Melrose Place Holdings et al v. The Socotra Opportunity Fund, LLC et al
| Melrose Place Holdings, Sona Patel and Melrose Place Holdings, LLC |
| The Socotra Opportunity Fund, LLC, Socotra Capital, Inc., Adham Sbeih, Paul R. Cotter, Escrow In A Cinch, Inc., Russell Islam, Sonya Islam, Mortgage Lender Services, Inc., CORE LENDING, INC., Escrow In A Cinch, Inc. a Corporation doing business as Bay Cities Escrow, a Non-Independent Broker Escrow and Capital Loans, Sonya Khaja, All Persons Claiming By, Through, or Under Such Person, or Under Such Person, or Person, All Persons Unknow, Claiming Any Legal or Equitable Right, Title, Estate, Lien or Interest in the Subject Real and Does 1 through 20, inclusive |
| Gregory Washburn |
| 2:2022cv01329 |
| February 26, 2022 |
| US District Court for the Central District of California |
| Patricia Donahue |
| Michael W Fitzgerald |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 Notice of Removal - Foreclosure |
| Both |
Docket Report
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This docket was last retrieved on January 11, 2023. A more recent docket listing may be available from PACER.
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Filing 58
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, and General Order 21-08 and Orders of the Chief Judge 20-043 and 22-157, the Court finds that Motion to Dismiss Plaintiffs' Second Amended Complaint #52 is appropriate for submission on the papers without oral argument. Accordingly, the motion hearing set for August 29, 2022, is VACATED and taken off calendar. The Court will issue a separate order with its ruling. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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| Filing 57 Notice of Errata Regarding Reply to Opposition to Motion to Dismiss Second Amended Complaint filed by Defendants Socotra Capital, Inc., The Socotra Opportunity Fund, LLC. (Wachtell, Michael) |
| Filing 56 REPLY Reply to Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint #52 filed by Defendants Socotra Capital, Inc., The Socotra Opportunity Fund, LLC. (Fields, Eliana) |
| Filing 55 REPLY in support of a motion NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint #52 Reply to Opposition to Motion to Dismiss filed by Defendants Socotra Capital, Inc., The Socotra Opportunity Fund, LLC. (Fields, Eliana) |
| Filing 54 REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO MOTION TO DISMISS SAC filed by Plaintiff Sona Patel. (Nowrouzi, Safora) |
| Filing 53 MEMORANDUM in Opposition TO MOTION TO DISMISS SAC filed by Plaintiff Sona Patel. (Nowrouzi, Safora) |
| Filing 52 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Defendants Socotra Capital, Inc., The Socotra Opportunity Fund, LLC. Motion set for hearing on 8/29/2022 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Michael L. Wachtell in Support of Motion to Dismiss By Defendants, The Socotra Opportunity Fund, LLC and Socotra Capital, Inc. Pursuant to Rule 12(B)(6), #2 Proposed Order Granting Motion to Dismiss By Defendants, The Socotra Opportunity Fund, LLC and Socotra Capital, Inc. Pursuant to Rule 12(B)(6)) (Wachtell, Michael) |
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Filing 51
ORDER GRANTING EXTENSION OF TO RESPOND TO SECOND AMENDED COMPLAINT #50 by Judge Michael W. Fitzgerald. The Socotra Opportunity Fund, LLC and Socotra Capital Inc. shall respond to the Second Amended Complaint on or before July 26, 2022. (lom)
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| Filing 50 STIPULATION Extending Time to Answer the complaint as to The Socotra Opportunity Fund, LLC answer now due 7/26/2022; Socotra Capital, Inc. answer now due 7/26/2022, re Amended Complaint/Petition, #47 filed by Defendants The Socotra Opportunity Fund, LLC; Socotra Capital, Inc.. (Attachments: #1 Proposed Order)(Wachtell, Michael) |
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Filing 49
ORDER GRANTING EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT #48 by Judge Michael W. Fitzgerald. The Court, having considered the parties Stipulation to Extend Time to Respond to Second Amended Complaint (SAC), and for good cause shown, approves the stipulation and hereby ORDERS as follows: Defendants The Socotra Opportunity Fund, LLC and Socotra Capital Inc.s response to the SAC shall be filed on or before July 19, 2022. IT IS SO ORDERED. (rolm)
