ADAM SILVER v. DAVID DUEL et al
| Adam Silver |
| DAVID DUEL, REBECCA DUEL, ILANA YAMTOOBIAN, TERRY POLESIE, KATHY COOK, RAFFI SHIRINIAN, DAVID NOURAFSHAN, URBAN BLOX LLC, URBAN BLOX CRIMINAL ENTERPRISE, SURF REALTY CORPORATION, R&LS Investments, Inc., KIMBERLY ROBERTS STEPP, STEPP COMMERCIAL, THORNTON PROPERTY ONE LLC, RIF INVESTMENTS-2 LLC, CENTRAL REALTY ADVISORS, INC., URBAN DEVELOPER LLC, S BONITA ONE, LLC, 351 SB TWO LLC, IY EK PARTNERS, LLC, 27 OZONE, LLC, NOURAFSHAN VENICE PROPERTIES, LLC, FORWARD MANAGEMENT LONG BEACH, INC., JOSEPH MISKABI, LAW OFFICES OF JOSEPH MISKABI, RICHARD DAGGENHURST, FELMAN, DAGGENHURST & EL DABE and DAGGENHURST LAW PC |
| 2:2021cv09522 |
| December 8, 2021 |
| US District Court for the Central District of California |
| Percy Anderson |
| Karen L Stevenson |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 19, 2022. A more recent docket listing may be available from PACER.
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| Filing 95 Notice of Appearance or Withdrawal of Counsel: for attorney Marc S Shapiro counsel for Defendants TERRY POLESIE, SURF REALTY CORPORATION. Kristina Pardio Ross is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants TERRY POLESIE and SURF REALTY CORPORATION. (Shapiro, Marc) |
| Filing 94 Notice of Appearance or Withdrawal of Counsel: for attorney Marc S Shapiro counsel for Defendants TERRY POLESIE, SURF REALTY CORPORATION. Adding Christopher G. Kerr as counsel of record for Defendants TERRY POLESIE and SURF REALTY CORPORATION for the reason indicated in the G-123 Notice. Filed by Defendants TERRY POLESIE and SURF REALTY CORPORATION. (Shapiro, Marc) |
| Filing 93 Notice of Electronic Filing re Judgment,,, #92 , Order on Motion to Dismiss Case,,,,,,,,,,,,,,,,,,, #91 e-mailed to nmm@manningllp.com bounced due to 5.1.0 - Unknown address error 550-'Invalid Recipient - https://community.mimecast.com/docs/DOC-1369#550. 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. (ew) TEXT ONLY ENTRY |
| Filing 92 JUDGMENT by Judge Percy Anderson. Pursuant to the Court's January 3, 2022 Minute Order, which declined to exercise supplemental jurisdiction over the state law claims asserted in the original Complaint filed by plaintiff Adam Silver ("Plaintiff") and dismissed those claims without prejudice, and the Court's July 11, 2022 Minute Order, which dismissed Plaintiff's federal claims brought pursuant to the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. 1962(a) & (c), asserted in Plaintiff's Second Amended Complaint without leave to amend and with prejudice, it is IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff's state law claims are dismissed without prejudice and that the RICO claims are dismissed with prejudice. (MD JS-6, Case Terminated). (aco) |
Filing 91
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The hearing calendared for July 18, 2022, is vacated, and the matters taken off calendar. For all of the foregoing reasons, the Court concludes that the 2nd AC fails to allege a viable RICO claim under either 18 U.S.C. 1962(c) or 1962(d). The Court therefore grants the Motions to Dismiss filed by defendants. The Court therefore dismisses the 2nd AC's RICO claims with prejudice and without leave to amend. The Court will issue a Judgment consistent with this Order. (SEE DOCUMENT FOR FURTHER DETAILS); granting #83 MOTION to Dismiss Case ; granting #84 MOTION to Dismiss ; granting #85 MOTION to Dismiss ; granting #86 MOTION to Dismiss ; granting #87 MOTION to Dismiss. (aco)
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| Filing 90 REPLY Reply to Defs' Mtn to Dismiss Second Amended Complaint filed by Defendants 27 OZONE, LLC, 351 SB TWO LLC, DAVID DUEL, REBECCA DUEL, IY EK PARTNERS, LLC, DAVID NOURAFSHAN, NOURAFSHAN VENICE PROPERTIES, LLC, RIF INVESTMENTS-2 LLC, S BONITA ONE, LLC, RAFFI SHIRINIAN, THORNTON PROPERTY ONE LLC, URBAN BLOX LLC, URBAN DEVELOPER LLC, ILANA YAMTOOBIAN. (Attorney Jonathan D Marshall added to party RAFFI SHIRINIAN(pty:dft))(Marshall, Jonathan) |
| Filing 89 REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss Notice of Motion and Motion of Defendants Kimberly Roberts Stepp, an individual and doing business as Stepp Commercial; and R&LS Investments, Inc. to Dismiss Plaintiff's Second Amended Complaint for Fail #86 filed by Defendants R&LS Investments, Inc., KIMBERLY ROBERTS STEPP, STEPP COMMERCIAL. (Markow, Ari) |
