Summerkids Inc.'s Reply to Plaintiffs' Response to Statement)(Donnelly, Rachel) |
| Filing 183 REPLY NOTICE OF MOTION AND MOTION for Partial Summary Judgment #145 filed by Defendant Jaimi Harrison. (Campo, Mary) |
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Filing 184
ORDER RE JOINT STIPULATION REGARDING EXTENSION OF EXPERT DISCOVERY DEADLINE (DKT. 180) by Judge John A. Kronstadt. The Stipulation is APPROVED, and the Scheduling Order amended, as follows: Expert Discovery Cut-Off is continued to 11/30/2022. IT IS SO ORDERED. (yl)
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| Filing 182 PROOF OF SERVICE filed by Defendant American National Red Cross, re Notice of Appearance #181 served on 11/04/2022. (Tangman, Seth) |
| Filing 181 NOTICE of Appearance filed by attorney Seth R. Tangman on behalf of Defendant American National Red Cross (Tangman, Seth) |
| Filing 180 STIPULATION for Discovery as to Expert Discovery Deadline filed by Plaintiff Douglas Forbes. (Attachments: #1 Declaration, #2 Proposed Order)(Alfaro, Meylin) |
| Filing 179 Notice of Address Change filed by Defendant Trevor Boreham (Choi, Frederick) |
| Filing 185 FOR COURT USE ONLY: STATISTICAL CORRECTION GRANTING granting #161 RE #175 (yl) |
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Filing 178
ORDER by Judge John A. Kronstadt: granting #171 Non-Resident Attorney Tangman, Seth R. APPLICATION to Appear Pro Hac Vice on behalf of AMERICAN NATIONAL RED CROSS, designating Haas, Mary H. as local counsel. (yl)
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| Filing 177 Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #137 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #136 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #134 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #139 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #138 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Attachments: #1 Response to Angelus Mountain Center' Statement of Uncontroverted Facts, #2 Response to The Enoteca's Separate Statement of Uncontroverted Facts, #3 Response to DiMassa Foundation's Separate Statement of Uncontroverted Facts, #4 Response to DiMassa Family Trust's Statement of Uncontroverted Facts, #5 Response to Sempre Avanti's Statement of Uncontroverted Facts, #6 Plaintiffs' Statement of Uncontroverted Facts, #7 Compendium of Evidence - Part 1, #8 Compendium of Evidence - Part 2, #9 Compendium of Evidence - Part 3, #10 Compendium of Evidence - Part 4)(Alfaro, Meylin) |
| Filing 176 Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #144 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #142 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #143 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #140 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Attachments: #1 Response to Joseph DiMassa's Statement of Uncontroverted Facts, #2 Response to Maria DiMassa's Statement of Uncontroverted Facts, #3 Response to Giancarlo DiMassa's Statement of Uncontroverted Facts, #4 Response to Dossett DiMassa's Statement of Uncontroverted Facts, #5 Plaintiffs' Statement of Uncontroverted Facts - Joseph, Maria, Giancarlo, Dossett DiMassa, #6 Compendium of Evidence - Part 1, #7 Compendium of Evidence - Part 2, #8 Compendium of Evidence - Part 3, #9 Compendium of Evidence - Part 4)(Alfaro, Meylin) |
| Filing 175 Opposition re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #145 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Attachments: #1 Response to Harrison's Statement of Uncontroverted Facts, #2 Plaintiffs' Statement of Uncontroverted Facts - Harrison, #3 Compendium of Evidence - Part 1, #4 Compendium of Evidence - Part 2, #5 Compendium of Evidence - Part 3, #6 Compendium of Evidence - Part 4)(Alfaro, Meylin) |
| Filing 174 Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #132 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #131 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #133 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #130 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Attachments: #1 Response to Del Castillo's Statement of Uncontroverted Facts, #2 Response to Natalizio's Separate Statement of Uncontroverted Facts, #3 Response to Porter's Separate Statement of Uncontroverted Facts, #4 Response to Del Rainey's Statement of Uncontroverted Facts, #5 Plaintiffs' Statement of Uncontroverted Facts, #6 Compendium of Evidence - Part 1, #7 Compendium of Evidence - Part 2, #8 Compendium of Evidence - Part 3, #9 Compendium of Evidence - Part 4)(Alfaro, Meylin) |
| Filing 173 Opposition in Opposition re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #141 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #135 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Attachments: #1 Response to Summerkids' Statement of Uncontroverted Facts, #2 Response to Cara DiMassa's Separate Statement of Uncontroverted Facts, #3 Plaintiffs' Statement of Uncontroverted Facts - Summerkids, Cara DiMassa, #4 Compendium of Evidence - Part 1, #5 Compendium of Evidence - Part 2, #6 Compendium of Evidence - Part 3, #7 Compendium of Evidence - Part 4)(Alfaro, Meylin) |
| Filing 172 PROOF OF SERVICE filed by Defendant American National Red Cross, re Corrected APPLICATION of Non-Resident Attorney Seth R. Tangman to Appear Pro Hac Vice on behalf of Defendant American National Red Cross (Pro Hac Vice Fee - $500 Previously Paid on 10/18/2022, Receipt No. ACACDC-34172688) #171 served on 10/31/2022. (Haas, Mary) |
| Filing 171 Corrected APPLICATION of Non-Resident Attorney Seth R. Tangman to Appear Pro Hac Vice on behalf of Defendant American National Red Cross (Pro Hac Vice Fee - $500 Previously Paid on 10/18/2022, Receipt No. ACACDC-34172688) filed by Defendant American National Red Cross. (Attachments: #1 Proposed Order) (Haas, Mary) |
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Filing 170
ORDER RE PLAINTIFFS' EX PARTE APPLICATION FOR RELIEF FROM SCHEDULING ORDER RE DISCOVERY CUT OFF AND REQUEST TO DEPOSE JOSEPH DIMASSA (DKT. #160 ) by Judge John A. Kronstadt. Based on a review of the Plaintiffs' Ex Parte Application for Relief from Scheduling Order Re Discovery Cut Off and Request to Depose Joseph DiMassa (the Application (Dkt. 160)), insufficient good cause has been shown for the requested relief, including a description of the factual issues that the anticipated testimony would address. Further, given that this matter has been pending for a substantial time period, there is an insufficient showing of good cause, even assuming some oversight by Plaintiffs counsel. Therefore, the relief requested through the Application is DENIED. IT IS SO ORDERED. (yl)
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| Filing 168 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT by Judge John A. Kronstadt. The filer shall immediately refile a Pro Hac Vice Application hand signed. (Local Rule 5-4.3.4) Also attaching Certificate of Good Standing for every state court listed to which the applicant has been admitted. (Local Rule 83-2.1.3.3(d)). (hc) |
| Filing 167 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: EX PARTE APPLICATION of Non-Resident Attorney Seth R. Tangman to Appear Pro Hac Vice on behalf of Defendant American National Red Cross (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34172688) #161 . The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Document is an Application not an EX PARTE filing. See form caption. Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). Missing GSC from DE and WA. (lt) |
| Filing 166 OPPOSITION re: EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 10/26/2022 EX PARTE APPLICATION for Relief from PLAINTIFFS EX PARTE APPLICATION FOR RELIEF FROM SCHEDULING ORDER RE DISCOVERY CUT OFF AND REQUEST TO DEPOSE JOSEPH DIMASSA; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #160 filed by Defendant American National Red Cross. (Sieff, Adam) |
| Filing 165 MEMORANDUM in Opposition to Ex Parte Application filed by Defendant Summerkids, Inc.. (Donnelly, Rachel) |
| Filing 164 Opposition 160 re: EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 10/26/2022 EX PARTE APPLICATION for Relief from PLAINTIFFS EX PARTE APPLICATION FOR RELIEF FROM SCHEDULING ORDER RE DISCOVERY CUT OFF AND REQUEST TO DEPOSE JOSEPH DIMASSA; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #160 filed by Defendant Jaimi Harrison. (Attachments: #1 Proposed Order)(Campo, Mary) |
| Filing 163 MEMORANDUM in Opposition to EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 10/26/2022 EX PARTE APPLICATION for Relief from PLAINTIFFS EX PARTE APPLICATION FOR RELIEF FROM SCHEDULING ORDER RE DISCOVERY CUT OFF AND REQUEST TO DEPOSE JOSEPH DIMASSA; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #160 LIMITED OPPOSITION filed by Defendant Trevor Boreham. (Choi, Frederick) |
| Filing 162 PROOF OF SERVICE filed by Defendant American National Red Cross, re EX PARTE APPLICATION of Non-Resident Attorney Seth R. Tangman to Appear Pro Hac Vice on behalf of Defendant American National Red Cross (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34172688) #161 served on 10/18/2022. (Haas, Mary) |
