Johan Neerman et al v. Jeff Cates
| Johan Neerman, Olha Pavlenko and Olha Pavlenko/Neerman |
| Jeff Cates, Matt Grunseich, Joshua Comstock, Randell Young, Matt Brass, Mark Sparrow, Andrew Lechard, Oicth Upfront LLC, Playsav Corporation, Bank of America, N.A., Namecheap, Inc., thecyberworld.org, bmswebsecurity.com, cybercertconsultants.com, 100bots.com, thetechdealer.com, theinternettycoon.com, ourtechfriend.com, hireadeveloper.org, ceocapnet.com, sawadcorppcl.com, greenanins.com, zhejiangwuyircbank.com, Sarah Huerta, Allene Lewis, Chuck Ingber, Florentine Young, Cryptocashfast LLC, Fire Monkey LLC, Deep Foundation Services, Inc. and Does 1 to 50 |
| Daniel A. Platt |
| 2:2022cv02751 |
| April 25, 2022 |
| US District Court for the Central District of California |
| Percy Anderson |
| Pedro V Castillo |
| Other Fraud |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.
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Filing 131
MINUTE (IN CHAMBERS) ORDER DENYING WITHOUT PREJUDICE DEFENDANT RANDELL YOUNG'S MOTION TO COMPEL DISCOVERY FOR FAILURE TO COMPLY WITH LOCAL RULE 37 by Magistrate Judge Pedro V. Castillo: denying #130 Motion to Compel. (see document for details) (hr)
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| Filing 130 MOTION to Compel Discovery filed by Defendant Randell Young. (et) |
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Filing 129
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. It appears that Plaintiffs may have abandoned this action. Despite numerous warnings, Plaintiffs failed to respond to the Court's most recent orders (the May 25, 2023 Order to Show Cause; the August 4, 2023 Order to Show Cause; and the September 19, 2023 Minute Order). Nonetheless, the Court will give Plaintiffs an additional opportunity to comply with the September 19, 2023 Minute Order. Plaintiffs must pay $250 to the Clerk of the Court and file a declaration signed under penalty of perjury attesting to their compliance with the September 19, 2023 Minute Order by no later than November 20, 2023. Failure to comply with this Order by that date may result in the imposition of sanctions, including dismissing this action without prejudice. This is Plaintiffs' final warning. Plaintiffs may not ignore the Court's orders. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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Filing 127
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. Here, the Court finds that Plaintiffs acted deliberately and willfully in failing to respond to the Order to Show Cause, and in failing to comply with multiple other Court Orders. Therefore, the Court sanctions Plaintiffs, collectively, in the amount of $250.00, payable to the Clerk of the Court. Alternatively, Plaintiffs may satisfy the sanction by donating $100.00 in books or school supplies to the children at a public school located within a five-mile radius of the Courthouse. Plaintiffs shall file a declaration signed under penalty of perjury attesting to their compliance with this Order by no later than October 10, 2023. Failure to comply with this Order may result in the imposition of additional sanctions, including but not limited to dismissal of this action. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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Filing 128
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Accordingly, pursuant to Rule 4(m) and as a result of Plaintiffs' failure to diligently prosecute and comply with the Court's Orders, Plaintiffs' claims, insofar as they are brought against the Unserved Defendants, are dismissed without prejudice. (See document for further details). (aco)
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Filing 126
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Accordingly, as a result of Plaintiffs' failure to diligently prosecute, Plaintiffs' claims, insofar as they are asserted against Deep Foundation and Fire Monkey, are dismissed without prejudice. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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Filing 125
MINUTES (IN CHAMBERS) Order to Show Cause Re: Dismissal For Lack Of Prosecution by Judge Percy Anderson. Accordingly, the Court, on its own motion, orders Plaintiffs to show cause, in writing, on or before August 23, 2023, why this action should not be dismissed for lack of prosecution as to Deep Foundation and Fire Monkey. This Order to Show Cause will stand submitted upon the filing of Plaintiffs' response. Alternatively, in response to this Order to Show Cause, on or before August 23, 2023, Plaintiffs may seek entry of default by the clerk against Deep Foundation and Fire Monkey for failure to respond to the First Amended Complaint. Failure to respond to this Order to Show Cause may result in the imposition of sanctions, including but not limited to dismissal of Deep Foundation and Fire Monkey. (rolm)
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| Filing 124 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Daniel A. Platt has been assigned to serve as Panel Mediator. (lst) |
