Garry Y. Itkin v. Golden Sphinx Limited, et al
| Garry Y. Itkin |
| Golden Sphinx Limited and Does 1-10, inclusive |
| 2:2021cv04907 |
| June 16, 2021 |
| US District Court for the Central District of California |
| John A Kronstadt |
| Rozella A Oliver |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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| Filing 69 Notice of Bankruptcy and Order of Bankruptcy Court filed by Counterclaimant Golden Sphinx Limited. (Zorkin, Michael) |
| Filing 68 REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Garry Y. Itkin. (Attachments: #1 Declaration of Boris Treyzon, Esq., in Support of Plaintiff Garry Y. Itkin's Request for Judicial Notice)(Treyzon, Boris) |
| Filing 67 REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Garry Y. Itkin. (Attachments: #1 Declaration of Boris Treyzon, Esq., in Support of Plaintiff Garry Y. Itkin's Request for Judicial Notice)(Treyzon, Boris) |
| Filing 66 FOR STATISTICAL USE ONLY: STATISTICAL CORRECTION taking off calendar motions #53 & #56 re #65 . (yl) |
Filing 65
ORDER RE STIPULATION TO TAKE MOTION FOR SUMMARY JUDGMENT OFF CALENDAR PENDING BANKRUPTCY PROCEEDINGS (DKT. 64)by Judge John A. Kronstadt #64 . The Stipulation is APPROVED. Garry Itkin's Motion for Summary Judgment (Dkt. 53) is taken off calendar; provided, however, this Order is without prejudice to an application by Plaintiff to re-calendar the matters, if he can demonstrate either that the automatic stay does not apply, or that he has obtained relief from the automatic stay in the bankruptcy proceedings. IT IS SO ORDERED. (yl)
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| Filing 64 Joint STIPULATION to Vacate date of hearing NOTICE OF MOTION AND MOTION for Summary Judgment #53 filed by Defendant Golden Sphinx Limited. (Attachments: #1 Proposed Order)(Zorkin, Michael) |
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Filing 63
(IN CHAMBERS) TEXT-ONLY ORDER TAKING MOTION TO DISMISS COUNTERCLAIM (DKTS. #33 , #41 ) AND MOTION FOR JUDGMENT ON THE PLEADINGS (DKT. #38 ) OFF CALENDAR by Judge John A. Kronstadt: Based on a review of Golden Sphinx's Notice of Commencement of Bankruptcy Under L.R. 83-1.4.1 (Dkt. #62 ), it is determined that the August 15, 2022 hearing on the Motion to Dismiss Counterclaim (Dkts. #33 , #41 ) and Motion for Judgment on the Pleadings (Dkt. #38 ) is taken off calendar; provided, however, this Order is without prejudice to an application by Plaintiff to re-calendar the matters, if he can demonstrate either that the automatic stay does not apply, or that he has obtained relief from the automatic stay in the bankruptcy proceedings 2:22-bk-14320-NB. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (maco) TEXT ONLY ENTRY
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| Filing 62 Notice of Commencement of Bankruptcy filed by Defendant Golden Sphinx Limited. (Zorkin, Michael) |
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Filing 61
ORDER RE GOLDEN SPHINX'S EX PARTE APPLICATION UNDER FRCP 56(D) TO CONTINUE OR VACATE THE HEARING ON GARRY ITKIN'S MOTION FOR SUMMARY JUDGMENT (DKT. #56 ) by Judge John A. Kronstadt. Based on a review of these filings, in the interest of party and judicial efficiency, it has been determined that the Motion for Judgment on the Pleadings and the Motion to Dismiss shall be continued from June 27, 2022, to August 15, 2022. In light of that new hearing date, the hearing on the Second Motion for Summary Judgment (Dkt. 53) is continued from August 15, 2022, to September 19, 2022. The deadline for Golden Sphinxs opposition to the Second Motion for Summary Judgment is set for August 22, 2022, with any reply to be filed on or before September 5, 2022. The Application is DEFERRED and shall be considered in connection with the August 15, 2022 hearing. IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 60 NOTICE of Intent to Rely on Foreign Law under FRCP 44.1 filed by Defendant Golden Sphinx Limited. (Zorkin, Michael) |
