Morning Star, LLC v. Keith B. Canter et al
| Morning Star, LLC, a Nevada limited liability company and Morning Star, LLC |
| Keith B. Canter and Does 1-50, inclusive |
| Karen Elise Schoen |
| Patrick Farshad Nazemi |
| 2:2022cv04973 |
| July 20, 2022 |
| US District Court for the Central District of California |
| Margo A Rocconi |
| James V Selna |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 93 FINANCIAL ENTRY: Disbursed $50,550.97 from the registry of the Court to Morning Star, LLC on 02/13/2023. Re: Minutes of In Chambers Order/Directive - no proceeding held,, #92 . (jco) |
Filing 92
MINUTE ORDER [IN CHAMBERS] Order Regarding Exonerating Bond by Judge James V. Selna: On September 22, 2022, this Court instated a preliminary injunction and ordered Plaintiff Morning Star to post a $50,000 bond. (Dkt. No. 40.) Morning Star posted the bond on October 3, 2022. (Dkt. No. 43.) On November 28, 2022, the Court dissolved the preliminary injunction due to a substantial change in circumstances. (Dkt. No. 73.) Having dissolved the preliminary injunction, the Court finds it no longer necessary to maintain the bond. See Fed. R. Civ. P. 65(c). Accordingly, the Court ORDERS the bond exonerated. (bm)
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| Filing 91 NOTICE OF FILING TRANSCRIPT filed for proceedings 9-26-22 2:56 p.m. re Transcript #90 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Seffens, Sharon) TEXT ONLY ENTRY |
| Filing 90 TRANSCRIPT for proceedings held on 9-26-22 2:56 p.m. Court Reporter/Electronic Court Recorder: Sharon Seffens, phone number sseffens@earthlink.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/17/2023. Redacted Transcript Deadline set for 1/26/2023. Release of Transcript Restriction set for 3/27/2023. (Seffens, Sharon) |
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Filing 89
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #77 filed by Morning Star, LLC. CCA # 22-56119. Appellant's emergency motion for a stay pending appeal is denied. See Nken v. Holder, 556 U.S. 418, 426 (2009). The existing briefing schedule remains in effect. (mat)
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Filing 88
MINUTES (In Chambers) ORDER DENYING FIRST EX PARTE APPLICATION TO QUASH SUBPOENA, DKT. 74 by Magistrate Judge Margo A. Rocconi: For the reasons set forth below, Plaintiff's Motion to Quash is DENIED; however, the Court will, on its own motion, modify the subpoenas. Denying #74 Ex Parte Application to Quash Subpoena. [See document for details.] (es)
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| Filing 87 TRANSCRIPT ORDER re: Court of Appeals case number 22-56119, as to plaintiff Morning Star, LLC for Court Reporter. Court will contact Ronald D Tym at RTym@Tymfirm.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Tym, Ronald) |
| Filing 86 TRANSCRIPT ORDER re: Court of Appeals case number 22-56119, as to plaintiff Morning Star, LLC for Court Reporter. Court will contact Ronald D Tym at RTym@Tymfirm.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Tym, Ronald) |
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Filing 84
ORDER DENIED BY ORDER OF THE COURT by Judge James V. Selna: Denying #79 MORNING STAR, LLC'S EX PARTE APPLICATION FOR STAY PENDING APPEAL OF ORDER (DOC 73) DISSOLVING PRELIMINARY INJUNCTION (es)
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Filing 85
ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION TO CONTINUE TRIAL AND EXTEND RELATED DATES by Judge James V. Selna: Granting #75 EX PARTE APPLICATION to Continue Trial and Extend Related Dates, the Court finds good cause to grant the motion. The new dates for trial and related deadlines is as follows: Jury Trial set for 9/5/2023 at 01:30 PM; Final Pretrial Conference set for 8/21/2023 at 11:00 AM; Discovery Cut-off 5/22/2023; Expert Discovery Cut-off 8/7/2023. [See Order for further details and deadlines.] (es)
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Filing 83
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #77 filed by Morning Star, LLC. CCA # 22-56119. The appeal filed November 28, 2022 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. Failure to file timely the opening brief shall result in the automatic dismissalof this appeal by the Clerk for failure to prosecute. [See document for more complete details.](mat)
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| Filing 82 MEMORANDUM in Opposition to Ex Parte Motion for Stay Pending Appeal filed by Defendants Keith B. Canter, Karen Elise Schoen. (Friedman, Michael) |
| Filing 81 DECLARATION of KEITH B. CANTER RE STATUS OF WINDOW REMOVAL PER COURTS ORDER DISSOLVING PRELIMINARY INJUNCTION NOTICE OF MOTION AND MOTION for Preliminary Injunction re Dissolution or Modification of Preliminary Injunction Halting Construction of Defendants' Residence #52 filed by Defendants Keith B. Canter, Karen Elise Schoen. (Friedman, Michael) |
