Leon Elster v. Stuart Elster et al
| Leon Elster |
| Stuart Elster, Aaron Elster, Leon Elster, Inc., 8615 Long Beach Blvd, LLC, 7607 St. Bernard, LLC, 1132 West Edgeware, LLC, 2001 West 60th St, LLC, Administrator for Leon Elster, Inc. Defined Benefit Pension Plan and All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest In the Property Described In The Complaint Adverse to Leon Elster, Inc's Title, or Any Cloud on Leon E |
| 2:2022cv05728 |
| August 12, 2022 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Jean P Rosenbluth |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 30 PROOF OF SERVICE Leon Elster, re Minutes of In Chambers Order/Directive - no proceeding held,,,,, #29 served on 10-10-22. (Glaubiger, David) |
Filing 29
MINUTES (IN CHAMBERS) ORDER GRANTING PLAINTIFF'S COUNSEL'S MOTION TO WITHDRAW AND FOR PLAINTIFF TO SHOW CAUSE by Judge Dolly M. Gee: The Court hereby GRANTS Counsel's motion to withdraw as counsel for Plaintiff #12 , provided that Counsel timely files the proof of service described in this Order. The Court orders Counsel to serve this Order on Plaintiff and thereafter file a proof of service by no later than 10/13/2022. Plaintiff shall have newly retained counsel file a notice of appearance (or Plaintiff shall file a status report regarding representation) by no later than 1/14/2022. Plaintiff is advised that if he does not retain new counsel, he shall represent himself, pro se. If Plaintiff proceeds pro se, he shall be expected to comply with all Court orders, the Local Rules, and the Federal Rules of Civil Procedure. Noncompliance may result in the imposition of sanctions, including but not limited to the dismissal of this action. Plaintiff is further ORDERED TO SHOW CAUSE why his claims should not be dismissed without prejudice for failure to comply with a Court order to appear for today's hearing and for failure to prosecute his action. Plaintiff shall file a response to the Order to Show Cause no later than 11/14/2022. Plaintiff is warned that failure to timely and/or adequately respond SHALL RESULT in dismissal of his claims. Court Reporter: Not Reported. (gk)
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| Filing 28 MINUTES OF Motion Hearing held before Judge Dolly M. Gee RE: Attorney David Glaubiger's Motion to Withdraw as Counsel of Record for Plaintiff and Counter-Defendant Leon ELster #12 . There is no appearance by Plaintiff Leon Elster either in-person or by Zoom videoconference. For the reasons stated on the record, the Court GRANTS the above-entitled motion. A written order will issue. The Court will also issue an OSC why sanctions should not be imposed for Plaintiff's failure to appear at the hearing. Plaintiff's Counsel shall serve a copy of the Court's Order on Plaintiff and thereafter file a proof of service by no later than 10/13/2022. Court Reporter: Suzanne McKennon. (gk) |
| Filing 27 PROOF OF SERVICE Leon Elster, served on Minute Order dated September 29, 2022, Minute Order dated September 30, 2022 and Zoom Meeting Information. (Glaubiger, David) |
| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice (Other) #24 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. Plaintiff cannot independently change the hearing date set by the Court from 9/30/2022 at 8:30 AM to 10/6/2022 at 8:30 AM, without seeking leave. 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. (gk) |