| Filing 88 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #87 , NOTICE OF MOTION AND MOTION to Dismiss Notice of Motion and Motion of Defendants Kimberly Roberts Stepp, an individual and doing business as Stepp Commercial; and R&LS Investments, Inc. to Dismiss Plaintiff's Second Amended Complaint for Fail #86 , NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's Second Amended Complaint #83 , NOTICE OF MOTION AND MOTION to Dismiss SECOND AMENDED COMPLAINT #85 , NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint Pursuant to FRCP 12(b)(6) #84 filed by Plaintiff Adam Silver. (Schwimer, Michael) |
| Filing 87 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant CENTRAL REALTY ADVISORS, INC.. Motion set for hearing on 7/18/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order) (Acker, Stephen) |
| Filing 86 NOTICE OF MOTION AND MOTION to Dismiss Notice of Motion and Motion of Defendants Kimberly Roberts Stepp, an individual and doing business as Stepp Commercial; and R&LS Investments, Inc. to Dismiss Plaintiff's Second Amended Complaint for Failure to State a Claim; Memorandum of Points and Authorities; Declaration of Ari Markow filed by Defendants R&LS Investments, Inc., KIMBERLY ROBERTS STEPP, STEPP COMMERCIAL. Motion set for hearing on 7/18/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order) (Markow, Ari) |
| Filing 85 NOTICE OF MOTION AND MOTION to Dismiss SECOND AMENDED COMPLAINT filed by Defendants TERRY POLESIE, SURF REALTY CORPORATION. Motion set for hearing on 7/18/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING DEFENDANTS TERRY POLESIE AND SURF REALTY CORPORATIONS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT) (Shapiro, Marc) |
| Filing 84 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint Pursuant to FRCP 12(b)(6) filed by Defendants LAW OFFICES OF JOSEPH MISKABI, JOSEPH MISKABI. Motion set for hearing on 7/18/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order) (Johansson, Patrik) |
| Filing 83 NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's Second Amended Complaint filed by Defendants 27 OZONE, LLC, 351 SB TWO LLC, DAVID DUEL, REBECCA DUEL, IY EK PARTNERS, LLC, DAVID NOURAFSHAN, NOURAFSHAN VENICE PROPERTIES, LLC, RIF INVESTMENTS-2 LLC, S BONITA ONE, LLC, THORNTON PROPERTY ONE LLC, URBAN BLOX LLC, URBAN DEVELOPER LLC, ILANA YAMTOOBIAN. Motion set for hearing on 7/18/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order Proposed Order re Mtn to Dismiss SAC) (Attorney Jonathan D Marshall added to party 27 OZONE, LLC (pty:dft), Attorney Jonathan D Marshall added to party 351 SB TWO LLC(pty:dft), Attorney Jonathan D Marshall added to party IY EK PARTNERS, LLC(pty:dft), Attorney Jonathan D Marshall added to party DAVID NOURAFSHAN(pty:dft), Attorney Jonathan D Marshall added to party NOURAFSHAN VENICE PROPERTIES, LLC(pty:dft), Attorney Jonathan D Marshall added to party RIF INVESTMENTS-2 LLC(pty:dft), Attorney Jonathan D Marshall added to party S BONITA ONE, LLC(pty:dft), Attorney Jonathan D Marshall added to party THORNTON PROPERTY ONE LLC(pty:dft), Attorney Jonathan D Marshall added to party URBAN BLOX LLC(pty:dft), Attorney Jonathan D Marshall added to party URBAN DEVELOPER LLC (pty:dft), Attorney Jonathan D Marshall added to party ILANA YAMTOOBIAN(pty:dft)) (Marshall, Jonathan) |
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Filing 82
ORDER DENYING STIPULATION TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT by Judge Percy Anderson. RE Stipulation Extending Time to Answer (30 days or less), #81 (aco)
