Small Business Finance Association v. Clothilde Hewlett
| Small Business Finance Association |
| Clothilde Hewlett |
| Public Counsel, U.C. Berkeley Center for Consumer Law & Economic Justice, California Association for Microenterprise Opportunity, the Responsible Business Lending Coalition & the Office of Kat Taylor |
| Rewards Network Establishment Services Inc. |
| 2:2022cv08775 |
| December 2, 2022 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Steve Kim |
| R Gary Klausner |
| Michael R Wilner |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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This docket was last retrieved on December 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 95 NOTICE OF LODGING filed re Pretrial-Trial Scheduling Order - form only #29 (Attachments: #1 Exhibit Proposed Findings of Fact and Conclusions of Law)(Levin, Paul) |
| Filing 94 NOTICE OF LODGING filed of Defendant's [Proposed] Findings of Fact and Conclusions of Law re Pretrial-Trial Scheduling Order - form only #29 (Attachments: #1 [Proposed] Findings of Fact and Conclusions of Law)(Beteta, Douglas) |
| Filing 93 NOTICE OF LODGING Proposed Pretrial Conference Order Defendant Clothilde Hewlett. (Attachments: #1 Proposed Order)(Beteta, Douglas) |
| Filing 92 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Clothilde Hewlett. (Beteta, Douglas) |
| Filing 91 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Small Business Finance Association. (Levin, Paul) |
| Filing 90 Joint Exhibit List filed by Plaintiff Small Business Finance Association.. (Levin, Paul) |
| Filing 89 Witness List filed by Plaintiff Small Business Finance Association.. (Levin, Paul) |
| Filing 88 EXHIBIT Filed filed by Defendant Clothilde Hewlett. Exhibit 6 to Declaration of Rachel Yoo in Support of Defendants as to Objection/Opposition (Motion related),,, #68 . (Yoo, Ji) |
| Filing 87 OPPOSITION to Corrected NOTICE OF MOTION AND MOTION to Exclude CERTAIN OPINIONS OF DEFENDANTS EXPERT, ADAM J. LEVITIN AND DECLARATION OF BENJAMIN H. BRODSKY #59 filed by Defendant Clothilde Hewlett. (Yoo, Ji) |
Filing 86
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS)by Judge R. Gary Klausner: The hearings on 1) Defendants Motion for Summary Judgment #52 ; 2) Movant Public Counsels Motion to File Amicus Brief #57 ; 3) Plaintiffs Motion to Exclude Certain Opinions of Defendants Expert, Adam Levitin #59 and 4) Dendants Motion in Limine No. 1 to Exclude Expert Report and Testimony of Barbra Kingsley #64 calendared for hearing on 10/30/2023, have been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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Filing 85
MINUTES (IN CHAMBERS) Order Re: Defendant's Application to File Under Seal [DE #69 ) by Judge R. Gary Klausner: The Court DENIES the Application. Pursuant to Local Rule 79-5.2.2(b)(ii), Defendant may file the unredacted materials in the public case file no earlier than 4 days, and no later than 10 days, from the issuance of this Order. (jp)
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| Filing 84 Notice OF ERRATA RE: OPPOSITION TO SUMMARY JUDGMENT MOTION filed by Plainitff Small Business Finance Association. (Attachments: #1 Exhibit)(Levin, Paul) |
| Filing 83 REPLY In Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to to each and every claim for relief stated in Plaintiff's complaint or in the Alternative Partial Summary Judgment Against Plaintiff #52 filed by Defendant Clothilde Hewlett. (Attachments: #1 Defendants Responses to Plaintiffs Statement of Genuine Disputes of Material Fact, #2 Defendants Evidentiary Objections to Plaintiffs Evidence in Support of Defendants Motion for Summary Judgment, or in the Alternative Partial Summary Judgment, #3 Declaration of Rachel Yoo in Support of Defendants Reply Brief in Support of Motion for Summary Judgment, or in the Alternative Partial Summary Judgment, #4 Exhibit 26_Mattson Depo Excerpts, #5 Declaration of Adam J. Levitin in Support of Defendants Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment, #6 Declaration of Catherine ONeil in Support of Defendants Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment)(Beteta, Douglas) |