| Filing 59 DECLARATION of Boris Treyzon, Esq. In Opposition to EX PARTE APPLICATION to Continue Hearing on Motion for Summary Judgment from August 15, 2022 to September 26, 2022 Re: NOTICE OF MOTION AND MOTION for Summary Judgment #53 #56 In Opposition to Ex Parte filed by Counter Defendant Garry Y. Itkin, Plaintiff Garry Y. Itkin. (Treyzon, Boris) |
| Filing 58 Opposition to Ex Parte Application In Opposition to Ex Parte re: EX PARTE APPLICATION to Continue Hearing on Motion for Summary Judgment from August 15, 2022 to September 26, 2022 Re: NOTICE OF MOTION AND MOTION for Summary Judgment #53 #56 Opposition to Ex Parte filed by Counter Defendant Garry Y. Itkin, Plaintiff Garry Y. Itkin. (Treyzon, Boris) |
| Filing 57 Notice of Withdrawal of Motion for Summary Judgment,, #51 , Statement (Motion related) #52 filed by Plaintiff Garry Y. Itkin. (Treyzon, Boris) |
| Filing 56 EX PARTE APPLICATION to Continue Hearing on Motion for Summary Judgment from August 15, 2022 to September 26, 2022 Re: NOTICE OF MOTION AND MOTION for Summary Judgment #53 filed by Defendant Golden Sphinx Limited. (Attachments: #1 Memorandum, #2 Declaration Of Michael Zorkin, #3 Proposed Order) (Zorkin, Michael) |
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Filing 55
ORDER RE STIPULATION TO CONTINUE THE DEADLINE TO FILE ALL MOTIONS (DKT. #50 ) by Judge John A. Kronstadt. The deadline to file all motions is continued to September 15, 2022. (lom)
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| Filing 54 STATEMENT NOTICE OF MOTION AND MOTION for Summary Judgment #53 filed by Plaintiff Garry Y. Itkin. (Treyzon, Boris) |
| Filing 53 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff Garry Y. Itkin. Motion set for hearing on 8/15/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Boris Treyzon, Esq., in Support of Plaintiff Garry Y. Itkin's Motion for Summary Judgment, #2 Memorandum of Points and Authorities in Support of Plaintiff and Counter-Defendant Garry Y. Itkin's Motion for Summary Judgment, #3 Proposed Order on Plaintiff and Counter-Defendant Garry Y. Itkin's Motion for Summary Judgment) (Treyzon, Boris) |
| Filing 52 STATEMENT of in Support of Motion for Summary Judgment NOTICE OF MOTION AND MOTION for Summary Judgment #51 filed by Plaintiff Garry Y. Itkin. (Treyzon, Boris) |
| Filing 51 [WITHDRAWN ON 6-21-22] NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff Garry Y. Itkin. Motion set for hearing on 9/12/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Boris Treyzon, Esq., in Support of Plaintiff Garry Y. Itkin's Motion for Summary Judgment, #2 Memorandum of Points and Authorities in Support of Plaintiff and Counter-Defendant Garry Y. Itkin's Motion for Summary Judgment, #3 Proposed Order on Plaintiff and Counter-Defendant Garry Y. Itkin's Motion for Summary Judgment) (Treyzon, Boris) Modified on 6/22/2022 (yl). |
| Filing 50 STIPULATION to Continue Deadline to file all motions from June 13, 2022 to September 15, 2022 filed by Defendant Golden Sphinx Limited. (Attachments: #1 Proposed Order)(Zorkin, Michael) |
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Filing 49
(IN CHAMBERS) TEXT-ONLY ORDER CONTINUING MOTION TO DISMISS COUNTERCLAIM (DKT. #41 ) by Judge John A. Kronstadt: The Court, on its own motion, continues Plaintiff's Motion to Dismiss Counterclaim Pursuant to Fed. R. Civ. P. Rule 12(b)(6) (Dkt. #41 ) to June 27, 2022, at 8:30 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hoa) TEXT ONLY ENTRY
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Filing 48
(IN CHAMBERS) TEXT-ONLY ORDER CONTINUING MOTION TO DISMISS COUNTERCLAIM (DKT. #33 ) AND MOTION FOR JUDGMENT ON THE PLEADINGS (DKT. #38 ) by Judge John A. Kronstadt: The Court, on its own motion, continues Plaintiff's Motion to Dismiss Counterclaim Pursuant to Fed. R. Civ. P. Rule 12(b)(6) (Dkt. #33 ) and Defendant's Motion for Judgment on the Pleadings Based on the Compulsory Counterclaim Rule (Dkt. #38 ) to June 27, 2022, at 8:30 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hoa) TEXT ONLY ENTRY
