Gamal Soloman v. Alex Villanueva
| Gamal Soloman |
| Alex Villenueva, Donald Steele, Jeff Prang, Joyce Caplan, Lenny Ross, Julie Mistros, Chris Mistros, Richard Ivester, Amy Ivester, Ivester and Associates, Inc., Ashley Manara Soloman, Lilah Noelle Soloman, Washington Mutual, Chase Bank, Jan Caplan, DOES 1 through 10, inclusive, Jeannie Cross, Ellen Model, Berkshire Hathaway Home Services California Properties, Alex Villanueva, DOES 4 through 10, inclusive and DOE |
| 2:2021cv07722 |
| September 28, 2021 |
| US District Court for the Central District of California |
| Alexander F MacKinnon |
| Virginia A Phillips |
| Jean P Rosenbluth |
| Karen E Scott |
| Josephine L Staton |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 25, 2022. A more recent docket listing may be available from PACER.
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Filing 60
MINUTES (IN CHAMBERS): Order to Show Cause Why Defendant Jeff Prang Should Not Be Dismissed for Lack of Jurisdiction by Magistrate Judge Karen E. Scott: IT IS HEREBY ORDERED that: 1. On or before July 1, 2022, Plaintiff is ordered to show cause why Defendant Prang should not be dismissed for lack of jurisdiction. Plaintiff can discharge this Order by doing one of the following: a. If Plaintiff disagrees with the Court's above analysis, then he must explain why the TIA and/or Fair Assessment do not bar his claims in this Court; b. If Plaintiff agrees that the Court lacks jurisdiction over his claims against Defendant Prang without prejudice to seeking state remedies, then he must file a voluntary notice of dismissal as to that Defendant Prang. A copy of Form CV-09 Notice of Dismissal is attached to this Order. [See Order for further details.] (es)
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Filing 59
MINUTE ORDER (IN CHAMBERS): Order Denying Defendant's Request for Judicial Notice (Dkt. #51 -1) but Granting Judicial Notice of Complete, Accurate Superior Court Records by Magistrate Judge Karen E. Scott: See Order for details. (es)
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| Filing 58 NOTICE of Interested Parties filed by Defendant Jeff Prang, (Mathevosian, Rina) |
| Filing 57 ANSWER to Amended Complaint, #12 JURY DEMAND. filed by Defendant Jeff Prang.(Attorney Rina Michelle Mathevosian added to party Jeff Prang(pty:dft))(Mathevosian, Rina) |
| Filing 56 RESPONSE IN SUPPORT of First NOTICE OF MOTION AND MOTION to Dismiss Case #29 filed by Defendant Ellen Model. (Obrand, Michael) |
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Filing 55
MINUTES(IN CHAMBERS): Order re Defendant's Request forJudicial Notice (Dkt. 51-1) by Magistrate Judge Karen E. Scott: They request that the Court take judicial notice of the following documents: Exhibit 1: Page 1 of an Interlocutory Judgment dated June 10, 2021, in Los Angeles County Superior Court case no. 19STCV41179 (the "Partition Action"). (Dkt. 51-1 at 3-5.) The Court may take judicial notice of undisputed matters of public record. [See document for further details.] (et)
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| Filing 54 PLAINTIFF'S AUTHORIZED SURE-REPLY BRIEF filed by Plaintiff Gamal Soloman. (jp) |
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Filing 53
ORDER DISMISSING DEFENDANTS RICHARD IVESTER, AMY IVESTER, AND IVESTER & ASSOCIATES, INC. by Judge Josephine L. Staton, Based on Plaintiff's above-quoted responses, the Court understands that Plaintiff has abandoned his claims against the Ivester Defendants and does not intend to prosecute them. The Court, therefore, dismisses all claims against the Ivester Defendants without prejudice. Ivester and Associates, Inc., Amy Ivester and Richard Ivester terminated. [See Order for details.] (es)
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Filing 52
MINUTE ORDER (IN CHAMBERS): Order Re Further Briefing on Motion to Dismiss (Dkt. 29) by Magistrate Judge Karen E. Scott: The Court authorizes Plaintiff to file a sur-reply on or before May 20, 2022. In his sur-reply, Plaintiff may raise whatever arguments he wishes to raise, but at a minimum he should include answers to the following questions: re: First NOTICE OF MOTION AND MOTION to Dismiss Case #29 See Order for further details. (es)