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Filing 123
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. To date, Johan Neerman and Olha Pavlenko/Neerman ("Plaintiffs") have failed to file a response. The Court will afford Plaintiffs an additional chance to respond to the Order to Show Cause. Accordingly, Plaintiffs are ordered to file a response to the Courts May 25, 2023, Order to Show Cause by no later than June 21, 2023. (lom)
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| Filing 122 RESPONSE filed by Defendant Jeff Cates Defendants Response to Court's OSC Regarding Joint Scheduling Report (Shah, Earth) |
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Filing 121
CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson. 1. Establishing a Discovery Cut-off Date of October 30, 2023; 2. Setting Motion Cut-off date of November 6, 2023; 3. Setting Final Pretrial Conference for December 15, 2023, at 1:30 p.m.; 4. Setting Jury Trial Date of January 9, 2024, at 9:00 a.m. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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Filing 120
PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION by Judge Percy Anderson. The Court enters the following protective order: (See document for further details). (aco)
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Filing 119
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. Accordingly, the Court orders the parties to show cause, in writing, on or before June 5, 2023, why they should not be sanctioned in an amount up to $1,000 for failing to comply with Court Orders. Failure to file a response to this Order to Show Cause by June 5, 2023, may result in the imposition of monetary sanctions without further warning. (See document for further details). (aco)
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Filing 118
ORDER/REFERRAL to ADR Procedure No 2 by Judge Percy Anderson. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than November 13, 2023. (aco)
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| Filing 117 MINUTES IN CHAMBERS by Judge Percy Anderson. Dates set by the Court in this action are listed in the "Schedule of Trial and Pretrial Dates" attached to this order. The scheduling conference currently on calendar for May 30, 2023 at 10:30 a.m. is hereby vacated, and the matter taken off calendar. The Court has entered a Protective Order in this action. This case is referred to the Court's Mediation Panel. Final Pretrial Conference 12/15/23 at 1:30 p.m. Jury Trial 01/09/24 at 1:30 p.m. (SEE DOCUMENT FOR ADDITIONAL DEADLINES AND DETAILS). (aco) |
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Filing 116
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, Scheduling Conference currently set for hearing on May 30, 2023 is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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| Filing 115 REPORT of JOINT RULE 26 REPORT filed by Defendant Jeff Cates. (Shah, Earth) |
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Filing 114
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. For all the foregoing reasons, the Court denies BANA's Motion for Entry of Final Judgment Under Rule 54(b). (SEE DOCUMENT FOR FURTHER DETAILS).; denying #98 MOTION for Entry of Judgment pursuant to Rule 54(b). (aco)
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| Filing 112 MINUTES IN CHAMBERS by Judge Percy Anderson. Young cannot now file a motion pursuant to Rule 12(b)(6) because he previously filed an Answer on January 10, 2023 (Docket No. 82). Therefore, the Court strikes Young's Motion. (See document for further details). RE: Notice of Hearing and Motion to Dismiss #110 . (aco) |
| Filing 111 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Dismiss Defendant Randell Young #110 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. Proposed document was not submitted or was not submitted as a separate attachment. Other error(s) with document(s): Motions are heard on Mondays commencing at 1:30 p.m. See Standing Order, Doc 6. 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 113 MINUTES OF STATUS CONFERENCE held before Judge Percy Anderson. Therefore, the Court orders the parties to meet-and-confer by April 10, 2023, to prepare a Joint Scheduling Report. Defendants must then send Plaintiffs a copy of the draft Joint Scheduling Report by no later than May 1, 2023. And the parties shall file their finalized Joint Scheduling Report by no later than May 15, 2023. The Scheduling Conference is therefore continued to May 30, 2023 at 10:30 a.m. (SEE DOCUMENT FOR FURTHER DETAILS). Court Reporter: Phyllis Preston. (aco) |
| Filing 110 [DOCUMENT STRICKEN PER ORDER ON 03/23/2023, SEE DOCKET NO. 112] Notice of Hearing and Motion to Dismiss as to Defendant Randell Young filed by defendant Randell Young. Motion set for hearing on 4/17/2023 at 08:30 AM before Judge Percy Anderson. (aco) Modified on 3/23/2023 (aco). |