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| Filing 47 REPLY in support of NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Garry Y. Itkin's Complaint #38 filed by Defendant Golden Sphinx Limited. (Zorkin, Michael) |
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Filing 46
(IN CHAMBERS) TEXT-ONLY ORDER TAKING POST MEDIATION STATUS CONFERENCE OFF CALENDAR by Judge John A. Kronstadt: Based on a review of the parties' Joint Report Re: Status of Settlement Efforts (the "Report" (Dkt. #45 ), it is determined that the March 21, 2022 Post Mediation Status Conference is taken off calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hoa) TEXT ONLY ENTRY
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| Filing 45 STATUS REPORT re: No Further Settlement Efforts filed by Plaintiff Garry Y. Itkin. (Atabek, Jon) |
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Filing 44
(IN CHAMBERS) TEXT-ONLY ORDER DIRECTING COUNSEL TO ADHERE TO COURT'S ORDER AND FILE JOINT REPORT by Judge John A. Kronstadt: On December 6, 2021, the parties were ordered to file by March 11, 2022, a joint report regarding the procedural status of mediation and/or settlement efforts. Dkt. #27 . In light of the Minutes Re: Video Settlement Conference (Dkt. #36 ), which state that the parties attended a settlement conference, but that the matter did not settle, counsel shall file a joint report as to whether any further settlement efforts are expected, and, if so, at what point during the litigation. Based on a review of the joint report, a determination will be made whether to take the March 21, 2022 hearing off calendar or continue it to a later date. The joint report shall be filed by March 16, 2022, at Noon. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hoa) TEXT ONLY ENTRY
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| Filing 43 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Garry Y. Itkin's Complaint #38 filed by Plaintiff Garry Y. Itkin. (Attachments: #1 Declaration in Support)(Atabek, Jon) |
| Filing 42 Opposition in opposition re: NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Garry Y. Itkin's Complaint #38 filed by Plaintiff Garry Y. Itkin. (Atabek, Jon) |
| Filing 41 NOTICE OF MOTION AND MOTION to Dismiss First Amended Counterclaim #33 filed by Counter Defendant Garry Y. Itkin, Plaintiff Garry Y. Itkin. Motion set for hearing on 5/16/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum of Points and Authorities In Support of Motion to Dismiss First Amended Counterclaim, #2 Declaration of Jon Atabek In Support of Motion to Dismiss, #3 Exhibit 1 - A true and correct copy of the operative Second Amended Complaint, #4 Exhibit 2 - A true and correct of the corporate minutes, #5 Exhibit 3 - A true and correct copy my initial email to Mr. Zorkin, #6 Exhibit 4 - A true and correct copy of my email correspondence with Mr. Zorkin, #7 Exhibit 5 - A true and correct copy of my meet and confer letter to Mr. Zorkin)(Treyzon, Boris). Modified on 5/9/2022 (jp). |
| Filing 40 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss First Amended Counterclaim #33 filed by Counter Defendant Garry Y. Itkin. (Atabek, Jon) |
| Filing 39 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Garry Y. Itkin's Complaint #38 filed by Defendant Golden Sphinx Limited. (Zorkin, Michael) |
| Filing 38 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Garry Y. Itkin's Complaint filed by Defendant Golden Sphinx Limited. Motion set for hearing on 5/16/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Michael Zorkin w/ exhibits) (Zorkin, Michael) |
| Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney Jon Ali Atabek counsel for Counter Defendant Garry Y. Itkin, Plaintiff Garry Y. Itkin. Adding Boris Treyzon as counsel of record for Garry Y. Itkin for the reason indicated in the G-123 Notice. Filed by Plaintiff Garry Y. Itkin. (Atabek, Jon) |
| Filing 36 MINUTES OF Settlement Conference held before Magistrate Judge Rozella A. Oliver: On January 24, 2022, counsel for the parties appeared for a settlement conference by video. Also present by video was Plaintiff Garry Y. Itkin. The parties were unable to reach a settlement. (dml) |