| Filing 80 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 22-56119 assigned to Notice of Appeal to 9th Circuit Court of Appeals #77 as to Plaintiff Morning Star, LLC. (car) |
| Filing 79 EX PARTE APPLICATION to Stay pending appeal Order on Motion for Preliminary Injunction,, #73 filed by plaintiff Morning Star, LLC. (Attachments: #1 Declaration of Ronald D Tym, #2 Proposed Order Granting Ex Parte Application) (Tym, Ronald) |
| Filing 78 Opposition to Ex Parte Appliction to Continue Trial Opposition re: EX PARTE APPLICATION to Continue Trial from March 21, 2023 to September 5, 2023 EX PARTE APPLICATION to Set Trial Date on September 5, 2023 #75 filed by Plaintiff Morning Star, LLC. (Friedlander, Daniel) |
| Filing 77 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by plaintiff Morning Star, LLC. Appeal of Order on Motion for Preliminary Injunction,, #73 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-34394545.) (Tym, Ronald) |
| Filing 76 DECLARATION of Michael N. Friedman in Opposition to First EX PARTE APPLICATION to Quash Subpoena re: Document Production #74 filed by Defendants Keith B. Canter, Karen Elise Schoen. (Friedman, Michael) |
| Filing 75 EX PARTE APPLICATION to Continue Trial from March 21, 2023 to September 5, 2023, EX PARTE APPLICATION to Set Trial Date on September 5, 2023 filed by defendants Keith B. Canter, Karen Elise Schoen. (Attachments: #1 Declaration of Alan Robert Block in Support of Ex Parte Application to Continue Trial and Related Dates, #2 Declaration of Michael N. Friedman in Support of Ex Parte Application to Continue Trial and Related Dates, #3 Proposed Order Granting Defendants' Ex Parte Application to Continue Trial and Related Dates) (Friedman, Michael) |
| Filing 74 First EX PARTE APPLICATION to Quash Subpoena re: Document Production filed by Plaintiff and Counterclaim Defendant Morning Star, LLC. (Attachments: #1 Proposed Order)(Friedlander, Daniel) |
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Filing 73
MINUTES [IN CHAMBERS] Order Regarding Motion to Modify Preliminary Injunction #52 by Judge James V. Selna. For the foregoing reasons, the Court GRANTS Trustees' motion to dissolve the preliminary injunction, providing they promptly take steps to remove the window in the second-story unit facing toward Morning Star's property. They shall file a report with the Court within in ten day of this Order stating the status of removal, which includes picture(s), and shall file a similar report every ten days thereafter until the window is removed. The Court finds that oral argument would not be helpful in this matter. (See document for further information).; granting #52 MOTION for Preliminary Injunction. (aco)
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| Filing 72 OPPOSITION to REQUEST for Hearing on motion to modify or dissolve preliminary injunction, re NOTICE OF MOTION AND MOTION for Preliminary Injunction re Dissolution or Modification of Preliminary Injunction Halting Construction of Defendants' Residence 70 filed by Defendants Keith B. Canter, Karen Elise Schoen. (Friedman, Michael) |
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Filing 71
MINUTE ORDER [IN CHAMBERS] Order Regarding Request for Hearing #70 by Judge James V. Selna: The Court requests that Defendants Keith Canter and Karen Schoen file a brief, not to exceed five pages, responding to the arguments in the request from Morning Star by November 30, 2022, at 5:00 p.m. [See document for further information.] (es)
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| Filing 70 REQUEST for Hearing on motion to modify or dissolve preliminary injunction, re NOTICE OF MOTION AND MOTION for Preliminary Injunction re Dissolution or Modification of Preliminary Injunction Halting Construction of Defendants' Residence #52 , filed by plaintiff Morning Star, LLC. (Tym, Ronald) |
| Filing 69 [IN CHAMBERS] Text Only Entry: The tentative ruling having been posted on Defendants Motion to Dissolve or Modify Preliminary Injunction #52 , the hearing set for 11/21/2022 at 1:30 pm is VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lb) TEXT ONLY ENTRY |
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Filing 68
MINUTES [IN CHAMBERS] Order Regarding Motion to Dismiss #51 by Judge James V. Selna: granting #51 MOTION to Dismiss for Lack of Jurisdiction. Because Nazemi was not an opposing party in this action prior to Trustees' filing their counterclaim, the Court GRANTS Nazemi's motion to dismiss counterclaims against Nazemi. The Court finds that oral argument on this matter will not be helpful. The Court therefore VACATES the November 21, 2022 hearing. [see document for further information] (et) (et).
