Mark Allen v. Audiophile Music Direct et al
| Mark Allen |
| Audiophile Music Direct a Nevada corporation doing business as Music Direct, Mobile Fidelity Sound Lab, Inc. and Does 1 through 50, inclusive |
| 2:2022cv08146 |
| November 7, 2022 |
| US District Court for the Central District of California |
| Michael R Wilner |
| George H Wu |
| Other Fraud |
| 28 U.S.C. § 1441 Notice of Removal - Fraud |
| Plaintiff |
Docket Report
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Filing 27
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. The Court HEREBY ORDERS THAT the Application be DENIED. IT IS HEREBY FURTHER ORDERED that the pro hac vice application fee, if paid, be refunded. (See document for further details).; denying #25 APPLICATION of Attorney Mark Durbin to Appear Pro Hac Vice on behalf of Defendants Audiophile Music Direct, Does, Mobile Fidelity Sound Lab, Inc. (aco)
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| Filing 26 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Mark Durbin to Appear Pro Hac Vice on behalf of Defendants Audiophile Music Direct, Does, Mobile Fidelity Sound Lab, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34539833) #25 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Failed to list State Bar where attorney is licensed. Proposed order fails to list phv counsel's email address. Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) |
| Filing 25 APPLICATION of Non-Resident Attorney Mark Durbin to Appear Pro Hac Vice on behalf of Defendants Audiophile Music Direct, Does, Mobile Fidelity Sound Lab, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34539833) filed by Defendant Audiophile Music Direct, Does, Mobile Fidelity Sound Lab, Inc.. (Attachments: #1 Proposed Order) (Kelly, Alexandra) |
| Filing 24 ANSWER to Amended Complaint/Petition #19 with JURY DEMAND filed by Defendant Audiophile Music Direct, Does, Mobile Fidelity Sound Lab, Inc..(Kelly, Alexandra) |
| Filing 23 ANSWER to Amended Complaint/Petition #19 with JURY DEMAND filed by Defendant Audiophile Music Direct, Does, Mobile Fidelity Sound Lab, Inc..(Kelly, Alexandra) |
| Filing 22 MINUTES OF TELEPHONIC SCHEDULING CONFERENCE held before Judge George H. Wu. Court and counsel confer. For reasons stated on the record, the scheduling conference is continued to January 19, 2023 at 8:30 a.m. The parties are to file a joint status report by noon on January 17, 2023. Court Reporter: Terri A. Hourigan. (aco) |
| Filing 21 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 12/15/2022 scheduling conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 20 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 - 15 days, filed by Plaintiff Mark Allen.. (Sokol, Jonathan) |
| Filing 19 Second AMENDED COMPLAINT against Defendants Audiophile Music Direct, Mobile Fidelity Sound Lab, Inc. amending Complaint - (Discovery) JURY DEMAND, filed by Plaintiff Mark Allen(Serova, Vera) |
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Filing 18
ORDER REGARDING PLAINTIFF'S SECOND AMENDED COMPLAINT AND EXTENDING DEFENDANTS AUDIOPHILE MUSIC DIRECT, INC. D/B/A MUSIC DIRECT'S AND MOBILE FIDELITY SOUND LAB, INC.'S DEADLINE TO FILE INITIAL RESPONSIVE PLEADING by Judge George H. Wu. The Court hereby ORDERS that: 1. Plaintiff shall file its Second Amended Complaint by December 2, 2022. 2. The deadline for Music Direct and MoFi to file a responsive pleading shall be extended from November 28, 2022 to December 16, 2022. RE: Stipulation Extending Time to Answer (30 days or less), #17 . (aco)
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| Filing 17 Joint STIPULATION Extending Time to Answer the complaint as to All Defendants, re Order Extending Answer Due Deadline, #16 filed by Defendants Mobile Fidelity Sound Lab, Inc., Does, Audiophile Music Direct. (Attachments: #1 Proposed Order)(Attorney Alexandra Julia Sloan Kelly added to party Does(pty:dft))(Kelly, Alexandra) |
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Filing 16
ORDER EXTENDING DEFENDANTS AUDIOPHILE MUSIC DIRECT, INC. D/B/A MUSIC DIRECTS AND MOBILE FIDELITY SOUND LAB, INC.'S DEADLINE TO FILE INITIAL RESPONSIVE PLEADING by Judge George H. Wu. The Court hereby ORDERS that: 1. The deadline for Music Direct and MoFi to file a responsive pleading shall be extended from November 11, 2022 to November 28, 2022. RE: Stipulation for Extension of Time to File Response/Reply #10 . (aco)