| Filing 82 REPLY In Support MOTION IN LIMINE (#1) to Exclude Expert Report and Testimony of Barbra Kingsley #64 filed by Defendant Clothilde Hewlett. (Beteta, Douglas) |
| Filing 81 REPLY in support of NOTICE OF MOTION AND MOTION to File Amicus Brief #57 filed by Movant Public Counsel, U.C. Berkeley Center for Consumer Law & Economic Justice, California Association for Microenterprise Opportunity, the Responsible Business Lending Coalition & the Office of Kat Taylor. (Nahmias, David) |
| Filing 80 REPLY in Support of Corrected NOTICE OF MOTION AND MOTION to Exclude CERTAIN OPINIONS OF DEFENDANTS EXPERT, ADAM J. LEVITIN AND DECLARATION OF BENJAMIN H. BRODSKY #59 filed by Plaintiff Small Business Finance Association. (Levin, Paul) |
| Filing 79 MINUTES OF FURTHER SETTLEMENT CONFERENCE held before Magistrate Judge Steve Kim. Held via Zoom videoconference. The Court and counsel conduct settlement discussions off the record. Counsel is advised that all discussions were, and are, deemed to be confidential settlement discussions. Court Recorder: Not recorded. (clee) |
| Filing 78 Notice of Non-Settlement filed by Defendant Clothilde Hewlett. Joint (Beteta, Douglas) |
| Filing 77 EXHIBIT 17 to NOTICE OF MOTION AND MOTION for Summary Judgment as to to each and every claim for relief stated in Plaintiff's complaint or in the Alternative Partial Summary Judgment Against Plaintiff #52 filed by Defendant Clothilde Hewlett. (Yoo, Ji) |
| Filing 76 EXHIBIT 11 to NOTICE OF MOTION AND MOTION for Summary Judgment as to to each and every claim for relief stated in Plaintiff's complaint or in the Alternative Partial Summary Judgment Against Plaintiff #52 filed by Defendant Clothilde Hewlett. (Yoo, Ji) |
| Filing 75 MINUTES OF SETTLEMENT CONFERENCE held before Magistrate Judge Steve Kim. The Court and parties conduct settlement discussions off the record. (see document for further details) Court Recorder: CS 10/11/23. (hr) |
| Filing 74 CERTIFICATE OF SERVICE filed by Plainitff Small Business Finance Association, re Sealed Declaration in SupportDeclaration, #73 served on October 9, 2023. (Levin, Paul) |
| Filing 73 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of Exhibit 6 to Declaration of Rachel Yoo and Portions of Departments Opposition to SBFAs motion to exclude certain opinions of the Departments expert Adam Levitin under seal #69 filed by Plaintiff Small Business Finance Association.(Levin, Paul) |
| Filing 72 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to to each and every claim for relief stated in Plaintiff's complaint or in the Alternative Partial Summary Judgment Against Plaintiff #52 filed by Plaintiff Small Business Finance Association. (Attachments: #1 Statement Of Genuine Disputes Of Material Fact And Additional Material Facts In Opposition To Defendants Motion For Summary Judgment, #2 Declaration of Benjamin H Brodsky in Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment, #3 Bakes Deposition, #4 Tumulty Deposition, #5 Brown Deposition, #6 Carlson Deposition 08.31.2023, #7 Mattson Deposition, #8 Carlson Deposition 09.01.2023, #9 Carriere Deposition, #10 Narayan Deposition, #11 Declaration of Will Tumulty, #12 Declaration of Michael Jesse Carlson, #13 Declaration of Justin Bakes, #14 Proposed Order)(Levin, Paul) |
| Filing 71 CERTIFICATE OF SERVICE filed by Defendant Clothilde Hewlett, re APPLICATION to file document Portions of Exhibit 6 to Declaration of Rachel Yoo and Portions of Departments Opposition to SBFAs motion to exclude certain opinions of the Departments expert Adam Levitin under seal #69 , Sealed Declaration in SupportDeclaration,, #70 served on October 6, 2023. (Yoo, Ji) |
| Filing 70 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of Exhibit 6 to Declaration of Rachel Yoo and Portions of Departments Opposition to SBFAs motion to exclude certain opinions of the Departments expert Adam Levitin under seal #69 filed by Defendant Clothilde Hewlett. (Attachments: #1 Unredacted Document Ex.6_Brown Depo Excerpts [Unredacted Version], #2 Redacted Document Ex.6_Brown Depo Excerpts_ [Redacted Version], #3 Unredacted Document Defendants Opposition to Plaintiffs Motion to Exclude Certain Opinions of Expert A. Levitin [Unredacted Version], #4 Redacted Document Defendants Opposition to Plaintiffs Motion to Exclude Certain Opinions of Expert A. Levitin [Redacted Version])(Yoo, Ji) |