| Filing 161 EX PARTE APPLICATION of Non-Resident Attorney Seth R. Tangman to Appear Pro Hac Vice on behalf of Defendant American National Red Cross (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34172688) filed by Defendant American National Red Cross. (Attachments: #1 Proposed Order) (Haas, Mary) |
| Filing 169 TREVOR BOREHAM'S MOTION TO DISMISS THIRD AMENDED COMPLAINT Hearing held before Judge John A. Kronstadt. The Court takes the Motion UNDER SUBMISSION and a ruling will be issued. (See document for further details) Court Reporter: Miriam Baird. (yl) |
| Filing 160 EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 10/26/2022, EX PARTE APPLICATION for Relief from PLAINTIFFS EX PARTE APPLICATION FOR RELIEF FROM SCHEDULING ORDER RE DISCOVERY CUT OFF AND REQUEST TO DEPOSE JOSEPH DIMASSA; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Plaintiff Douglas Forbes. (Attachments: #1 Declaration, #2 Proposed Order) (Alfaro, Meylin) |
| Filing 158 SCHEDULING NOTICE by Judge John A. Kronstadt: DEFENDANT TREVOR BOREHAM DBA LIFE SAVING CERTIFIED'S MOTION TO DISMISS THE THIRD AMENDED COMPLAINT #113 HEARING will proceed by ZOOM webinar. Counsel are directed to refer to the Court's Procedures and Schedules page found on the website for the United States District Court for zoom webinar information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY |
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Filing 157
SCHEDULING NOTICE: (IN CHAMBERS) ORDER CHANGING THE TIME FOR DEFENDANT TREVOR BOREHAM DBA LIFE SAVING CERTIFIED'S MOTION TO DISMISS THE THIRD AMENDED COMPLAINT #113 HEARING by Judge John A. Kronstadt: On the Court's own motion, the TIME for the motion hearing is reset from 8:30 a.m. to 10:30 a.m. on October 17, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY
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Filing 159
ORDER RE JOINT STIPULATION CONTINUING AMERICAN RED CROSS'S WITNESS DEPOSITION (DKT. 156) by Judge John A. Kronstadt. Based on a review of the Joint Stipulation Continuing American Red Cross's Witness Deposition, sufficient good cause has been shown for the requested relief. Therefore, the Stipulation is APPROVED, as follows: The deposition of Nayeli M. Trejos will be continued to October 24, 2022. IT IS SO ORDERED. (yl)
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| Filing 156 Joint STIPULATION to Continue Red Cross's Witness Deposition from 10/21/2022 to 10/24/2022 filed by Defendant American National Red Cross. (Attachments: #1 Proposed Order)(Haas, Mary) |
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Filing 154
ORDER RE PLAINTIFFS' EX PARTE APPLICATION TO CONTINUE THE HEARING DATE ON DEFENDANTS MOTIONS FOR SUMMARY JUDGMENT / SUMMARY ADJUDICATION OR, IN THE ALTERNATIVE, PROVIDE MORE TIME TO FILE OPPOSITIONS AND TO RE-OPEN DISCOVERY (DKT. #149 ) by Judge John A. Kronstadt. The relief requested through the Application is GRANTED IN PART AND DENIED IN PART, as follows: Plaintiffs Oppositions to the Defendants' Motions for Summary Judgment shall be filed on or before October 31, 2022. Defendants' Replies to those Oppositions shall be filed on or before November 14, 2022. The hearing on the Defendants' Motions is continued to December 19, 2022. (See document for further details) (yl)
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| Filing 153 MEMORANDUM in Opposition to Plaintiffs' Ex Parte Application to Continue the Hearing Date on Defendants' Motions for Summary Judgment / Summary Adjudication or, in the Alternative, Provide More Time to File Oppositions and Re-Open Discovery filed by Defendant Summerkids, Inc.. (Holm, Margaret) |
| Filing 152 DECLARATION of Meylin P. Alfaro In Support of EX PARTE APPLICATION to Continue Defendants' Motions for Summary Judgment / Summary Adjudication or, in the Alternative, Provide More Time to File Oppositions and Re-Open Discovery from 11/21/2022 to 01/09/2023 Re: NOTICE OF MOTION AND MOTIO #149 -- SUPPLEMENTAL DECLARATION filed by Plaintiff Douglas Forbes. (Alfaro, Meylin) |
| Filing 151 MEMORANDUM of Points and Authorities in Opposition filed by Defendant American National Red Cross. Re: EX PARTE APPLICATION to Continue Defendants' Motions for Summary Judgment / Summary Adjudication or, in the Alternative, Provide More Time to File Oppositions and Re-Open Discovery from 11/21/2022 to 01/09/2023 Re: NOTICE OF MOTION AND MOTIO #149 (Attachments: #1 Declaration)(Sieff, Adam) |
| Filing 150 MEMORANDUM in Opposition to EX PARTE APPLICATION to Continue Defendants' Motions for Summary Judgment / Summary Adjudication or, in the Alternative, Provide More Time to File Oppositions and Re-Open Discovery from 11/21/2022 to 01/09/2023 Re: NOTICE OF MOTION AND MOTIO #149 filed by Defendant Jaimi Harrison. (Attachments: #1 Proposed Order)(Campo, Mary) |
| Filing 149 EX PARTE APPLICATION to Continue Defendants' Motions for Summary Judgment / Summary Adjudication or, in the Alternative, Provide More Time to File Oppositions and Re-Open Discovery from 11/21/2022 to 01/09/2023 Re: NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #144 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #132 , NOTICE OF MOTION AND MOTION for Partial Summary Judgment #145 , NOTICE OF MOTION AND MOTION for Partial Summary Judgment #141 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #131 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #135 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #137 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #142 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #136 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #143 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #133 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #134 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #139 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #130 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #138 , NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication #140 filed by PLAINTIFF Douglas Forbes. (Attachments: #1 Declaration of Meylin P. Alfaro, #2 Exhibit 1, #3 Proposed Order) (Alfaro, Meylin) |
| Filing 155 MINUTES OF AMERICAN NATIONAL RED CROSS'S MOTION TO DISMISS PLAINTIFFS' FOURTH CLAIM OF RELIEF FOR FRAUD (DKT. #110 ) Hearing held before Judge John A. Kronstadt. The Court states its tentative views that it is inclined to grant American National Red Cross's Motion to Dismiss Plaintiffs' Fourth Claim for Relief for Fraud at Dkt. 110 (the "Motion"). Counsel address the Court. The Court takes the Motion UNDER SUBMISSION and a ruling will be issued. The status of settlement discussions is addressed. Counsel advise the Court that a mediation is currently scheduled for November 14, 2022 with a private neutral. Court Reporter: Deborah Parker. (lom) Modified on 10/4/2022 (lom). |
| Filing 148 DISCLOSURE of Rebuttal Expert Testimony FRCP 26(a)(2) filed by Defendant American National Red Cross (Attachments: #1 Exhibit A - B)(Haas, Mary) |
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Filing 147
(IN CHAMBERS) ORDER CHANGING THE TIME FOR HEARING ON AMERICAN NATIONAL RED CROSS'S MOTION TO DISMISS PLAINTIFFS' FOURTH CLAIM OF RELIEF FOR FRAUD (DKT. #110 ) by Judge John A. Kronstadt: On the Court's own motion, the TIME for the hearing is RESET from 8:30 a.m. to 9:00 a.m., on September 26, 2022. The hearing will proceed in-person at the First Street Courthouse, Courtroom 10B. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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| Filing 146 NOTICE of Change of address by Meylin Patricia Alfaro attorney for Plaintiffs Douglas Forbes, Elena Matyas. Changing attorneys address to 22760 Hawthorne Blvd., Suite 200, Torrance, CA 90505. Filed by Plaintiffs Douglas Forbes, Elena Matyas. (Alfaro, Meylin) |
| Filing 145 NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by Defendant Jaimi Harrison. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Separate Statement, #2 Declaration Declaration, #3 Proposed Order Proposed Order) (Campo, Mary) |
| Filing 144 NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication filed by Defendant Dossett Dimassa MD Inc. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #2 Compendium of Evidence in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #3 Statement of Uncontroverted Facts and Conclusions of Law in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #4 Proposed Order in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication) (Attorney Margaret M Holm added to party Dossett Dimassa MD Inc(pty:dft)) (Holm, Margaret) |
| Filing 143 NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication filed by Defendant Giancarlo Dimassa, M.D.. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #2 Compendium of Evidence in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #3 Statement of Uncontroverted Facts and Conclusions of Law in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #4 Proposed Order in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication) (Holm, Margaret) |