| Filing 26 MINUTES OF Motion Hearing held before Judge Dolly M. Gee RE: Attorney David Glaubiger's Motion to Withdraw as Counsel of Record for Plaintiff and Counter-Defendant Leon Elster #12 . There is no appearance by Plaintiff Leon Elster. Counsel acknowledges providing his client with an incorrect address for the courthouse when counsel served the Court's Orders setting and advancing the hearing to 8:30 AM. In order to provide proper notice to Plaintiff, the matter is continued to 10/6/2022 at 08:30 AM before Judge Dolly M. Gee. The hearing shall be in-person and by Zoom video conference. The clerk shall email the Zoom login to counsel to serve on Plaintiff. Defense Counsel shall serve a copy of this Order on Plaintiff, along with the Court order dated 9/29/2022 #22 , and file a proof of service forthwith. Failure of Plaintiff to appear at the 10/6/2022 hearing, by videoconference or in person, may result in the dismissal of this action. The Scheduling Meeting of Counsel and Scheduling Conference are STAYED pending the resolution of the pending motion to withdraw as counsel. Court Reporter: Myra Ponce. (gk) |
| Filing 24 Notice of hearing on Motion to Withdraw as Counsel Leon Elster. (Glaubiger, David) |
| Filing 23 PROOF OF SERVICE Leon Elster, re Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Motion Hearing and R&R Deadlines,,, #22 Minute Order served on 9-29-22. (Glaubiger, David) |
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Filing 22
MINUTES (IN CHAMBERS) ORDER RESCHEDULING HEARING ON MOTION TO WITHDRAW BY PLAINTIFF'S COUNSEL by Judge Dolly M. Gee: Due to the Court's trial calendar, the Court gives the parties notice that the hearing time for the motion of attorney David Glaubiger, counsel of record for Plaintiff, to withdraw as Plaintiff's counsel #12 is advanced to 9/30/2022 at 08:30 AM before Judge Dolly M. Gee. Plaintiff is reminded that failure to appear either in person or by videoconference may result in dismissal of his claims. Attorney Glaubiger is hereby ordered to serve this Order on Plaintiff. No later than 5:00 PM, 9/29/2022, counsel shall file a proof of service indicating service of this Order on Plaintiff. Court Reporter: Not Reported. (gk)
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Filing 21
MINUTES OF IN CHAMBERS - ORDER STAYING SCHEDULING CONFERENCE by Judge Dolly M. Gee: On 8/27/2022, Plaintiff's counsel filed a motion to withdraw from his representation of Plaintiff in this action #12 . In light of Plaintiff's counsel's pending motion to withdraw, and Defendants' lack of opposition, the Scheduling Conference and all associated dates and deadlines are STAYED pending resolution of Plaintiff's counsel's motion to withdraw. Court Reporter: Not Reported. (gk)
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| Filing 20 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Supplemental declaration of David Glaubiger under seal #14 filed by Plaintiff Leon Elster, Counter Defendant Leon Elster.(Glaubiger, David) |
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Filing 19
ORDER RE PLAINTIFF AND COUNTER DEFENDANT LEON ELSTER'S APPLICATIONS FOR AN ORDER GRANTING LEAVE TO FILE DOCUMENTS UNDER SEAL by Judge Dolly M. Gee: IT IS HEREBY ORDERED that Plaintiff and Counter Defendant Leon Elster's Applications for order to file documents under seal are before the Court #13 , #14 are GRANTED. Pursuant to Local Rule 79-5.2.2(c), Plaintiff shall e-file the unredacted documents on the docket within three days of the date of this Order. (gk)
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| Filing 18 PROOF OF SERVICE filed by plaintiff Leon Elster, Leon Elster, re Minutes of In Chambers Order/Directive - no proceeding held,,, #17 served on September 1, 2022. (Glaubiger, David) |
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Filing 17
MINUTES (IN CHAMBERS) ORDER RE HEARING ON MOTION TO WITHDRAW BY PLAINTIFF'S COUNSEL by Judge Dolly M. Gee: This matter is before the Court on the 8/27/2022 motion of attorney David Glaubiger, counsel of record for Plaintiff, to withdraw as Plaintiff's counsel #12 . The motion is noticed for hearing on 9/30/2022 at 9:30 AM. Counsel is ordered to notify Plaintiff that if a request for substitution of counsel is not filed before the hearing (which would obviate the need for the hearing), Plaintiff must appear for the hearing on Counsel's motion to withdraw. Plaintiff's failure to appear may result in the dismissal of his claims. Attorney Glaubiger is hereby ordered to serve this Order on Plaintiff. No later than 9/8/2022, counsel shall file (1) a proof of service indicating service of this Order on Plaintiff and (2) a declaration regarding the status of compliance with this Order. Court Reporter: Not Reported. (gk)