| Filing 69 APPLICATION to file document Portions of Exhibit 6 to Declaration of Rachel Yoo and Portions of Departments Opposition to SBFAs motion to exclude certain opinions of the Departments expert Adam Levitin under seal filed by Defendant Clothilde Hewlett. (Attachments: #1 Proposed Order Regarding Defendants Application to File Under Seal Confidential Documents and Information Submitted in Support of its Opposition to Motion to Exclude Certain Opinions of Defendants Expert Adam J. Levitin)(Yoo, Ji) |
| Filing 68 OPPOSITION Opposition re: Corrected NOTICE OF MOTION AND MOTION to Exclude CERTAIN OPINIONS OF DEFENDANTS EXPERT, ADAM J. LEVITIN AND DECLARATION OF BENJAMIN H. BRODSKY #59 filed by Defendant Clothilde Hewlett. (Attachments: #1 Declaration of Rachel Yoo in Support of Defendants Opposition to Plaintiffs Motion to Exclude Levitins Expert Report, #2 Exhibit 1_Sales-Based Financing Providers Registrants, #3 Exhibit 2_Court Statement of Decision After Court Trial, #4 Exhibit 3_Senate Bill-1235 analysis May 7 2018, #5 Exhibit 4_Senate Bill-1235 analysis October 4 2023, #6 Exhibit 5_Carlson Depo Excerpts, #7 Exhibit 6_Brown Depo Excerpts [Public Version], #8 Declaration Declaration of Douglas Beteta In Support of Defendants Opposition to Plaintiffs Motion to Exclude Levitins Expert Report, #9 Certificate of Service)(Yoo, Ji) |
| Filing 67 OPPOSITION to MOTION IN LIMINE (#1) to Exclude Expert Report and Testimony of Barbra Kingsley #64 filed by Plaintiff Small Business Finance Association. (Levin, Paul) |
| Filing 66 OPPOSITION to NOTICE OF MOTION AND MOTION to File Amicus Brief #57 filed by Plaintiff Small Business Finance Association. (Levin, Paul) |
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Filing 65
MINUTES (IN CHAMBERS) Order Re: Defendant's Application to File Under Sea[DE #53 ] by Judge R. Gary Klausner: The Court DENIES Defendant's Application to File Under Seal. Pursuant to Local Rule 79-5.2.2(b)(ii), Defendant may file the unredacted materials in the public case file no earlier than 4 days, and no later than 10 days, from the issuance of this Order. However, upon the filing of a joint stipulation by Defendant and Rewards Network that a redacted version of the Agreement is sufficient, Defendant may file the redacted version, as provided in Rewards Network's September 29 filing, instead. (jp)
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| Filing 64 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Expert Report and Testimony of Barbra Kingsley filed by Defendant Clothilde Hewlett. Motion set for hearing on 10/30/2023 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of Douglas Beteta, #2 Exhibit A - Expert Report of Barbra Kingsley, #3 Declaration of Melissa Pittaoulis, #4 Appendix A - Melissa Pittaoulis CV, #5 Proposed Order)(Beteta, Douglas) |
| Filing 63 NOTICE of Appearance filed by attorney Dan E. Marmalefsky on behalf of Miscellaneous Rewards Network Establishment Services Inc. (Attorney Dan E. Marmalefsky added to party Rewards Network Establishment Services Inc.(pty:misc))(Marmalefsky, Dan) |
| Filing 62 CERTIFICATE OF SERVICE filed by Non-Party Rewards Network Establishment Services Inc., re Sealed Declaration in SupportDeclaration #61 served on September 29, 2023. (Thomas, Nancy) |
| Filing 61 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit 11 and Exhibit 17 to MSJ under seal #53 filed by Miscellaneous Rewards Network Establishment Services Inc.. (Attachments: #1 Unredacted Ex. 1)(Thomas, Nancy) |
| Filing 60 STATEMENT of Further Redacted Version That Avoids the Need for Sealing, or in the Alternative, in Support of Defendant's Application to File Portions of Disclosures and an Agreement Under Seal APPLICATION to file document Exhibit 11 and Exhibit 17 to MSJ under seal #53 filed by Miscellaneous Rewards Network Establishment Services Inc.. (Attorney Nancy R Thomas added to party Rewards Network Establishment Services Inc.(pty:misc))(Thomas, Nancy) |