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| Filing 67 OPPOSITION filed by Plaintiff Morning Star, LLC. (Friedlander, Daniel) |
| Filing 66 DEFENDANTS' REQUEST TO VACATE HEARING ON MOTION TO DISMISS COUNTERCLAIM DEFENDANT PATRICK FARSHAD NAZEMI re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #51 filed by Counter Claimants Keith B. Canter, Karen Elise Schoen. (Friedman, Michael) |
| Filing 65 Objections to Evidence Opposition re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re Dissolution or Modification of Preliminary Injunction Halting Construction of Defendants' Residence #52 filed by Plaintiff Morning Star, LLC. (Friedlander, Daniel) |
| Filing 64 REPLY support NOTICE OF MOTION AND MOTION for Preliminary Injunction re Dissolution or Modification of Preliminary Injunction Halting Construction of Defendants' Residence #52 filed by Defendants Keith B. Canter, Karen Elise Schoen. (Attachments: #1 Reply Declaration of Karen Schoen in Support of Motion to Dissolve or Modify Preliminary Injunction)(Friedman, Michael) |
| Filing 63 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #51 and Request for OSC Re: Sanctions Against Counterclaimants and Their Counsel, Mr. Alan Block and Mr. Michael Friedman, for Violation of Local Rules filed by Counter Defendant Patrick Farshad Nazemi. (Attachments: #1 Declaration of Ronald D Tym ISO Reply)(Tym, Ronald) |
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Filing 62
ORDER DENIED BY ORDER OF THE COURT by Judge James V. Selna: Denying #59 Plaintiff and Counterclaim Defendant's Ex Parte Application to Continue Trial Date and Related CutOff Dates and PreTrial Deadlines. SEE ORDER FOR DETAILS. (es)
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| Filing 61 DECLARATION of Daniel Friedlander In Support of Ex Parte Applicaion to Continue Trial EX PARTE APPLICATION to Continue Trial from MArch 21, 2023 to 180 days #59 filed by Plaintiff Morning Star, LLC. (Friedlander, Daniel) |
| Filing 60 DECLARATION of Michael N. Friedman in Response to EX PARTE APPLICATION to Continue Trial from MArch 21, 2023 to 180 days #59 filed by Counter Claimants Keith B. Canter, Karen Elise Schoen, Defendants Keith B. Canter, Karen Elise Schoen. (Friedman, Michael) |
| Filing 59 EX PARTE APPLICATION to Continue Trial from MArch 21, 2023 to 180 days filed by Plaintiff and Counterclaim Defendant Morning Star, LLC. (Attachments: #1 Proposed Order, #2 Declaration) (Friedlander, Daniel) |
| Filing 58 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #51 filed by Counter Claimants Keith B. Canter, Karen Elise Schoen. (Friedman, Michael) |
| Filing 57 OPPOSITION in opposition to re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re Dissolution or Modification of Preliminary Injunction Halting Construction of Defendants' Residence #52 filed by Plaintiff Morning Star, LLC. (Attachments: #1 Declaration of Patrick Nazemi ISO Opposition)(Tym, Ronald) |
| Filing 56 ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim #48 with JURY DEMAND filed by Plaintiff and Counterclaim Defendant Morning Star, LLC.(Friedlander, Daniel) |
| Filing 55 CERTIFICATE of Interested Parties filed by Counterclaim Defendant Patrick Farshad Nazemi, identifying Morning Star, LLC; Keith B. Canter; Karen Elise Schoen. (Tym, Ronald) |
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Filing 54
MINUTE ORDER [IN CHAMBERS] ORDER RE SCHEDULING DATES by Judge James V. Selna: The Court has read and considered the parties separate reports and sets the following dates: Jury Trial March 21, 2023 at 8:30 a.m. Final PreTrial Conference March 6, 2023 at 11:00 a.m. Discovery Cut-off December 6, 2022. Expert Discovery Cut-off February 20, 2023. Law and Motion Cut-off January 30, 2023 at 1:30 p.m. The Court orders that settlement discussions pursuant to Local Rule 16-15 shall be completed not later than January 30, 2023. [See document for further details and deadlines.] (es)
