E. M. v. Varsity Brands, LLC et al
| E. M. |
| Varsity Brands, LLC, Varsity Spirit, LLC, Varsity Brands Holding Company, Inc., U.S. All Star Federation, Inc., USA Federation for Sport Cheering doing business as USA Cheer, Charlesbank Capital Partners, LP, Bain Capital, LP, CheerForce, LLC, Jeffrey G. Webb, Rebecca Herrera, Shawn Herrera and Shawn Miller |
| 2:2022cv09410 |
| December 29, 2022 |
| US District Court for the Central District of California |
| Alka Sagar |
| Otis D Wright |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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| Filing 118 APPLICATION of Non-Resident Attorney Ashley P. Cuttino to Appear Pro Hac Vice on behalf of Defendant Varsity Spirit, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35619257) filed by Defendant Varsity Spirit, LLC. (Attachments: #1 Proposed Order On Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Lovell, Mark) |
Filing 117
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER LIFTING Stay and SETTING Response Deadlines; ORDER to Convene Conference of Counsel; Order DENYING Request to Exceed Page Limitations WITHOUT PREJUDICE. Having received and reviewed the parties Joint Stipulation #116 , and the Order of the JPML, ( ECF No. 116-1), the Court hereby LIFTS the Stay on this case. The case is returned to active status. While some Defendants have already answered, the pleadings are not yet completely settled. The Court ORDERS that, for all Defendants who have not yet done so, the deadline to answer or otherwise respond to the Complaint is October 5, 2023. The Court provides Defendants with three months to plan and file their responses with the intent that all parties work together cooperatively to conduct this phase of the proceedings in anorganized manner. Correspondingly, the Court ORDERS counsel for all parties to meet in real time for a conference of counsel by no later than August 7, 2023.By no later than August 21, 2023, the parties shall file with the Court a Joint Report containing the outcome of the conference and a proposed schedule of briefing, along with any additional related requests. The request to exceed the word count limit is therefore DENIED. That said, the denial is WITHOUT PREJUDICE to a word count limit adjustment for this or any other contemplated motion. The parties may wish to make word count limits part of the comprehensive plan they will generate cooperatively. If they do, the Court will be more inclined to approve word count limit increases. Additionally and alternatively, the Court will be more inclined to approve word count limit increases if a party submits a copy of the proposed memorandum with the request. (lc)
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| Filing 116 Joint STIPULATION to Exceed Page Limitation as to Brief in Response to Complaint filed by Defendant Varsity Spirit, LLC. (Attachments: #1 Exhibit A-JPML Order, #2 Proposed Order Granting Joint Stipulation to Lift Stay and for Leave to File Briefing in Excess of 7,000 Words and Extend Deadline to Respond to Plaintiff's Complaint)(Lovell, Mark) |
| Filing 115 STATUS REPORT filed by Plaintiff E. M.. (Pride, Jessica) |
| Filing 114 Notice of Appearance or Withdrawal of Counsel: for attorney Jed P. White counsel for Defendant USA Federation for Sport Cheering. Adding Jed P. White as counsel of record for Defendant USA Federation for Sport Cheering d/b/a USA Cheer for the reason indicated in the G-123 Notice. Filed by Defendant USA Federation for Sport Cheering d/b/a USA Cheer. (Attorney Jed P. White added to party USA Federation for Sport Cheering(pty:dft))(White, Jed) |
| Filing 113 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER STAYING CASE FOR ALL PURPOSED PENDING JPML CONSOLIDATION DECISION. The Court ordered the parties to show cause why this case should not be stayed pending the outcome of the pending MDL Motion in In re Varsity Spirit. The Court received and reviewed the parties responses. Court finds it appropriate to stay this matter pending resolution of the MDL Motion. The Court hereby STAYS the case for all purposes pending the resolution of the MDL Motion. All dates and deadlines, including the Scheduling Conference and the deadlines to respond to the Complaint, are VACATED. The Motion for Leave to File Oversize Briefs is DENIED AS MOOT #77 . Starting on June 1, 2023, and by the first of the month each month thereafter, Plaintiff shall file with this Court a Status Report updating the Court on the status of the MDL Motion. Failure to do so may result in dismissal of the case for failure to prosecute and failure to comply with Court orders. In the event the District of South Carolina rules on the Corporate Defendants' pending dismissal motions before the JPML rules on coordination, the Corporate Defendants are permittedto renew, by motion, their request to lift the stay in light of the District of South Carolina's rulings. (lc) |