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| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for Leave to file declaration of David Glaubiger under seal #13 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. The filer set this matter for heraing on 9/30/2022 at 9:30 AM. Applications to file documents under seal are generally not set for a hearing date. Proposed order not submitted pursuant to Local Rule 52-4.1. A Declaration along with the Unredacted Documents should be filed using the event, Under Seal Filing Events > Sealed Declaration in Support. Please refer to the Guide to E-filing Sealed Documents (the pdf of the guide is attached at the bottom of the page): http://www.cacd.uscourts.gov/e-filing/sealed-documents. 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. (gk) |
| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION of David Glaubiger, Esq. to Withdraw as Attorney for plaintiff and counter defendant Leon Elster #12 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. 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. (gk) |
| Filing 14 APPLICATION to file document Supplemental declaration of David Glaubiger under seal filed by Plaintiff Leon Elster, Counter Defendant Leon Elster. (Attachments: #1 proposed redactions)(Glaubiger, David) |
| Filing 13 APPLICATION for Leave to file declaration of David Glaubiger under seal filed by plaintiff Leon Elster, Leon Elster. Application set for hearing on 9/30/2022 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 redacted document to file under seal) (Glaubiger, David) |
| Filing 12 NOTICE OF MOTION AND MOTION of David Glaubiger, Esq. to Withdraw as Attorney for plaintiff and counter defendant Leon Elster filed by plaintiff Leon Elster, Leon Elster. Motion set for hearing on 9/30/2022 at 09:30 AM before Judge Dolly M. Gee. (Glaubiger, David) |
| Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Counterclaim #10 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (gk) |
| Filing 10 ANSWER to Answer to Complaint (Discovery),, Counterclaim, #8 with JURY DEMAND ANSWER filed by counter defendant Leon Elster.(Glaubiger, David) |
| Filing 9 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 9/16/2022. Scheduling Conference set for 9/30/2022 at 9:30 a.m. (See order for details.) (kti) |
| Filing 8 ANSWER to Amended Complaint,, , First COUNTERCLAIM against Leon Elster filed by Defendants 1132 West Edgeware, LLC, Stuart Elster, 7607 St. Bernard, LLC, Aaron Elster, Administrator for Leon Elster, Inc. Defined Benefit Pension Plan, 2001 West 60th St, LLC, Leon Elster, Inc., 8615 Long Beach Blvd, LLC.(Bockman, Craig) |
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Filing 7
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Jean P. Rosenbluth. (sh) |
| CONFORMED E-FILED COPY OF ANSWER to COMPLAINT filed by Defendants 1132 West Edgeware, LLC, 2001 West 60th St, LLC, 7607 St. Bernard, LLC, 8615 Long Beach Blvd, LLC, Aaron Elster, Leon Elster, Inc.[FILED IN STATE COURT 09/07/2021 SUBMITTED AS EXHIBIT A TO THE NOTICE OF REMOVAL #1 ](sh) |
| CONFORMED E-FILED COPY OF COMPLAINT against Defendants 1132 West Edgeware, LLC, 2001 West 60th St, LLC, 7607 St. Bernard, LLC, 8615 Long Beach Blvd, LLC, Administrator for Leon Elster, Inc. Defined Benefit Pension Plan, All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest In the Property Described In The Complaint Adverse to Leon Elster, Inc's Title, or Any Cloud on Leon E, Aaron Elster, Stuart Elster, Leon Elster, Inc. Jury Demanded., filed by Plaintiff Leon Elster.[FILED IN STATE COURT 07/14/2021 SUBMITTED AS ATTACHED AS EXHIBIT A TO THE NOTICE OF REMOVAL #1 ] (sh) |