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| Filing 51 SUPPLEMENT to First NOTICE OF MOTION AND MOTION to Dismiss Case #29 , NOTICE OF MOTION AND MOTION for Extension of Time to File Opposition and Response to NOTICE OF MOTION AND MOTION to Continue Re: First NOTICE OF MOTION AND MOTION to Dismiss Case #29 #39 filed by Defendant Ellen Model. (Attachments: #1 Exhibit Request for Judicial Notice)(Obrand, Michael) |
| Filing 50 Plaintiff's RESPONSE and Opposition to Dismissal of Certain Parties #29 filed by Plaintiff Gamal Soloman. (es) |
| Filing 49 SCHEDULING NOTICE by Magistrate Judge Karen E. Scott re MOTION to Dismiss Case #29 . The hearing on the motion previously scheduled for 04/26/2022 at 10:30 AM is taken OFF CALENDAR. The Court will set the motion for a hearing if it deems appropriate. See Local Rule 7-15. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jdo) TEXT ONLY ENTRY |
| Filing 48 REPLY in support of motion First NOTICE OF MOTION AND MOTION to Dismiss Case #29 , REQUEST for Extension of Time to File #11 filed by Defendant Berkshire Hathaway Home Services California Properties. (Obrand, Michael) |
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Filing 47
MINUTE ORDER IN CHAMBERS by Magistrate Judge Karen E. Scott Requesting Further Briefing on Motion to Dismiss #29 . To assist the Court in addressing these jurisdictional arguments, the Court sua sponte extends the Berkshire Hathaway Defendants deadline to file a reply to April 29, 2022, and asks that they consider and address the questions below. Upon receipt, the Court will authorize Plaintiff to file a sur-reply addressing the reply and any other questions raised by the Court. (See document for details.) (jdo)
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| Filing 46 CORPORATE DISCLOSURE STATEMENT filed by Defendant Chase Bank identifying JPMorgan Chase & Co. as Corporate Parent. (Sharma, Dhruv) |
| Filing 45 ANSWER to Amended Complaint, #12 filed by Defendant Chase Bank.(Attorney Dhruv M Sharma added to party Chase Bank(pty:dft))(Sharma, Dhruv) |
| Filing 44 Plaintiff's OPPOSITION to Motion to Dismiss by Defendants Model and Berkshire Hathaway; Memorandum of Points and Authorities Thereto > #29 filed by Plaintiff Gamal Soloman. (es) |
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Filing 43
MINUTES (IN CHAMBERS): Order to Show Cause Why Defendants Jeff Prang, Richard Ivester, Amy Ivester, Ivester & Associates, Washington Mutual, and Chase Bank Should Not Be Dismissed by Magistrate Judge Karen E. Scott: IT IS HEREBY ORDERED that: 1. On or before April 22, 2022, Plaintiff must show cause why Defendants Prang, Washington Mutual, and Chase Bank should not be dismissed for failure to prosecute. [See Order for details.] (es)
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Filing 42
MINUTES (IN CHAMBERS): Order GRANTING Plaintiff's Motion for an Extension of Time to Oppose Motion to Dismiss (Dkt. #39 ) by Magistrate Judge Karen E. Scott: The Berkshire Hathaway Defendants did not oppose Plaintiff's request for an extension by 3/28/22, as instructed per Dkt. 41. The Court, therefore, GRANTS Plaintiff an extension of time to oppose the Berkshire Hathaway Defendants' motion to dismiss. The new briefing schedule and hearing date will be as follows: Opposition: Due on or before April 11, 2022; Reply: Due on or before April 19, 2022; and Hearing: On April 26, 2022, at 10:30 a.m. before Judge Scott. (et)
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Filing 41
MINUTES (IN CHAMBERS) Order TENTATIVELY GRANTING Plaintiff's Motion for an Extension of Time to Oppose Motion to Dismiss (Dkt. 39) by Magistrate Judge Karen E. Scott: IT IS HEREBY ORDERED that Defendants may file an opposition to Plaintiff's ex parte motion for extension of time (Dkt. 39) on or before March 28, 2022. If no opposition is received by that date, the Court will enter an order extending the briefing deadlines and hearing date for Defendants' motion to dismiss (Dkt. 29) as described above in Section II.B. Granting #39 MOTION for Extension of Time. [See Order for details.] (es)
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| Filing 39 Plaintiff's NOTICE OF MOTION AND MOTION to Extend Time to File and Serve Opposition and Response to Pending Motion to Dismiss by Defendants Modell and Berkshire Hathaway; Further MOTION to Continue Hearing Date of Motion to Dismiss; Memorandum of Points and Authorities Thereto; Declaration in Support Thereof Re: First NOTICE OF MOTION AND MOTION to Dismiss Case #29 filed by plaintiff Gamal Soloman. Motion set for hearing on 5/13/2022 at 10:30 AM before Magistrate Judge Karen E. Scott. (es) |