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| Filing 48 STIPULATION for Extension of Time to File Response to Second Amended Complaint filed by Defendants Socotra Capital, Inc., The Socotra Opportunity Fund, LLC. (Attachments: #1 Proposed Order Granting Stipulation to Extend Time to Respond to Second Amended Complaint)(Spero, Eliana) |
| Filing 47 SECOND AMENDED COMPLAINT against Defendant All Persons Claiming By, Through, or Under Such Person, or Under Such Person, or Person, All Persons Unknow, Claiming Any Legal or Equitable Right, Title, Estate, Lien or Interest in the Subject Real, Does, Escrow In A Cinch, Inc., Russell Islam, Sonya Islam, Socotra Capital, Inc., The Socotra Opportunity Fund, LLC amending Complaint - (Discovery),,, filed by Plaintiff Sona Patel(Nowrouzi, Safora) |
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Filing 46
MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT #18 by Judge Michael W. Fitzgerald. The Motion is GRANTED with leave to amend. Plaintiffs' Second Amended Complaint is due on or before June 21, 2022. (iv)
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| Filing 45 MINUTES OF MOTION TO DISMISS BY DEFENDANTS, THE SOCOTRA OPPORTUNITY FUND, LLC AND SOCOTRA CAPITAL, INC. #18 by Judge Michael W. Fitzgerald. The Courtroom Deputy Clerk issues the Court's tentative ruling, prior to the hearing. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Miriam Baird. (rolm) |
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Filing 44
SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. On the Court's own motion, the hearing on the Motion to Dismiss Plaintiffs' First Amended Complaint #18 is ADVANCED TO 9:30 a.m. on 5/23/2022 before Judge Michael W. Fitzgerald. The hearing will be held in person. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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| Filing 43 REPLY in support of a motion NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint #18 filed by Defendants Socotra Capital, Inc., The Socotra Opportunity Fund, LLC. (Wachtell, Michael) |
| Filing 42 OPPOSITION in opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint #18 filed by Plaintiffs Melrose Place Holdings, LLC, Sona Patel. (Attachments: #1 Declaration DECLARATION OF SONA PATEL IN SUPPORT OF PLAINTIFFS OPPOSITION TO MOTION TO DISMISS)(Nowrouzi, Safora) |
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Filing 41
MINUTES (IN CHAMBERS) ORDER GRANTING INTERVENOR'S MOTION TO EXPUNGE LIS PENDENS AND DENYING REQUEST FOR ATTORNEY FEES #29 by Judge Michael W. Fitzgerald. The Motion is GRANTED and the lis pendens is EXPUNGED. (iv)
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| Filing 40 MINUTES OF MOTION TO EXPUNGE LIS PENDENS BY INTERVENOR GREGORY WASHBURN; REQUEST TO RECOVER ATTORNEYS FEES IN THE AMOUNT OF $16,511.00 #25 #29 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Suzanne McKennon. (iv) |
| Filing 39 Notice of Appearance or Withdrawal of Counsel: for attorney Jacoby Ryan Perez counsel for Intervenor Defendant Gregory Washburn. Adding Jacoby Perez as counsel of record for Intervenor Gregory Washburn for the reason indicated in the G-123 Notice. Filed by Defendant Gregory Washburn. (Perez, Jacoby) |
| Filing 38 NOTICE of Filing of Proof of Service of Summons on Russel Islam filed by Plaintiff Melrose Place Holdings, LLC, Sona Patel. (Nowrouzi, Safora) |
| Filing 37 PROOF OF SERVICE filed by Intervenor Gregory Washburn, re Reply (Motion related) #36 served on 4/22/2022. (Perez, Jacoby) |
| Filing 36 REPLY TO OPPOSITION BY DEFENDANT PATEL TO MOTION TO EXPUNGE LIS PENDENS filed by Intervenor Defendant Gregory Washburn. (Attachments: #1 Declaration KENT G. WASHBURN IN SUPPORT OF MOTION TO EXPUNGE LIS PENDENS)(Perez, Jacoby) |
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Filing 35
SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. Counsel are hereby notified that the Motions #25 #29 set for hearing on April 26, 2022 at 10:00 a.m. will be held in-person at the First Street Courthouse in Courtroom 5A. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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| Filing 34 NOTICE filed by Plaintiffs Melrose Place Holdings, LLC, Sona Patel. (Nowrouzi, Safora) |
| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Ex Punge #29 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. 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 32 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice #28 . The following error(s) was/were found: Title page with caption and case number missing. 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) |