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| Filing 53 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #51 . 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. (es) |
| Filing 52 NOTICE OF MOTION AND MOTION for Preliminary Injunction re Dissolution or Modification of Preliminary Injunction Halting Construction of Defendants' Residence filed by Defendants Keith B. Canter, Karen Elise Schoen. Motion set for hearing on 11/21/2022 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendants' Motion to Dissolve or Modify Preliminary Injunction, #2 Declaration of Karen Schoen in Support of Defendants' Motion to Dissolve or Modify Preliminary Injunction, #3 Declaration of Keith Canter in Support of Defendants' Motion to Dissolve or Modify Preliminary Injunction, #4 Proposed Order Granting Defendants' Motion to Dissolve or Modify Preliminary Injunction) (Friedman, Michael) |
| Filing 51 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Counterclaim Defendant Patrick Farshad Nazemi. Motion set for hearing on 11/21/2022 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss, #2 Proposed Order) (Attorney Ronald D Tym added to party Patrick Farshad Nazemi(pty:cd)) (Tym, Ronald) |
| Filing 50 Demand for Jury Trial filed by Plaintiff Morning Star, LLC, Counter Defendant Morning Star, LLC (Friedlander, Daniel) |
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Filing 49
MINUTES [IN CHAMBERS] Order Regarding Motion to Disqualify Counsel by Judge James V. Selna: Denying #33 MOTION to disqualify Counsel. For the following reasons, the Court DENIES the motion. The Court finds that oral argument would not be helpful in this matter and VACATES the October 17, 2022 hearing. Fed R. Civ. P. 78; L.R. 7-15. [See Order for further Information.] (es)
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| Filing 48 ANSWER to Amended Complaint/Petition #15 First Amended Answer to First Amended Complaint and, COUNTERCLAIM against Morning Star, LLC, Patrick Farshad Nazemi filed by Defendants Karen Elise Schoen, Keith B. Canter.(Friedman, Michael) |
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Filing 47
MINUTE ORDER [IN CHAMBERS] ORDER STRIKING JURY DEMAND by Judge James V. Selna: re: Jury Demand #46 . The Court strikes Morning Star LLC's demand for jury trial (Docket No. 46) as untimely. (Fed. R. Civ. P. 38(d).) The Court directs that this matter be set for a Bench trial. (es)
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| Filing 46 [STRICKEN BY ORDER OF THE COURT SEE DKT. #47 ] Demand for Jury Trial filed by Plaintiff Morning Star, LLC (Friedlander, Daniel) Modified on 10/5/2022 (es). |
| Filing 45 Plaintiff's Proposed Schedule of Pretrial Dates filed by Plaintiff Morning Star, LLC (Friedlander, Daniel) |
| Filing 44 Notice Defendants' Schedule of Pretrial Dates filed by defendants Keith B. Canter, Karen Elise Schoen. (Friedman, Michael) |
| Filing 43 FINANCIAL ENTRY: Received $50,000.00 into the registry of the Court from Morning Star LLC on 09/30/2022. Re: Order on Motion for Preliminary Injunction,,,, #40 . Receipt number LA244500. (jco) |
| Filing 42 Notice filed by Plaintiff Morning Star, LLC. of Posting of Civil Bond for Preliminary Injunction (Tym, Ronald) |
| Filing 41 REPLY in support of NOTICE OF MOTION AND MOTION to Disqualify Counsel Alan Robert Block and firm of Block & Block #33 filed by Plaintiff Morning Star, LLC. (Attachments: #1 Declaration of Robert Forouzandeh, #2 Declaration (Supplemental) of Patrick Nazemi)(Tym, Ronald) |
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Filing 40