| Filing 142 NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication filed by Defendant Maria Dimassa. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #2 Compendium of Evidence in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #3 Statement of Uncontroverted Facts and Conclusions of Law in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #4 Proposed Order in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication) (Holm, Margaret) |
| Filing 141 NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by Defendant Cara Dimassa. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in support of Motion for Partial Summary Judgment, #2 Compendium of Evidence in support of Motion for Partial Summary Judgment, #3 Statement of Uncontroverted Facts and Conclusions of Law in support of Motion for Partial Summary Judgment, #4 Proposed Order in support of Motion for Partial Summary Judgment) (Holm, Margaret) |
| Filing 140 NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication filed by Defendant Joseph Dimassa. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #2 Compendium of Evidence in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #3 Statement of Uncontroverted Facts and Conclusions of Law in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #4 Proposed Order in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication) (Holm, Margaret) |
| Filing 139 NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication filed by Defendant Sempre Avanti, LLC. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #2 Compendium of Evidence in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #3 Statement of Uncontroverted Facts and Conclusions of Law in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #4 Proposed Order in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication) (Holm, Margaret) |
| Filing 138 NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication Angelus Mountain Center. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #2 Compendium of Evidence in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #3 Statement of Uncontroverted Facts and Conclusions of Law in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #4 Proposed Order in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication) (Holm, Margaret) |
| Filing 137 NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication filed by Defendant The Dimassa Family Foundation. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #2 Compendium of Evidence in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #3 Statement of Uncontroverted Facts and Conclusions of Law in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #4 Proposed Order in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication) (Holm, Margaret) |
| Filing 136 NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication filed by Defendant Trustee of the Dimassa Family Trust. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #2 Compendium of Evidence in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #3 Statement of Uncontroverted Facts and Conclusions of Law in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #4 Proposed Order in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication) (Attorney Margaret M Holm added to party Trustee of the Dimassa Family Trust(pty:dft)) (Holm, Margaret) |
| Filing 135 NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication filed by Defendant Summerkids, Inc.. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #2 Compendium of Evidence in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #3 Statement of Uncontroverted Facts and Conclusions of Law in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #4 Proposed Order in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication) (Holm, Margaret) |
| Filing 134 NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication filed by Defendant The Enoteca, LLC. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #2 Compendium of Evidence in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #3 Statement of Uncontroverted Facts and Conclusions of Law in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #4 Proposed Order in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication) (Holm, Margaret) |
| Filing 133 NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication filed by Defendant Joseph Natalizio. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #2 Compendium of Evidence in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication - Part 1, #3 Compendium of Evidence in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication - Part 2, #4 Statement of Uncontroverted Facts and Conclusions of Law in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #5 Proposed Order in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication) (Holm, Margaret) |
| Filing 132 NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication filed by Defendant Faith Porter. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #2 Compendium of Evidence in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication - Part 1, #3 Compendium of Evidence in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication - Part 2, #4 Statement of Uncontroverted Facts and Conclusions of Law in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #5 Proposed Order in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication) (Holm, Margaret) |
| Filing 131 NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication filed by Defendant Natalie Del Castillo. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #2 Compendium of Evidence in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #3 Statement of Uncontroverted Facts and Conclusions of Law in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #4 Proposed Order in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication) (Attorney Margaret M Holm added to party Natalie Del Castillo(pty:dft)) (Holm, Margaret) |
| Filing 130 NOTICE OF MOTION AND MOTION for Summary Judgment as to or in Alternative, for Summary Adjudication filed by Defendant Daniel H. Rainey. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #2 Compendium of Evidence in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication - Part 1, #3 Compendium of Evidence in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication - Part 2, #4 Statement of Uncontroverted Facts and Conclusions of Law in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication, #5 Proposed Order in support of Motion for Summary Judgment, or in Alternative, for Summary Adjudication) (Holm, Margaret) |
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Filing 129
ORDER RE JOINT STIPULATION REGARDING EXTENSION OF REBUTTAL EXPERT DISCLOSURE DATE AND EXPERT DISCOVERY DEADLINE (DKT. #127 ) by Judge John A. Kronstadt. Based on a review of the Joint Stipulation Regarding Extension of Rebuttal Expert Disclosure Date and Expert Discovery Deadline sufficient good cause has been shown for the requested relief. Therefore, the Stipulation is APPROVED. Rebuttal Expert Disclosures is continued to 9/23/2022. Expert Discovery Cut-Off is continued to November 4, 2022. (yl)
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| Filing 128 Joint Stipulation Regarding Extension Of Rebuttal Expert Disclosure Date And Expert Discovery Deadline filed by Defendant American National Red Cross -APPROVAL BY ANDREW CERVANTES- re: Stipulation for Discovery #127 (Haas, Mary) |
| Filing 127 Joint STIPULATION for Discovery as to Expert Disclosure Date and Expert Discovery Deadline filed by Defendant American National Red Cross. (Attachments: #1 Declaration Of Mary Haas, #2 Proposed Order)(Haas, Mary) |
| Filing 126 NOTICE OF MOTION AND MOTION to Dismiss Third Amended Complaint Reply Brief filed by Defendant Trevor Boreham. Motion set for hearing on 10/17/2022 at 08:30 AM before Judge John A. Kronstadt. (Choi, Frederick) |
| Filing 125 INITIAL DISCLOSURE of Expert Testimony filed by Plaintiffs Douglas Forbes, Elena Matyas (Alfaro, Meylin) |
| Filing 124 Initial DISCLOSURE of Expert Testimony re Stipulation and Order,, Set/Reset Deadlines, #103 filed by Defendant Jaimi Harrison (Campo, Mary) |
| Filing 123 DISCLOSURE of Initial Disclosure of Expert Testimony filed by Defendant Summerkids, Inc. (Donnelly, Rachel) |
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Filing 122
(IN CHAMBERS) TEXT-ONLY ORDER CONTINUING DEFENDANT AMERICAN NATIONAL RED CROSS'S MOTION TO DISMISS PLAINTIFFS' FOURTH CLAIM OF RELIEF FOR FRAUD (DKT. #110 ) by Judge John A. Kronstadt: The Court, on its own motion, continues Defendant American National Red Cross' Motion to Dismiss Plaintiff's Fourth Claim of Relief for Fraud (Dkt. #110 ) from August 22, 2022, at 8:30 a.m., to September 26, 2022, at 8:30 a.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (JAKLC2) TEXT ONLY ENTRY
