NCS Pearson, Inc. v. Trading Diem, Inc. et al
| NCS Pearson, Inc. doing business as Pearson Vue |
| Trading Diem, Inc. and PSI Services LLC |
| 2:2022cv01922 |
| March 24, 2022 |
| US District Court for the Central District of California |
| Jean P Rosenbluth |
| Otis D Wright |
| Other Fraud |
| 28 U.S.C. § 1441 Notice of Removal - Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 10, 2022. A more recent docket listing may be available from PACER.
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| Filing 28 Notice and Certificate of Interested Parties filed by Defendant Trading Diem, Inc., identifying none. (Byrne, Mark) |
| Filing 27 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint #26 filed by Defendant Trading Diem, Inc.. (Attachments: #1 Proposed Order)(Byrne, Mark) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint filed by defendant PSI Services LLC. Motion set for hearing on 7/11/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Request for Judicial Notice, #2 Declaration of Sarah F. Mitchell in Support, #3 Proposed Order) (Hamilton, Joshua) |
Filing 25
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Having further reviewed the parties' Stipulation regarding Plaintiff's Second Amended Complaint #20 , and for good cause shown, the Court hereby ORDERS that the deadline for Defendants to answer or otherwise respond to the Second Amended Complaintshall be twenty-one (21) days following the date of service of the Second Amended Complaint pursuant to Local Rule 15-3. (lc)
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| Filing 24 Second AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery), Amended Complaint,, filed by Plaintiff NCS Pearson, Inc. (Attachments: #1 Ex A)(Shaffer, Nathan) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Alyssa Margaret Caridis counsel for Plaintiff NCS Pearson, Inc.. Alyssa Caridis is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff NCS Pearson dba Pearson Vue. (Caridis, Alyssa) |
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Filing 22
ORDER GRANTING APPLICATION of Non-Resident Attorney Stephen P. Hall to Appear Pro Hac Vice on behalf of Plaintiff NCS Pearson, Inc. and designating Deena Dulgerian as local counsel #19 by Judge Otis D. Wright, II. (lc)
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Filing 21
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court received and reviewed the parties Stipulation regarding Plaintiff's Second Amended Complaint. Under the liberal standard for amendment of pleadings, the Court finds that allowing amendment is appropriate. Fed. R. Civ. P. 15(a)(2). The Stipulation is accordingly GRANTED #20 . Within three (3) days of the date of this Order, Plaintiff shall file a clean, separate copy of the Second Amended Complaint. Defendants are directed toward Local Rule 15-3 regarding the date of service of the Second Amended Complaint. Moreover, the Court CONTINUES the Scheduling Conference to August 22, 2022 at 1:30 p.m. (lc)
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| Filing 20 STIPULATION to STIPULATION RE FILING OF PLAINTIFFS SECONDED AMENDED COMPLAINT filed by Plaintiff NCS Pearson, Inc.. (Attachments: #1 Proposed Order)(Shaffer, Nathan) |
| Filing 19 APPLICATION of Non-Resident Attorney Stephen P. Hall to Appear Pro Hac Vice on behalf of Plaintiff NCS Pearson, Inc. (Pro Hac Vice Fee - $500 Previously Paid on 4/11/2022, Receipt No. 33108407) filed by Plaintiff NCS Pearson, Inc.. (Attachments: #1 Proposed Order) (Dulgerian, Deena) |