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Filing 112
ORDER GRANTING APPLICATION of Non-Resident Attorney David L. Luck to Appear Pro Hac Vice on behalf of Defendant U.S. All Star Federation, Inc.and designating Aaron Knapp as local counsel re application #100 and amended application #106 by Judge Otis D. Wright, II. (lc)
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Filing 111
ORDER GRANTING APPLICATION of Non-Resident Attorney SETH V. ALDAHEFF to Appear Pro Hac Vice on behalf of Defendant U.S. All Star Federation, Inc. and designating Aaron Knapp as local counsel re application #98 as amended application #104 by Judge Otis D. Wright, II. (lc)
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Filing 110
ORDER GRANTING APPLICATION of Non-Resident Attorney SARAH R. SMITH to Appear Pro Hac Vice on behalf of Defendant U.S. All Star Federation, Inc. designating Aaron Knapp as local counsel re application #99 amended application #105 Judge Otis D. Wright, II. (lc)
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Filing 109
ORDER GRANTING APPLICATION of Non-Resident Attorney Manisha N. Sheth to Appear Pro Hac Vice on behalf of Defendant Bain Capital, LP designating Julia Choe as local counsel re corrected hand signed #86 and Amended application with certificate of good standing #95 ,[106} designating Julia Choe as local counsel by Judge Otis D. Wright, II. (lc) Modified on 4/7/2023 (lc).
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Filing 108
ORDER GRANTING APPLICATION of Non-Resident Attorney Kathryn D. Bonacorsi to Appear Pro Hac Vice on behalf of Defendant Bain Capital, LP and designating Julia Choe as local counsel #85 by Judge Otis D. Wright, II. (lc)
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Filing 107
ORDER GRANTING APPLICATION of Non-Resident Attorney Josef T. Ansorge to Appear Pro Hac Vice on behalf of Defendant Bain Capital LP designating Julia Choe as local counsel #84 by Judge Otis D. Wright, II. (lc)
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| Filing 106 Amended APPLICATION of Non-Resident Attorney David L. Luck to Appear Pro Hac Vice on behalf of Defendant U.S. All Star Federation, Inc. (Pro Hac Vice Fee - $500 Previously Paid on 4/5/2023, Receipt No. 35086905) filed by defendant U.S. All Star Federation, Inc.. (Attachments: #1 Certificate, #2 Proposed Order) (Knapp, Aaron) |
| Filing 105 Amended APPLICATION of Non-Resident Attorney SARAH R. SMITH to Appear Pro Hac Vice on behalf of Defendant U.S. All Star Federation, Inc. (Pro Hac Vice Fee - $500 Previously Paid on 4/5/2023, Receipt No. 35086846) filed by defendant U.S. All Star Federation, Inc.. (Attachments: #1 Certificate, #2 Certificate, #3 Proposed Order) (Knapp, Aaron) |
| Filing 104 Amended APPLICATION of Non-Resident Attorney SETH V. ALDAHEFF to Appear Pro Hac Vice on behalf of Defendant U.S. All Star Federation, Inc. (Pro Hac Vice Fee - $500 Previously Paid on 4/5/2023, Receipt No. 3586777) filed by defendant U.S. All Star Federation, Inc.. (Attachments: #1 Certificate, #2 Proposed Order) (Knapp, Aaron) |
| Filing 103 Corrected APPLICATION of Non-Resident Attorney Manisha M. Sheth to Appear Pro Hac Vice on behalf of Defendant Bain Capital, LP (Pro Hac Vice Fee - $500 Previously Paid on 4/3/2023, Receipt No. 35072966) filed by Defendant Bain Capital, LP. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Choe, Julia) |
| Filing 102 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney SARAH R. SMITH to Appear Pro Hac Vice on behalf of Defendant U.S. All Star Federation, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35086846) #99 , APPLICATION of Non-Resident Attorney SETH V. ALDAHEFF to Appear Pro Hac Vice on behalf of Defendant U.S. All Star Federation, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35086777) #98 , APPLICATION of Non-Resident Attorney David L. Luck to Appear Pro Hac Vice on behalf of Defendant U.S. All Star Federation, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35086905) #100 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) |