MINUTES [IN CHAMBERS] Order Regarding Order to Show Cause Why a Preliminary Injunction Should Not Issue by Judge James V. Selna: Granting #17 EX PARTE APPLICATION for Preliminary Injunction. For the forgoing reasons, the Court GRANTS the motion. Trustees are ordered to cease improvements on the second story unit above the garage, including but not limited to installing windows, until the final disposition in this case. Trustees may take non-permanent steps to weatherproof the second story unit by installing protective shrink wrapping. This injunction only prevents Trustees from conducting improvements on the second story unit. They may therefore continue construction on other portions of the structure. Morning Star is ordered to post a bond of $50,000. See Fed. R. Civ. P. 65(c). Finally, because the Court further finds that adjudicating this case on the merits quickly would be beneficial to both parties, this case is hereby set for trial on March 21, 2023 at 8:30 a.m. The parties shall meet and confer and submit a proposal for the balance of the pretrial dates within seven days of this order. Scheduling Conference set for October 24, 2022 at 10:30 a.m. is ordered VACATED. [See Order for details.] (es)
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| Filing 39 MINUTES OF Order to Show Cause Why a Preliminary Injunction Should Not Issue Hearing held before Judge James V. Selna: Cause is called for hearing and counsel make their appearances. The tentative ruling is argued and taken under submission. Court Reporter: Sharon Seffens. (es) |
| Filing 38 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Disqualify Counsel Alan Robert Block and firm of Block & Block #33 filed by Defendants Keith B. Canter, Karen Elise Schoen. (Attachments: #1 Declaration of Alan Robert Block in Opposition to Motion to Disqualify Alan Robert Block and Block & Block, APC as Defendants' Counsel)(Friedman, Michael) |
| Filing 37 DECLARATION of Alan Robert Block in Opposition to OSC re Preliminary Injunction EX PARTE APPLICATION for Temporary Restraining Order as to TRO to enjoin construction activities EX PARTE APPLICATION for Preliminary Injunction re Preliminary Injunction to enjoin construction activities #17 filed by Defendants Keith B. Canter, Karen Elise Schoen. (Friedman, Michael) |
| Filing 36 SUPPLEMENT AL Opposition to Order to Show Cause re Preliminary Injunction filed by Defendants Keith B. Canter, Karen Elise Schoen. (Attachments: #1 Declaration Supplemental Declaration of Keith Canter in Opposition to OSC re Preliminary Injunction, #2 Declaration Declaration of Russell Hamm in Opposition to OSC re Preliminary Injunction, #3 Declaration Declaration of Bill Moss in Opposition to OSC re Preliminary Injunction, #4 Declaration Supplemental Declaration of Karen Schoen in Opposition to OSC re Preliminary Injunction, #5 Declaration Supplemental Declaration of Ernesto Sepulveda in Opposition to OSC re Preliminary Injunction)(Friedman, Michael) |
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Filing 35
[IN CHAMBERS] ORDER by Judge James V. Selna: The Court has reviewed the Request for Evidentiary Hearing on Issuance of Preliminary Injunction #32 filed by Morning Star, LLC. The Court DENIES the request. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY
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| Filing 34 ANSWER to Amended Complaint/Petition #15 Answer to First Amended Complaint filed by Defendant Keith B. Canter, Karen Elise Schoen.(Attorney Alan Robert Block added to party Keith B. Canter(pty:dft), Attorney Alan Robert Block added to party Karen Elise Schoen(pty:dft))(Block, Alan) |
| Filing 33 NOTICE OF MOTION AND MOTION to Disqualify Counsel Alan Robert Block and firm of Block & Block filed by Plaintiff Morning Star, LLC. Motion set for hearing on 10/17/2022 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Disqualify, #2 Declaration of Patrick Nazemi in Support of Motion to Disqualify Counsel) (Tym, Ronald) |
| Filing 32 Notice of Request and Request Pursuant to FRCP 43(c) for Evidentiary Hearing on Motion for Preliminary Injunction filed by Plaintiff Morning Star, LLC. (Tym, Ronald) |
| Filing 31 Objection in support of re: EX PARTE APPLICATION for Temporary Restraining Order as to TRO to enjoin construction activities EX PARTE APPLICATION for Preliminary Injunction re Preliminary Injunction to enjoin construction activities #17 Evidentiary Objections to Defendants' Declarations [Doc. 27-1, 27-2, 27-3 filed by Plaintiff Morning Star, LLC. (Tym, Ronald) |