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| Filing 81 STIPULATION Extending Time to Answer the complaint as to TERRY POLESIE answer now due 6/20/2022; 27 OZONE, LLC answer now due 6/20/2022; CENTRAL REALTY ADVISORS, INC. answer now due 6/20/2022; DAVID DUEL answer now due 6/20/2022; REBECCA DUEL answer now due 6/20/2022; IY EK PARTNERS, LLC answer now due 6/20/2022; LAW OFFICES OF JOSEPH MISKABI answer now due 6/20/2022; JOSEPH MISKABI answer now due 6/20/2022; DAVID NOURAFSHAN answer now due 6/20/2022; NOURAFSHAN VENICE PROPERTIES, LLC answer now due 6/20/2022; R&LS Investments, Inc. answer now due 6/20/2022; RIF INVESTMENTS-2 LLC answer now due 6/20/2022; KIMBERLY ROBERTS STEPP answer now due 6/20/2022; S BONITA ONE, LLC answer now due 6/20/2022; STEPP COMMERCIAL answer now due 6/20/2022; SURF REALTY CORPORATION answer now due 6/20/2022; Adam Silver answer now due 6/20/2022; THORNTON PROPERTY ONE LLC answer now due 6/20/2022; URBAN BLOX LLC answer now due 6/20/2022; URBAN DEVELOPER LLC answer now due 6/20/2022; ILANA YAMTOOBIAN answer now due 6/20/2022, re Amended Complaint/Petition #77 filed by Defendant TERRY POLESIE. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT)(Shapiro, Marc) |
| Filing 80 NOTICE of Interested Parties filed by PLAINTIFF Adam Silver, (Schwimer, Michael) |
| Filing 79 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Percy Anderson. The document is accepted as filed. Counsel are ordered to file their Notice of Interested Parties forthwith. See Local Rule 7.1-1. RE: Second Amended Complaint #77 . (aco) |
| Filing 78 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #77 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties. 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. (aco) |
| Filing 77 SECOND AMENDED COMPLAINT against DEFENDANTS All Defendants amending Amended Complaint/Petition #27 , filed by PLAINTIFF Adam Silver (Schwimer, Michael) |
| Filing 76 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123) #75 . The following error(s) was/were found: Incomplete docket text; 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 75 (Attorney Kristine Ann Tijam added to party DAVID NOURAFSHAN(pty:dft))(Tijam, Kristine) |
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Filing 74
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson. Plaintiff's deadline to file a Second Amended Complaint is May 23, 2022, which is prior to the date on which Polesie set the Motion. Because the Court has already dismissed the 1st AC, the Court denies Polesie's Motion to Dismiss as moot. Polesie shall file a timely response to the Second Amended Complaint should Plaintiff file one; denying as moot #71 MOTION to Dismiss Case. [SEE DOCUMENT FOR FURTHER DETAILS] (aco)
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| Filing 73 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other), #71 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Motion - Dismiss. Other error(s) with document(s): Please use the search feature and search for a specific word or phrase to find the correct efiling event. This event can be found: Motions and Related Filings Applications/Ex Parte Applications/Motions/Petitions/Request - Dismiss. The event will allow the filer to set a hearing on the Judge's calendar. 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 72 NOTICE of Interested Parties filed by Defendants TERRY POLESIE, SURF REALTY CORPORATION, (Shapiro, Marc) |
| Filing 71 NOTICE DEFENDANTS TERRY POLESIE AND SURF REALTY CORPORATIONS NOTICE AND MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT; DECLARATION OF KRISTINA M. PARIDO filed by Defendants TERRY POLESIE, SURF REALTY CORPORATION. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING DEFENDANTS TERRY POLESIE AND SURF REALTY CORPORATIONS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT)(Shapiro, Marc) Modified on 5/3/2022 (aco). Modified on 5/3/2022 (aco). Modified on 5/3/2022 (aco). |
| Filing 70 NOTICE of Interested Parties filed by Defendant CENTRAL REALTY ADVISORS, INC., (Acker, Stephen) |
| Filing 69 NOTICE of Appearance filed by attorney Stephen Acker on behalf of Defendant CENTRAL REALTY ADVISORS, INC. (Acker, Stephen) |
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Filing 68
