Universal Freight Solutions, LLC v. DGL Group Ltd. et al
| Universal Freight Solutions, LLC |
| Mark Nakash, Ezra Zaafarani, DGL Group LTD. and DOES 1 through 100, inclusive |
| Richard R. Mainland |
| 2:2023cv01822 |
| March 10, 2023 |
| US District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| Alicia G Rosenberg |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 16, 2024. A more recent docket listing may be available from PACER.
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| Filing 55 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Richard R. Mainland has been assigned to serve as Panel Mediator. (lst) |
| Filing 54 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Richard Mainland may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Universal Freight Solutions, LLC(Ma, Joyce) |
Filing 53
(IN CHAMBERS) ORDER TAKING MOTIONS OF DEFENDANT DGL GROUP, LTD TO DISMISS (DKT. #42 ) AND MOTION OF DEFENDANTS EXRA ZAAFARANI, MARK NAKASH TO DISMISS (DKT. #41 UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the Motions to Dismiss currently scheduled for hearing on July 28, 2023, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, these motions are taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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Filing 52
ORDER RE: SCHEDULE OF PRETRIAL AND TRIAL DATES, TRIAL REQUIREMENTS, ANDCONDUCT OF ATTORNEYS AND PARTIES by Judge Fernando L. Aenlle-Rocha: Final Pretrial Conference set for 4/26/2024 01:00 PM ; Jury Trial set for 5/14/2024 08:15 AM ; Motion in Limine set for hearing on 4/26/2024 at 01:00 PM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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Filing 51
ORDER/REFERRAL to ADR Procedure No 2 by Judge Fernando L. Aenlle-Rocha. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 03/22/2024. (tf)
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| Filing 50 (IN CHAMBERS) ORDER by Fernando L. Aenlle-Rocha: The court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the court VACATES the July 28, 2023, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY |
| Filing 49 JOINT REPORT Rule 26(f) Discovery Plan and Schedule of Pretrial and Trial Dates Worksheet ; estimated length of trial 7-10 days, filed by Plaintiff Universal Freight Solutions, LLC.. (Attachments: #1 Exhibit Schedule of Pretrial and Trial Dates Worksheet)(Ma, Joyce) |
| Filing 48 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss sixth, seventh, ninth, and tenth causes of action of the Amended Complaint #42 filed by Defendant DGL Group LTD.. (Tramontano, Alex) |
| Filing 47 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Defendants Ezra Zaafarani, Mark Nakash #41 filed by Defendants Mark Nakash, Ezra Zaafarani. (Tramontano, Alex) |
| Filing 46 Notice of Appearance or Withdrawal of Counsel: for attorney Alex Joseph Tramontano counsel for Defendants DGL Group LTD., Mark Nakash, Ezra Zaafarani. Adding Alex J. Tramontano as counsel of record for Defendants DGL Group LTD., Ezra Zaafarani, and Mark Nakash for the reason indicated in the G-123 Notice. Filed by Defendants DGL Group LTD., Ezra Zaafarani, and Mark Nakash. (Attorney Alex Joseph Tramontano added to party DGL Group LTD.(pty:dft), Attorney Alex Joseph Tramontano added to party Mark Nakash(pty:dft), Attorney Alex Joseph Tramontano added to party Ezra Zaafarani(pty:dft))(Tramontano, Alex) |
| Filing 45 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss sixth, seventh, ninth, and tenth causes of action of the Amended Complaint #42 filed by Plaintiff Universal Freight Solutions, LLC. (Wang, Jeremy) |
| Filing 44 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Defendants Ezra Zaafarani, Mark Nakash #41 filed by Plaintiff Universal Freight Solutions, LLC. (Wang, Jeremy) |
| Filing 43 CERTIFICATE of Interested Parties filed by Defendants DGL Group LTD., Mark Nakash, Ezra Zaafarani, (Byrd, Rachele) |
| Filing 42 NOTICE OF MOTION AND MOTION to Dismiss sixth, seventh, ninth, and tenth causes of action of the Amended Complaint filed by Defendant DGL Group LTD.. Motion set for hearing on 7/28/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum, #2 Proposed Order) (Byrd, Rachele) |
| Filing 41 NOTICE OF MOTION AND MOTION to Dismiss Defendants Ezra Zaafarani, Mark Nakash filed by Defendants Ezra Zaafarani, Mark Nakash. Motion set for hearing on 7/28/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum, #2 Proposed Order) (Byrd, Rachele) |
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Filing 40