| Filing 30 REPLY in support of EX PARTE APPLICATION for Temporary Restraining Order as to TRO to enjoin construction activities EX PARTE APPLICATION for Preliminary Injunction re Preliminary Injunction to enjoin construction activities #17 and replying to opposition #27 filed by Plaintiff Morning Star, LLC. (Attachments: #1 Declaration of Daniel A Friedlander, #2 Declaration of Andrew McNeil, #3 Declaration of Robert Forouzandeh, #4 Declaration of Ronald Tym, #5 Declaration (Supplemental) of Patrick Nazemi, #6 Declaration of Earl Kaplan, #7 Declaration of Golnaz Rassekh, #8 Declaration of Farshad Harandi)(Tym, Ronald) |
| Filing 29 MINUTES OF OSC to Show Cause Why a Preliminary Injunction Should Not Issue Hearing held before Judge James V. Selna: For the reasons stated on the record, the Court ORDERS as follows:1. The hearing on Order to Show Cause why a Preliminary Injunction Should not Issue is CONTINUED to Monday, September 26, 2022, at 3:00 p.m. 2. Plaintiff shall file a reply by Friday September 16, 2022. Defendant's answer and brief due by September 22, 2022. Court Reporter: Deborah Parker. (es) |
| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Association of Counsel #25 . The following error(s) was/were found: Notice of Association of Counsel not signed by Daniel Friedlander.. 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 27 OPPOSITION filed by Defendants Keith B. Canter, Karen Elise Schoen. (Attachments: #1 Declaration Declaration of Alan Robert Block in Opposition to OSC re Preliminary Injunction, #2 Declaration Declaration of Keith Canter in Opposition to OSC re Preliminary Injunction, #3 Declaration Declaration of Karen Schoen in Opposition to OSC re Preliminary Injunction, #4 Declaration Declaration of Ernesto Sepulveda in Opposition to OSC re Preliminary Injunction)(Friedman, Michael) |
| Filing 26 OPPOSITION filed by Defendants Keith B. Canter, Karen Elise Schoen. (Friedman, Michael) |
| Filing 25 NOTICE of Association of Counsel associating attorney Ronald D Tym on behalf of Plaintiff Morning Star, LLC. Filed by Plaintiff Morning Star, LLC (Attorney Ronald D Tym added to party Morning Star, LLC(pty:pla))(Tym, Ronald) |
| Filing 24 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Morning Star, LLC, upon Defendant Keith B. Canter acknowledgment sent by Plaintiff on 8/30/2022, answer due 9/20/2022. Acknowledgment of Service signed by Alan Block, Attorney for Defendant. (Friedlander, Daniel) |
| Filing 23 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Morning Star, LLC, upon Defendant Karen Elise Schoen acknowledgment sent by Plaintiff on 8/30/2022, answer due 9/20/2022. Acknowledgment of Service signed by Alan Block, Attorney for Defendant. (Friedlander, Daniel) |
| Filing 22 RESPONSE IN SUPPORT of EX PARTE APPLICATION for Temporary Restraining Order as to TRO to enjoin construction activities EX PARTE APPLICATION for Preliminary Injunction re Preliminary Injunction to enjoin construction activities #17 filed by Plaintiff Morning Star, LLC. (Attachments: #1 Declaration Craig Key)(Friedlander, Daniel) |
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Filing 21
Order Setting Rule 26(f) Scheduling Conference for 10/24/2022 at 10:30 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 10/17/22. (lb)
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Filing 20
Order Granting Plaintiff's Ex Parte Application for: (1) Order to Show Cause Re: Preliminary Injunction by Judge James V. Selna: Granting #17 EX PARTE APPLICATION for TRO. Defendants are hereby ORDERED to show cause before this Court in the United States District Court for the Central District of California, Southern Division, on the day September 12, 2022, at 3:00 p.m., or at such other time that this Court deems appropriate, why a preliminary injunction, pursuant to FRCP 65(a), should not issue as prayed for by Plaintiff. Plaintiff shall make any further showing not later than August 29, 2022. Defendants shall make any further showing not later than September 6, 2022. Defendants shall specifically identify what work is necessary to secure the home from weather, and a timetable for accomplishing that work. (es)