| Filing 101 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Amended APPLICATION of Non-Resident Attorney Manisha N. Sheth to Appear Pro Hac Vice on behalf of Defendant Bain Capital, LP (Pro Hac Vice Fee - $500 Previously Paid on 4/3/2023, Receipt No. 35072966) #95 . The following error(s) was/were found: Proposed Order has not been flattened and is causing a corruption with the filing. (lt) |
| Filing 100 APPLICATION of Non-Resident Attorney David L. Luck to Appear Pro Hac Vice on behalf of Defendant U.S. All Star Federation, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35086905) filed by defendant U.S. All Star Federation, Inc.. (Attachments: #1 Exhibit Certificate, #2 Proposed Order) (Knapp, Aaron) |
| Filing 99 APPLICATION of Non-Resident Attorney SARAH R. SMITH to Appear Pro Hac Vice on behalf of Defendant U.S. All Star Federation, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35086846) filed by defendant U.S. All Star Federation, Inc.. (Attachments: #1 Exhibit Certificate, #2 Exhibit Certificate, #3 Proposed Order) (Knapp, Aaron) |
| Filing 98 APPLICATION of Non-Resident Attorney SETH V. ALDAHEFF to Appear Pro Hac Vice on behalf of Defendant U.S. All Star Federation, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35086777) filed by defendant U.S. All Star Federation, Inc.. (Attachments: #1 Exhibit Certificate, #2 Proposed Order) (Knapp, Aaron) |
| Filing 97 NOTICE of Interested Parties filed by defendant U.S. All Star Federation, Inc., identifying Hercules VB Holdings, Inc., as parent of defendant Varsity Brands Holding Company, Inc.. (Knapp, Aaron) |
| Filing 96 RESPONSE filed by Defendants CheerForce, LLC, Rebecca Herrera, Shawn Herrera Order to Show Cause (Attachments: #1 Exhibit Exhibit A to Opposition to Motion to Transfer)(Crespo, Daniel) |
| Filing 95 Amended APPLICATION of Non-Resident Attorney Manisha N. Sheth to Appear Pro Hac Vice on behalf of Defendant Bain Capital, LP (Pro Hac Vice Fee - $500 Previously Paid on 4/3/2023, Receipt No. 35072966) filed by Defendant Bain Capital, LP. (Attachments: #1 Certificate of Good Standing, #2 Order) (Choe, Julia) |
| Filing 94 MEMORANDUM of Points and Authorities in Opposition filed by Corporate Defendants Bain Capital, LP, Charlesbank Capital Partners, LP, Varsity Brands Holding Company, Inc., Varsity Brands, LLC, Varsity Spirit, LLC. Re: Order on Motion for Leave,,,, #78 (Choe, Julia) |
| Filing 93 CORPORATE DISCLOSURE STATEMENT filed by Defendant USA Federation for Sport Cheering (White, Jed) |
| Filing 92 MEMORANDUM of Points and Authorities in Opposition filed by Defendant USA Federation for Sport Cheering. -- Memorandum of Points and Authorities of Defendant USA Cheer in Response to Order to Show Cause re: Stay of Case Pending Outcome of Multidistrict Litigation Transfer Re: Order on Motion for Leave,,,, #78 (White, Jed) |
| Filing 91 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Manisha M. Sheth to Appear Pro Hac Vice on behalf of Defendant Bain Capital, LP (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35072966) #86 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (lt) |
| Filing 90 RESPONSE filed by Defendant U.S. All Star Federation, Inc.to Order on Motion for Leave,,,, #78 (Attachments: #1 Exhibit A - U.S. ALL STAR FEDERATION, INC.S BRIEF IN OPPOSITION TO PLAINTIFFS MOTION TO TRANSFER)(Knapp, Aaron) |
| Filing 89 Notice of Appearance or Withdrawal of Counsel: for attorney Aaron Tristan Knapp counsel for Defendant U.S. All Star Federation, Inc.. Adding Aaron T. Knapp as counsel of record for Defendant, U.S. All Star Federation, Inc. dba U.S. All Star Federation for the reason indicated in the G-123 Notice. Filed by defendant U.S. All Star Federation, Inc. dba U.S. All Star Federation. (Knapp, Aaron) |
| Filing 88 Notice of Appearance or Withdrawal of Counsel: for attorney Aaron Tristan Knapp counsel for Defendant U.S. All Star Federation, Inc.. Adding Rebecca R.Weinreich as counsel of record for Defendant, U.S. All Star Federation, Inc. dba U.S. All Star Federation for the reason indicated in the G-123 Notice. Filed by defendant U.S. All Star Federation, Inc. dba U.S. All Star Federation. (Attorney Aaron Tristan Knapp added to party U.S. All Star Federation, Inc.(pty:dft))(Knapp, Aaron) |
| Filing 87 RESPONSE filed by Defendant Jeffrey G. Webbto Order on Motion for Leave,,,, #78 Response To Order To Show Cause By Defendant Jeffrey G. Webb (Mullen, William) |
| Filing 86 APPLICATION of Non-Resident Attorney Manisha M. Sheth to Appear Pro Hac Vice on behalf of Defendant Bain Capital, LP (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35072966) filed by Defendant Bain Capital, LP. (Attachments: #1 COGS 1, #2 Proposed Order) (Choe, Julia) |