| Filing 59 Corrected NOTICE OF MOTION AND MOTION to Exclude CERTAIN OPINIONS OF DEFENDANTS EXPERT, ADAM J. LEVITIN AND DECLARATION OF BENJAMIN H. BRODSKY filed by Plaintiff Small Business Finance Association. Motion set for hearing on 10/30/2023 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration) (Levin, Paul) |
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Filing 58
ORDER by Judge R. Gary Klausner re MOTION to Exclude CERTAIN OPINIONS OF DEFENDANTS EXPERT, ADAM J. LEVITIN #51 . The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): Other error(s) with document(s): Document contains single spacing in violation of L.R. 11-3.6. Counsel may file a corrected motion within 2 days of this order. (jre)
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| Filing 57 NOTICE OF MOTION AND MOTION to File Amicus Brief filed by Amici curiae Public Counsel, U.C. Berkeley Center for Consumer Law & Economic Justice, California Association for Microenterprise Opportunity, the Responsible Business Lending Coalition & the Office of Kat Taylor. Motion set for hearing on 10/30/2023 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of Ghirlandi Guidetti, #2 Exhibit A to Guidetti Declaration, #3 Memorandum of Points and Authorities of Proposed Amici Curiae, #4 Exhibit A to Memorandum of Points and Authorities, #5 Exhibit B to Memorandum of Points and Authorities, #6 Exhibit C to Memorandum of Points and Authorities, #7 Certificate of Interested Parties, #8 Proposed Order) (Attorney David Sidney Shaffer Nahmias added to party Public Counsel, U.C. Berkeley Center for Consumer Law & Economic Justice, California Association for Microenterprise Opportunity, the Responsible Business Lending Coalition & the Office of Kat Taylor (pty:bkmov)) (Nahmias, David) |
| Filing 56 CERTIFICATE OF SERVICE filed by Defendant Clothilde Hewlett, re Sealed Declaration in SupportDeclaration,, #54 , APPLICATION to file document Exhibit 11 and Exhibit 17 to MSJ under seal #53 served on September 27, 2023. (Yoo, Ji) |
| Filing 55 CERTIFICATE OF SERVICE filed by Defendant Clothilde Hewlett, re NOTICE OF MOTION AND MOTION for Summary Judgment as to to each and every claim for relief stated in Plaintiff's complaint or in the Alternative Partial Summary Judgment Against Plaintiff #52 served on September 27, 2023. (Yoo, Ji) |
| Filing 54 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit 11 and Exhibit 17 to MSJ under seal #53 filed by Defendant Clothilde Hewlett. (Attachments: #1 Declaration of Douglas J. Beteta in Support of Defendants Application to File Under Seal Confidential Documents and Information Submitted in Support of its Motion for Summary Judgment, or in the Alternative Partial Summary Judgment, #2 Unredacted Document Ex.11 Rewards Networks Response to the Departments Subpoena_Conditionally Sealed Unredacted Version, #3 Unredacted Document Ex.17 SBFA 1109 Rapid Data Selection-Conditionally Sealed Unredacted Version)(Beteta, Douglas) |
| Filing 53 APPLICATION to file document Exhibit 11 and Exhibit 17 to MSJ under seal filed by Defendant Clothilde Hewlett. (Attachments: #1 Proposed Order Regarding Defendants Application to File Under Seal Confidential Documents and Information Submitted in Support of its Motion For Summary Judgment, Or in the Alternative, Partial Summary Judgment)(Beteta, Douglas) |
| Filing 52 NOTICE OF MOTION AND MOTION for Summary Judgment as to to each and every claim for relief stated in Plaintiff's complaint or in the Alternative Partial Summary Judgment Against Plaintiff filed by Defendant Clothilde Hewlett. Motion set for hearing on 10/30/2023 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of Charles Carriere in Support of Defendants Motion For Summary Judgment, or in the Alternative Partial Summary Judgment, #2 Exhibit 1 Opinion letters by the Department dated 1.17.13 and 4.29.13, #3 Exhibit 2 Excerpt from the Final Statement of Reasons for Regulations, #4 Exhibit 3 Letter dated 11.22.21 and Spreadsheet calculation