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Filing 109
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. A scheduling conference has been set in this case for Monday, March 20, 2023 at 10:30 a.m. (Docket No. 102.) The conference will be held by ZOOM with the following log in information. Please use the link below to join the webinar. See minute order for details. (lom)
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| Filing 108 FOR COURT USE ONLY: STATISTICAL CORRECTION striking #105 MOTION re Order #107 . (lom) |
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Filing 107
ORDER IN RESPONSE TO NOTICE TO FILER OF DEFICIENCES IN FILED DOCUMENT RE: Motion to Dismiss as to Defendant Randell Young #105 by Judge Percy Anderson. The document is stricken. Hearing information is missing. (lom)
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| Filing 106 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Motion to Dismiss as to Defendant Randell Young #105 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. 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. (bm) |
| Filing 105 MOTION TO DISMISS AS TO DEFENDANT RANDELL YOUNG filed by defendant Randell Young. (bm) |
| Filing 104 REPORT of Defendants Scheduling Report filed by Defendant Jeff Cates. (Shah, Earth) |
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Filing 103
IN CHAMBERS ORDER TAKING MOTION UNDER ADVISEMENT by Judge Percy Anderson. A hearing on the MOTION for Entry of Judgment #98 is scheduled for February 27, 2023, 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 February 27, 2023, 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 102
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. Accordingly, the Court orders the parties to file a Joint Scheduling Report on or before March 13, 2023, and continues the Scheduling Conference to March 20, 2023 at 10:30 a.m. Failure to submit a Joint Scheduling Report by March 13, 2023, and/or failure to attend the Scheduling Conference on March 20, 2023, may result in the dismissal and/or striking the defendants' answers and entry of default without further warning. (See document for further details). (aco)
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| Filing 101 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Mark Sparrow (bm) |
| Filing 99 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Entry of Judgment pursuant to Rule 54(b) #98 filed by Defendant Bank of America, N.A.. (Esposito, Matthew) |
| Filing 98 NOTICE OF MOTION AND MOTION for Entry of Judgment pursuant to Rule 54(b) filed by Defendant Bank of America, N.A.. Motion set for hearing on 2/27/2023 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order) (Esposito, Matthew) |
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Filing 100
MINUTES IN CHAMBERS COURT ORDER by Judge Percy Anderson granting in part and denying in part #83 APPLICATION for Entry of Default: The Court therefore orders the Clerk to enter the default of defendant Mark Sparrow, but denies Plaintiffs' application for entry of default judgment as to defendants Randell Young, Jeff Cates, Joshua Comstock, Matt Brass, Matt Grunseich, Andrew Lechard, Playsav Corporation, and Oicth Upfront LLC. (see document for further details) (bm)
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| Filing 97 Local Rule 7.1-1 [Defendants represented by Shah Attorney Group] CERTIFICATE of Interested Parties filed by Defendants Jeff Cates et al. Jeff Cates, (Attorney Earth Shah added to party Jeff Cates(pty:dft))(Shah, Earth) |
| Filing 96 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Answer to Complaint (Discovery) #89 , Answer to Complaint (Discovery) #91 , Answer to Complaint (Discovery) #90 , Answer to Complaint (Discovery) #92 , Answer to Complaint (Discovery) #87 , Answer to Complaint (Discovery) #93 , Answer to Complaint (Discovery) #88 by Judge Percy Anderson. A notice of interested parties shall be filed no later than 5 days from entry of this Order. (aco) |
| Filing 95 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] by Judge Percy Anderson. SCHEDULING CONFERENCE set for February 27, 2023, at 10:30 a.m. This action has been assigned to the calendar of United States District Judge Percy Anderson. (SEE DOCUMENT FOR FURTHER DETAILS). (aco) |
| Filing 94 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Answer to Complaint (Discovery) #89 , Answer to Complaint (Discovery) #91 , Answer to Complaint (Discovery) #90 , Answer to Complaint (Discovery) #92 , Answer to Complaint (Discovery) #87 , Answer to Complaint (Discovery) #93 , Answer to Complaint (Discovery) #88 . 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 93 ANSWER to Amended Complaint,, #23 , Complaint - (Discovery), #1 , Amended Complaint,, #30 filed by Defendant Playsav Corporation.(Attorney Earth Shah added to party Playsav Corporation(pty:dft))(Shah, Earth) |
| Filing 92 ANSWER to Amended Complaint,, #23 , Complaint - (Discovery), #1 , Amended Complaint,, #30 filed by Defendant Oicth Upfront LLC.(Attorney Earth Shah added to party Oicth Upfront LLC(pty:dft))(Shah, Earth) |
