Veronica McCluskey v. Jeff Henry et al
| Veronica McCluskey |
| Jeff Henry, Dave Willner and Sanaz Ebrahini |
| 2:2021cv07014 |
| August 31, 2021 |
| US District Court for the Central District of California |
| Charles F Eick |
| James V Selna |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0009 |
| None |
Docket Report
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This docket was last retrieved on October 21, 2021. A more recent docket listing may be available from PACER.
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Filing 36
MINUTES [IN CHAMBERS] Order Regarding Motion for Declaratory Judgment #17 and Motion to Dismiss #24 by Judge James V. Selna: For the following reasons, the Court declines to exercise jurisdiction over the motion for declaratory judgment under the Brillhart abstention doctrine. This action is STAYED pending resolution of the related arbitration proceedings and state court case. Therefore, the Court DENIES the Defendants' motion to dismiss as moot. terminating #17 for Declaratory Judgment; denying #24 MOTION to Dismiss [SEE DOCUMENT FOR FURTHER DETAILS.] (es)
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Filing 35
ORDER DENIED BY ORDER OF THE COURT by Judge James V. Selna: Denied as Moot #33 Request for Telephonic Appearance. (es)
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| Filing 34 PROOF OF SERVICE filed by Respondents Sanaz Ebrahini, Jeff Henry, Dave Willner, re REQUEST for Leave of Rachael Chan to Appear for Telephonic re Petitioner Veronica McCluskeys Motion for Declaratory Judgment #33 served on October 14, 2021. (Chan, Rachael) |
| Filing 33 REQUEST for Leave of Rachael Chan to Appear for Telephonic re Petitioner Veronica McCluskeys Motion for Declaratory Judgment filed by Respondents Sanaz Ebrahini, Jeff Henry, Dave Willner. (Attachments: #1 Declaration of Rachael Chan, #2 Proposed Order) (Chan, Rachael) |
| Filing 32 PROOF OF SERVICE Executed by Plaintiff Veronica McCluskey, upon Defendant Sanaz Ebrahini served on 10/5/2021, answer due 10/26/2021. Service of the Summons and Complaint were executed upon Sanaz Ebrahini in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Mogan, Michael) |
| Filing 31 PROOF OF SERVICE filed by Respondents Sanaz Ebrahini, Jeff Henry, Dave Willner, re Reply (Motion related) #30 served on October 8, 2021. (Floyd, Michele) |
| Filing 30 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss for Insufficient Service of Process #24 filed by Respondents Sanaz Ebrahini, Jeff Henry, Dave Willner. (Floyd, Michele) |
| Filing 29 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Dismiss for Insufficient Service of Process #24 filed by Petitioner Veronica McCluskey. (Attachments: #1 Declaration Declaration Of Michael Mogan In Support Of Petitioners Opposition To Respondents Motion For Dismiss and Exhibits 1-31, #2 Unredacted Document Petitioner Veronica McCluskeys Request For Judicial Notice)(Mogan, Michael) |
| Filing 28 REPLY Support NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Respondents Waived Their Right To Arbitration Under 9 U.S.C.A. 3 And The Arbitration Forum Is Institutionally Biased Rendering The Parties Arbitration Contract Unenforceable; Or In The Alt #17 filed by Petitioner Veronica McCluskey. (Attachments: #1 Declaration Declaration Of Michael Mogan In Support Of Petitioners Reply To Respondents Objections To Petitioners Motion For Declaratory Judgement And Respondents Request To Vacate The Hearing Date and Exhibits 1-31, #2 Unredacted Document Petitioner Veronica McCluskeys Request For Judicial Notice)(Mogan, Michael) |
| Filing 27 PROOF OF SERVICE filed by Respondents Sanaz Ebrahini, Jeff Henry, Dave Willner, re Objection/Opposition (Motion related), #26 served on September 24, 2021. (Floyd, Michele) |
| Filing 26 Objection in opposition to re: NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Respondents Waived Their Right To Arbitration Under 9 U.S.C.A. 3 And The Arbitration Forum Is Institutionally Biased Rendering The Parties Arbitration Contract Unenforceable; Or In The Alt #17 filed by Respondents Sanaz Ebrahini, Jeff Henry, Dave Willner. (Attachments: #1 Proposed Order)(Floyd, Michele) |
| Filing 25 PROOF OF SERVICE filed by Respondents Sanaz Ebrahini, Jeff Henry, Dave Willner, re NOTICE OF MOTION AND MOTION to Dismiss for Insufficient Service of Process #24 , Certificate/Notice of Interested Parties, #23 served on September 21, 2021. (Floyd, Michele) |
| Filing 24 NOTICE OF MOTION AND MOTION to Dismiss for Insufficient Service of Process filed by Respondents Sanaz Ebrahini, Jeff Henry, Dave Willner. Motion set for hearing on 10/25/2021 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Declaration of Rachael Chan, #2 Declaration of Sanaz Ebrahimi, #3 Declaration of Jeff Henry, #4 Declaration of Dave Willner, #5 Proposed Order) (Floyd, Michele) |
| Filing 23 NOTICE of Interested Parties filed by Respondents Sanaz Ebrahini, Jeff Henry, Dave Willner, identifying Airbnb, Inc.. (Attorney Michele Floyd added to party Sanaz Ebrahini(pty:res), Attorney Michele Floyd added to party Jeff Henry(pty:res), Attorney Michele Floyd added to party Dave Willner(pty:res))(Floyd, Michele) |