| Filing 18 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER DENYING #16 Non-Resident Attorney Stephen P. Hall APPLICATION to Appear Pro Hac Vice on behalf of plaintiff NCS Pearson, Inc. d/b/a Pearson Vue. The application is out of compliance with the wetink signature rule. In the Central District of California, it remains a requirement for pro hac vice applications that both the out-of-state attorney and local counsel physically sign a paper copy of the Application, in ink, and then scan the piece of paper. Electronic, image, and stamp signatures are not allowed. For this reason, the application is DENIED without prejudice to re-filing. No additional pro hac vice fee is required when re-filing. (lc) |
| Filing 17 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Stephen P. Hall to Appear Pro Hac Vice on behalf of Plaintiff NCS Pearson, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33108407) #16 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) |
| Filing 16 APPLICATION of Non-Resident Attorney Stephen P. Hall to Appear Pro Hac Vice on behalf of Plaintiff NCS Pearson, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33108407) filed by plaintiff NCS Pearson, Inc.. (Attachments: #1 Proposed Order) (Dulgerian, Deena) |
| Filing 15 Notice of Appearance or Withdrawal of Counsel: for attorney Deena Osanna Dulgerian counsel for Plaintiff NCS Pearson, Inc.. Adding Deena Dulgerian as counsel of record for NCS Pearson, Inc. d/b/a Pearson Vue for the reason indicated in the G-123 Notice. Filed by plaintiff NCS Pearson, Inc. d/b/a Pearson Vue. (Attorney Deena Osanna Dulgerian added to party NCS Pearson, Inc.(pty:pla))(Dulgerian, Deena) |
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Filing 14
MINUTE ORDER (In Chambers): by Judge Otis D. Wright, II. The Court received and reviewed the parties' Stipulation regarding Plaintiff's Motion for Leave to Amend. (Stip., ECF No. #12 .) It appears that the desired effect of the Stipulation can be achieved by simply ORDERING, as the Court now does, that the deadline for each Defendant to answer or otherwise respond to the First Amended Complaint is April 18, 2022. Of course, this deadline will be tolled if Plaintiff files a motion or other request for leave to amend by that same date. In light of this disposition, the Stipulation is designated as GRANTED IN PART. (ECF No. 12.) That said, the Court hopes the parties can continue the meet-and-confer efforts they have already started in a way that avoids the need for a fully noticed and opposed motion for leave to amend. See minute order for details. (lom)
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| Filing 13 CERTIFICATE of Interested Parties filed by Plaintiff NCS Pearson, Inc., identifying PN Holdings, Inc., Pearson plc. (Shaffer, Nathan) |
| Filing 12 STIPULATION to amend Amended Complaint, filed by Plaintiff NCS Pearson, Inc.. (Attachments: #1 Proposed Order)(Shaffer, Nathan) |
| Filing 11 Notice of Appearance or Withdrawal of Counsel: for attorney Nathan D Shaffer counsel for Plaintiff NCS Pearson, Inc.. Adding Nathan Shaffer as counsel of record for NCS Pearson, Inc. d/b/a Pearson Vue for the reason indicated in the G-123 Notice. Filed by Plaintiff NCS Pearson, Inc. d/b/a Pearson Vue. (Shaffer, Nathan) |
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Filing 10
ORDER that the Scheduling Conference is set for May 16, 2022 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II. (lc)
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Filing 9
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. The Court's Electronic Document Submission System (EDSS) allows people without lawyers who havepending cases in the United States District Court for the Central District of California to submit documents electronically to the Clerk's Office The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to Court's Website and Judge's procedures for information as applicable. (lc)