| Filing 85 APPLICATION of Non-Resident Attorney Kathryn D. Bonacorsi to Appear Pro Hac Vice on behalf of Defendant Bain Capital, LP (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35072958) filed by Defendant Bain Capital, LP. (Attachments: #1 COGS 1, #2 Proposed Order) (Choe, Julia) |
| Filing 84 APPLICATION of Non-Resident Attorney Josef T. Ansorge to Appear Pro Hac Vice on behalf of Defendant Bain Capital, LP (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35072943) filed by Defendant Bain Capital, LP. (Attachments: #1 COGS 1, #2 COGS 2, #3 Proposed Order) (Choe, Julia) |
| Filing 83 BRIEF filed by Plaintiff E. M.. regarding Order on Motion for Leave,,,, #78 . (Pride, Jessica) |
| Filing 82 Certification and Notice of Interested Parties filed by Defendant Bain Capital, LP, (Choe, Julia) |
| Filing 81 Notice of Appearance or Withdrawal of Counsel: for attorney Julia Sun Choe counsel for Defendant Bain Capital, LP. Adding Diane M. Doolittle as counsel of record for Bain Capital, LP for the reason indicated in the G-123 Notice. Filed by Defendant Bain Capital, LP. (Choe, Julia) |
| Filing 80 Notice of Appearance or Withdrawal of Counsel: for attorney Julia Sun Choe counsel for Defendant Bain Capital, LP. Adding Julia S. Choe as counsel of record for Bain Capital, LP for the reason indicated in the G-123 Notice. Filed by Defendant Bain Capital, LP. (Attorney Julia Sun Choe added to party Bain Capital, LP(pty:dft))(Choe, Julia) |
| Filing 79 NOTICE of Appearance filed by attorney Vince Mojica Verde on behalf of Defendant Varsity Spirit, LLC (Attorney Vince Mojica Verde added to party Varsity Spirit, LLC(pty:dft))(Verde, Vince) |
| Filing 78 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER TO SHOW CAUSE re: Stay of Case Pending Outcome of Multidistrict Litigation Transfer Motion; Order CONTINUING Answer Deadline as to All Defendants Who Have Not YetAnswered. The parties are ORDERED TO SHOW CAUSE, in writing only, to bereceived by the Court no later than April 4, 2023, why this case should not be stayed pending the outcome of the pending MDL Motion in In re Varsity Spirit. Each party is permitted to file a brief of no more than eight (8) pages plus declarations and other supporting evidence. Failure to timely respond to this Order to Show Cause will be deemed consent to a stay of the case pendingthe resolution of the MDL Motion. Moreover, as to all Defendants who have not yet responded to the Complaint, the Court ORDERS that the deadline for such Defendants to answer or otherwise respond to the Complaint is CONTINUED to May 19, 2023. For the time being, the Court defers ruling on the Joint Motion of Plaintiff E.M. and Defendant Varsity Brands, LLC for leave to file oversize briefs #77 . (lc) |
| Filing 77 Joint NOTICE OF MOTION AND MOTION to Leave to file motion to dismiss briefing in excess of 7,000 words filed by Defendant Varsity Spirit, LLC. Motion set for hearing on 4/24/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (Lovell, Mark) |
| Filing 76 Notice of Appearance or Withdrawal of Counsel: for attorney Mark Franklin Lovell counsel for Defendant Varsity Spirit, LLC. Adding Mark F. Lovell as counsel of record for Defendant Varsity Spirit, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Varsity Spirit, LLC. (Attorney Mark Franklin Lovell added to party Varsity Spirit, LLC(pty:dft))(Lovell, Mark) |
| Filing 75 WAIVER OF SERVICE Returned Executed filed by Plaintiff E. M.. upon Shawn Miller waiver sent by Plaintiff on 3/20/2023, answer due 5/19/2023. Waiver of Service signed by Bart Seeman. (Pride, Jessica) |
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Filing 74
ORDER GRANTING APPLICATION of Non-Resident Attorney Leon Kotlyar to Appear Pro Hac Vice on behalf of Defendants Varsity Brands Holding Company, Inc., Varsity Brands, LLC and designating Rocky C. Tsai as local counsel #71 by Judge Otis D. Wright, IIl. (lc)
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Filing 73
ORDER GRANTING APPLICATION of Non-Resident Attorney Helen Gugel to Appear Pro Hac Vice on behalf of Defendants Varsity Brands Holding Company, Inc., Varsity Brands, LLC and designating Rocky C. Tsai as local counsel #70 by Judge Otis D. Wright, II. (lc)
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Filing 72
ORDER GRANTING APPLICATION of Non-Resident Attorney Robert Jones to Appear Pro Hac Vice on behalf of Defendants Varsity Brands Holding Company, Inc., Varsity Brands, LLC and designating Rocky C. Tsai as local counsel #69 by Judge Otis D. Wright, II. (lc)