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| Filing 121 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Fourth Claim of Relief For Fraud #110 filed by Defendant American National Red Cross. (Sieff, Adam) |
| Filing 120 ANSWER to Amended Complaint/Petition #106 JURY DEMAND. filed by defendant Jaimi Harrison.(Campo, Mary) |
| Filing 119 OPPOSITION OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Defendant Trevor Boreham to dismiss third amended complaint #113 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Alfaro, Meylin) |
| Filing 118 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Fourth Claim of Relief For Fraud #110 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Supplement Notice of Errata)(Alfaro, Meylin) |
| Filing 117 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Fourth Claim of Relief For Fraud #110 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Alfaro, Meylin) |
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Filing 116
(IN CHAMBERS) ORDER DEEMING DEFENDANT DOSSETT DIMASSA MD INC.'S MOTION TO DISMISS MOOT (DKT. #92 ) by Judge John A. Kronstadt: In light of the Third Amended Complaint (Dkt. #106 ), Defendant's Dossett Dimassa MD Inc.'s Motion to Dismiss Second Amended Complaint (Dkt. #92 ) is deemed MOOT. Defendant may file a new motion based on the Third Amended Complaint within fourteen days from the date of the Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (apa) TEXT ONLY ENTRY
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Filing 115
ORDER RE STIPULATION FOR AN ORDER TO MODIFY THE BRIEFING SCHEDULE REGARDING DEFENDANT AMERICAN NATIONAL RED CROSS' MOTION TO DISMISS PLAINTIFFS' FOURTH CLAIM OF RELIEF FOR FRAUD IN THEIR THIRD AMENDED COMPLAINT (DKT. #114 ) by Judge John A. Kronstadt. The Stipulation is APPROVED. Plaintiffs' Opposition to American National Red Cross' Motion to Dismiss Plaintiffs' Fourth Claim of Fraud in their Third Amended Complaint shall be filed on or by July 19, 2022; and American National Red Cross Reply in support of the Motion shall be filed on or by August 2, 2022. IT IS SO ORDERED. (yl)
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| Filing 114 STIPULATION for Order FOR AN ORDER TO MODIFY THE BRIEFING SCHEDULE REGARDING DEFENDANT AMERICAN NATIONAL RED CROSS MOTION TO DISMISS PLAINTIFFS FOURTH CLAIM OF RELIEF FOR FRAUD IN THEIR THIRD AMENDED COMPLAINT filed by Plaintiff Douglas Forbes. (Attachments: #1 Proposed Order)(Alfaro, Meylin) |
| Filing 113 NOTICE OF MOTION AND MOTION to Dismiss Defendant Trevor Boreham to dismiss third amended complaint filed by Defendant Trevor Boreham. Motion set for hearing on 10/17/2022 at 08:30 PM before Judge John A. Kronstadt. (Attachments: #1 Declaration, #2 Proposed Order) (Choi, Frederick) |
| Filing 112 Notice of Withdrawal of Answer to Complaint,, #107 filed by Defendants Natalie Del Castillo, Cara Dimassa, Joseph Dimassa, Maria Dimassa, Dossett Dimassa MD Inc, Giancarlo Dimassa, M.D., Joseph Natalizio, Faith Porter, Daniel H. Rainey, Sempre Avanti, LLC, Summerkids, Inc., The Dimassa Family Foundation, The Enoteca, LLC, Trustee of the Dimassa Family Trust. (Donnelly, Rachel) |
| Filing 111 Notice of Withdrawal of Motion to Dismiss (cause or other) #109 filed by Defendant American National Red Cross. (Sieff, Adam) |
| Filing 110 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Fourth Claim of Relief For Fraud filed by Defendant American National Red Cross. Motion set for hearing on 8/22/2022 at 08:30 AM before Judge John A. Kronstadt. (Sieff, Adam) |
| Filing 109 [WITHDRAWN ON 6-21-22] NOTICE OF MOTION AND MOTION to Dismiss Fourth Claim of Relief For Fraud filed by Defendant American National Red Cross. Motion set for hearing on 8/22/2022 at 08:30 AM before Judge John A. Kronstadt. (Sieff, Adam) Modified on 6/22/2022 (yl). |
| Filing 108 ANSWER to Amended Complaint/Petition #106 JURY DEMAND. Answer to Third Amended Complaint and Demand for Jury Trial filed by Defendants Angelus Mountain Center, Natalie Del Castillo, Cara Dimassa, Joseph Dimassa, Maria Dimassa, Dossett Dimassa MD Inc, Giancarlo Dimassa, M.D., Joseph Natalizio, Faith Porter, Daniel H. Rainey, Sempre Avanti, LLC, Summerkids, Inc., The Dimassa Family Foundation, The Enoteca, LLC, Trustee of the Dimassa Family Trust.(Donnelly, Rachel) |
| Filing 107 ANSWER to Amended Complaint/Petition #106 JURY DEMAND. filed by Defendants Angelus Mountain Center, Natalie Del Castillo, Cara Dimassa, Joseph Dimassa, Maria Dimassa, Dossett Dimassa MD Inc, Giancarlo Dimassa, M.D., Joseph Natalizio, Faith Porter, Daniel H. Rainey, Sempre Avanti, LLC, Summerkids, Inc., The Dimassa Family Foundation, The Enoteca, LLC, Trustee of the Dimassa Family Trust.(Attorney Rachel Danielle Donnelly added to party Angelus Mountain Center(pty:dft))(Donnelly, Rachel) |
| Filing 106 Third AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint,,, filed by Plaintiff Douglas Forbes, Elena Matyas(Alfaro, Meylin) |
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Filing 105
(IN CHAMBERS) ORDER TAKING DOSSETT DIMASSA MD INC.'S MOTION TO DISMISS (DKT. #92 ) UNDER SUBMISSION by Judge John A. Kronstadt: The Court has considered the matters raised with respect to Defendant Dossett Dimassa MD Inc.'s Motion to Dismiss (the "Motion" (Dkt. #92 )), and has concluded that pursuant to Local Rule 7.15, the matters can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on June 13, 2022, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2) TEXT ONLY ENTRY
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Filing 104
(IN CHAMBERS) ORDER RE PARTIES' JOINT REPORT RE SETTLEMENT (DKT. #102 ) by Judge John A. Kronstadt. The deadline for the parties to participate in a mediation with Troy Roe is November 30, 2022. On or before December 9, 2022, the parties shall file a joint report regarding the procedural status of those settlement discussions. A Post Mediation Status Conference is set for January 9, 2023, at 11:30 a.m., although that time may change when the final calendar for that date is issued. Further, if the December 9, 2022 joint report states that the parties have reached a settlement, the January 9, 2023 Post Mediation Status Conference will be taken off calendar. See minute order for details. (lom)
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Filing 103
ORDER RE: JOINT STIPULATION TO CONTINUE EXPERT DISCOVERY AND MOTION CUT-OFF DEADLINES (DKT. #101 ) by Judge John A. Kronstadt. The Stipulation is APPROVED as follows. 1.The Initial Expert Disclosure deadline is continued to August 22, 2022; 2.The Rebuttal Expert Disclosure deadline is continued to September 5, 2022; 3.The Expert Discovery Cut-Off is continued to September 19, 2022; and 4.The Last Day to File All Motions (including discovery motions) is September 19, 2022. (lom)
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| Filing 102 STATUS REPORT (Joint) Regarding Settlement filed by Defendants Angelus Mountain Center, Natalie Del Castillo, Cara Dimassa, Joseph Dimassa, Maria Dimassa, Dossett Dimassa MD Inc, Giancarlo Dimassa, M.D., Joseph Natalizio, Faith Porter, Daniel H. Rainey, Sempre Avanti, LLC, Summerkids, Inc., The Dimassa Family Foundation, The Enoteca, LLC, Trustee of the Dimassa Family Trust. (Donnelly, Rachel) |
| Filing 101 Joint STIPULATION to Continue Expert Discovery Cut-Off and Motion Deadlines from see docs to see docs filed by Defendants Natalie Del Castillo, Cara Dimassa, Joseph Dimassa, Maria Dimassa, Dossett Dimassa MD Inc, Giancarlo Dimassa, M.D., Joseph Natalizio, Faith Porter, Daniel H. Rainey, Sempre Avanti, LLC, Summerkids, Inc., The Dimassa Family Foundation, The Enoteca, LLC, Trustee of the Dimassa Family Trust. (Attachments: #1 Declaration of Rachel Donnelly in Support of Joint Stipulation to Continue Expert Discovery Cut-Off and Motion Deadlines, #2 Proposed Order RE: Joint Stipulation to Continue Expert Discovery Cut-Off and Motion Deadlines)(Donnelly, Rachel) |
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Filing 100
(IN CHAMBERS) ORDER RE JOINT REPORT (DKT. #97 ) by Judge John A. Kronstadt: Based on a review of the Joint Report Regarding Status of Settlement (Dkt. #97 ), the Post Mediation Status Conference set for May 23, 2022 is taken off calendar. On or before May 24, 2022, the parties shall submit an updated joint report regarding a new proposed date for the mediation with Troy Roe, as well as a new deadline for a joint report regarding its procedural outcome and a date for a Post Mediation Status Conference. No appearance by counsel is necessary on May 23, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2) TEXT ONLY ENTRY
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Filing 99
(IN CHAMBERS) ORDER RE MOTION TO DISMISS DEFENDANT AMERICAN NATIONAL RED CROSS (DKT. #19 ) by Judge John A. Kronstadt. For the reasons stated in this Order, the Motion is DENIED as to the First, Second and Third Causes of Action. The Motion is GRANTED without prejudice as to the Fourth Cause of Action. Any amended complaint shall be filed within 21 days of the issuance of this Order. (See document for further details)(yl)