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| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Jean P. Rosenbluth. (et) |
| Filing 5 Notice of Appearance or Withdrawal of Counsel: for attorney Sarah F Mitchell counsel for Defendant PSI Services LLC. Adding Sarah F. Mitchell as counsel of record for PSI Services LLC for the reason indicated in the G-123 Notice. Filed by Defendant PSI Services LLC. (Attorney Sarah F Mitchell added to party PSI Services LLC(pty:dft))(Mitchell, Sarah) |
| Filing 4 PROOF OF SERVICE filed by Defendant PSI Services LLC, re Certificate/Notice of Interested Parties #3 , Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening),,,,,, #1 served on 3/24/2022. (Hamilton, Joshua) |
| Filing 3 Corporate Disclosure Statement and Certificate and Notice of Interested Parties filed by Defendant PSI Services LLC, (Hamilton, Joshua) |
| Filing 2 CIVIL COVER SHEET filed by Defendant PSI Services LLC. (Hamilton, Joshua) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 21VECV00214 Receipt No: ACACDC-33002751 - Fee: $402, filed by Defendant PSI Services LLC. (Attachments: #1 Ex. 1 - Complaint, #2 Ex. 2 - Summons, #3 Ex. 3 - Notice of Case Assignment, #4 Ex. 4 - Notice of Case Management Conference, #5 Ex. 5 - Civil Case Cover Sheet, #6 Ex. 6 - Proof of Service of Summons, #7 Ex. 7 - Motion for Peremptory Challenge, #8 Ex. 8 - Shaffer Declaration, #9 Ex. 9 - Minute Order, #10 Ex. 10 - Certificate of Mailing, #11 Ex. 11 - Notice of Reassignment, #12 Ex. 12 - Proof of Service, #13 Ex. 13 - Answer, #14 Ex. 14 - Civil Deposit, #15 Ex. 15 - Notice of Posting Jury Fees, #16 Ex. 16 - Case Management Statement, #17 Ex. 17 - Proof of Service, #18 Ex. 18 - Case Management Statement, #19 Ex. 19 - Minute Order, #20 Ex. 20 - Protective Order, #21 Ex. 21 - Proof of Service, #22 Ex. 22 - Motion for Leave to Amend, #23 Ex. 23 - Shaffer Declaration, #24 Ex. 24 - Proof of Service, #25 Ex. 25 - Notice of Hearing, #26 Ex. 26 - Pro Hac Vice Application, #27 Ex. 27 - Shaffer Declaration, #28 Ex. 28 - Proof of Service, #29 Ex. 29 - Stipulation, #30 Ex. 30 - Minute Order, #31 Ex. 31 - First Amended Complaint, #32 Ex. 32 - Proof of Service, #33 Ex. 33 - Issued Summons, #34 Ex. 34 - Minute Order, #35 Ex. 35 - Order, #36 Ex. 36 - Notice of Order, #37 Ex. 37 - Order on Stipulation, #38 Ex. 38 - Ex Parte Application, #39 Ex. 39 - Notice of Order) (Attorney Joshua G. Hamilton added to party PSI Services LLC(pty:dft))(Hamilton, Joshua) |
| CONFORMED E-FILED COPY OF COMPLAINT against Defendants PSI Services LLC, Trading Diem, Inc. Jury Demanded., filed by Plaintiff NCS Pearson, Inc. [FILED IN STATE COURT ON 2/19/2021 SUBMITTED ATTACHED TO EXHIBIT 1 TO NOTICE OF REMOVAL #1 . (et) |
| CONFORMED FILED COPY OF FIRST AMENDED COMPLAINT against Defendants PSI Services LLC, Trading Diem, Inc. amending Complaint - (Discovery), filed by Plaintiff NCS Pearson, Inc. [FILED IN STATE COURT ON 1/20/2022 SUBMITTED ATTACHED TO EXHIBIT 31 TO NOTICE OF REMOVAL #1 ].(et) |
| CONFORMED E-FILED COPY OF ANSWER TO COMPLAINT with JURY DEMAND filed by Defendant Trading Diem, Inc. [FILED IN STATE COURT ON 4/9/2021 SUBMITTED ATTACHED EXHIBIT 13 TO NOTICE OF REMOVAL #1 . (Attorney Jennifer L Derwin added to party Trading Diem, Inc.(pty:dft), Attorney Mark A. Byrne added to party Trading Diem, Inc.(pty:dft)) (et) |
| CONFORMED E-FILED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff NCS Pearson, Inc., upon Defendant Trading Diem, Inc. served on 2/23/2021, answer due 3/16/2021. Service of the Summons and Complaint were executed upon Sergio Schalcher-Agent for Service of Process in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. [FILED IN STATE COURT ON 2/24/2021 SUBMITTED ATTACHED TO EXHIBIT 6 TO NOTICE OF REMOVAL #1 ]. (et) |
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