| Filing 38 NOTICE of Interested Parties filed by Defendants Donald Steele, Alex Villanueva, (Mathevosian, Rina) |
| Filing 37 ANSWER to Amended Complaint, #12 JURY DEMAND. filed by Defendants Donald Steele, Alex Villanueva.(Attorney Rina Michelle Mathevosian added to party Donald Steele(pty:dft), Attorney Rina Michelle Mathevosian added to party Alex Villanueva (pty:dft))(Mathevosian, Rina) |
| Filing 36 TEXT ONLY ENTRY: NOTICE TO PARTIES by District Judge Josephine L. Staton - Effective Monday, March 21, 2022, Judge Josephine L. Staton will be located in the First Street U.S. Courthouse, Courtroom 8A, on the 8th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 8A of the First Street U.S. Courthouse unless otherwise ordered by the Court. For additional information regarding mandatory chambers copies and the use of Zoom hearings in civil matters, please refer to Judge Staton's Procedures & Schedules Page on the Court's website: https://www.cacd.uscourts.gov/honorable-josephine-l-staton. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
| Filing 35 PROOF OF SERVICE BY MAIL filed by plaintiff Gamal Soloman, re RESPONSE, #34 served on 3/4/22. (es) |
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Filing 34
PLAINTIFF'S RESPONSE TO VOID AN ILLEGAL ORDER OF FEBRUARY 22, 2022, BY MAGISTRATE JUDGE KAREN E. SCOTT; DECLARATION OF GAMAL SOLOMAN THERETO; EXHIBITS; NOTICE THAT PLAINTIFF HAS SERVED ALL NAMED DEFENDANTS THAT HE PRESENTLY WISHES IN THE LAWSUIT; OBJECTION TO AFORESAID VOID ORDER AND REQUEST THAT SAME BE STRICKEN, #20 filed by Plaintiff Gamal Soloman (es)
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| Filing 33 NOTICE Notice of Interested Parties filed by defendants Berkshire Hathaway Home Services California Properties, Ellen Model. (Obrand, Michael) |
| Filing 32 SCHEDULING NOTICE by Magistrate Judge Karen E. Scott re: MOTION to Dismiss Case #29 erroneously scheduled before the District Judge for July 22, 2022 at 10:30 AM has been rescheduled. Motion is now set for hearing on 4/12/2022 at 10:00 AM before Magistrate Judge Karen E. Scott. Deadline to file opposition is 3/22/2022. Deadline to file a Reply to Opposition is 3/29/2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jdo) TEXT ONLY ENTRY |
| Filing 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First NOTICE OF MOTION AND MOTION to Dismiss Case #29 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (es) |
| Filing 30 REQUEST FOR JUDICIAL NOTICE re First NOTICE OF MOTION AND MOTION to Dismiss Case #29 filed by Defendants Berkshire Hathaway Home Services California Properties, Ellen Model. (Obrand, Michael) |
| Filing 29 First NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendants Berkshire Hathaway Home Services California Properties, Ellen Model. Motion set for hearing on 7/22/2022 at 10:30 AM before Judge Josephine L. Staton. (Attachments: #1 Proposed Order) (Attorney Michael F Obrand added to party Berkshire Hathaway Home Services California Properties(pty:dft), Attorney Michael F Obrand added to party Ellen Model(pty:dft)) (Obrand, Michael) |
| Filing 28 PROOF OF SERVICE Executed by Plaintiff Gamal Soloman, upon Defendant Julie Mistros served on 2/11/2022, answer due 3/4/2022. Service of the Summons and Complaint were executed upon Julie Mistos in compliance with statute not specified by personal service. Original Summons returned. (es) |
| Filing 27 PROOF OF SERVICE Executed by Plaintiff Gamal Soloman, upon Defendant Jeannie Cross served on 2/9/2022, answer due 3/2/2022. Service of the Summons and Complaint were executed upon Jeannie Cross in compliance with statute not specified by personal service. Original Summons returned. (es) |
| Filing 26 PROOF OF SERVICE Executed by Plaintiff Gamal Soloman, upon Defendant Ashley Manara Soloman served on 2/7/2022, answer due 2/28/2022. Service of the Summons and Complaint were executed upon Ashley Manara Soloman in compliance with statute not specified by personal service. Original Summons returned. (es) |
| Filing 25 PROOF OF SERVICE Executed by Plaintiff Gamal Soloman, upon Defendant Alex Villanueva served on 2/10/2022, answer due 3/3/2022. Service of the Summons and Complaint were executed upon Tarah Reany, Operation Assistant Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (es) |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff Gamal Soloman, upon Defendant Berkshire Hathaway Home Services California Properties served on 2/10/2022, answer due 3/3/2022. Service of the Summons and Complaint were executed upon Tanner Searles, Secretary in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (es) |