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| Filing 71 APPLICATION of Non-Resident Attorney Leon Kotlyar to Appear Pro Hac Vice on behalf of Defendants Varsity Brands Holding Company, Inc., Varsity Brands, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34961354) filed by Defendants Varsity Brands Holding Company, Inc., Varsity Brands, LLC. (Attachments: #1 CA Certificate of Good Standing, #2 NY Certificate of Good Standing, #3 Proposed Order) (Tsai, Rocky) |
| Filing 70 APPLICATION of Non-Resident Attorney Helen Gugel to Appear Pro Hac Vice on behalf of Defendants Varsity Brands Holding Company, Inc., Varsity Brands, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34961262) filed by Defendants Varsity Brands Holding Company, Inc., Varsity Brands, LLC. (Attachments: #1 MA Certificate of Good Standing, #2 NY Certificate of Good Standing, #3 Proposed Order) (Tsai, Rocky) |
| Filing 69 APPLICATION of Non-Resident Attorney Robert Jones to Appear Pro Hac Vice on behalf of Defendants Varsity Brands Holding Company, Inc., Varsity Brands, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34961102) filed by Defendants Varsity Brands Holding Company, Inc., Varsity Brands, LLC. (Attachments: #1 MA Certificate of Good Standing, #2 Proposed Order) (Tsai, Rocky) |
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Filing 68
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court, on its own Motion, hereby CONTINUES the Scheduling Conference in this matter to June 26, 2023 at 1:30 p.m. (lc)
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| Filing 67 WAIVER OF SERVICE Returned Executed filed by plaintiff E. M.. upon USA Federation for Sport Cheering waiver sent by Plaintiff on 2/15/2023, answer due 4/17/2023. Waiver of Service signed by Suzanne Crespo. (Pride, Jessica) |
| Filing 66 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Answer to Complaint #60 , #61 , #62 Answer to Complaint. 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. (lom) |
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Filing 65
ORDER by Judge Otis D. Wright, II: granting #56 Non-Resident Attorney Paul E. Coggins APPLICATION to Appear Pro Hac Vice on behalf of Jeffrey G. Webb, designating William C Mullen as local counsel. (lom)
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Filing 64
ORDER by Judge Otis D. Wright, II: granting #55 Non-Resident Attorney Brendan P. Gaffney APPLICATION to Appear Pro Hac Vice on behalf of Jeffrey G. Webb, designating William C Mullen as local counsel. (lom)
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| Filing 63 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)]; SCHEDULING CONFERENCE [FRCP 26(f)] by Judge Otis D. Wright, II. Scheduling Conference set for April 17, 2023 at 1:30 p.m. (lom) |
| Filing 62 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by REBECCA HERRERA Rebecca Herrera.(Attorney Daniel A Crespo added to party Rebecca Herrera(pty:dft))(Crespo, Daniel) |
| Filing 61 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by SHAWN HERRERA Shawn Herrera.(Attorney Daniel A Crespo added to party Shawn Herrera(pty:dft))(Crespo, Daniel) |
| Filing 60 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by CHEERFORCE, LLC CheerForce, LLC.(Attorney Daniel A Crespo added to party CheerForce, LLC(pty:dft))(Crespo, Daniel) |
| Filing 59 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Brendan P. Gaffney to Appear Pro Hac Vice on behalf of Defendant Jeffrey G. Webb (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. BCACDC-34786078) #55 , APPLICATION of Non-Resident Attorney Paul E. Coggins to Appear Pro Hac Vice on behalf of Defendant Jeffrey G. Webb (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34786292) #56 . The following error(s) was/were found: Case information is incomplete. DJ and MJ initials missing on application and proposed order. Please note DJ and MJ Notice of Assignment, dated 12/26/22, Dkt. 16. (lt) |
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Filing 58
MINUTE ORDER (In Chambers): by Judge Otis D. Wright, II. The Court received and reviewed Plaintiffs' Response to the Court's February 10, 2023 Order to Show Cause re: Lack of Prosecution. (Resp., ECF No. #57 .) This does not constitute good cause for a continuance, and the Request is DENIED. Moreover, pursuant to the information provided in the Response, (Resp. 8), the Court hereby STRIKES the Proof of Service as to Defendant USA Federation for Sport Cheering at ECF No. 50. As a result, this Defendant is deemed unserved, and the Court's Order to Show Cause is DISCHARGED with respect to this Defendant only. (ECF No. 54.) (lom)