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Filing 22
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 (Related Case) filed. Transfer of case declined by Judge Percy Anderson, for the reasons set forth on this order. Related Case No. 2:17-cv-09613 PA(PJWx) (rn)
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| Filing 21 PROOF OF SERVICE filed by Petitioner Veronica McCluskey, re Proof of Service (subsequent documents), #20 served on 9.17.2021. (Mogan, Michael) |
| Filing 20 PROOF OF SERVICE filed by Petitioner Veronica McCluskey, re NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Respondents Waived Their Right To Arbitration Under 9 U.S.C.A. 3 And The Arbitration Forum Is Institutionally Biased Rendering The Parties Arbitration Contract Unenforceable; Or In The Alt #17 served on 9/16/2021. (Mogan, Michael) |
| Filing 19 PROOF OF SERVICE filed by Respondents Sanaz Ebrahini, Jeff Henry, Dave Willner, re Notice of Related Case(s) #18 served on September 16, 2021. (Floyd, Michele) |
| Filing 18 NOTICE of Related Case(s) filed by Respondents Sanaz Ebrahini, Jeff Henry, Dave Willner. Related Case(s): 2:19-cv-09613-PA-PJW (Floyd, Michele) |
| Filing 17 NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Respondents Waived Their Right To Arbitration Under 9 U.S.C.A. 3 And The Arbitration Forum Is Institutionally Biased Rendering The Parties Arbitration Contract Unenforceable; Or In The Alternative For An Order That The Arbitrator Be Removed And That Arbitration Proceedings Be Completed In 60 Days filed by Petitioner Veronica McCluskey. Motion set for hearing on 10/18/2021 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum Petitioner Veronica McCluskeys Motion For Declaratory Judgement That Respondents Waived Their Right To Arbitration Under 9 U.S.C.A. 3 And The Arbitration Forum Is Institutionally Biased Rendering The Parties Arbitration Contract Unenforceable; Or In The Alternative For An Order That The Arbitrator Be Removed And That Arbitration Proceedings Be Completed In 60 Days, #2 Declaration Declaration Of Veronica McCluskey, #3 Declaration Declaration of Michael Mogan and Exhibits 1-9, #4 Declaration Declaration of Michael Mogan and Exhibits 10-24, #5 Declaration Declaration of Michael Mogan and Exhibits 25-48, #6 Proposed Order Proposed Order) (Mogan, Michael) |
| Filing 16 First AMENDED PETITION against Respondents Sanaz Ebrahini, Jeff Henry, Dave Willner amending Petition (Attorney Civil Case Opening), #1 , filed by Petitioner Veronica McCluskey(Mogan, Michael) |
| Filing 15 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #12 , Summons Request #10 . The following error(s) was found: Request for summons are duplicate requests for the same defendants. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (es) |
| Filing 14 21 DAY Summons Issued re Petition (Attorney Civil Case Opening), #1 as to Defendant Sanaz Ebrahini, Jeff Henry, Dave Willner. (Attachments: #1 Summons.Ebrahini, #2 Summons.Henry)(es) |
| Filing 13 Request for Clerk to Issue Summons on Petition (Attorney Civil Case Opening), #1 filed by Petitioner Veronica McCluskey. (Mogan, Michael) |
| Filing 12 Request for Clerk to Issue Summons on Petition (Attorney Civil Case Opening), #1 filed by Petitioner Veronica McCluskey. (Mogan, Michael) |
| Filing 11 Request for Clerk to Issue Summons on Petition (Attorney Civil Case Opening), #1 filed by Petitioner Veronica McCluskey. (Mogan, Michael) |
| Filing 10 Request for Clerk to Issue Summons on Petition (Attorney Civil Case Opening), #1 filed by Petitioner Jeff Henry. (Mogan, Michael) |
| Filing 9 Request for Clerk to Issue Summons on Petition (Attorney Civil Case Opening), #1 filed by Petitioner Veronica McCluskey. (Mogan, Michael) |
| Filing 8 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Petition (Attorney Civil Case Opening), #1 . The following error(s) was found: Other error(s) with document(s): Attachments No. 1 Civil Cover Sheet should not have been attached to Docket Entry No. 1. You are not required to take any action to correct this deficiency unless the Court so directs. (lh) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Charles F. Eick. (lh) |
| Filing 3 NOTICE of New Case Number and Judge Assignment by Clerk. This case is hereby converted from case type MC to case type CV because the incorrect case type was used at case opening. A new case number has therefore been assigned to this case. District Judge James V. Selna and Magistrate Judge Charles F. Eick are assigned to this new case number. All future documents must be filed under the new case number, which is 2:21-cv-07014 JVS (Ex). The previous case number, 2:21-mc-01058, is hereby terminated. (lh) |
| Filing 2 CERTIFICATE of Interested Parties filed by Petitioner VERONICA MCCLUSKEY, identifying Airbnb Inc. and Steven Sauer. (Mogan, Michael) |
| Filing 1 PETITION with filing fee previously paid (402 paid on 08/31/2021, receipt number 31900028), filed by PETITIONER VERONICA MCCLUSKEY. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Attorney Michael S Mogan added to party VERONICA MCCLUSKEY(pty:pet))(Mogan, Michael) |
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