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. For all of the foregoing reasons, the Court concludes that the 1st AC fails to allege a viable RICO claim under either 18 U.S.C. 1962(c) or 1962(d). The Court therefore grants the Motions to Dismiss filed by the Urban Blox Defendants and the Stepp Defendants and dismisses the 1st AC with leave to amend #31 #32 . Because the Court is dismissing the 1st AC with leave to amend, and the failure to adequately allege RICO standing, racketeering activity, and predicate acts also applies to the pending Motion to Dismiss filed by defendants Joseph Miskabi and Law Offices of Joseph Miskabi (the "Miskabi Defendants") (Docket No. #62 ), the Court concludes that no further briefing is necessary on that Motion to Dismiss and dismisses the 1st AC with leave to amend as to the Miskabi Defendants and all other defendants as well. Plaintiff's Second Amended Complaint, if any, shall be filed by no later than May 23, 2022. The Second Amended Complaint may not add new claims or additional defendants without leave of Court. The failure to file a Second Amended Complaint by May 23, 2022 may, without further warning, result in the dismissal of this action with prejudice. See minute order for details. (lom)
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| Filing 67 NOTICE OF DISMISSAL filed by PLAINTIFF Adam Silver pursuant to FRCP 41a(1) as to KATHY COOK. (Schwimer, Michael) |
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Filing 66
ORDER DENYING JOINT STIPULATION FOR COORDINATION/CONSOLIDATION UNDER F.R.C.P. RULE 42 #64 by Judge Percy Anderson. DENIED BY ORDER OF THE COURT. (iv)
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Filing 65
IN CHAMBERS ORDER TAKING MOTION UNDER ADVISEMENT by Judge Percy Anderson. A hearing on the Motion to Dismiss #31 and Motion to Dismiss #32 is scheduled for April 25, 2022, at 1:30 p.m. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds this matter appropriate for decision without oral argument. The hearing calendared for April 25, 2022, is vacated and the matter taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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| Filing 64 Joint STIPULATION to Consolidate Cases as to 2:21-cv-08934; 2:21-cv-09839; 2:21-cv-08935; 2:21-cv-09618; 2:21-cv-0963 filed by Defendants 27 OZONE, LLC, DAVID DUEL, REBECCA DUEL, IY EK PARTNERS, LLC, NOURAFSHAN VENICE PROPERTIES, LLC, S BONITA ONE, LLC, RAFFI SHIRINIAN, THORNTON PROPERTY ONE LLC, URBAN BLOX LLC, URBAN DEVELOPER LLC, ILANA YAMTOOBIAN. (Attachments: #1 Proposed Order Proposed Order)(Attorney Vanessa Lynn Vinje added to party RAFFI SHIRINIAN(pty:dft))(Vinje, Vanessa) |
| Filing 63 NOTICE of Interested Parties filed by Defendants LAW OFFICES OF JOSEPH MISKABI, JOSEPH MISKABI, identifying Lawyers' Mutual Insurance Company. (Johansson, Patrik) |
| Filing 62 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) filed by Defendants LAW OFFICES OF JOSEPH MISKABI, JOSEPH MISKABI. Motion set for hearing on 5/23/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order) (Attorney Patrik Johansson added to party LAW OFFICES OF JOSEPH MISKABI(pty:dft), Attorney Patrik Johansson added to party JOSEPH MISKABI(pty:dft)) (Johansson, Patrik) |
| Filing 60 DECLARATION of Kristine A. Tijam RE: FAILURE TO COMPLY WITH LOCAL RULE 7-3 filed by Defendant DAVID NOURAFSHAN. (Tijam, Kristine) |
| Filing 59 NOTICE of Interested Parties filed by defendant DAVID NOURAFSHAN. and RIF INVESTMENTS-2 LLC (Tijam, Kristine) |
| Filing 58 NOTICE of Interested Parties filed by defendant DAVID NOURAFSHAN. and RIF INVESTMENTS-2 LLC (Tijam, Kristine) |
| Filing 57 DECLARATION of MITCH ROSENSWEIG re Minutes of In Chambers Order/Directive - no proceeding held, #52 filed by Plaintiff Adam Silver. (Schwimer, Michael) |
| Filing 61 FOR COURT USE ONLY: STATISTICAL CORRECTION Granting/Denying #37 re: Order #55 . (iv) |
| Filing 56 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: MOTION to Dismiss #50 , Deficiency in Electronically Filed Documents (G-112A) #51 , by Judge Percy Anderson. The document is accepted as filed. Notice of Interested Party lacking for defendants David Nourafshan and RIF Investments-2 LLC. Counsel are ordered to file their Notice of Interested Parties forthwith. See Local Rule 7.1-1. (hr) |
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Filing 55
ORDER RE: STIPULATION OF DISMISSAL [FRCP 41 (A)] AND ORDER OF DISMISSAL by Judge Percy Anderson. Pursuant to the stipulation of the parties under Federal Rule of Civil Procedure 41(a)(1)(ii), IT IS ORDERED TO DISMISS DEFENDANT FORWARD MANAGEMENT LONG BEACH, INC. FROM THIS ACTION, WITHOUT PREJUDICE. (rolm) Modified on 4/19/2022 (rolm).