submitted by Responsible Business Lending Corporation, #5 Exhibit 4 Letter DFPI receveived 4.24.21 from Rewards Network not offering sales based financing, #6 Declaration of Rachel Yoo in Support of Defendants Motion for Summary Judgment, or in the Alternative Partial Summary Judgment, #7 Exhibit 5 Browsing to Borrow Mom & Pop Small Business Perspectives on Online Lenders, #8 Exhibit 6 Senate Bill-1235 analysis report, #9 Exhibit 7 Excerpt from SBFAs Responses to the Departments Requests for Production of Documents, #10 Exhibit 8 SBFAs Responses to the Departments Requests for Admission, #11 Exhibit 9 Coast Fundings declaration and its authenticated financing agreement, #12 Exhibit 10 Crediblys declaration and its authenticated financing agreements, #13 Exhibit 11 Rewards Networks Response to the Departments Subpoena, #14 Exhibit 12 Rapid Finances financing agreements, #15 Exhibit 13 Forward Financings financing agreement, #16 Exhibit 14 Kapitus financing agreements, #17 Exhibit 15 Dr. Catherine ONeils Expert Report, #18 Exhibit 16 Professor Adam Levitins Expert Report, #19 Exhibit 17 Excerpt from Rapid data set produced in this action, #20 Exhibit 18 Webpage Consumer Financial Protection Bureau re Annual Percentage Rate, #21 Exhibit 19 Webpage Consumer Financial Protection Bureau re Annual Percentage Rate, #22 Exhibit 20 Excerpts from deposition testimony of Justin Bakes, #23 Exhibit 21 Excerpts from deposition testimony of Jeremy Brown, #24 Exhibit 22 Excerpts from deposition testimony of Jesse Carlson-Kapitus, #25 Exhibit 23 Excerpts from deposition testimony of Jesse Carlson 30(b)(6) witness for SBFA, #26 Exhibit 24 Excerpts from deposition testimony of William Tumulty-Rapid Finance, #27 Exhibit 25 Kapitus Loan Agreement, #28 Defendants Statement of Uncontroverted Facts and Conclusions of Law In Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication, #29 Proposed Order Order Granting Defendants Motion For Summary Judgment, #30 [Proposed] Order Granting Defendants Motion For Summary Judgment) (Yoo, Ji) |
| Filing 51 NOTICE OF MOTION AND MOTION to Exclude CERTAIN OPINIONS OF DEFENDANTS EXPERT, ADAM J. LEVITIN AND DECLARATION OF BENJAMIN H. BRODSKY filed by Plaintiff Small Business Finance Association. Motion set for hearing on 10/30/2023 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration) (Levin, Paul) |
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Filing 50
MINUTES (IN CHAMBERS) Order Re: Defendant's Motion to Continue Trial [DE #43 ] by Judge R. Gary Klausner: The Court DENIES the Motion. (See document for further information). (jp)
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Filing 49
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: Defendant's Motion to Continue Trial and All Related Dates #43 , calendared for hearing on 8/28/2023, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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Filing 48
MINUTES (IN CHAMBERS) ORDER GRANTING IN PART DEFENDANT'S MOTION TO COMPEL [ECF #47 by Magistrate Judge Steve Kim. The hearing on defendant's motion noticed for September 13, 2023 is vacated. Both sides must bear their own costs and expenses to litigate this motion. (SEE ORDER FOR DETAILS). (clee)
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| Filing 47 NOTICE OF MOTION AND MOTION to Compel Further Responses to Discovery Against Plaintiff filed by Defendant Clothilde Hewlett. Motion set for hearing on 9/13/2023 at 10:00 AM before Magistrate Judge Steve Kim. (Attachments: #1 JT STIP UNDER LR 37-2 REGARDING DEFS MTN TO COMPEL FURTHER RESPONSES TO DISC AGAINST PTF SMALL BUSINESS FINANCE ASSOC)(Beteta, Douglas) |
| Filing 46 REPLY in support of Defendant's Reply Brief NOTICE OF MOTION AND MOTION to Continue Trial and all related dates from 12/12/2023 to 08/12/2023 #43 filed by Defendant Clothilde Hewlett. (Attachments: #1 Declaration of Rachel Yoo in Support of Defendant's Reply Brief in support of Motion for Continuance of Trial and all related dates)(Yoo, Ji) |
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Filing 45