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| Filing 57 STATUS REPORT RE SERVICE OF PROCESS AND OSC filed by Plaintiff E. M.. (Attachments: #1 Proposed Order)(Pride, Jessica) |
| Filing 56 APPLICATION of Non-Resident Attorney Paul E. Coggins to Appear Pro Hac Vice on behalf of Defendant Jeffrey G. Webb (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34786292) filed by Defendant Jeffrey G. Webb. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney To Appear In A Specific Case Pro Hac Vice) (Mullen, William) |
| Filing 55 APPLICATION of Non-Resident Attorney Brendan P. Gaffney to Appear Pro Hac Vice on behalf of Defendant Jeffrey G. Webb (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. BCACDC-34786078) filed by Defendant Jeffrey G. Webb. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney To Appear In A Specific Case Pro Hac Vice) (Attorney William Colin Mullen added to party Jeffrey G. Webb(pty:dft)) (Mullen, William) |
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Filing 54
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff is ORDERED TO SHOW CAUSE in writing no later than February 14, 2023, why the Defendants who have not answered the Complaint by the applicable deadlines should not be dismissed from this action for lack of prosecution. The Court will consider the filing of the following to be an appropriate response to this OSC, on or before the above date: Plaintiffs request for entry of default as to Defendants USA Federation for Sport Cheering, CheerForce, LLC, Rebecca Herrera, and Shawn Herrera. Answer by these defendant(s). Failure to respond to the Courts Order may result in the dismissal of the action. (lc)
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Filing 53
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER GRANTING STIPULATION #52 . The Court received and reviewed the Joint Stipulation to continue the deadline for certain Defendants to respond to the Complaint. For good cause shown, the Stipulation is GRANTED. The following parties shall have until March 27, 2023, to answer or otherwise respond to the complaint: Varsity Brands, LLC; Varsity Spirit, LLC; Varsity Brands Holding Company; U.S. All Star Federation, Inc.; Charlesbank Capital Partners, LP; Bain Capital, LP; Jeffrey G. Webb. (lc)
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| Filing 52 Joint STIPULATION for Order to Extend Deadline to Respond to Complaint filed by Defendants Varsity Brands Holding Company, Inc., Varsity Brands, LLC. (Attachments: #1 Proposed Order)(Tsai, Rocky) |
| Filing 51 PROOF OF SERVICE Executed by Plaintiff E. M., upon Defendant U.S. All Star Federation, Inc. served on 1/13/2023, answer due 2/22/2023. Service of the Summons and Complaint were executed upon Rena Dewy/Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Pride, Jessica) |
| Filing 50 PROOF OF SERVICE Executed by Plaintiff E. M., upon Defendant USA Federation for Sport Cheering served on 1/9/2023, answer due 1/30/2023. Service of the Summons and Complaint were executed upon Rena Dewy/Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Pride, Jessica) |
| Filing 49 PROOF OF SERVICE Executed by Plaintiff E. M., upon Defendant Bain Capital, LP served on 1/5/2023, answer due 2/8/2023. Service of the Summons and Complaint were executed upon MJ Hall/Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Pride, Jessica) |
| Filing 48 PROOF OF SERVICE Executed by Plaintiff E. M., upon Defendant Charlesbank Capital Partners, LP served on 1/13/2023, answer due 2/3/2023. Service of the Summons and Complaint were executed upon Sequiera Lavender Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Pride, Jessica) |
| Filing 47 PROOF OF SERVICE Executed by Plaintiff E. M., upon Defendant Rebecca Herrera served on 1/18/2023, answer due 2/8/2023. Service of the Summons and Complaint were executed upon Rebecca Herrera in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Pride, Jessica) |
| Filing 46 PROOF OF SERVICE Executed by Plaintiff E. M., upon Defendant CheerForce, LLC served on 1/18/2023, answer due 2/8/2023. Service of the Summons and Complaint were executed upon Shawn Herrera Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Pride, Jessica) |
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Filing 45