| Filing 91 ANSWER to Amended Complaint,, #23 , Complaint - (Discovery), #1 , Amended Complaint,, #30 filed by Defendant Andrew Lechard.(Attorney Earth Shah added to party Andrew Lechard(pty:dft))(Shah, Earth) |
| Filing 90 ANSWER to Amended Complaint,, #23 , Complaint - (Discovery), #1 , Amended Complaint,, #30 filed by Defendant Matt Grunseich.(Attorney Earth Shah added to party Matt Grunseich(pty:dft))(Shah, Earth) |
| Filing 89 ANSWER to Amended Complaint,, #23 , Complaint - (Discovery), #1 , Amended Complaint,, #30 filed by Defendant Joshua Comstock.(Attorney Earth Shah added to party Joshua Comstock(pty:dft))(Shah, Earth) |
| Filing 88 ANSWER to Amended Complaint,, #23 , Complaint - (Discovery), #1 , Amended Complaint,, #30 filed by Defendant Matt Brass.(Shah, Earth) |
| Filing 87 ANSWER to Amended Complaint,, #23 , Complaint - (Discovery), #1 , Amended Complaint,, #30 filed by Defendant Jeff Cates.(Shah, Earth) |
| Filing 86 NOTICE OF DEFICIENCY Re: APPLICATION for Entry of Default against Defendants Matt Brass, Jeff Cates, Joshua Comstock, Matt Grunseich, Andrew Lechard, Oicth Upfront LLC, Playsav Corporation, Mark Sparrow, Randell Young #83 . The Clerk cannot enter the requested relief as: Request for Entry of Default has been forwarded to the assigned Judge. (bm) |
| Filing 85 DECLARATION OF PLAINTIFF JOHAN NEERMAN IN SUPPORT OF APPLICATION for Entry of Default against Defendants Matt Brass, Jeff Cates, Joshua Comstock, Matt Grunseich, Andrew Lechard, Oicth Upfront LLC, Playsav Corporation, Mark Sparrow, Randell Young #83 filed by Plaintiffs Johan Neerman, Olha Pavlenko/Neerman. (aco) |
| Filing 84 NOTICE OF DEFAULT AND APPLICATION FOR ENTRY DEFAULT JUDGMENT BY COURT AGAINST DEFENDANTS JEFF CATES, JOSHUA COMSTOCK, RANDELL YOUNG, MATT BRASS, MATT GRUNSEICH, MARK SPARROW, ANDREW LECHARD, PLAYSAV CORPORATION, OICTH UPFRONT LLC re APPLICATION for Entry of Default against Defendants Matt Brass, Jeff Cates, Joshua Comstock, Matt Grunseich, Andrew Lechard, Oicth Upfront LLC, Playsav Corporation, Mark Sparrow, Randell Young #83 filed by Plaintiffs Johan Neerman, Olha Pavlenko/Neerman. Motion set for hearing on 1/16/2023 at 08:30 AM before Judge Percy Anderson. (aco) |
| Filing 83 APPLICATION FOR ENTRY OF DEFAULT AGAINST DEFENDANTS JEFF CATES, JOSHUA COMSTOCK, RANDELL YOUNG, MATT BRASS, MATT GRUNSEICH, MARK SPARROW, ANDREW LECHARD, PLAYSAV CORPORATION, OICTH UPFRONT LLC filed by plaintiffs Olha Pavlenko/Neerman, Johan Neerman. (aco) |
| Filing 82 Answer of Defendant Randell Young to Amended Complaint, #30 filed by Defendant Randell Young. (aco) |
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Filing 81
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. The Defendants are in default because they have not responded to the original Complaint and, therefore, Plaintiffs may seek entry of the Defendants' defaults by filing an application with the clerk no later than January 20, 2023. Failure to file an application for entry of Defendants' defaults by January 20, 2023 will result in dismissal of Plaintiffs' claims against the Defendants for failure to prosecute. (See document for further details). (aco)
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| Filing 80 DEFAULT BY CLERK F.R.Civ.P.55(a) on the Second Amended Complaint as to Namecheap, Inc #73 . (lom) |
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Filing 79
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. On December 14, 2022, Plaintiffs Johan Neerman and Olha Pavlenko/Neerman ("Plaintiffs") filed an application with the Clerk for entry of default against Defendant Namecheap, Inc. ("Namecheap"). (Docket No. #73 .) On December 29, 2022 the Clerk issued a Notice of Deficiency and forwarded Plaintiffs' request for entry of default to the Court. (Docket No. #78 .) Based on a review of the record, it appears that Plaintiffs served Namecheap with the Summons and Second Amended Complaint on November 7, 2022 (Docket No. 58), and Namecheap's time to respond to the Summons and Second Amended Complaint has expired. The Court therefore orders the Clerk to enter the default of Namecheap. (lom)
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| Filing 78 NOTICE OF DEFICIENCY Re: APPLICATION for Default Judgment against Defendant Namecheap, Inc. #73 . The Clerk cannot enter the requested relief as: Request for Entry of Default has been forwarded to the assigned Judge. (bm) |
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Filing 77
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. For all of the foregoing reasons, the Court grants BANA's Motion to Dismiss without leave to amend. (See document for further details).; granting #60 MOTION to Dismiss Second Amended Complaint. (aco)
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| Filing 76 RESPONSE TO ORDER TO SHOW CAUSE filed by Plaintiffs Johan Neerman, Olha Pavlenko/Neerman. (aco) |
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Filing 72