ORDER RE REMOTE SETTLEMENT CONFERENCE WITH U.S. MAGISTRATE JUDGE KIM by Magistrate Judge Steve Kim. The Settlement Conference scheduled for Wednesday, October 11, 2023 at 10:00 AM shall take place remotely via Zoom video meeting. The Clerk will distribute Zoom meeting instructions by separate email. The Conference shall last no longer than four hours, unless otherwise ordered. (et)
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| Filing 44 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Continue Trial and all related dates from 12/12/2023 to 08/12/2023 #43 filed by Plaintiff Small Business Finance Association. (Attachments: #1 Declaration Benjamin H. Brodsky)(Levin, Paul) |
| Filing 43 NOTICE OF MOTION AND MOTION to Continue Trial and all related dates from 12/12/2023 to 08/12/2023 filed by Defendant Clothilde Hewlett. Motion set for hearing on 8/28/2023 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of Rachel Yoo in Support of Defendants Motion For a Continuance of Trial and all Related Dates) (Yoo, Ji) |
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Filing 42
ORDER REGARDING EXPERT DISCOVERY SCHEDULE #41 by Judge R. Gary Klausner that the expert discovery schedule in this matter be set as follows: (1) On or before 9/22/2023, the Parties will exchange expert reports. (2) On or before 10/6/2023, the Parties will exchange rebuttal expert reports. (3) The Parties will complete expert depositions on or before 10/20/2023. (jp)
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| Filing 41 Joint STIPULATION for Discovery as to Expert filed by Plaintiff Small Business Finance Association. (Attachments: #1 Proposed Order)(Levin, Paul) |
| Filing 40 Notice of Appearance or Withdrawal of Counsel: for attorney Lauren M Gibbs counsel for Plaintiff Small Business Finance Association. Adding Lauren M. Gibbs as counsel of record for SMALL BUSINESS FINANCE ASSOCIATION for the reason indicated in the G-123 Notice. Filed by Plaintiff SMALL BUSINESS FINANCE ASSOCIATION,. (Attorney Lauren M Gibbs added to party Small Business Finance Association(pty:pla))(Gibbs, Lauren) |
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Filing 39
ORDER by Judge R. Gary Klausner GRANTING Request for Approval of Substitution of Attorney Paul A Levin of Mark Migdal and Hayden for Plaintiff Small Business Finance Ass'N in place and stead of Attorneys Brad W Seiling; Misa Kanik Eiritz and Scott M Pearson #38 . (jp)
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| Filing 38 REQUEST TO SUBSTITUTE ATTORNEY Paul A. Levin in place of attorney Scott M. Pearson filed by Plaintiff Small Business Finance Association. (Attachments: #1 Proposed Order) (Attorney Paul A Levin added to party Small Business Finance Association(pty:pla)) (Levin, Paul) |
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Filing 37
PROTECTIVE ORDER by Magistrate Judge Steve Kim re Stipulation for Protective Order #36 . (see document for details) (hr)
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| Filing 36 STIPULATION for Protective Order filed by Defendant Clothilde Hewlett. (Attachments: #1 Proposed Order)(Beteta, Douglas) |
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Filing 35
ORDER by Judge R. Gary Klausner: granting #33 Non-Resident Attorney Philip T. Merenda APPLICATION to Appear Pro Hac Vice on behalf of Small Business Finance Association, designating Scott M Pearson as local counsel. (lom)
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Filing 34
ORDER by Judge R. Gary Klausner: granting #32 Non-Resident Attorney Benjamin H. Brodsky APPLICATION to Appear Pro Hac Vice on behalf of Small Business Finance Association, designating Scott M Pearson as local counsel. (lom)
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| Filing 33 APPLICATION of Non-Resident Attorney Philip T. Merenda to Appear Pro Hac Vice on behalf of Plaintiff Small Business Finance Association (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35523866) filed by Plaintiff Small Business Finance Association. (Attachments: #1 Proposed Order) (Pearson, Scott) |