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| Filing 54 DECLARATION of Vanessa Vinje IN RESPONSE TO OSC RE: SANCTIONS filed by Defendants 27 OZONE, LLC, DAVID DUEL, REBECCA DUEL, IY EK PARTNERS, LLC, NOURAFSHAN VENICE PROPERTIES, LLC, S BONITA ONE, LLC, THORNTON PROPERTY ONE LLC, URBAN BLOX LLC, URBAN DEVELOPER LLC, ILANA YAMTOOBIAN. (Vinje, Vanessa) |
| Filing 53 STIPULATION to Dismiss DEFENDANT FORWARD MANAGEMENT LONG BEACH, INC. filed by PLAINTIFF Adam Silver.(Schwimer, Michael) |
| Filing 51 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss #50 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Notice of Interested Party lacking for defendants David Nourafshan and RIF Investments-2 LLC. 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. (iv) |
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Filing 52
MINUTES (IN CHAMBERS) COURT ORDER by Judge Percy Anderson. The Court orders counsel for the Urban Blox Defendants and counsel for plaintiff to show cause in writing why they should not be sanctioned in an amount up to $2,000.00 for failing to comply with the requirements of Local Rule 7-3. The responses of counsel to the Order to Show Cause shall be filed by no later than April 19, 2022. (iv)
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| Filing 50 NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Complaint filed by Defendants 27 OZONE, LLC, DAVID DUEL, REBECCA DUEL, IY EK PARTNERS, LLC, DAVID NOURAFSHAN, NOURAFSHAN VENICE PROPERTIES, LLC, RIF INVESTMENTS-2 LLC, S BONITA ONE, LLC, THORNTON PROPERTY ONE LLC, URBAN BLOX LLC, URBAN DEVELOPER LLC, ILANA YAMTOOBIAN. Motion set for hearing on 5/23/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order Proposed Order) (Attorney Vanessa Lynn Vinje added to party THORNTON PROPERTY ONE LLC(pty:dft)) (Vinje, Vanessa) Modified on 4/18/2022 Per Order #52 (iv). Modified on 4/19/2022 (hr). |
| Filing 49 REPLY reply to plaintiff's opposition filed by Defendants 27 OZONE, LLC, DAVID DUEL, REBECCA DUEL, IY EK PARTNERS, LLC, DAVID NOURAFSHAN, NOURAFSHAN VENICE PROPERTIES, LLC, RIF INVESTMENTS-2 LLC, S BONITA ONE, LLC, URBAN BLOX LLC, URBAN DEVELOPER LLC, ILANA YAMTOOBIAN. (Attorney Vanessa Lynn Vinje added to party DAVID NOURAFSHAN(pty:dft), Attorney Vanessa Lynn Vinje added to party RIF INVESTMENTS-2 LLC(pty:dft))(Vinje, Vanessa) |
| Filing 48 OPPOSITION to to Dismiss Case #31 , NOTICE OF MOTION AND MOTION to Dismiss Case #32 filed by Plaintiff Adam Silver. (Schwimer, Michael) |
| Filing 47 NOTICE OF DISMISSAL filed by PLAINTIFF Adam Silver. (Schwimer, Michael) |
| Filing 46 STIPULATION Extending Time to Answer the complaint as to CENTRAL REALTY ADVISORS, INC. answer now due 4/27/2022, re Amended Complaint/Petition #27 filed by Defendant CENTRAL REALTY ADVISORS, INC..(Attorney Stephen Acker added to party CENTRAL REALTY ADVISORS, INC.(pty:dft))(Acker, Stephen) |
| Filing 45 PROOF OF SERVICE Executed by Plaintiff Adam Silver, upon Defendant LAW OFFICES OF JOSEPH MISKABI served on 3/30/2022, answer due 4/20/2022; JOSEPH MISKABI served on 3/30/2022, answer due 4/20/2022. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Attachments: #1 proof of service)(Schwimer, Michael) |
| Filing 44 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Motion to Dismiss #39 by Judge Percy Anderson. Document is stricken. Incorrect event selected. The Motion hearing has previously been advanced to April 25, 2022, at 1:30 p.m. See Document No. 31. (iv) |
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Filing 43
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT #40 by Judge Percy Anderson. Defendants must respond on or before April 29, 2022. (iv)
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| Filing 42 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss #39 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - Motions and Related Filings - Applications/Ex Parte Applications/Motions/Petitions/Requests. Motion appears to be a duplicate filing of motion filed 3/21/22 (Dkt.31). 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. (iv) |