IN CHAMBERS ORDER TAKING MOTION UNDER ADVISEMENT by Judge Percy Anderson. A hearing on the MOTION to Dismiss Second Amended Complaint #60 is scheduled for December 19, 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 December 19, 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 75 NOTICE OF APPLICATION FOR ENTRY OF DEFAULT AGAINST DEFENDANT NAMECHEAP, INC. #73 filed by Plaintiffs Johan Neerman, Olha Pavlenko/Neerman. (aco) |
| Filing 74 DECLARATION OF PLAINTIFF JOHAN NEERMAN IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT AGAINST DEFENDANT NAMECHEAP, INC #73 filed by Plaintiff Johan Neerman. (aco) |
| Filing 73 APPLICATION FOR ENTRY OF DEFAULT AGAINST DEFENDANT NAMECHEAP, INC. filed by plaintiffs Johan Neerman, Olha Pavlenko/Neerman. (aco) |
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Filing 71
MINUTES OF ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Percy Anderson. Accordingly, the court, on its own motion, orders Plaintiffs to show cause, in writing, on or before December 14, 2022, why this action should not be dismissed for lack of prosecution. The Order to Show Cause will stand submitted upon the filing of Plaintiffs' response. Alternatively, in response to the Order to Show Cause, Plaintiffs may seek entry of default by the clerk against Namecheap for failure to respond to the Second Amended Complaint, on or before December 14, 2022. Failure to respond to this Order may result in the imposition of sanctions, including but not limited to dismissal of the Second Amended Complaint against Namecheap. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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Filing 63
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. The Court orders Plaintiffs to serve and file proofs of service for all defendants who have not yet been served with the Summons and Second Amended Complaint by no later than December 22, 2022. Failure to file the proofs of service as instructed by the Court may result in the dismissal of any unserved defendants without prejudice. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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| Filing 62 [PROPOSED] ORDER re NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #60 filed by Defendant Bank of America, N.A.. (Esposito, Matthew) |
| Filing 61 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #60 filed by Defendant Bank of America, N.A.. (Esposito, Matthew) |
| Filing 60 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Bank of America, N.A.. Motion set for hearing on 12/19/2022 at 01:30 PM before Judge Percy Anderson. (Attorney Matthew J Esposito added to party Bank of America, N.A.(pty:dft)) (Esposito, Matthew) |
| Filing 59 PROOF OF SERVICE filed by Plaintiff Johan Neerman, re Amended Complaint, #23 served on 11/1/22. (es) |
| Filing 58 AFFIDAVIT OF SERVICE Executed by Plaintiff Olha Pavlenko/Neerman, Johan Neerman, upon Defendant Namecheap, Inc. served on 11/7/2022, answer due 11/28/2022. Service of the Second Amended Complaint and Amended Summons were executed upon Sofia Dugie, person authorized in compliance with statute not specified by personal service. Original Summons NOT returned. (aco) |
| Filing 57 AFFIDAVIT OF PROCESS SERVER by affiant James Anderson re Amended Complaint, #30 filed by Plaintiffs Johan Neerman, Olha Pavlenko/Neerman. (aco) |
| Filing 56 PROOF OF SERVICE filed by plaintiffs Johan Neerman, Olha Pavlenko/Neerman, re Amended Complaint, #30 served on 11/1/22. (aco) |
| Filing 55 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT by Judge Percy Anderson. Document is stricken. Hearing information is missing. No Notice of Motion pursuant to L.R. 6-1. RE: MOTION FOR ALTERNATIVE SERVICE #51 . (aco) |
| Filing 54 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: MOTION FOR ALTERNATIVE SERVICE #51 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. No Notice of Motion pursuant to L.R. 6-1 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 52 NOTICE OF CLERICAL ERROR: Due to clerical error, Exhibits to be attached to docket entry were not attached. Document has been redocketed with Exhibits attached, See Doc 51. Re: MOTION FOR ALTERNATIVE SERVICE #50 . (aco) |
| Filing 53 AFFIDAVIT by affiant: Johan Neerman RE MOTION FOR ALTERNATIVE SERVICE #51 filed by Plaintiffs Johan Neerman, Olha Pavlenko/Neerman. (aco) |
| Filing 51 [DOCUMENT STRICKEN PER ORDER ON 10/26/2022, SEE DOCKET NO. 55] MOTION FOR ALTERNATIVE SERVICE filed by plaintiffs Johan Neerman, Olha Pavlenko/Neerman. (Attachments: #1 Exhibit) (aco) Modified on 10/27/2022 (aco). |
| Filing 50 [NOTICE OF CLERICAL ERROR ISSUED ON 10/25/2022, SEE DOCKET NO. 52] MOTION FOR ALTERNATIVE SERVICE filed by Plaintiffs Johan Neerman, Olha Pavlenko/Neerman. (aco) Modified on 10/25/2022 (aco). |
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Filing 49