| Filing 35 Opposition re: NOTICE OF MOTION AND MOTION to Dismiss First Amended Counterclaim #33 filed by Counter Claimant Golden Sphinx Limited. (Zorkin, Michael) |
| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #32 . The following error(s) was/were found: Peter Maissian, SBN 339636, is not admitted to the Central District. 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. (sbou) |
| Filing 33 NOTICE OF MOTION AND MOTION to Dismiss First Amended Counterclaim filed by Counter-Defendant Garry Y. Itkin. Motion set for hearing on 4/18/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in Support of Motion to Dismiss Counterclaim Per Rule 12(b)(6), #2 Declaration of Jon Atabek in Support, #3 Request for Judicial Notice in Support) (Atabek, Jon) |
| Filing 32 Notice of Appearance or Withdrawal of Counsel: for attorney Jon Ali Atabek counsel for Counter Defendant Garry Y. Itkin, Plaintiff Garry Y. Itkin. Adding Peter Maissian as counsel of record for Garry Y. Itkin for the reason indicated in the G-123 Notice. Filed by Plaintiff Garry Y. Itkin. (Atabek, Jon) |
| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Jon Ali Atabek counsel for Counter Defendant Garry Y. Itkin, Plaintiff Garry Y. Itkin. Adding Christian S. Molnar as counsel of record for Garry Y. Itkin for the reason indicated in the G-123 Notice. Filed by Plaintiff Garry Y. Itkin. (Atabek, Jon) |
| Filing 30 NOTICE of Change of Attorney Business or Contact Information: for attorney Jon Ali Atabek counsel for Counter Defendant Garry Y. Itkin, Plaintiff Garry Y. Itkin. Changing address and firm name to Molnar Atabek LLP, 610 Newport Center Dr., Ste. 420, Newport Beach, CA 92660. Changing e-mail to jatabek@molnaratabek.com. Filed by Counter Defendant Garry Y. Itkin, Plaintiff Garry Y. Itkin. (Atabek, Jon) |
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Filing 29
SETTLEMENT CONFERENCE ORDER by Magistrate Judge Rozella A. Oliver. This matter having been referred to U.S. Magistrate Judge Rozella A. Oliver for a settlement conference, IT IS ORDERED that a video settlement conference shall be held on January 24, 2022, at 10:00 a.m. Each party shall submit a settlement conference statement by email to RAO_Chambers@cacd.uscourts.gov by no later than January 12, 2022. SEE ORDER FOR COMPLETE DETAILS. (dml)
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Filing 28
(IN CHAMBERS) ORDER DEEMING PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIM MOOT (DKT. #20 ) by Judge John A. Kronstadt: In light of the First Amended Counterclaim (Dkt. #21 ), Plaintiff's Motion to Dismiss Counterclaim (the "Motion" (Dkt. #20 )) is MOOT. The December 13, 2021 hearing on the Motion is terminated. No appearance by counsel is necessary. Plaintiff may renew its motion based on the First Amended Counterclaim within the time period provided by the Federal Rules of Civil Procedure. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY
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Filing 27
(IN CHAMBERS) ORDER SETTING PRETRIAL DEADLINES (DKT. #23 ) by Judge John A. Kronstadt. The Court has reviewed the parties' November 9, 2021 Joint Report and sets the following deadlines: February 1, 2022 Last day to amend or add parties; December 13, 2022 Deadline to contact Magistrate Judge Rozella A. Oliver's Courtroom Deputy (CRD) to schedule a date for the settlement conference. March 9, 2022 Last day to participate in a settlement conference/mediation; March 11, 2022 Last day to file notice of settlement / joint report re settlement; March 21, 2022 at 11:30 a.m. Post Mediation Status Conference; May 2, 2022 Non-Expert Discovery Cut-Off; May 16, 2022 Initial Expert Disclosures; May 30, 2022 Rebuttal Expert Disclosures; June 13, 2022 Expert Discovery Cut-Off; June 13, 2022 Last day to file All Motions (including discovery motions). The parties will be invited to submit proposed dates for the final pretrial conference and trial, if necessary, upon the Courts final ruling on the motions. The trial estimate will be set at the final pretrial conference. See attached minute order for details. (lom)