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER DENYING STIPULATION #44 . The Court received and reviewed the Joint Stipulation to set a special briefing schedule for challenges to the Complaint. Court does not see a need to set a detailed special briefing schedule in order to further this interest. Moreover, there are other parties who have not yet appeared, and to set a special schedule without the consent of those parties could potentially derogate those parties' rights. Instead, it seems that either of the following would suffice: (1) a stipulation among some or all parties who have appeared to extendthe answer deadline to a particular date, or (2) a joint stipulation among all parties, or a motion filed by some parties, to stay the case until a specified event takes place in one of the related cases. The Stipulation is DENIED without prejudice to filing a new stipulation as described herein. Such a stipulation is due no later than February 8, 2023. Moreover, the deadline for Varsity Brands, LLC; Varsity Brands Holding Company, Inc.; Varsity Spirit, LLC; and Bain Capital, LP to answer or otherwise respond to the Complaint is CONTINUED toFebruary 8, 2023. Should these Defendants fail to timely respond, or to file or join in an appropriate stipulation, these Defendants will be deemed to be in default. (lc)
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| Filing 44 Joint STIPULATION for Extension of Time to File (to Set Briefing Schedule in Response to Plaintiff's Complaint) filed by Defendants Varsity Brands Holding Company, Inc., Varsity Brands, LLC. (Attachments: #1 Proposed Order)(Attorney Rocky C. Tsai added to party Varsity Brands Holding Company, Inc.(pty:dft), Attorney Rocky C. Tsai added to party Varsity Brands, LLC(pty:dft))(Tsai, Rocky) |
| Filing 43 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER DENYING PRO HAC VICE APPLICATIONS of Attorneys Bakari T. Sellers, Jessica L. Fickling and Alexandra M. Benevento to Appear Pro Hac Vice on behalf of Plaintiff E. M. #37 , #39 , #40 . For the reasons stated in the January 24, 2023 Notice of Deficiency #41 , the three recently filed pro hac vice applications are all DENIED without prejudice to refiling. No additional pro hac vice fee is required if refiling. (lc) Modified on 1/25/2023 (lc). |
| Filing 42 PROOF OF SERVICE Executed by Plaintiff E. M., upon Defendant Shawn Herrera served on 1/18/2023, answer due 2/8/2023. Service of the Summons and Complaint were executed upon Shawn Herrera in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Pride, Jessica) |
| Filing 41 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Alexandra M. Benevento to Appear Pro Hac Vice on behalf of Plaintiff E. M. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34662904) #40 , APPLICATION of Non-Resident Attorney Bakari T. Sellers to Appear Pro Hac Vice on behalf of Plaintiff E. M. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34661590) #37 , APPLICATION of Non-Resident Attorney Jessica L. Fickling to Appear Pro Hac Vice on behalf of Plaintiff E. M. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34662635) #39 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. Case information is incomplete. DJ and MJ initials missing on application and proposed order. Please note DJ and MJ Notice of Assignment, dated 12/29/22, Dkt. 16. Other error(s) with document(s): Local counsel failed to sign the application. See LR 11-1. See Instructions for Applicants (1) note that electronic signatures are not accepted. (G-64). (lt) |
| Filing 40 APPLICATION of Non-Resident Attorney Alexandra M. Benevento to Appear Pro Hac Vice on behalf of Plaintiff E. M. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34662904) filed by Plaintiff E. M.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Pride, Jessica) |
| Filing 39 APPLICATION of Non-Resident Attorney Jessica L. Fickling to Appear Pro Hac Vice on behalf of Plaintiff E. M. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34662635) filed by Plaintiff E. M.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Pride, Jessica) |
| Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Stipulation Extending Time to Answer (30 days or less) #35 . The following error(s) was/were found: Case Number MISSING/BLANK. 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. (lc) |
| Filing 37 APPLICATION of Non-Resident Attorney Bakari T. Sellers to Appear Pro Hac Vice on behalf of Plaintiff E. M. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34661590) filed by Plaintiff E. M.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Pride, Jessica) |
| Filing 36 WAIVER OF SERVICE Returned Executed filed by Plaintiff E. M.. upon Jeffrey G. Webb waiver sent by Plaintiff on 1/23/2023, answer due 3/24/2023. Waiver of Service signed by Brendan P. Gaffney. (Pride, Jessica) |