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| Filing 15 CERTIFICATE of Interested Parties filed by Plaintiff Mark Allen, identifying Jim Davis. (Sokol, Jonathan) |
| Filing 14 DECLARATION of Jonathan B. Sokol filed by Plaintiff Mark Allen. (Sokol, Jonathan) |
| Filing 13 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery), filed by Plaintiff Mark Allen(Sokol, Jonathan) |
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Filing 12
MINUTES IN CHAMBERS -ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu. The Court sets a Scheduling Conference for December 15, 2022 at 8:30 a.m. Counsel are reminded of their obligations to disclose information, confer on a discovery plan, and report to the Court, as required by F.R.C.P. 26 and the Local Rules of this Court. Trial counsel are ordered to be present. A Joint 26(f) Report shall be filed with the Court no later than December 8, 2022. See Local Rule 26-1. (aco)
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Filing 11
STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth "Local Rules") 16-1 through 16-15 regarding pre-trial requirements. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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| Filing 10 Joint STIPULATION for Extension of Time to File Initial Responsive Pleading filed by Defendants Audiophile Music Direct, Mobile Fidelity Sound Lab, Inc.. (Attachments: #1 Proposed Order)(Nguyen, Brian) |
| Filing 9 Notice OF FILING OF NOTICE TO SUPERIOR COURT AND ADVERSE PARTY OF REMOVAL OF CIVIL ACTION TO FEDERAL COURT BY DEFENDANT MOBILE FIDELITY SOUND LAB, INC. filed by Defendants Audiophile Music Direct, Mobile Fidelity Sound Lab, Inc.. (Attachments: #1 Exhibit 1 - Notice of Filing Notice of Removal of Civil Action to USDC, #2 Exhibit 2 - Notice to Adverse Party of Removal to USDC)(Nguyen, Brian) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Michael R. Wilner. (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Mark Allen, upon Defendant Mobile Fidelity Sound Lab, Inc. served on 9/27/2022, answer due 10/18/2022. Service of the Summons and Complaint were executed upon Michael Grantham, Registered Agent in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (FILED IN STATE COURT ON 9/29/2022 SUBMITTED ATTACHED EXHIBIT 1) (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Audiophile Music Direct, Does 1 through 50, inclusive, Mobile Fidelity Sound Lab, Inc., filed by plaintiff Mark Allen. (FILED IN STATE COURT ON 9/22/2022 SUBMITTED ATTACHED EXHIBIT 1) (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Mark Allen, upon Defendant Audiophile Music Direct served on 9/28/2022, answer due 10/19/2022. Service of the Summons and Complaint were executed upon Sara Gonzales, American Corporate Register Inc. Registered Agent in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (FILED IN STATE COURT ON 9/29/2022 SUBMITTED ATTACHED EXHIBIT 1) (ghap) |
| Filing 5 Notice of Consent to Removal filed by defendant Audiophile Music Direct. (Kelly, Alexandra) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant Audiophile Music Direct (Kelly, Alexandra) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant Mobile Fidelity Sound Lab, Inc. (Kelly, Alexandra) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Mobile Fidelity Sound Lab, Inc.. (Kelly, Alexandra) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22STCV31121 Receipt No: ACACDC-34287790 - Fee: $402, filed by defendant Mobile Fidelity Sound Lab, Inc.. (Attachments: #1 Exhibit 1 - Summons & Complaint, #2 Civil Case CoverSheet, #3 Notice of Case Assignment, #4 ADR, #5 Voluntary Efficient Litigation Stipulation Packet, #6 First Amended General Order, #7 Proof of Service of Summons on Mobile Fidelity, #8 Proof of Service of Summons on Music Direct, #9 Peremptory Challenge, #10 Certificate of Mailing re Minute Order re Peremptory Challenge, #11 Minute Order re Peremptory Challenge, #12 Certificate of Mailing re Ntc of Case Reassignment, #13 Minute Order re Ntc of Reassignment, #14 Kelly Notice of Appearance, #15 Nguyen Notice of Appearance, #16 Proof of Service on Order and Case Reassignment, #17 Certificate of Mailing re Initial Status Conference, #18 Initial Status Conference Order, #19 Minute Order re Initial Status Conference, #20 Exhibit 2 - Music Direct Consent to Removal, #21 Declaration of James R. Davis in Support) (Attorney Alexandra Julia Sloan Kelly added to party Mobile Fidelity Sound Lab, Inc.(pty:dft))(Kelly, Alexandra) |
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