| NON-CONFORMED COPY OF NOTICE OF MOTION AND MOTION TO COMPEL JOINDER filed by Defendants 2001 West 60th St, LLC, 7607 St. Bernard, LLC, 8615 Long Beach Blvd, LLC, Administrator for Leon Elster, Inc. Defined Benefit Pension Plan, All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest In the Property Described In The Complaint Adverse to Leon Elster, Inc's Title, or Any Cloud on Leon E, Aaron Elster, Stuart Elster, Leon Elster, Inc.[STATE COURT FILE DATE NOT INDICATED SUBMITTED AS EXHIBIT A TO THE NOTICE OF REMOVAL #1 ] (sh) |
| CONFORMED E-FILED COPY OF ANSWER TO CROSS-COMPLAINT against Cross-Complainant 1132 West Edgeware, LLC, 2001 West 60th St, LLC, 7607 St. Bernard, LLC, 8615 Long Beach Blvd, LLC, Administrator for Leon Elster, Inc. Defined Benefit Pension Plan, All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest In the Property Described In The Complaint Adverse to Leon Elster, Inc's Title, or Any Cloud on Leon E, Aaron Elster, Stuart Elster, Leon Elster, Inc., filed by Plaintiff Leon Elster.[FILED IN STATE COURT 10/12/2021 SUBMITTED AS EXHIBIT A TO THE NOTICE OF REMOVAL #1 ] (sh) |
| NON-CONFORMED COPY OF FIRST AMENDED COMPLAINT against Defendants 1132 West Edgeware, LLC, 2001 West 60th St, LLC, 7607 St. Bernard, LLC, 8615 Long Beach Blvd, LLC, Administrator for Leon Elster, Inc. Defined Benefit Pension Plan, All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest In the Property Described In The Complaint Adverse to Leon Elster, Inc's Title, or Any Cloud on Leon E, Aaron Elster, Stuart Elster, Leon Elster, Inc. amending COMPLAINT, filed by Plaintiff Leon Elster. [STATE COURT FILE DATE NOT INDICATED SUBMITTED AS EXHIBIT A TO THE NOTICE OF REMOVAL #1 ](sh) |
| NON-CONFORMED COPY OF SECOND AMENDED COMPLAINT against Defendants 1132 West Edgeware, LLC, 2001 West 60th St, LLC, 7607 St. Bernard, LLC, 8615 Long Beach Blvd, LLC, Administrator for Leon Elster, Inc. Defined Benefit Pension Plan, All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest In the Property Described In The Complaint Adverse to Leon Elster, Inc's Title, or Any Cloud on Leon E, Aaron Elster, Stuart Elster, Leon Elster, Inc. amending Complaint, filed by Plaintiff Leon Elster. [STATE COURT FILE DATE NOT INDICATED SUBMITTED AS EXHIBIT B TO THE NOTICE OF REMOVAL #1 ] (sh) |
| Filing 3 NOTICE of Interested Parties filed by Defendants 1132 West Edgeware, LLC, 2001 West 60th St, LLC, 7607 St. Bernard, LLC, 8615 Long Beach Blvd, LLC, Administrator for Leon Elster, Inc. Defined Benefit Pension Plan, Aaron Elster, Stuart Elster, Leon Elster, Inc., identifying There is no parent corporation or publicly held corporation that owns 10% or more of Leon Elster, Inc.. (Bockman, Craig) |
| Filing 2 CIVIL COVER SHEET filed by Defendants 1132 West Edgeware, LLC, 2001 West 60th St, LLC, 7607 St. Bernard, LLC, 8615 Long Beach Blvd, LLC, Administrator for Leon Elster, Inc. Defined Benefit Pension Plan, Aaron Elster, Stuart Elster, Leon Elster, Inc.. (Bockman, Craig) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of Calfiornia, case number 21STCV25835 Receipt No: ACACDC-33801863 - Fee: $402, filed by Defendants 7607 St. Bernard, LLC, Aaron Elster, 1132 West Edgeware, LLC, Administrator for Leon Elster, Inc. Defined Benefit Pension Plan, Stuart Elster, 2001 West 60th St, LLC, Leon Elster, Inc., 8615 Long Beach Blvd, LLC. (Attorney Craig R Bockman added to party 1132 West Edgeware, LLC(pty:dft), Attorney Craig R Bockman added to party 2001 West 60th St, LLC(pty:dft), Attorney Craig R Bockman added to party 7607 St. Bernard, LLC(pty:dft), Attorney Craig R Bockman added to party 8615 Long Beach Blvd, LLC(pty:dft), Attorney Craig R Bockman added to party Administrator for Leon Elster, Inc. Defined Benefit Pension Plan(pty:dft), Attorney Craig R Bockman added to party Aaron Elster(pty:dft), Attorney Craig R Bockman added to party Stuart Elster(pty:dft), Attorney Craig R Bockman added to party Leon Elster, Inc.(pty:dft))(Bockman, Craig) |
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