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. The Court Orders Plaintiffs to file proofs of service for all Defendants they serve with the Summons and Second Amended Complaint by no later than November 15, 2022, and for any Defendant that they fail to serve with the Summons and Second Amended Complaint, the Court orders Plaintiffs to show cause, in writing, why this action should not be dismissed as to any Defendant who has not been served with the Summons and Second Amended Complaint by that date. Failure to file the proofs of service as instructed by the Court may result in the imposition of sanctions, including but not limited to dismissal of any unserved Defendants without prejudice. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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| Filing 48 RESPONSE TO ORDER TO SHOW CAUSE filed by Plaintiffs Johan Neerman, Olha Pavlenko/Neerman. (Attachments: #1 Exhibit 1)(aco) |
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Filing 47
Order to Show Cause Re: Dismissal For Lack Of Prosecution by Judge Percy Anderson. Accordingly, the court, on its own motion, orders plaintiffs to show cause in writing on or before October 3, 2022, why this action should not be dismissed as to defendants, Jeff Cates, Joshua Comstock, Randell Young, Matt Brass, Mark Sparrow, Andrew Lechard, Bank of America, N.A., and Namecheap, Inc., for lack of prosecution. (rolm)
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Filing 46
Order to Show Cause Re; Dismissal For Lack Of Prosecution by Judge Percy Anderson. Accordingly, the court, on its own motion, orders plaintiffs to show cause in writing on or before October 3, 2022, why this action should not be dismissed as to defendants Matt Grunseich, Oicth Upfront LLC, Playsav Corporation, thecyberworld.org, bmswebsecurity.com, cybercertconsultants.com, 100bots.com, thetechdealer.com, theinternettycoon.com, ourtechfriend.com, hireadeveloper.org, ceocapnet.com, sawadcorppcl.com, greenanins.com, zhejiangwuyircbank.com, Sarah Huera, Allene Lewis, Chuck Ingber, Florentine Young, Cryptocashfast LLC, Fire Monkey LLC, and Deep Foundation Services, Inc., for lack of prosecution. (rolm)
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Filing 45
NOTICE OF DISCREPANCY AND ORDER: by Judge Percy Anderson, ORDERING Letter submitted by Plaintiffs Johan Neerman, Olha Pavlenko/Neerman received on 8/25/2022 is not to be filed but instead rejected. Denial based on: No letter to Judge. (et)
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| Filing 44 DECLARATION OF JOHAN NEERMAN filed by Plaintiff Johan Neerman. (Attachments: #1 Exhibit)(aco) |
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Filing 43
NOTICE OF DISCREPANCY AND ORDER by Judge Percy Anderson, ORDERING Document submitted by Plaintiff Johan Neerman received on August 3, 2022 is not to be filed but instead rejected. Denial based on: No letter to the Judge; duplicate summons request. (aco)
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Filing 42
NOTICE OF DISCREPANCY AND ORDER: by Judge Percy Anderson, ORDERING Document submitted by Plaintiff Johan Neerman received on August 9, 2022 is not to be filed but instead rejected. Denial based on: No letter to the Judge. (aco)
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Filing 41
NOTICE OF DISCREPANCY AND ORDER by Judge Percy Anderson, ORDERING Document submitted by Plaintiff Johan Neerman received on 08/15/2022 is not to be filed but instead rejected. Denial based on: No letter to the Judge. (aco)
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| Filing 40 21 DAY Summons Issued re Second Amended Complaint, #30 as to Defendants Bank of America, N.A., Matt Brass, Jeff Cates, Joshua Comstock, Cryptocashfast LLC, Deep Foundation Services, Inc., Fire Monkey LLC, Matt Grunseich, Sarah Huerta, Chuck Ingber, Andrew Lechard, Allene Lewis, Namecheap, Inc., Oicth Upfront LLC, Playsav Corporation, Mark Sparrow, Florentine Young, Randell Young. (aco) |
| Filing 39 DECLARATION OF JOHAN NEERMAN filed by Plaintiff Johan Neerman. (aco) |
| Filing 38 Request for Clerk to Issue Summons on Amended Complaint, #30 filed by Plaintiff Johan Neerman. (aco) |
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Filing 37
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court therefore orders Plaintiff Neerman to submit a declaration under penalty of perjury by August 22, 2022. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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Filing 36
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The filing has been construed as a Motion to Recuse or Disqualify United States District Judge Percy Anderson ("Motion to Recuse"). (Dkt. 35.) Accordingly, the Court concludes that Plaintiffs' Motion to Recuse fails to set forth sufficient factual allegations to require recusal or disqualification pursuant to 28 U.S.C. 144 and 455, or any evidence tending to show personal bias stemming from an extrajudicial source. Nor is there any basis to believe that any other ground for recusal exists. Rather, it appears that Plaintiffs simply disagree with the Court's prior orders. Accordingly, Plaintiffs' Motion toRecuse is denied.; denying #35 AFFIDAVIT of Prejudice. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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| Filing 35 AFFIDAVIT of Prejudice filed by Plaintiffs Johan Neerman, Olha Pavlenko/Neerman. (rolm) Modified on 8/9/2022 (aco). Modified on 8/9/2022 (aco). |