| Filing 35 First STIPULATION Extending Time to Answer the complaint as to U.S. All Star Federation, Inc. answer now due 2/22/2023, re Complaint (Attorney Civil Case Opening) #1 filed by plaintiff E. M..(Pride, Jessica) |
| Filing 34 PROOF OF SERVICE Executed by Plaintiff E. M., upon Defendant Varsity Brands Holding Company, Inc. served on 1/5/2023, answer due 1/26/2023. Service of the Summons and Complaint were executed upon Ty Chandler, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Pride, Jessica) |
| Filing 33 PROOF OF SERVICE Executed by Plaintiff E. M., upon Defendant Varsity Spirit, LLC served on 1/5/2023, answer due 1/26/2023. Service of the Summons and Complaint were executed upon Ty Chandler, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Pride, Jessica) |
| Filing 32 PROOF OF SERVICE Executed by Plaintiff E. M., upon Defendant Varsity Brands, LLC served on 1/5/2023, answer due 1/26/2023. Service of the Summons and Complaint were executed upon Ty Chandler, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Pride, Jessica) |
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Filing 31
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. EFFECTIVE IMMEDIATELY- No mandatory chambers copies required, EXCEPT FOR EXCEPT FOR motions for summary judgment and any other evidence-heavy motions.. The Courts Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the US District Court for the Central District of California to submit documents electronically to the Clerks Office The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to Courts Website and Judges procedures for information as applicable. (lc)
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| Filing 30 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Shawn Miller. (lh) |
| Filing 29 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Shawn Herrera. (lh) |
| Filing 28 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Rebecca Herrera. (lh) |
| Filing 27 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Jeffrey G. Webb. (lh) |
| Filing 26 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant CheerForce, LLC. (lh) |
| Filing 25 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Bain Capital, LP. (lh) |
| Filing 24 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Charlesbank Capital Partners, LP. (lh) |
| Filing 23 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant USA Federation for Sport Cheering. (lh) |
| Filing 22 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant U.S. All Star Federation, Inc. (lh) |
| Filing 21 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Varsity Brands Holding Company, Inc. (lh) |
| Filing 20 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Varsity Spirit, LLC. (lh) |
| Filing 19 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Varsity Brands, LLC. (lh) |
| Filing 18 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 17 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 16 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alka Sagar. (lh) |
| Filing 15 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff E M. (Pride, Jessica) |
| Filing 14 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff E M. (Pride, Jessica) |
| Filing 13 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff E M. (Pride, Jessica) |
| Filing 12 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff E M. (Pride, Jessica) |
| Filing 11 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff E M. (Pride, Jessica) |
| Filing 10 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff E M. (Pride, Jessica) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff E M. (Pride, Jessica) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff E M. (Pride, Jessica) |
| Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff E M. (Pride, Jessica) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff E M. (Pride, Jessica) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff E M. (Pride, Jessica) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff E M. (Pride, Jessica) |
| Filing 3 Certificate of Merit filed by Plaintiff E M re: Complaint (Attorney Civil Case Opening) #1 (Pride, Jessica) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff E M. (Pride, Jessica) |
| Filing 1 COMPLAINT Receipt No: ACACDC-34541431 - Fee: $402, filed by Plaintiff E M. (Attorney Jessica Klarer Pride added to party E M(pty:pla))(Pride, Jessica) |
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