| Filing 31 Opposition to Motion to Expunge re: EX PARTE APPLICATION to Intervene #21 , NOTICE OF MOTION AND MOTION for Hearing MOTION TO EXPUNGE LIS PENDENS #29 filed by Plaintiffs Melrose Place Holdings, LLC, Sona Patel. (Attachments: #1 Declaration Declaration)(Nowrouzi, Safora) |
| Filing 30 PROOF OF SERVICE filed by Intervenor Defendant Gregory Washburn, re NOTICE OF MOTION AND MOTION for Hearing MOTION TO EXPUNGE LIS PENDENS #29 served on 04/18/2022. (Perez, Jacoby) |
| Filing 29 NOTICE OF MOTION AND MOTION for Hearing MOTION TO EXPUNGE LIS PENDENS filed by Intervenor Defendant Gregory Washburn. Motion set for hearing on 4/26/2022 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration OF GREGORY WASHBURN, #2 Declaration OF JACOBY PEREZ, #3 Proposed Order Granting Motion to Expunge Lis Pendens.pdf) (Perez, Jacoby) |
| Filing 28 NOTICE of Filing Lis Pendens filed by Plaintiff Melrose Place Holdings, LLC, Sona Patel. (Nowrouzi, Safora) |
| Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Expunge #25 . 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. Filer used an incorrect event therefore not properly setting the motion for hearing. Pleading shows a date of April 26, 2022 at 10 am. 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) |
| Filing 26 PROOF OF SERVICE filed by Intervenor Defendant Gregory Washburn, re Notice of Motion,, #25 served on 04/15/2022. (Perez, Jacoby) |
| Filing 25 NOTICE OF MOTION re EX PARTE APPLICATION to Intervene #21 Motion to Expunge Lis Pendens filed by Intervenor Defendant Gregory Washburn. Motion set for hearing on 4/26/2022 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration Declaration of Jacoby Perez in Support of Motion to Expunge Lis Pendens, #2 Declaration Declaration of Washburn ISO Motion to Expunge, #3 Proposed Order Proposed Order Granting Motion to Expunge Lis Pendens)(Perez, Jacoby) |
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Filing 24
ORDER GRANTNG EX PARTE APPLICATION TO INTERVENE FOR LIMITED PURPOSE #21 by Judge Michael W. Fitzgerald. The Court grants Applicant GREGORY WASHBURN the right to intervene for the limited purpose of filing a Motion to Expunge Lis Pendens. (iv)
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| Filing 23 DECLARATION of Jacoby Perez in support of ex parte application to intervene for limited purpose EX PARTE APPLICATION to Intervene #21 filed by Intervenor Defendant Gregory Washburn. (Attachments: #1 Proposed Order granting ex parte application to intervene for limited purpose)(Perez, Jacoby) |
| Filing 22 PROOF OF SERVICE filed by Defendant Gregory Washburn, re EX PARTE APPLICATION to Intervene #21 served on April 11, 2022. (Perez, Jacoby) |
| Filing 21 EX PARTE APPLICATION to Intervene filed by Defendant Gregory Washburn. (Attachments: #1 Declaration of Gregory Washburn in support of Ex parte application, #2 Proposed Order granting motion to expunge lis pendens, #3 Supplement proposed motion to expunge lis pendens, #4 Declaration proposed declaration of Gregory Washburn in support of motion to expunge) (Attorney Jacoby Ryan Perez added to party Gregory Washburn(pty:intvd)) (Perez, Jacoby) |
| Filing 20 Proof of Service of Defendants, The Socotra Opportunity Fund, LLC and Socotra Capital, Inc.'s Notice of Motion and Motion to Dismiss Plaintiffs' First Amended Complaint, Declaration of Michael L. Wachtell, Proposed Order and Notice of Continuance of Hearing Date of Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint filed by Defendants Socotra Capital, Inc., The Socotra Opportunity Fund, LLC re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint #18 (Wachtell, Michael) |
| Filing 19 NOTICE of Continuance of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint #18 reset to May 23, 2022 at 10:00 a.m. (Wachtell, Michael) |
| Filing 18 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Defendants Socotra Capital, Inc., The Socotra Opportunity Fund, LLC. Motion set for hearing on 4/18/2022 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Michael L. Wachtell in Support of Motion to Dismiss by Defendants, The Socotra Opportunity Fund, LLC and Socotra Capital, Inc Pursuant to Rule 12(B)(6), #2 Proposed Order Granting Motion to Dismiss by Defendants, The Socotra Opportunity Fund, LLC and Socotra Capital, Inc. Pursuant to Rule 12(B)(6)) (Wachtell, Michael) |
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Filing 17