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Filing 98
(IN CHAMBERS) ORDER RE DEFENDANT NATALIE DEL CASTILLOS MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT (DKT. 24); DEFENDANT TREVOR BOREHAM dba LIFE SAVING CERTIFIED'S MOITON TO DISMISS THE SECOND AMENDED COMPLAINT AND ALL CAUSES OF ACTION SET FORTH THEREIN OR, IN THE ALTERNATIVE, FOR MORE DEFINITE STATEMENT (DKT. 27); DEFENDANT JAIMI HARRISONS MOTION TO DISMISS FIRST AND THIRD CAUSES OF ACTION OF PLAINTIFFS' SECOND AMENDED COMPLAINT, AND MOTION TO STRIKE ALLEGATIONS AND PRAYER FOR PUNITIVE DAMAGES, AND OTHER IMMATERIAL MATTER FROM THE SECOND AMENDED COMPLAINT (DKT. 29); DEFENDANTS SUMMERKIDS, INC., THE ENOTECA, LLC, DI MASSA FAMILY FOUNDATION, SEMPRE AVANTI, LLC, JOSEPH DIMASSA, MARIA DIMASSA, CARA DIMASSA, GIACARLO DIMASSA, M.D., FAITH PORTER, DANIEL H. RAINEY, AND JOSEPH NATALIZIO'S MOTION TO DISMISS PORTIONS OF PLAINTIFFS SECOND AMENDED COMPLAINT (DKT. 30); AND DEFENDANTS JOSEPH DIMASSA AND MARIA DIMASSA AS TRUSTEES OF THE DIMASSA FAMILY TRUST, TRUST DATED APRIL 9, 1981'S MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT (DKT. 33) by Judge John A. Kronstadt. For the reasons stated in this Order: Del Castillos Motion to Dismiss is DENIED. Boreham's Motion to Dismiss is GRANTED, with leave to amend. Harrison's Motion to Dismiss is DENIED. The Summerkids Motion to Dismiss is DENIED. The Trustees Motion to Dismiss is GRANTED, with leave to amend. Any amended complaint shall be filed within 21 days of the date of the issuance of this Order. IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 97 STATUS REPORT (Joint) Regarding Settlement filed by Defendants Natalie Del Castillo, Andrew Lara Cervantes, Cara Dimassa, Joseph Dimassa, Maria Dimassa, Dossett Dimassa MD Inc, Giancarlo Dimassa, M.D., Joseph Natalizio, Faith Porter, Daniel H. Rainey, Sempre Avanti, LLC, Summerkids, Inc., The Dimassa Family Foundation, The Enoteca, LLC, Trustee of the Dimassa Family Trust. (Donnelly, Rachel) |
| Filing 96 Notice of Appearance or Withdrawal of Counsel: for attorney Rachel Danielle Donnelly counsel for Defendants Natalie Del Castillo, Cara Dimassa, Joseph Dimassa, Maria Dimassa, Dossett Dimassa MD Inc, Giancarlo Dimassa, M.D., Joseph Natalizio, Faith Porter, Daniel H. Rainey, Sempre Avanti, LLC, Summerkids, Inc., The Dimassa Family Foundation, The Enoteca, LLC, Trustee of the Dimassa Family Trust. Adding Rachel D. Donnelly as counsel of record for Summerkids, Inc.; The Enoteca, LLC, Di Massa Family Foundation; Sempre Avanti, LLC; Joseph Dimassa; Maria Dimassa, Cara Dimassa; Giancarlo Dimassa, M.D.; Faith Porter; Daniel H. Rainey; Joseph Natalizio; Joseph Dimassa & Maria Dimassa As Trustees of the Dimassa Family Trust dates April 9, 1981; Natalie Del Castillo; Dossett Dimassa MD, Inc. for the reason indicated in the G-123 Notice. Filed by Attorney for Defendants Rachel D. Donnelly. (Attorney Rachel Danielle Donnelly added to party Natalie Del Castillo(pty:dft), Attorney Rachel Danielle Donnelly added to party Cara Dimassa(pty:dft), Attorney Rachel Danielle Donnelly added to party Joseph Dimassa(pty:dft), Attorney Rachel Danielle Donnelly added to party Maria Dimassa(pty:dft), Attorney Rachel Danielle Donnelly added to party Dossett Dimassa MD Inc(pty:dft), Attorney Rachel Danielle Donnelly added to party Giancarlo Dimassa, M.D. (pty:dft), Attorney Rachel Danielle Donnelly added to party Joseph Natalizio(pty:dft), Attorney Rachel Danielle Donnelly added to party Faith Porter(pty:dft), Attorney Rachel Danielle Donnelly added to party Daniel H. Rainey(pty:dft), Attorney Rachel Danielle Donnelly added to party Sempre Avanti, LLC(pty:dft), Attorney Rachel Danielle Donnelly added to party Summerkids, Inc.(pty:dft), Attorney Rachel Danielle Donnelly added to party The Dimassa Family Foundation (pty:dft), Attorney Rachel Danielle Donnelly added to party The Enoteca, LLC(pty:dft), Attorney Rachel Danielle Donnelly added to party Trustee of the Dimassa Family Trust(pty:dft))(Donnelly, Rachel) |
| Filing 95 Notice of Appearance or Withdrawal of Counsel: for attorney Sheryl M Rosenberg counsel for Defendant Summerkids, Inc.. SHERYL M. ROSENBERG 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 Summerkids, Inc; The Enoteca, LLC; Di Massa Family Foundations; Sempre Avanti, LLC; Joseph DiMassa Maria DiMassa; Cara Dimassa; Giancarlo Dimassa, M.D.; Faith Porter; Daniel H. Rainey; Joseph Natalizio; Joseph Dimassa & Maria Dimassa as Trustee of the DiMassa Family Trust Deed dated April 9, 1981; Natalie Del Castillo; Dossett DeMassa MD, Inc.. (Rosenberg, Sheryl) |
| Filing 94 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint #92 filed by Defendant Dossett Dimassa MD Inc. (Rosenberg, Sheryl) |
| Filing 93 PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT DOSSETT DIMASSA MD INC.S MOTION TO DISMISS SECOND AMENDED COMPLAINT OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint #92 filed by Plaintiff Douglas Forbes. (Alfaro, Meylin) |
| Filing 92 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Defendant Summerkids, Inc.. Motion set for hearing on 6/13/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Sheryl Rosenberg, #2 Appendix Request for Judicial Notice) (Rosenberg, Sheryl) |
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Filing 91
ORDER RE STIPULATION TO EXTEND TIME FOR DEFENDANT DOSSETT DIMASSA MD INC., TO RESPOND TO PLAINTIFFS SECOND AMENDED COMPLAINT (DKT. #90 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. Defendant Dossett Dimassa MD Inc.'s deadline to file its responsive pleading is extended to 2/23/2022. (jp)
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| Filing 90 Second STIPULATION Extending Time to Answer the complaint as to re Amended Complaint,, filed by Defendant Dossett Dimassa MD Inc. (Attachments: #1 Proposed Order)(Attorney Sheryl M Rosenberg added to party Dossett Dimassa MD Inc(pty:dft))(Rosenberg, Sheryl) |
| Filing 89 Joint STIPULATION Extending Time to Answer the complaint as to re Amended Complaint,, filed by Defendants Summerkids, Inc..(Rosenberg, Sheryl) |
| Filing 88 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days) #87 . The following error(s) was/were found: (1) Incorrect statute prompt of FRCP 5(b)(2)(D) selected...service was NOT made on the Clerks Office of USDC. (2) The document is ACCEPTED as filed and Clerk had modify docket text to reflect the caption of document. Counsel shall take notice of the CM/ECF procedures. Any future document will be stricken for failure to follow the procedures. 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. (jp) |
| Filing 87 PROOF OF SERVICE Executed by Plaintiff Douglas Forbes upon Defendant Dossett Dimassa MD, Inc., served on 12/20/2021, answer due 1/10/2022. Service of the Summons and Complaint were executed upon Dossett Dimassa in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned (Alfaro, Meylin). Modified on 1/6/2022 (jp). |
| Filing 86 Notice of Appearance or Withdrawal of Counsel: for attorney Meylin Patricia Alfaro counsel for Plaintiffs Douglas Forbes, Elena Matyas. Adding Norman W. Coe as counsel of record for Elena Matyas; Douglas Forbes for the reason indicated in the G-123 Notice. Filed by Plaintiff Elena Matyas and Douglas Forbes. (Alfaro, Meylin) |
| Filing 84 Notice of Appearance or Withdrawal of Counsel: for attorney Mary Michele Campo counsel for Defendant Jaimi Harrison. Adding Marco Garcia Castillo as counsel of record for Jami Harrison for the reason indicated in the G-123 Notice. Filed by Defendant Jami Harrison. (Campo, Mary) |
| Filing 85 MINUTES OF DEFENDANT NATALIE DEL CASTILLOS MOTION TO DISMISSPLAINTIFFS' SECOND AMENDED COMPLAINT (DKT. #24 ); DEFENDANT TREVOR BOREHAM dba LIFE SAVING CERTIFIED'S MOITON TO DISMISS THE SECOND AMENDED COMPLAINT AND ALL CAUSES OF ACTION SET FORTH THEREIN OR, IN THE ALTERNATIVE, FOR MORE DEFINITE STATEMENT (DKT. #27 ); DEFENDANT JAIMI HARRISONS MOTION TO DISMISS FIRST AND THIRD CAUSES OF ACTION OF PLAINTIFFS' SECOND AMENDED COMPLAINT, AND MOTION TO STRIKE ALLEGATIONS AND PRAYER FOR PUNITIVE DAMAGES, AND OTHER IMMATERIAL MATTER FROM THE SECOND AMENDED COMPLAINT (DKT. #29 ); DEFENDANTS SUMMERKIDS, INC., THE ENOTECA, LLC, DI MASSA FAMILY FOUNDATION, SEMPRE AVANTI, LLC, JOSEPH DIMASSA, MARIA DIMASSA, CARA DIMASSA, GIACARLO DIMASSA, M.D., FAITH PORTER, DANIEL H. RAINEY, AND JOSEPH NATALIZIO'S MOTION TO DISMISS PORTIONS OF PLAINTIFFS SECOND AMENDED COMPLAINT (DKT. #30 ); DEFENDANTS JOSEPH DIMASSA AND MARIA DIMASSA AS TRUSTEES OF THE DIMASSA FAMILY TRUST, TRUST DATED APRIL 9, 1981'S MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT (DKT. #33 ) before Judge John A. Kronstadt: The motion hearing is held via Zoom Webinar. The Court takes the Motions UNDER SUBMISSION and a ruling will be issued. (See attached Civil Minutes for further specifics). Court Reporter: Amy Diaz. (jp) |
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Filing 83