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Filing 26
ORDER/REFERRAL to ADR Procedure No 1 by Judge John A. Kronstadt. Case ordered to Magistrate Judge Rozella A. Oliver for Settlement Conference. ADR Proceeding to be held no later than March 9, 2022. Post Mediation Status Conference set for 3/21/2022 11:30 AM before Judge John A. Kronstadt. (tj)
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| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Association of Counsel #24 . The following error(s) was/were found: Incorrect document is attached to the docket entry. Not signed by Christian Molnar Law Corp. 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 24 NOTICE of Association of Counsel associating attorney Christian S. Molnar, Esq. on behalf of Counter Defendant Garry Y. Itkin, Plaintiff Garry Y. Itkin. Filed by Counter Defendant Garry Y. Itkin, Plaintiff Garry Y. Itkin (Atabek, Jon) |
| Filing 23 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2, filed by Defendant Golden Sphinx Limited.. (Attachments: #1 Declaration Re: Joint Report)(Zorkin, Michael) |
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Filing 22
(IN CHAMBERS) TEXT-ONLY ORDER DIRECTING COUNSEL TO ADHERE TO COURT'S ORDER AND FILE JOINT REPORT by Judge John A. Kronstadt: On August 17, 2021, the Court ordered the parties to file a Joint Rule 16(b)/26(f) Report by November 5, 2021. Counsel shall file the report no later than November 12, 2021, at 12:00 p.m. Counsel are reminded to adhere to the deadlines set by the Court. Any future failure to do so may result in the imposition of sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY.
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| Filing 21 First AMENDED COUNTERCLAIM against Counter Defendant Golden Sphinx Limited amending Counterclaim #13 , filed by Counterclaimant Golden Sphinx Limited (Attachments: #1 Appendix Counterclaims Redline)(Zorkin, Michael) |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss Counterclaim (Dkt. No. 13) filed by Counter-Defendant Garry Y. Itkin. Motion set for hearing on 12/13/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in Support of Motion to Dismiss Counterclaim Per Rule 12(b)(6), #2 Declaration of Jon Atabek in Support, #3 Signed Application Request for Judicial Notice in Support) (Atabek, Jon) |
| Filing 19 STIPULATION Extending Time to Answer the complaint as to Garry Y. Itkin answer now due 10/7/2021, re Counterclaim #13 filed by Counter-Defendant Garry Y. Itkin.(Atabek, Jon) |
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Filing 18
(IN CHAMBERS) ORDER RE SCHEDULING CONFERENCE ORDER ISSUED ON August 17, 2021 (DKT. #17 ) by Judge John A. Kronstadt: The Scheduling Conference will be taken under submission after the Joint Rule 16(b)/26(f) Report is filed. No appearance by counsel will be necessary. A separate order will issue setting the deadlines and dates for this case. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (droj) TEXT ONLY ENTRY
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Filing 17
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. Rule 26 Meeting Report due by 11/5/2021. Scheduling Conference set for 11/15/2021 at 1:30 PM before Judge John A. Kronstadt. (droj)
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| Filing 16 PROOF OF SERVICE filed by Defendant Golden Sphinx Limited, re Counterclaim #13 , Certificate/Notice of Interested Parties #15 , Answer to Complaint (Attorney Civil Case Opening) #14 served on August 17, 2021. (Zorkin, Michael) |
| Filing 15 NOTICE of Interested Parties filed by Defendant Golden Sphinx Limited, (Zorkin, Michael) |
| Filing 14 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Golden Sphinx Limited.(Zorkin, Michael) |
| Filing 13 COUNTERCLAIM against Counter Defendant Garry Y. Itkin, filed by Defendant Golden Sphinx Limited. (Attorney Michael Zorkin added to party Golden Sphinx Limited(pty:dft))(Zorkin, Michael) |