MINUTES (IN CHAMBERS) ORDER DENYING EX PARTE APPLICATION FOR PRELIMINARY INJUNCTION RE ENJOINING FROM SELLING PERSONAL PROPERTY #11 by Judge Michael W. Fitzgerald. The Application is DENIED. (iv)
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| Filing 16 STIPULATION Extending Time to Answer the complaint as to The Socotra Opportunity Fund, LLC answer now due 3/22/2022; Socotra Capital, Inc. answer now due 3/22/2022, filed by Defendants The Socotra Opportunity Fund, LLC; Socotra Capital, Inc..(Wachtell, Michael) |
| Filing 15 Declaration of Michael L. Wachtell in Opposition to Plaintiffs' Ex Parte Application for Preliminary Injunction and Order to Show Cause re Preliminary Injunction In Opposition re: EX PARTE APPLICATION for Preliminary Injunction re Enjoining from Selling Personal Property #11 filed by Defendants Socotra Capital, Inc., The Socotra Opportunity Fund, LLC. (Wachtell, Michael) |
| Filing 14 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Charles F. Eick to Judge Michael W. Fitzgerald for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Patricia Donahue. The case number will now reflect the initials of the transferee Judges 2:22-cv-01329 MWF(PDx). (rn) |
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Filing 13
MINUTE ORDER IN CHAMBERS by Magistrate Judge Charles F. Eick re EX PARTE APPLICATION for Preliminary Injunction re Enjoining from Selling Personal Property. #11 The previously noticed March 9, 2022 Ex Parte Date before the Magistrate Judge in reference to Plaintiffs' Ex Parte Application for a Temporary Restraining Order, etc. ("the Application"), filed March 7, 2022, is vacated. The Application must be determined by the Chief District Judge or a randomly assigned District Judge. (See document for further details) (vmun)
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| Filing 12 NOTICE of Issuance of Case Management Order filed by Defendants Socotra Capital, Inc., The Socotra Opportunity Fund, LLC. (Spero, Eliana) |
| Filing 11 EX PARTE APPLICATION for Preliminary Injunction re Enjoining from Selling Personal Property filed by Plaintiff Melrose Place Holdings, LLC. Ex Parte Application set for hearing on 3/9/2022 at 10:00 AM before Magistrate Judge Charles F. Eick. (Attachments: #1 Declaration Declaration of Sona Patel, #2 Proposed Order Proposed Order, #3 Affidavit Proof of Service) (Nowrouzi, Safora) |
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Filing 10
INITIAL ORDER RE CASE MANAGEMENT by Magistrate Judge Charles F. Eick. (See document for details) (vmun)
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| Filing 9 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Charles F. Eick. (Attachments: #1 CV-11C) (lh) |
| Filing 8 PROOF OF SERVICE filed by Defendants Socotra Capital, Inc., The Socotra Opportunity Fund, LLC, re Notice of Removal (Attorney Civil Case Opening), #1 , Declaration #5 , Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 , Declaration #4 Proof of Service by Overnight Mail served on 2/28/2022. (Wachtell, Michael) |
| Filing 7 NOTICE of Compliance of Notice to State Court of Removal to Federal Court filed by Defendants Socotra Capital, Inc., The Socotra Opportunity Fund, LLC. (Wachtell, Michael) |
| Filing 6 PROOF OF SERVICE filed by Defendants Socotra Capital, Inc., The Socotra Opportunity Fund, LLC, re Notice of Removal (Attorney Civil Case Opening), #1 , Declaration #5 , Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 , Declaration #4 served on 2/26/2022. (Wachtell, Michael) |
| Filing 5 DECLARATION of Michael L. Wachtell re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendants Socotra Capital, Inc., The Socotra Opportunity Fund, LLC. (Wachtell, Michael) |
| Filing 4 DECLARATION of Paul Cotter re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendants Socotra Capital, Inc., The Socotra Opportunity Fund, LLC. (Wachtell, Michael) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendants Socotra Capital, Inc., The Socotra Opportunity Fund, LLC, (Wachtell, Michael) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Socotra Capital, Inc., The Socotra Opportunity Fund, LLC. (Wachtell, Michael) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, Stanley Mosk Courthouse, case number 21STCV46210 Receipt No: ACACDC-32856444 - Fee: $402, filed by Defendants The Socotra Opportunity Fund, LLC, Socotra Capital, Inc.. (Attorney Michael L Wachtell added to party Socotra Capital, Inc.(pty:dft), Attorney Michael L Wachtell added to party The Socotra Opportunity Fund, LLC(pty:dft))(Wachtell, Michael) |
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