(IN CHAMBERS) ORDER CONFIRMING TIME FOR MOTION HEARINGS (Dkt. #24 , #27 , #29 , #30 , #33 ) by Judge John A. Kronstadt: The TIME for the hearings currently scheduled on Monday, October 25, 2021 is 8:30 a.m. Hearings will proceed by zoom webinar. Counsel are directed to refer to the Court's Procedures and Schedules page found on the website for the United States District Court for zoom webinar information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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| Filing 82 21 DAY Summons Issued re Second Amended Complaint as to Defendant Dossett Dimassa MD Inc. (jp) |
| Filing 81 Request for Clerk to Issue Summons on Notice of Removal (Attorney Civil Case Opening),, #1 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Alfaro, Meylin) |
| Filing 80 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #79 . The following error(s) was found: The caption of the summons must match the caption of the Second Amended complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write "see attached" Next, attach a face page of the Second Amended Complaint or a second page addendum to the Summons. Please indicate as to "SECOND AMENDED COMPLAINT" right after SUMMONS IN A CIVIL ACTION". The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (jp) |
| Filing 79 Request for Clerk to Issue Summons on Amended Complaint,, filed by Plaintiffs Douglas Forbes, Elena Matyas. (Alfaro, Meylin) |
| Filing 78 MINUTES OF DEFENDANT'S MOTION TO DISMISS PLAINTIFFS' SECOND AMENDEDCOMPLAINT (DKT. #19 ) before Judge John A. Kronstadt: The hearing is held via Zoom videoconference. The Court states its tentative views that it is inclined to deny Defendant's Motion to Dismiss as to Plaintiffs' negligence claim, and that it is inclined to grant the Motion as to Plaintiffs' fraud claim with leave to amend. Counsel address the Court. The Court takes the Motion UNDER SUBMISSION and a ruling will be issued. Court Reporter: Lisa Gonzalez. (jp) |
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Filing 77
(IN CHAMBERS) ORDER CONFIRMING THE TIME FOR HEARING ON AMERICAN NATIONAL RED CROSS'S MOTION TO DISMISS PLAINTIFFS' COMPLAINT (Dkt. #19 ) by Judge John A. Kronstadt: The TIME for the motion hearing is set for 8:30 a.m. The hearing will proceed by zoom webinar. Counsel are directed to refer to the Court's Procedures and Schedules page found on the website for the United States District Court for zoom webinar information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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| Filing 76 JOINT REPORT of Neutral Nominees filed by Plaintiffs Douglas Forbes, Elena Matyas. (Attachments: #1 Exhibit Plaintiff's Neutral Nominees, #2 Exhibit Defendant Boreham's Neutral Nominees, #3 Exhibit Defendant Harrison's Neutral Nominees, #4 Exhibit Defendant Summerkids, et al.'s Neutral Nominees, #5 Exhibit Defendant Cervantes' Neutral Nominees, #6 Exhibit Defendant American Red Cross' Neutral Nominees)(Alfaro, Meylin) |
| Filing 75 REPLY in support of motion to dismiss second amended complaint filed by Defendant Trevor Boreham. (Choi, Frederick) |
| Filing 74 REPLY to Opposition NOTICE OF MOTION AND MOTION to Dismiss 1st and 3rd Causes of Action of Plaintiffs' Second Amended Complaint and Strike Allegations and Prayer for Punitive Damages and Other Immaterial Matters From the Second Amended Complaint #29 filed by Defendant Jaimi Harrison. (Campo, Mary) |
| Filing 73 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #71 . The following error(s) was/were found: Section II or Section III of Notice of Appearance or Withdrawal G123 check box not selected. Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel.. Docket text incomplete; missing name of event and text content. 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. (ak) |
| Filing 72 NOTICE of Appearance filed by attorney Tony Jay-Lun Cheng on behalf of Defendant Trevor Boreham (Cheng, Tony) |
| Filing 71 (Choi, Frederick) |
| Filing 70 REPLY NOTICE OF MOTION AND MOTION to Dismiss THE SECOND AMENDED COMPLAINT AND ALL CAUSES OF ACTION SET FORTH THEREIN OR, IN THE ALTERNATIVE, FOR MORE DEFINITE STATEMENT #27 filed by Defendant Trustee of the Dimassa Family Trust. (Rosenberg, Sheryl) |
| Filing 69 REPLY NOTICE OF MOTION AND MOTION to Dismiss THE SECOND AMENDED COMPLAINT AND ALL CAUSES OF ACTION SET FORTH THEREIN OR, IN THE ALTERNATIVE, FOR MORE DEFINITE STATEMENT #27 filed by Defendants Angelus Mountain Center, Cara Dimassa, Joseph Dimassa, Maria Dimassa, Giancarlo Dimassa, M.D., Joseph Natalizio, Faith Porter, Daniel H. Rainey, Sempre Avanti, LLC, Summerkids, Inc., The Dimassa Family Foundation, The Enoteca, LLC. (Rosenberg, Sheryl) |
| Filing 68 REPLY NOTICE OF MOTION AND MOTION to Dismiss THE SECOND AMENDED COMPLAINT AND ALL CAUSES OF ACTION SET FORTH THEREIN OR, IN THE ALTERNATIVE, FOR MORE DEFINITE STATEMENT #27 filed by Defendant Natalie Del Castillo. (Rosenberg, Sheryl) |
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Filing 67
(IN CHAMBERS) ORDER SETTING PRETRIAL DEADLINES (DKT. #65 ); AND ORDER DISMISSING DOES PARTIES 11-50 by Judge John A. Kronstadt: The Court has reviewed the parties' 8/20/201 Joint Report and sets the following deadlines: Deadline for initial disclosures: 9/3/2021. Last day to amend or add parties: 12/20/2021. Deadline to file joint report regarding agreed upon private neutral: 9/8/2021. Last day to participate in a settlement conference/mediation: 5/10/2022. Last day to file notice of settlement/joint report re settlement: 5/13/2022. Post Mediation Status Conference: 5/23/2022 at 11:30 AM. Non-Expert Discovery Cut-Off: 5/2/2022. Initial Expert Disclosures: 5/23/2022. Rebuttal Expert Disclosures: 6/6/2022. Expert Discovery Cut-Off: 6/21/2022. Last day to file All Motions (including discovery motions): 6/21/2022. (See Civil Minutes for Further Specifics). (jp)
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Filing 66
ORDER/REFERRAL to ADR Procedure No 3 by Judge John A. Kronstadt. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than May 10, 2022. Post Mediation Status Conference set for 5/23/2022 11:30 AM before Judge John A. Kronstadt. (tj)
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| Filing 65 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 15, filed by Plaintiffs Douglas Forbes, Elena Matyas.. (Alfaro, Meylin) |
| Filing 64 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Dismiss 1st and 3rd Causes of Action of Plaintiffs' Second Amended Complaint and Strike Allegations and Prayer for Punitive Damages and Other Immaterial Matters From the Second Amended Complaint #29 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Alfaro, Meylin) |
| Filing 63 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Dismiss THE SECOND AMENDED COMPLAINT AND ALL CAUSES OF ACTION SET FORTH THEREIN OR, IN THE ALTERNATIVE, FOR MORE DEFINITE STATEMENT #27 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Alfaro, Meylin) |
| Filing 62 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Portions of Second Amended Complaint #30 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Alfaro, Meylin) |
| Filing 61 REQUEST FOR JUDICIAL NOTICE filed by Plaintiffs Douglas Forbes, Elena Matyas. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Alfaro, Meylin) |
| Filing 60 OBJECTIONS to Request for Judicial Notice, #31 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Alfaro, Meylin) |
| Filing 59 OBJECTIONS to Request for Judicial Notice, #34 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Alfaro, Meylin) |
| Filing 58 Opposition opposition re: NOTICE OF MOTION AND MOTION to Dismiss Defendant Trustee of the Dimassa Family Trust #33 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Attachments: #1 Declaration)(Alfaro, Meylin) |
| Filing 57 PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT DEFENDANTS SUMMERKIDS, INC. (INDIVIDUALLY AND DBA ANGELUS MOUNTAIN CENTER), THE ENOTECA, LLC, DI MASSA FAMILY FOUNDATION, SEMPRE AVANTI, LLC, JOSEPH DIMASSA, MARIA DIMASSA, CARA DIMASSA, GIANCARLO DIMASSA, M.D., FAITH PORTER, DANIEL H. RAINEY, AND JOSEPH NATALIZIO MOTION TO DISMISS PORTIONS OF PLANTIFFS SECOND AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) re: NOTICE OF MOTION AND MOTION to Dismiss Portions of Second Amended Complaint #30 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Alfaro, Meylin) |
| Filing 56 PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT NATALIE DEL CASTILLOS MOTION TO DISMISS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) re: NOTICE OF MOTION AND MOTION to Dismiss Defendant Natalie Del Castillo #24 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Alfaro, Meylin) |
| Filing 55 PROOF OF SERVICE filed by Defendant American National Red Cross, re Reply (Motion related), #53 by electronic and overnight mail on Frederick H. Choi for Defendant Life Saving Certified served on 7/16/2021. (Haas, Mary) |
| Filing 54 Notice of Electronic Filing re Reply (Motion related) #53 , Order #51 , Order #50 , Order #52 e-mailed to Frederick Choi bounced due to unknown address error, email account does not exist. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