| Filing 23 PROOF OF SERVICE Executed by Plaintiff Gamal Soloman, upon Defendant Ellen Model served on 2/9/2022, answer due 3/2/2022. Service of the Summons and Complaint were executed upon Adrian Villezas, Front Desk in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (es) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Gamal Soloman, upon Defendant Donald Steele served on 2/10/2022, answer due 3/3/2022. Service of the Summons and Complaint were executed upon P. Gunjal, Clerk Authorized to Accept in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (es) |
| Filing 21 ORIGINAL SUMMONS RETURNED filed by plaintiff Gamal Soloman. (es) |
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Filing 20
MINUTES (IN CHAMBERS) Order DENYING Without Prejudice Plaintiff's Request for an Extension of Time to Serve Defendants (Dkt. 18) by Magistrate Judge Karen E. Scott: Plaintiff's request for an extension (Dkt. 18) is therefore denied without prejudice to Plaintiff filing a second request for less time supported by more specific facts that are sufficient to show good cause as to each unserved defendant. Plaintiff shall file his second request on or before March 4, 2022, or the Court may recommend dismissal of the unserved defendants for failure to prosecute. Denying #18 REQUEST for Extension of Time. [See Order for details.] (es)
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| Filing 19 ANSWER to Amended Complaint, #12 filed by Defendant Jan Caplan, Joyce Caplan, Jeannie Cross, Chris Mistros, Julie Mistros, Lenny Ross, Ashley Manara Soloman, Lilah Noelle Soloman.(Attorney Ronald Appel added to party Jan Caplan(pty:dft), Attorney Ronald Appel added to party Joyce Caplan(pty:dft), Attorney Ronald Appel added to party Jeannie Cross(pty:dft), Attorney Ronald Appel added to party Chris Mistros(pty:dft), Attorney Ronald Appel added to party Julie Mistros(pty:dft), Attorney Ronald Appel added to party Lenny Ross(pty:dft), Attorney Ronald Appel added to party Ashley Manara Soloman(pty:dft), Attorney Ronald Appel added to party Lilah Noelle Soloman(pty:dft))(Appel, Ronald) |
| Filing 18 Plaintiff's NOTICE OF MOTION AND MOTION for 60-Day Extension of Time to Serve Certain Defendants and Lodge Proofs of Service; Memorandum of Points and Authorities Thereto; Declaration of Gamal Soloman in Support Thereof filed by plaintiff Gamal Soloman. (es) |
| Filing 40 NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and referred to Magistrate Judge Karen E. Scott. (rn) |
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Filing 17
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Patricia Donahue. ORDER case returned to the Clerk for random reassignment General Order 05-07 pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Patricia Donahue to Magistrate Judge Karen E. Scott for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-07722 JLS(KES). (rn)
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| Filing 16 21 DAY Summons Issued re Amended Complaint, #12 as to Defendant(s) Berkshire Hathaway Home Services California Properties, Jan Caplan, Joyce Caplan, Chase Bank, Jeannie Cross, Amy Ivester, Richard Ivester, Ivester and Associates, Inc., Chris Mistros, Julie Mistros, Ellen Model, Jeff Prang, Lenny Ross, Ashley Manara Soloman, Lilah Noelle Soloman, Donald Steele, Alex Villanueva, Washington Mutual. (es) |
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Filing 15
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Karen L. Stevenson. ORDER case returned to the Clerk for random reassignment General Order 05-07 pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Karen L. Stevenson to Magistrate Judge Patricia Donahue for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-07722 JLS(PD). (rn)
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Filing 14
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Jean P. Rosenbluth. ORDER case returned to the Clerk for random reassignment General Order 05-07 pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Jean P. Rosenbluth to Magistrate Judge Karen L. Stevenson for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-07722 JLS(KS). (rn)
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Filing 13