| Filing 41 NOTICE of Appearance filed by attorney Marc S Shapiro on behalf of Defendants TERRY POLESIE, SURF REALTY CORPORATION (Shapiro, Marc) |
| Filing 40 STIPULATION Extending Time to Answer the complaint as to TERRY POLESIE answer now due 4/29/2022; SURF REALTY CORPORATION answer now due 4/29/2022, re Amended Complaint/Petition #27 filed by Defendants TERRY POLESIE; SURF REALTY CORPORATION. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT)(Attorney Marc S Shapiro added to party TERRY POLESIE(pty:dft), Attorney Marc S Shapiro added to party SURF REALTY CORPORATION(pty:dft))(Shapiro, Marc) |
| Filing 39 **STRICKEN** NOTICE filed by Defendants 27 OZONE, LLC, DAVID DUEL, REBECCA DUEL, IY EK PARTNERS, LLC, DAVID NOURAFSHAN, NOURAFSHAN VENICE PROPERTIES, LLC, RIF INVESTMENTS-2 LLC, S BONITA ONE, LLC, RAFFI SHIRINIAN, URBAN BLOX LLC, URBAN DEVELOPER LLC, ILANA YAMTOOBIAN. (Attachments: #1 Proposed Order Proposed Order)(Reagan, Barry) Modified on 3/31/2022 Per Response #44 (iv). |
| Filing 38 NOTICE of Interested Parties filed by Defendant FORWARD MANAGEMENT LONG BEACH, INC., identifying None. (Klier-Erlich, Rinat) |
| Filing 37 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant FORWARD MANAGEMENT LONG BEACH, INC.. Motion set for hearing on 4/25/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order to Defendant Forward Management's Motion to Dismiss FAC) (Klier-Erlich, Rinat) |
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Filing 36
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Defendant Kathy Cook has filed a Notice of Bankruptcy Stay #35 . Generally, a bankruptcy petition operates as an automatic stay of judicial actions against the debtor. Therefore, the automatic stay does not appear to apply to the claims plaintiff Adam Silver (Plaintiff) has asserted against the other defendants in this action. By no later than April 25, 2022, Plaintiff shall file in this Court either a dismissal of Plaintiff's claims against Kathy Cook in this action (if he intends to pursue his claims in the bankruptcy case) or a Notice indicating that he intends to pursue this action in this Court. If Plaintiff intends to pursue this action in this Court, by no later than April 25, 2022, Plaintiff must file proof that he has filed an appropriate motion in the Bankruptcy Court seeking relief from the automatic stay. Failure to timely seek relief from the automatic stay may, without further warning, result in the dismissal of Plaintiff's claims against Kathy Cook without prejudice. (lom)
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| Filing 35 NOTICE OF FILING BANKRUPTCY filed by Defendant KATHY COOK. as to Katharine Cook, Bankruptcy Court case number 2:22-bk-11049-SK. (Monte, John) |
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Filing 34
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court's Standing Order provides: "No motion shall be noticed for hearing for more than thirty-five (35) days after service of the motion unless otherwise ordered by the Court." Because the Duel Defendants set their Motion for hearing on 42 days notice, and the Stepp Defendants set their Motion for hearing on 63 days notice, both of the Motions to Dismiss #31 #32 were filed in violation of the Court's Standing Order. The Court advances the hearings on both Motions to April 25, 2022, at 1:30 p.m. (lom)
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| Filing 33 NOTICE of Interested Parties filed by Defendants R&LS Investments, Inc., STEPP COMMERCIAL, (Markow, Ari) |
| Filing 32 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants R&LS Investments, Inc., STEPP COMMERCIAL. Motion set for hearing on 5/23/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order GRANTING MOTION OF DEFENDANTS KIMBERLY ROBERTS STEPP, AN INDIVIDUAL AND DOING BUSINESS AS STEPP COMMERCIAL; AND R&LS INVESTMENTS, INC. TO DISMISS FOR FAILURE TO STATE A CLAIM) (Markow, Ari) |