| Filing 53 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Defendant American National Red Cross #19 filed by Defendant American National Red Cross. (Attachments: #1 Declaration of Adam S. Sieff, #2 Exhibit 1 - Agreement)(Haas, Mary) |
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Filing 52
ORDER RE CORRECTED JOINT STIPULATION FOR AN ORDER TO MODIFY THE BRIEFING SCHEDULE REGARDING DEFENDANTS TREVOR BOREHAM DBA LIFE SAVING CERTIFIED'S MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT (DKT. #47 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. Plaintiffs shall file any opposition to Defendant's "Motion/Partial Motion to Dismiss the Second Amended Complaint and All Causes of Action Set Forth Therein or, in the Alternative, for more Definite Statement" (the "Motion" (Dkt. #27 )) on or before August 16, 2021. Defendant shall file any reply in support of the Motion on or before September 13, 2021. (jp)
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Filing 51
ORDER RE JOINT STIPULATION FOR AN ORDER TO MODIFY THE BRIEFING SCHEDULE REGARDING DEFENDANT NATALIE DEL CASTILLO'S MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT (DKT. #45 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. Plaintiffs shall file any opposition to Natalie Del Castillos Motion to Dismiss Plaintiffs' Second Amended Complaint (the "Motion" (Dkt. #24 )) on or before August 9, 2021. Defendant Natalie Del Castillo shall file any reply in support of the Motion on or before September 7, 2021. (jp)
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Filing 50
ORDER RE JOINT STIPULATION FOR AN ORDER TO MODIFY THE BRIEFING SCHEDULE REGARDING DEFENDANTS JOSEPH DIMASSA AND MARIA DIMASSA AS TRUSTEES OF THE DIMASSA FAMILY TRUST, TRUST DATED APRIL 9, 1981,'S MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT (DKT. #44 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. Plaintiffs shall file any opposition to Trustees' Motion to Dismiss Plaintiffs' Second Amended Complaint (the "Motion" (Dkt. #33 )) on or before August 9, 2021. Trustees shall file any reply in support of the Motion on or before September 7, 2021. (jp)
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Filing 49
ORDER RE JOINT STIPULATION FOR AN ORDER TO MODIFY THE BRIEFING SCHEDULE REGARDING DEFENDANTS SUMMERKIDS, INC. (INDIVIDUALLY AND DBA ANGELUS MOUNTAIN CENTER), THE ENOTECA, LLC, DI MASSA FAMILY FOUNDATION, SEMPRE AVANTI, LLC, JOSEPH DIMASSA, MARIA DIMASSA, CARA DIMASSA, GIANCARLO DIMASSA, MD., FAITH PORTER, DANIEL H. RAINEY, AND JOSEPH NATALIZIO'S MOTION TO DISMISS PORTIONS OF PLAINTIFFS' SECOND AMENDED COMPLAINT (DKT. #43 ) by Judge John A. Kronstadt, rthe Stipulation is APPROVED. Plaintiffs shall file any opposition to Defendants' Motion to Dismiss Portions of Plaintiffs' Second Amended Complaint (the "Motion" (Dkt. #30 )) on or before August 9, 2021. Defendants shall file any reply in support of the Motion on or before September 7, 2021. (jp)
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Filing 48
ORDER RE JOINT STIPULATION FOR AN ORDER TO MODIFY THE BRIEFING SCHEDULE REGARDING DEFENDANT JAIMI HARRISON'S MOTION TO DISMISS PLAINTIFFS' FIRST AND THIRD CAUSES OF ACTION FROM THE SECOND AMENDED COMPLAINT (DKT. #42 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. Plaintiffs shall file any opposition to Defendant Jaimi Harrison's Motion to Dismiss (the "Motion" (Dkt. #29 )) on or before 8/16/2021. Defendant Jaimi Harrison shall file any reply in support of the Motion on or before 9/13/2021. (jp)
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| Filing 47 JOINT STIPULATION to NOTICE OF MOTION AND MOTION to Dismiss THE SECOND AMENDED COMPLAINT AND ALL CAUSES OF ACTION SET FORTH THEREIN OR, IN THE ALTERNATIVE, FOR MORE DEFINITE STATEMENT #27 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Attachments: #1 Proposed Order)(Alfaro, Meylin) |
| Filing 46 JOINT STIPULATION to NOTICE OF MOTION AND MOTION to Dismiss THE SECOND AMENDED COMPLAINT AND ALL CAUSES OF ACTION SET FORTH THEREIN OR, IN THE ALTERNATIVE, FOR MORE DEFINITE STATEMENT #27 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Attachments: #1 Proposed Order)(Alfaro, Meylin) |
| Filing 45 JOINT STIPULATION to NOTICE OF MOTION AND MOTION to Dismiss Defendant Natalie Del Castillo #24 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Attachments: #1 Proposed Order)(Alfaro, Meylin) |
| Filing 44 JOINT STIPULATION to NOTICE OF MOTION AND MOTION to Dismiss Defendant Trustee of the Dimassa Family Trust #33 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Attachments: #1 Proposed Order)(Alfaro, Meylin) |
| Filing 43 JOINT STIPULATION to NOTICE OF MOTION AND MOTION to Dismiss Portions of Second Amended Complaint #30 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Attachments: #1 Proposed Order)(Alfaro, Meylin) |
| Filing 42 JOINT STIPULATION to NOTICE OF MOTION AND MOTION to Dismiss 1st and 3rd Causes of Action of Plaintiffs' Second Amended Complaint and Strike Allegations and Prayer for Punitive Damages and Other Immaterial Matters From the Second Amended Complaint #29 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Attachments: #1 Proposed Order)(Alfaro, Meylin) |
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Filing 41
ORDER RE JOINT STIPULATION FOR AN ORDER TO MODIFY THE BRIEFING SCHEDULE REGARDING THE AMERICAN NATIONAL RED CROSSS MOTION TO DISMISS PLAINTIFFS' COMPLAINT (DKT. #23 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. Plaintiffs' Opposition to Defendant American National Red Cross' Motion to Dismiss Complaint Pursuant to FRCP 12(b)(6) (Dkt. #36 ), which was filed on 6/21/2021, is deemed timely. The American National Red Cross shall file any reply in support of its Motion to Dismiss Plaintiffs' Complaint on or before 7/14/2021. (jp)
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| Filing 40 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Portions of Second Amended Complaint #30 , NOTICE OF MOTION AND MOTION to Dismiss 1st and 3rd Causes of Action of Plaintiffs' Second Amended Complaint and Strike Allegations and Prayer for Punitive Damages and Other Immaterial Matters From the Second Amended Complaint #29 , NOTICE OF MOTION AND MOTION to Dismiss Defendant Trustee of the Dimassa Family Trust #33 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): No [Prop] Order attached. 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 39 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss THE SECOND AMENDED COMPLAINT AND ALL CAUSES OF ACTION SET FORTH THEREIN OR, IN THE ALTERNATIVE, FOR MORE DEFINITE STATEMENT #27 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Other error(s) with document(s): Counsel shall file the notice on or before 6/28/21. Failure to file the notice may result in the document being stricken. (lom) Modified on 6/25/2021 (lom). |
| Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Order #23 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): No [Prop] Order attached. 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 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Defendant Natalie Del Castillo #24 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): No [Prop] Order attached. 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 36 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Defendant American National Red Cross #19 filed by Plaintiffs Douglas Forbes, Elena Matyas. (Attachments: #1 Exhibit Exhibits)(Alfaro, Meylin) |
| Filing 35 Notice of Withdrawal of Request for Judicial Notice, #26 , Motion to Dismiss Party, #25 filed by Defendant The Dimassa Family Foundation. (Rosenberg, Sheryl) |
| Filing 34 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Defendant Trustee of the Dimassa Family Trust #33 filed by Defendant Trustee of the Dimassa Family Trust. (Attachments: #1 Exhibit, #2 Exhibit)(Rosenberg, Sheryl) |
| Filing 33 NOTICE OF MOTION AND MOTION to Dismiss Defendant Trustee of the Dimassa Family Trust filed by Defendant Trustee of the Dimassa Family Trust. Motion set for hearing on 10/25/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum) (Attorney Sheryl M Rosenberg added to party Trustee of the Dimassa Family Trust(pty:dft)) (Rosenberg, Sheryl) |
| Filing 32 STATEMENT Interested Parties filed by Defendant Trevor Boreham (Cheng, Tony) |
| Filing 31 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Portions of Second Amended Complaint #30 filed by Defendants Angelus Mountain Center, Andrew Lara Cervantes, Cara Dimassa, Joseph Dimassa, Maria Dimassa, Giancarlo Dimassa, M.D., Joseph Natalizio, Faith Porter, Daniel H. Rainey, Sempre Avanti, LLC, Summerkids, Inc., The Dimassa Family Foundation, The Enoteca, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Rosenberg, Sheryl) |
| Filing 30 NOTICE OF MOTION AND MOTION to Dismiss Portions of Second Amended Complaint filed by Defendants Angelus Mountain Center, Cara Dimassa, Joseph Dimassa, Maria Dimassa, Giancarlo Dimassa, M.D., Joseph Natalizio, Faith Porter, Daniel H. Rainey, Sempre Avanti, LLC, Summerkids, Inc., The Dimassa Family Foundation, The Enoteca, LLC. Motion set for hearing on 10/25/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum) (Rosenberg, Sheryl) |