MINUTES (IN CHAMBERS) Order Discharging Order to Show Cause and Extending Time for Service by Magistrate Judge Jean P. Rosenbluth: Plaintiff's request for a 45-day extension is DENIED, but the Court will give him 30 additional days from the date of this Order to serve Defendants. He must file proofs of service no later than one week after the service period ends. If he does not timely comply with this order, his lawsuit will likely be dismissed. The OSC is DISCHARGED. re: #10 Order to Show Cause; Denying #11 Request for Extension of Time. [See document for further details.] (es)
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| Filing 12 FIRST AMENDED COMPLAINT against defendant(s) Jan Caplan, Joyce Caplan, Chase Bank, DOES, Amy Ivester, Richard Ivester, Ivester and Associates, Inc., Chris Mistros, Julie Mistros, Jeff Prang, Lenny Ross, Ashley Manara Soloman, Lilah Noelle Soloman, Donald Steele, Alex Villanueva, Washington Mutual, Jeannie Cross, Ellen Model, Berkshire Hathaway Home Services California Properties amending Complaint - (Discovery), #1 , filed by plaintiff Gamal Soloman(es) |
| Filing 11 Plaintiff's RESPONSE AND OPPOSITION to Order to Show Cause, #10 and Notice of Above Referenced Address Change; Declaration of Gamal Soloman Thereto; Request that Plaintiff be Granted Additional 45 Days to Serve Defendants Based Upon Good Cause filed by Plaintiff Gamal Soloman (es) Modified on 1/14/2022 (es). |
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Filing 10
MINUTES (IN CHAMBERS): Order to Show Cause re Service by Magistrate Judge Jean P. Rosenbluth: No later than 14 days from the date of this order, Plaintiff must show good cause in writing for why he has apparently failed to serve Defendants with his Complaint and file proofs of service. If he does not timely and satisfactorily respond to this order, his lawsuit will likely be dismissed for failure to serve and failure to obey court orders. [See order for further details.] (es)
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Filing 9
MINUTE ORDER (IN CHAMBERS) Order re Service of Complaint by Magistrate Judge Jean P. Rosenbluth: This case has been referred to U.S. Magistrate Judge Jean Rosenbluth. Under Rule 4(m) of the Federal Rules of Civil Procedure, service of the summons and complaint generally must be accomplished on each named defendant within 90 days after filing of the complaint. No later than one week after that 90-day period has expired, Plaintiff must file with the Court a separate proof of service for each defendant served within the 90-day period. re: Complaint - (Discovery), #1 . [See document for further details.] (es)
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Filing 8
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 21-01 by Judge Cormac J. Carney. Case transferred from Judge Cormac J. Carney to the calendar of Judge Josephine L. Staton for all further proceedings. Case number now reads as 2:21-cv-07722-JLS(JPR). (dta)
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| Filing 7 NOTICE OF CLERICAL ERROR: Due to clerical error the case assignment is a Civil Rights (1983) vice Discovery assignment. this case has been reassigned from Magistrate Judge Alexander F. MacKinnon and Judge Virginia A. Phillips to Judge Cormac J. Carney and Magistrate Judge Jean P. Rosenbluth for all further proceedings. The case will now reflect the initials of the transferee Judge 2:21-cv-07722 CJC(JPR). (rn) |
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Filing 6
STANDING ORDER by Judge Virginia A. Phillips. See Order for details. (cch)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips and Magistrate Judge Alexander F. MacKinnon. (jtil) |
| Filing 3 21 DAY Summons Issued re Complaint - (Discovery) #1 as to All Defendants. (jtil) |
| Filing 2 CERTIFICATE of Interested Parties filed by Plaintiff Gamal Soloman. (jtil) |
| Filing 1 COMPLAINT filed by Plaintiff Gamal Soloman against Defendants Jan Caplan, Joyce Caplan, Chase Bank, Amy Ivester, Richard Ivester, Ivester and Associates, Inc., Chris Mistros, Julie Mistros, Jeff Prang, Lenny Ross, Ashley Manara Soloman, Lilah Noelle Soloman, Donald Steele, Alex Villenueva, Washington Mutual. Case assigned to Judge Virginia A. Phillips for all further proceedings. Discovery referred to Magistrate Judge Alexander F. MacKinnon. (Filing fee $ 402 Paid.) Jury Demand. (Attachments: #1 CV71) (jtil) |
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