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| Filing 19 REPLY Support EX PARTE APPLICATION for Temporary Restraining Order as to TRO to enjoin construction activities EX PARTE APPLICATION for Preliminary Injunction re Preliminary Injunction to enjoin construction activities #17 filed by Plaintiff Morning Star, LLC. (Friedlander, Daniel) |
| Filing 18 MEMORANDUM in Opposition to EX PARTE APPLICATION for Temporary Restraining Order as to TRO to enjoin construction activities EX PARTE APPLICATION for Preliminary Injunction re Preliminary Injunction to enjoin construction activities #17 filed by Defendants Keith B. Canter, Karen Elise Schoen. (Friedman, Michael) |
| Filing 17 EX PARTE APPLICATION for Temporary Restraining Order as to TRO to enjoin construction activities , EX PARTE APPLICATION for Preliminary Injunction re Preliminary Injunction to enjoin construction activities filed by Plaintiff Morning Star, LLC. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Declaration Declaration of Patrick Nazemi, #3 Declaration Declaration of Daniel Friedlander, #4 Proposed Order Notice of Lodging of Proposed Order) (Friedlander, Daniel) |
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Filing 16
ORDER DENIED BY ORDER OF THE COURT by Judge James V. Selna: Denying #12 EX PARTE APPLICATION for (1) Temporary Restraining Order; and (2) Order to Show Cause Re: Preliminary Injunction. SEE ORDER FOR DETAILS. (es)
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| Filing 15 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Morning Star, LLC(Friedlander, Daniel) |
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Filing 14
MINUTE ORDER [IN CHAMBERS] ORDER RE JURISDICTION AND EX PARTE by Judge James V. Selna: re: EX PARTE APPLICATION for Temporary Restraining Order as to TRO to enjoin construction activities #12 , Complaint (Attorney Civil Case Opening), #1 . See Order for details. (es)
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| Filing 13 Defendant's Opposition to Ex Parte Application for TRO and OSC re Preliminary Injunction In Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to TRO to enjoin construction activities #12 filed by Defendants Keith B. Canter, Karen Elise Schoen. (Attachments: #1 Affidavit Declaration of Karen Schoen)(Attorney Michael N Friedman added to party Keith B. Canter(pty:dft), Attorney Michael N Friedman added to party Karen Elise Schoen(pty:dft))(Friedman, Michael) |
| Filing 12 EX PARTE APPLICATION for Temporary Restraining Order as to TRO to enjoin construction activities filed by Plaintiff Morning Star, LLC. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Declaration Declaration of Daniel Friedlander, #3 Proposed Order Notice of Lodging of Proposed Order) (Friedlander, Daniel) |
| Filing 11 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Karen Elise Schoen. (et) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Keith B. Canter. (et) |
| 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 James V. Selna and Magistrate Judge Margo A. Rocconi. (et) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Morning Star, LLC, a Nevada limited liability company. (Friedlander, Daniel) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Morning Star, LLC, a Nevada limited liability company. (Friedlander, Daniel) |
| Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Morning Star, LLC, a Nevada limited liability company, (Friedlander, Daniel) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Morning Star, LLC, a Nevada limited liability company. (Friedlander, Daniel) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33665706 - Fee: $402, filed by Plaintiff Morning Star, LLC, a Nevada limited liability company. (Attorney Daniel A Friedlander added to party Morning Star, LLC, a Nevada limited liability company(pty:pla))(Friedlander, Daniel) |
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