| Filing 32 APPLICATION of Non-Resident Attorney Benjamin H. Brodsky to Appear Pro Hac Vice on behalf of Plaintiff Small Business Finance Association (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35523818) filed by Plaintiff Small Business Finance Association. (Attachments: #1 Proposed Order) (Pearson, Scott) |
| Filing 31 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Clothilde Hewlett.(Beteta, Douglas) |
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Filing 30
ORDER/REFERRAL to ADR Procedure No 1 by Judge R. Gary Klausner. Case ordered to Magistrate Judge Steve Kim for Settlement Conference. ADR Proceeding to be held no later than October 13, 2023. (jre)
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Filing 29
ORDER FOR COURT TRIAL by Judge R. Gary Klausner. Pretrial Conference set for 11/27/2023 09:00 AM before Judge R. Gary Klausner. Bench Trial set for 12/12/2023 09:00 AM before Judge R. Gary Klausner. (jre)
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| Filing 28 MINUTES OF Scheduling Conference held before Judge R. Gary Klausner. Amended Pleadings due by 5/10/2023. Discovery cut-off 9/13/2023. Motions due by 9/27/2023. Pretrial Conference set for 11/27/2023 09:00 AM before Judge R. Gary Klausner. Bench Trial set for 12/12/2023 09:00 AM before Judge R. Gary Klausner. Court Reporter: Marea Woolrich. (jre) |
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Filing 27
MINUTES (IN CHAMBERS) Order Re: Defendant's Motion to Dismiss [DE 11] by Judge R. Gary Klausner. For the foregoing reasons, the Court DENIES Defendant's Motion #11 . (lom)
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| Filing 26 Notice Defendant Clothilde Hewlett's Notice of Intervening Authority Re: Defendant's Motion to Dismiss Complaint filed by Defendant Clothilde Hewlett. (Attachments: #1 Exhibit E)(Beteta, Douglas) |
| Filing 25 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Steve Kim for any discovery and/or post-judgment matters that may be referred. Case number will now read as 2:22-cv-08775 RGK(SKx). (rn) |
| Filing 24 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial between 5 and 14 days, filed by Plaintiff Small Business Finance Association.. (Pearson, Scott) |
| Filing 23 REQUEST for ADR Procedure No. 1 filed. Parties request to Appear Before Magistrate Judge for settlement proceedings. Filed by Plaintiff Small Business Finance Association.(Pearson, Scott) |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Douglas J Beteta counsel for Defendant Clothilde Hewlett. Adding Douglas J. Beteta as counsel of record for Defendant, Clothilde Hewlett for the reason indicated in the G-123 Notice. Filed by Defendant Clothilde Hewlett. (Attorney Douglas J Beteta added to party Clothilde Hewlett(pty:dft))(Beteta, Douglas) |
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Filing 21
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: Defendant Clothilde Hewlett's Motion to Dismiss Case #11 , calendared for hearing on 3/27/2023, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 20 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss Case with Memorandum of Points and Authorities #11 filed by Defendant Clothilde Hewlett. (Rust, Craig) |
| Filing 19 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case with Memorandum of Points and Authorities #11 filed by Plaintiff Small Business Finance Association. (Pearson, Scott) |
| Filing 18 NOTICE OF ERRATA filed by Plaintiff Small Business Finance Association. correcting Stipulation to Continue #16 --[16-1] Supplemental Declaration of Scott M. Pearson (Pearson, Scott) |
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Filing 17
DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner re Stipulation to Continue #16 . Lack of Good Cause. (jp)
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| Filing 16 Renewed STIPULATION to Continue Briefing Schedule and Other Court Deadlines filed by Plaintiff Small Business Finance Association. (Attachments: #1 Supplemental Declaration of Scott M. Pearson, #2 Proposed Order)(Pearson, Scott) |
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Filing 15
ORDER DENYING JOINT STIPULATION TOEXTEND TIME #14 by Judge R. Gary Klausner. (lom)