| Filing 31 [NOTICE OF MOTION AND MOTION TO DISMISS FIRST AMENDED COMPLAINT filed as] MEMORANDUM in Support NOTICE OF MOTION AND MOTION TO DISMISS FIRST AMENDED COMPLAINT filed by Defendants DAVID DUEL, REBECCA DUEL. (Cadena, Erick) Modified on 3/22/2022 (lom). |
| Filing 30 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First Amended Complaint #27 . The following error(s) was/were found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. 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. (iv) |
| Filing 29 FOR COURT USE ONLY: STATISTICAL CORRECTION denied as moot #19 MOTION to Dismiss Case; #21 MOTION to Dismiss Case; #24 MOTION to Dismiss Case. (lom) |
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Filing 28
MINUTES IN CHAMBERS COURT ORDER by Judge Percy Anderson. The Motions to Dismiss filed by defendants David Duel and Rebecca Duel (Docket No. #19 ), Forward Management Long Beach, Inc. (Docket No. #21 ), and Richard Daggenhurst, Daggenhurst Law PC, and Felman, Daggenhurst & El Dabe (Docket No. #24 ) are denied as moot. See Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). The hearings calendared for April 4, 2022, and April 11, 2022, are vacated and the matters taken off calendar. See minute order for details. (lom)
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| Filing 27 FIRST AMENDED COMPLAINT All Defendants amending Complaint (Attorney Civil Case Opening) #1 JURY DEMAND, filed by ADAM SILVER Adam Silver (Schwimer, Michael) |
| Filing 26 NOTICE of Interested Parties filed by Defendants RICHARD DAGGENHURST, DAGGENHURST LAW PC, FELMAN, DAGGENHURST & EL DABE, (Sohal, Vikram) |
| Filing 25 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #24 filed by Defendants RICHARD DAGGENHURST, DAGGENHURST LAW PC, FELMAN, DAGGENHURST & EL DABE. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sohal, Vikram) |
| Filing 24 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants RICHARD DAGGENHURST, DAGGENHURST LAW PC, FELMAN, DAGGENHURST & EL DABE. Motion set for hearing on 4/11/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order) (Sohal, Vikram) |
| Filing 23 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Motion to Dismiss #21 by Judge Percy Anderson. Document is stricken. No L.R. 7-3 Statement. See L.R. 7-3 Conference of Counsel Prior to Filing of Motions. (iv) |
| Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First NOTICE OF MOTION AND MOTION to Dismiss Case #21 . The following error(s) was/were found: No L.R. 7-3 Statement. 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. (kss) |
| Filing 21 First NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant FORWARD MANAGEMENT LONG BEACH, INC.. Motion set for hearing on 4/4/2022 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order to Defendant Forward Management's Motion to Dismiss) (Attorney Rinat Klier-Erlich added to party FORWARD MANAGEMENT LONG BEACH, INC.(pty:dft)) (Klier-Erlich, Rinat) |
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Filing 20
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 (Related Case) filed. Transfer of case DECLINED by Judge R. Gary Klausner, for the reasons set forth on this order. Related Case No. 2:21-cv-08934-RGK-JCx. (aco)
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| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant DAVID DUEL, REBECCA DUEL. Motion set for hearing on 4/4/2022 at 01:30 PM before Judge Percy Anderson. (Attorney Erick Cadena added to party REBECCA DUEL(pty:dft)) (Cadena, Erick) |
| Filing 18 NOTICE filed by Defendant DAVID DUEL. (Cadena, Erick) |
| Filing 17 NOTICE of Appearance filed by attorney Michael McCarthy on behalf of Defendants RICHARD DAGGENHURST, DAGGENHURST LAW PC, FELMAN, DAGGENHURST & EL DABE (Attorney Michael McCarthy added to party RICHARD DAGGENHURST (pty:dft), Attorney Michael McCarthy added to party DAGGENHURST LAW PC(pty:dft), Attorney Michael McCarthy added to party FELMAN, DAGGENHURST & EL DABE(pty:dft))(McCarthy, Michael) |