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Filing 12
(IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE (DKT. 8) by Judge John A. Kronstadt. Based on a review of the Response and the associated materials, Plaintiff has made a sufficient showing that a Jersey private limited company is appropriately treated as a corporation, rather than a limited liability company. Thus, the Complaint adequately alleges complete diversity of citizenship. This is without prejudice to a challenge to jurisdiction brought by one or more of the defendants. For these reasons, the OSC is DISCHARGED. Pursuant to 28 U.S.C. 1653, Plaintiff is granted leave to amend the Complaint to state that Golden Sphinx Limited is a private limited company, rather than an LLC. Snell v. Cleveland, Inc., 316 F.3d 822, 828 (9th Cir. 2002) ("The primary purpose of 1653 is to permit correction of incorrect statements about extant jurisdiction."). (See document for details) (mrgo)
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| Filing 11 WAIVER OF SERVICE Returned Executed filed by Plaintiff Garry Y. Itkin. upon Golden Sphinx Limited waiver sent by Plaintiff on 6/18/2021, answer due 8/17/2021. Waiver of Service signed by Larissa Sabadash, Director. (Atabek, Jon) |
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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 OPPOSITION filed by Plaintiff Garry Y. Itkin. (Attachments: #1 Declaration of Garry Y. Itkin ISO Opposition to Order to Show Cause re: Diversity Jurisdiction)(Atabek, Jon) |
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Filing 8
(IN CHAMBERS) TEXT-ONLY ORDER TO SHOW CAUSE RE SUBJECT MATTER JURISDICTION by Judge John A. Kronstadt: On June 16, 2021, Plaintiff filed this action against Golden Sphinx Limited, a limited liability company, and ten unnamed Defendants. A limited liability company, "like a partnership... is a citizen of every state of which its owners/members are citizens." Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). The principal place of business of an LLC "is irrelevant for purposes of diversity jurisdiction." Tele Munchen Fernseh GMBH & Co. Produktiongesellschaft v. All. Atlantis Int'l Distrib., LLC, No. CV 13-05834 MMM (MRWx), 2013 WL 6055328, at *4 (C.D. Cal. Nov. 15, 2013). It is alleged that Plaintiff is a resident of California, and that Golden Sphinx Limited is incorporated in the Isle of Jersey and has its principal place of business there. Dkt. 1 at 2. It is also alleged that Defendant's sole director resides in California. Id. Based on these allegations, it cannot presently be determined whether there is complete diversity in this action. Therefore, Plaintiff is ORDERED TO SHOW CAUSE in writing, on or before June 25, 2021, as to whether there is subject matter jurisdiction. In doing so, Plaintiff shall submit a memorandum, not to exceed five pages, together with supporting evidence, with respect to the citizenship of Golden Sphinx. Based on a review of that response, it will be determined whether any further briefing or a hearing will be necessary, or if the matter can be decided at that time. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pm) TEXT ONLY ENTRY
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| Filing 7 21 DAY Summons issued re Complaint #1 as to defendant Golden Sphinx Limited. (esa) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Rozella A. Oliver. (esa) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Garry Y. Itkin. (Atabek, Jon) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Garry Y. Itkin. (Atabek, Jon) |
| Filing 2 NOTICE of Interested Parties filed by Plaintiff Garry Y. Itkin, identifying Garry Y. Itkin, Plaintiff/Creditor; Golden Sphinx Limited, Defendant; Larissa Sabadash, Director; Alexander Sabadash, Beneficial Owner. (Atabek, Jon) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31480560 - Fee: $402, filed by Plaintiff Garry Y. Itkin. (Attorney Jon Ali Atabek added to party Garry Y. Itkin(pty:pla))(Atabek, Jon) |
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