| Filing 34 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Percy Anderson. The document is stricken and counsel is ordered to file an amended. The date and signature line must be left blank. RE: Summons Request #31 . (aco) |
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Filing 33
NOTICE OF DISCREPANCY AND ORDER by Judge Percy Anderson, ORDERING document submitted by Plaintiff Johan Neerman received on July 31, 2022 is not to be filed but instead rejected. Denial based on: No letters to the Judge. (aco)
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| Filing 32 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #31 . The following error(s) was found: The date and signature line must be left blank. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (aco) |
| Filing 31 [DOCUMENT STRICKEN PER ORDER ON 08/03/2022, SEE DOCKET NO. 34] Request for Clerk to Issue Summons on Amended Complaint, #30 filed by Plaintiffs Johan Neerman, Olha Pavlenko/Neerman. (aco) Modified on 8/3/2022 (aco). |
| Filing 30 SECOND AMENDED COMPLAINT against Defendants 100bots.com, Bank of America, N.A., Matt Brass, Jeff Cates, Joshua Comstock, Cryptocashfast LLC, Deep Foundation Services, Inc., Does, Fire Monkey LLC, Matt Grunseich, Sarah Huerta, Chuck Ingber, Andrew Lechard, Allene Lewis, Namecheap, Inc., Oicth Upfront LLC, Playsav Corporation, Mark Sparrow, Florentine Young, Randell Young, bmswebsecurity.com, ceocapnet.com, cybercertconsultants.com, greenanins.com, hireadeveloper.org, ourtechfriend.com, sawadcorppcl.com, thecyberworld.org, theinternettycoon.com, thetechdealer.com, zhejiangwuyircbank.com amending First Amended Complaint, #23 filed by Plaintiffs Olha Pavlenko/Neerman, Johan Neerman.(aco) |
| Filing 29 NOTICE OF CHANGE OF ADDRESS filed by Plaintiffs Johan Neerman, Olha Pavlenko/Neerman. (aco) |
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Filing 28
NOTICE OF DISCREPANCY AND ORDER by Judge Percy Anderson, ORDERING SUBPOENA submitted by Plaintiffs Johan Neerman, Olha Pavlenko/Neerman received on 07/03/2022 is not to be filed but instead rejected. Denial based on: Discovery documents are not to be filed in. (aco)
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Filing 27
NOTICE OF DISCREPANCY AND ORDER by Judge Percy Anderson, ORDERING untitled document submitted by Plaintiffs Johan Neerman, Olha Pavlenko/Neerman received on 07/22/2022 is not to be filed but instead rejected. Denial based on: Fed. R. Civ. P. 5 No proof of service attached to document(s). (aco)
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Filing 26
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. For all of the foregoing reasons, the Court dismisses Plaintiffs' 1st AC for lack of subject matter jurisdiction. Therefore, the Court grants Plaintiffs leave to amend the 1st AC to establish federal subject matter jurisdiction. Plaintiffs' 1st AC added new defendants and such changes failed to comply with the Court's prior order as it exceeded the authorization to amend that the Court granted in its July 1, 2022 Minute Order. Plaintiffs are not to add new defendants or claims in any amended pleading. Plaintiffs' Second Amended Complaint, if any, is to be filed by August 5, 2022. (SEE DOCUMENT FOR FURTHER DETAILS). RE: First Amended Complaint, #23 . (aco)
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| Filing 25 21 DAY Summons Issued re Amended Complaint, #23 as to Defendants Bank of America, N.A., Matt Brass, Jeff Cates, Joshua Comstock, Cryptocashfast LLC, Deep Foundation Services, Inc., Fire Monkey LLC, Matt Grunseich, Sarah Huerta, Chuck Ingber, Andrew Lechard, Allene Lewis, Namecheap, Inc., Oicth Upfront LLC, Playsav Corporation, Mark Sparrow, Florentine Young, Randell Young. (aco) |
| Filing 24 Request for Clerk to Issue Summons on Amended Complaint, #23 filed by Plaintiffs Johan Neerman, Olha Pavlenko/Neerman. (aco) (Main Document 24 replaced on 7/13/2022) (aco). |
| Filing 23 FIRST AMENDED COMPLAINT against Defendants Bank of America, N.A., Matt Brass, Jeff Cates, Joshua Comstock, Matt Grunseich, Andrew Lechard, Namecheap, Inc., Oicth Upfront LLC, Playsav Corporation, Mark Sparrow, Randell Young, thecyberworld.org, bmswebsecurity.com, cybercertconsultants.com, 100bots.com, thetechdealer.com, theinternettycoon.com, ourtechfriend.com, hireadeveloper.org, ceocapnet.com, sawadcorppcl.com, greenanins.com, zhejiangwuyircbank.com, Sarah Huera, Allene Lewis, Chuck Ingber, Florentine Young, Cryptocashfast LLC, Fire Monkey LLC, Deep Foundation Services, Inc., Does amending Complaint - (Discovery), #1 filed by Plaintiffs Olha Pavlenko/Neerman, Johan Neerman. (Attachments: #1 Exhibits). (aco) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Johan Neerman, upon Defendant Namecheap, Inc. served on 7/5/2022, answer due 7/26/2022. Service of the Summons and Complaint were executed upon Namecheap, Inc., a Corporation, Richard Kirkendall - CEO in compliance with California Code of Civil Procedure. Original Summons NOT returned. (aco) |