| Filing 16 STIPULATION Extending Time to Answer the complaint as to R&LS Investments, Inc. answer now due 3/8/2022; STEPP COMMERCIAL answer now due 3/8/2022; KIMBERLY ROBERTS STEPP answer now due 3/8/2022, filed by Defendants R&LS Investments, Inc.; STEPP COMMERCIAL; KIMBERLY ROBERTS STEPP.(Attorney Ari L Markow added to party R&LS Investments, Inc.(pty:dft), Attorney Ari L Markow added to party KIMBERLY ROBERTS STEPP(pty:dft), Attorney Ari L Markow added to party STEPP COMMERCIAL(pty:dft))(Markow, Ari) |
| Filing 15 STIPULATION Extending Time to Answer the complaint as to RICHARD DAGGENHURST answer now due 3/4/2022; FELMAN, DAGGENHURST & EL DABE answer now due 3/4/2022; DAGGENHURST LAW PC answer now due 3/4/2022, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants RICHARD DAGGENHURST ; FELMAN, DAGGENHURST & EL DABE; DAGGENHURST LAW PC.(Attorney Vikram Sohal added to party RICHARD DAGGENHURST (pty:dft), Attorney Vikram Sohal added to party DAGGENHURST LAW PC(pty:dft), Attorney Vikram Sohal added to party FELMAN, DAGGENHURST & EL DABE(pty:dft))(Sohal, Vikram) |
| Filing 14 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by Defendant DAVID DUEL. (Cadena, Erick) |
| Filing 13 STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by Defendant DAVID DUEL.(Attorney Erick Cadena added to party DAVID DUEL(pty:dft))(Cadena, Erick) |
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Filing 12
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Because of the significant number of legal and factual issues raised by Plaintiff's inclusion of 21 state law claims in addition to the RICO claims asserted in his Complaint, the potential for juror confusion arising out of different legal standards for the state claims, and the overall concerns related to economy, convenience, fairness, and comity, the Court concludes that Plaintiff's state law claims substantially predominate over the federal claims asserted in this action. The Court therefore determines, in an exercise of its discretion, that it will decline to exercise supplemental jurisdiction over the state law claims alleged in Plaintiff's Complaint, and dismisses the state law claims without prejudice. (See minute order for details) (mrgo)
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| Filing 11 STATEMENT RICO CASE STATEMENT re: Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #10 . (Schwimer, Michael) |
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Filing 10
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Complaint filed by plaintiff Adam Silver ("Plaintiff") alleges two claims under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. 1961 et seq. The Court orders Plaintiff to file a "RICO Case Statement" by no later than December 28, 2021. The RICO Case Statement shall include the facts relied upon by Plaintiff for his RICO claims for relief. The RICO Case Statement shall use the numbers and letters set forth below, and shall state in detail and with specificity the following information: (SEE MINUTE ORDER FOR FURTHER DETAILS). (Show Cause Response due by 12/28/2021.) (mrgo)
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Filing 9
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See attached document for details) (mrgo)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to All Defendants. (jtil) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Karen L. Stevenson. (jtil) |
| Filing 4 NOTICE of Interested Parties filed by Adam Silver Adam Silver, (Schwimer, Michael) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Adam Silver. (Schwimer, Michael) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Adam Silver Adam Silver. (Schwimer, Michael) |
| Filing 1 COMPLAINT Receipt No: ACACDC-32450090 - Fee: $402, filed by Adam Silver Adam Silver. (Attorney Michael E Schwimer added to party Adam Silver (pty:pla))(Schwimer, Michael) |
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