| Filing 29 NOTICE OF MOTION AND MOTION to Dismiss 1st and 3rd Causes of Action of Plaintiffs' Second Amended Complaint and Strike Allegations and Prayer for Punitive Damages and Other Immaterial Matters From the Second Amended Complaint filed by defendant Jaimi Harrison. Motion set for hearing on 10/25/2021 at 08:30 AM before Judge John A. Kronstadt. (Campo, Mary) |
| Filing 28 NOTICE of Interested Parties filed by Defendant Jaimi Harrison, (Campo, Mary) |
| Filing 27 NOTICE OF MOTION AND MOTION to Dismiss THE SECOND AMENDED COMPLAINT AND ALL CAUSES OF ACTION SET FORTH THEREIN OR, IN THE ALTERNATIVE, FOR MORE DEFINITE STATEMENT filed by Defendant Trevor Boreham. Motion set for hearing on 10/25/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration Declaration of Frederick H. Choi, Esq. in Support of Motion to Dismiss, #2 Proposed Order Proposed Order re Motion to Dismiss) (Attorney Tony Jay-Lun Cheng added to party Trevor Boreham(pty:dft)) (Cheng, Tony) |
| Filing 26 WITHDRAWN, see docket entry no. 35 - REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Defendant The Dimassa Family Foundation #25 filed by Defendant The Dimassa Family Foundation. (Attachments: #1 Exhibit, #2 Exhibit)(Rosenberg, Sheryl) Modified on 6/22/2021 (lom). |
| Filing 25 WITHDRAWN, see docket entry no. 35 - NOTICE OF MOTION AND MOTION to Dismiss Defendant The Dimassa Family Foundation filed by Defendant The Dimassa Family Foundation. Motion set for hearing on 10/25/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum) (Rosenberg, Sheryl) Modified on 6/22/2021 (lom). |
| Filing 24 NOTICE OF MOTION AND MOTION to Dismiss Defendant Natalie Del Castillo filed by Defendant Natalie Del Castillo. Motion set for hearing on 10/25/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum) (Rosenberg, Sheryl) |
| Filing 23 Joint STIPULATION for Order TO MODIFY THE BRIEFING SCHEDULE REGARDING THE AMERICAN NATIONAL RED CROSS'S MOTION TO DISMISS PLAINTIFFS' COMPLAINT filed by PLAINTIFF Elena Matyas.(Alfaro, Meylin) |
| Filing 22 CERTIFICATE of Interested Parties filed by Defendants Angelus Mountain Center, Natalie Del Castillo, Cara Dimassa, Joseph Dimassa, Maria Dimassa, Giancarlo Dimassa, M.D., Joseph Natalizio, Faith Porter, Daniel H. Rainey, Sempre Avanti, LLC, Summerkids, Inc., The Dimassa Family Foundation, The Enoteca, LLC, (Rosenberg, Sheryl) |
| Filing 21 STIPULATION to correct Stipulation Extending Time to Answer (30 days or less), #20 filed by Defendant Natalie Del Castillo.(Rosenberg, Sheryl) |
| Filing 20 STIPULATION Extending Time to Answer the complaint as to re Amended Complaint,, filed by Defendant The Dimassa Family Foundation, Giancarlo Dimassa, M.D., Joseph Natalizio, Cara Dimassa, Natalie Del Castillo, Summerkids, Inc., The Enoteca, LLC, Faith Porter, Daniel H. Rainey, Angelus Mountain Center, Maria Dimassa, Sempre Avanti, LLC, Joseph Dimassa.(Attorney Sheryl M Rosenberg added to party Natalie Del Castillo(pty:dft))(Rosenberg, Sheryl) |
| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss Defendant American National Red Cross filed by Defendant American National Red Cross. Motion set for hearing on 9/27/2021 at 08:30 AM before Judge John A. Kronstadt. (Haas, Mary) |
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Filing 18
ORDER RE STIPULATION TO EXTEND TIME TO RE-NOTICE RESPONSIVE PLEADINGS (DKT. #15 ) by Judge John A. Kronstadt the Stipulation is APPROVED. The deadline for Defendants SUMMERKIDS, INC. (individually and dba ANGELUS MOUNTAIN CENTER), THE ENOTECA, LLC, DI MASSA FAMILY FOUNDATION, SEMPRE AVANTI, LLC, JOSEPH DIMASSA, MARIA DIMASSA, CARA DIMASSA, GIANCARLO DIMASSA, M.D., FAITH PORTER, DANIEL H. RAINEY, JOSEPH NATALIZIO, and JOSEPH DIMASSA AND MARIA DIMASSA AS TRUSTEES OF THE DIMASSA FAMILY TRUST, TRUST DATED APRIL 9, 1981 to re-notice the previously filed responsive pleadings to Plaintiffs Second Amended Complaint is hereby extended to 6/21/2021. (jp)
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Filing 17
ORDER RE STIPULATION TO EXTEND TIME TO RE-NOTICE RESPONSIVE PLEADINGS (DKT. #16 ) by Judge John A. Kronstadt the Stipulation is APPROVED. Defendant Jaimi Harrison's deadline to re-notice the previously filed responsive pleadings to Plaintiffs' Second Amended Complaint is hereby extended to 6/21/2021. (jp)
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| Filing 16 STIPULATION for Extension of Time to File Responsive Pleading to as to Amended Complaint,, filed by Defendant TREVOR BOREHAM dba LIFE SAVING CERTIFIED Does.(Attorney Tony Jay-Lun Cheng added to party Does(pty:dft))(Cheng, Tony) |
| Filing 15 STIPULATION for Extension of Time to File June 21, 2021 filed by Defendants Angelus Mountain Center, Andrew Lara Cervantes, Cara Dimassa, Joseph Dimassa, Maria Dimassa, Giancarlo Dimassa, M.D., Joseph Natalizio, Faith Porter, Daniel H. Rainey, Sempre Avanti, LLC, Summerkids, Inc., The Dimassa Family Foundation, The Enoteca, LLC. (Attachments: #1 Proposed Order)(Attorney Sheryl M Rosenberg added to party Angelus Mountain Center(pty:dft), Attorney Sheryl M Rosenberg added to party Andrew Lara Cervantes(pty:dft))(Rosenberg, Sheryl) |
| Filing 14 PROOF OF SERVICE filed by defendant Jaimi Harrison, re Stipulation for Extension of Time to File Response/Reply #13 served on 5/25/21. (Campo, Mary) |
| Filing 13 STIPULATION for Extension of Time to File Response filed by defendant Jaimi Harrison. (Attachments: #1 Proposed Order Proposed Order)(Campo, Mary) |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Mary Michele Campo counsel for Defendant Jaimi Harrison. Adding Mary M. Campo as counsel of record for Jami Harrison for the reason indicated in the G-123 Notice. Filed by Defendant Jami Harrison. (Attorney Mary Michele Campo added to party Jaimi Harrison(pty:dft))(Campo, Mary) |
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Filing 11
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. A hearing is not necessary and, therefore, the matter is taken under submission. Upon review of the Joint Report, a scheduling order will be issued. Rule 26 Meeting Report due by August 20, 2021. (tj)
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Filing 10
STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (tj)
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| Filing 9 NOTICE Notice of Consent to Removal by Defendant Jaimi Harrison filed by Defendant American National Red Cross. (Sieff, Adam) |
| Filing 8 Notice of Appearance or Withdrawal of Counsel: for attorney Adam S Sieff counsel for Defendant American National Red Cross. Adding Adam S. Sieff as counsel of record for American National Red Cross for the reason indicated in the G-123 Notice. Filed by Defendant American National Red Cross. (Attorney Adam S Sieff added to party American National Red Cross(pty:dft))(Sieff, Adam) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge John D. Early. (ghap) |
| Filing 5 JOINDER filed by Defendants ANGELUS MOUNTAIN CENTER, CARA DIMASSA, JOSEPH DIMASSA, MARIA DIMASSA, GIANCARLO DIMASSA, M.D., JOSEPH NATALIZIO, FAITH PORTER, DANIEL H. RAINEY, SEMPRE AVANTI, LLC, SUMMERKIDS, INC., THE DIMASSA FAMILY FOUNDATION, THE ENOTECA, LLC joining in Notice of Removal (Attorney Civil Case Opening),, #1 . (Rosenberg, Sheryl) |
| Filing 4 PROOF OF SERVICE filed by Defendant AMERICAN NATIONAL RED CROSS, re Notice of Removal (Attorney Civil Case Opening),, #1 , Civil Cover Sheet (CV-71) #2 , Corporate Disclosure Statement #3 served on 5/19/2021. (Haas, Mary) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT AND CERTIFICATE OF INTERESTED ENTITIES PURSUANT TO L.R. 7.1 AND 7.1-1 filed by Defendant AMERICAN NATIONAL RED CROSS (Haas, Mary) |
| Filing 2 CIVIL COVER SHEET filed by Defendant AMERICAN NATIONAL RED CROSS. (Haas, Mary) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, County of Los Angeles, case number 19STCV39732 Receipt No: ACACDC-31320309 - Fee: $402, filed by Defendant AMERICAN NATIONAL RED CROSS. (Attachments: #1 Exhibit 1 Summons, 2 Complaint, 3 Cover Sheet, 4 Addendum, 5 Notice, 6 Standing Order, 7 First Amended Standing Order, 8 ADR Package, 9 General Order, 10 State Action Docket, #2 11 Joinder in Notice of Removal and Consent Thereto) (Attorney Mary H Haas added to party AMERICAN NATIONAL RED CROSS(pty:dft))(Haas, Mary) |
| NON CONFORM COPY OF SECOND AMENDED COMPLAINT against Defendants American National Red Cross, Angelus Mountain Center, Andrew Lara Cervantes, Cara Dimassa, Joseph Dimassa, Maria Dimassa, Does 1 through 50, inclusive, Giancarlo Dimassa, M.D., Jaimi Harrison, Joseph Natalizio, Faith Porter, Daniel H. Rainey, Sempre Avanti, LLC, Summerkids, Inc., The Dimissa Family Foundation, The Enoteca, LLC amending Notice of Removal (Attorney Civil Case Opening), #1 , filed by plaintiffs Douglas Forbes, Elena Matyas. (SUBMITTED ATTACHED EXHIBIT 2) (ghap) |
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