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| Filing 14 Joint STIPULATION to Continue Briefing Schedule and Other Court Deadlines filed by Plaintiff Small Business Finance Association. (Attachments: #1 Declaration of Scott M. Pearson, #2 Proposed Order)(Pearson, Scott) |
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Filing 13
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 3/27/2023. Scheduling Conference set for 4/3/2023 at 09:00 AM before Judge R. Gary Klausner. (jre)
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| Filing 12 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case with Memorandum of Points and Authorities #11 filed by Defendant Clothilde Hewlett. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rust, Craig) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Case with Memorandum of Points and Authorities filed by Defendant Clothilde Hewlett. Motion set for hearing on 3/27/2023 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Proposed Order) (Rust, Craig) |
| Filing 10 STIPULATION Extending Time to Answer the complaint as to Clothilde Hewlett answer now due 2/21/2023, filed by Defendant Clothilde Hewlett.(Attorney Craig Damon Rust added to party Clothilde Hewlett(pty:dft))(Rust, Craig) |
| Filing 9 WAIVER OF SERVICE Returned Executed filed by Plaintiff Small Business Finance Association. upon Clothilde Hewlett waiver sent by Plaintiff on 12/6/2022, answer due 2/6/2023. Waiver of Service signed by Craig D. Rust. (Attachments: #1 Notice of Lawsuit and Request for Waiver of Service and Summons)(Pearson, Scott) |
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Filing 8
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (jre)
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| Filing 7 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Michael R. Wilner to Judge R. Gary Klausner for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Paul L. Abrams. The case number will now reflect the initials of the transferee Judges 2:22-cv-08775 RGK(PLAx). (rn) |
| Filing 6 DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiff Small Business Finance Association. (Pearson, Scott) |
| Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Michael R. Wilner. (Attachments: #1 CV11-C Statement of Consent) (et) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Small Business Finance Association (Pearson, Scott) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Small Business Finance Association, (Pearson, Scott) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Small Business Finance Association. (Pearson, Scott) |
| Filing 1 COMPLAINT Receipt No: ACACDC-34417912 - Fee: $402, filed by Plaintiff Small Business Finance Association. (Attorney Scott M Pearson added to party Small Business Finance Association(pty:pla))(Pearson, Scott) |
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| Search for this case: Small Business Finance Association v. Clothilde Hewlett | |
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| Plaintiff: Small Business Finance Association | |
| Represented By: | Scott M Pearson |
| Represented By: | Brad W Seiling |
| Represented By: | Misa Kanik Eiritz |
| Represented By: | Paul A Levin |
| Represented By: | Benjamin H. Brodsky |
| Represented By: | Philip T. Merenda |
| Represented By: | Lauren M Gibbs |
| Represented By: | Lauren M. Gibbs |
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| Defendant: Clothilde Hewlett | |
| Represented By: | Ji Yeon Yoo |
| Represented By: | Craig Damon Rust |
| Represented By: | Douglas J Beteta |
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| Petitioner: Public Counsel, U.C. Berkeley Center for Consumer Law & Economic Justice, California Association for Microenterprise Opportunity, the Responsible Business Lending Coalition & the Office of Kat Taylor | |
| Represented By: | David Sidney Shaffer Nahmias |
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| Interested party: Rewards Network Establishment Services Inc. | |
| Represented By: | Dan E. Marmalefsky |
| Represented By: | Nancy R Thomas |
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