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Filing 21
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Accordingly, the Court dismisses Plaintiffs' Complaint for lack of subject matter jurisdiction. Plaintiffs' First Amended Complaint, if any, is to be filed by July 18, 2022. The failure to file a First Amended Complaint by that date or to adequately allege the Court's jurisdiction may result in the dismissal of this action without prejudice. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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| Filing 20 PROOF OF SERVICE Executed by Plaintiff Johan Neerman, upon Defendant Randell Young served on 6/25/2022, answer due 7/18/2022. Service of the Summons and Complaint were executed upon Randell Young, an individual in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (aco) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Johan Neerman, upon Plaintiff Bank of America, N.A. served on 6/23/2022, answer due 7/14/2022. Service of the Summons and Complaint were executed upon Teresa Brown, Employee Authorized to Accept in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (aco) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Johan Neerman, upon Defendant Mark Sparrow served on 6/29/2022, answer due 7/20/2022. Service of the Summons and Complaint were executed upon Mark Sparrow, an individual in compliance with California Code of Civil Procedure by substituted service by mail. Original Summons NOT returned. (aco) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Johan Neerman, upon Defendant Matt Brass served on 6/29/2022, answer due 7/20/2022. Service of the Summons and Complaint were executed upon Matt Brass, an individual in compliance with California Code of Civil Procedure by substituted service by mail. Original Summons NOT returned. (aco) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Johan Neerman, upon Defendant Joshua Comstock served on 6/29/2022, answer due 7/20/2022. Service of the Summons and Complaint were executed upon Joshua Comstock, an individual in compliance with California Code of Civil Procedure by substituted service by mail. Original Summons NOT returned. (aco) |
| Filing 15 PROOF OF SERVICE Executed by Defendant Johan Neerman, upon Defendant Andrew Lechard served on 6/29/2022, answer due 7/20/2022. Service of the Summons and Complaint were executed upon Andrew Lechard, an individual in compliance with California Code of Civil Procedure by substituted service by mail. Original Summons NOT returned. (aco) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Johan Neerman, upon Defendant Jeff Cates served on 6/29/2022, answer due 7/20/2022. Service of the Summons and Complaint were executed upon Defendant Jeff Cates, an individual in compliance with California Code of Civil Procedure by substituted service by mail. Original Summons NOT returned. (aco) |
| Filing 13 Mail Returned addressed to Olha Pavlenko re Initial Order upon Filing of Complaint - form only #6 (aco) |
| Filing 12 Mail Returned addressed to Olha Pavlenko re Notice to Parties of Court-Directed ADR Program (ADR-8) #4 . (aco) |
| Filing 11 Mail Returned addressed to Olha Pavlenko re Order #7 . (aco) |
| Filing 10 Mail Returned addressed to Olha Pavlenko re Notice of Assignment to United States Judges(CV-18) #3 . (aco) |
| Filing 8 Mail Returned addressed to Olha Pavlenko re Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge #5 . (iv) |
| Filing 9 Mail Returned addressed to Olha Pavlenko re Summons Issued #2 . (iv) |
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Filing 7
SELF-REPRESENTATION ORDER by Judge Percy Anderson. SEE ORDER FOR DETAILS. (iv)
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Filing 6
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Percy Anderson. (iv)
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| Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Pedro V. Castillo. (jtil) |
| Filing 2 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendants Bank of America, N.A., Matt Brass, Jeff Cates, Joshua Comstock, Matt Grunseich, Andrew Lechard, Namecheap, Inc., Oicth Upfront LLC, Playsav Corporation, Mark Sparrow and Randell Young. (jtil) |
| Filing 1 COMPLAINT filed by Plaintiffs Olha Pavlenko, Johan Neerman against Defendants Bank of America, N.A., Matt Brass, Jeff Cates, Joshua Comstock, Matt Grunseich, Andrew Lechard, Namecheap, Inc., Oicth Upfront LLC, Playsav Corporation, Mark Sparrow, Randell Young. Case assigned to Judge Percy Anderson for all further proceedings. Discovery referred to Magistrate Judge Pedro V. Castillo. (Filing fee $ 402 Paid.) (Attachments: #1 CV71) (jtil) |
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