ORDER APPROVING STIPULATION EXTENDING TIME TO RESPOND TO PLAINTIFF'S AMENDED COMPLAINT, SETTING BRIEFING SCHEDULE, AND CONTINUING SCHEDULING CONFERENCE #39 by Judge Fernando L. Aenlle-Rocha: 1. Defendants' respective motion papers filed on this docket as #35 , #36 and #37 are hereby DEEMED WITHDRAWN; 2. Defendants shall answer the First Amended Complaint #28 or move to dismiss Plaintiff's Amended Complaint in separate motions on behalf of the Individual Defendants and corporate defendant DGL on or before June 26, 2023; 3. Should any of the Defendants move to dismiss, the following briefing and hearing schedule shall apply: Motion(s) to Dismiss: June 26, 2023 Opposition to any Motions to Dismiss: July 7, 2023; Any reply memoranda: July 14, 2023; Motion hearing date: July 28, 2023, at 1:30 p.m. 4. The Scheduling Conference currently scheduled for July 14 at 1:00 p.m. is CONTINUED to July 28, 2023 at 1:00 p.m. to be heard concurrently with the hearing on Defendants' forthcoming Motion(s) to Dismiss (lc)
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| Filing 39 STIPULATION Extending Time to Answer the complaint as to DGL Group LTD. answer now due 6/26/2023; Ezra Zaafarani answer now due 6/26/2023; Mark Nakash answer now due 6/26/2023, re Amended Complaint/Petition #28 , STIPULATION to Reschedule Scheduling Conference currently set for July 14 at 1:00pm, STIPULATION to Withdraw Motion NOTICE OF MOTION AND MOTION to Dismiss defendants Ezra Zaafarani, DOES, Mark Nakash #36 , First NOTICE OF MOTION AND MOTION to Dismiss causes of action #35 , Corrected NOTICE OF MOTION AND MOTION to Dismiss defendants Ezra Zaafarani, Mark Nakash #37 - Stipulation Extending Time to Respond to Plaintiff's Amended Complaint, Setting Briefing Schedule, and Continuing Scheduling Conference filed by Defendants DGL Group LTD.; Ezra Zaafarani; Mark Nakash. (Attachments: #1 Proposed Order)(Byrd, Rachele) |
| Filing 38 Notice of Unavailability of Counsel filed by Plaintiff Universal Freight Solutions, LLC. (Wang, Jeremy) |
| Filing 37 Corrected NOTICE OF MOTION AND MOTION to Dismiss defendants Ezra Zaafarani, Mark Nakash filed by Defendanats Ezra Zaafarani, Mark Nakash. Motion set for hearing on 7/7/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum, #2 Proposed Order) (Byrd, Rachele) |
| Filing 36 NOTICE OF MOTION AND MOTION to Dismiss defendants Ezra Zaafarani, DOES, Mark Nakash filed by Defendants DGL Group LTD., Ezra Zaafarani, DOES, Mark Nakash. Motion set for hearing on 7/7/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum, #2 Proposed Order) (Byrd, Rachele) |
| Filing 35 First NOTICE OF MOTION AND MOTION to Dismiss causes of action filed by Defendanats DGL Group LTD., DOES, Mark Nakash, Ezra Zaafarani. Motion set for hearing on 7/7/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum, #2 Proposed Order) (Byrd, Rachele) |
| Filing 34 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Notice (OTHER) by Ezra Zaafarani and Mark Nakash andDGL Group Ltd #31 by Judge Fernando L. Aenlle-Rocha. The document Stricken. Notice of interested parties shall be filed no later than 5 days from entry of this Order. OTHER: Hearing information is missing, incorrect, or untimely. Incorrect event selected. The correct event to be used is; Motion: Dismiss Party; AND Motion: Dismiss Cause or Other. The Motion To Dismiss is seeking two different Reliefs from different defendants. Due to incorrect event NO MOTION IS SET ON JUDGE'S MOTION CALENDAR FOR HEARING. Motion events will prompt Filer for date, time and selection of Judge. (lc) |
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Filing 33
ORDER GRANTING APPLICATION of Non-Resident Attorney Lillian R. Grinnell to Appear Pro Hac Vice on behalf of Defendants DGL Group LTD., Mark Nakash, Ezra Zaafarani designating Berry M. Anderson as local counsel #29 by Judge Fernando L. Aenlle-Rocha. (lc)
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| Filing 32 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice (Other), #31 by Mark Nakash, Ezra Zaafarani and DGL Group LTD. The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. Local Rule 7-1.1 no notice of interested parties. Incorrect event selected. Correct event to be used is: Motion: Dismiss Party ; AND Motion: Dismiss Cause or Other)... Motion seeking 2 different reliefs from different defendants. Due to incorrect event NO Motion Nor hearing set on Judge's Motion calendar for hearing. Motion events will prompt filer for date, time and selection of Judge. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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 31 (STRICKEN PER 6/12/2023 COURT'S G112B RESPONSE DOCKET NO. 34). Notice of Individual Defendants' Motion to Dismiss and DGL Group Ltd.s Partial Motion to Dismiss Plaintiffs Amended Complaint filed by Defendants DGL Group LTD., DOES, Mark Nakash, Ezra Zaafarani. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Individual Defendants Motion to Dismiss and DGL Group Ltd.s Partial Motion to Dismiss Plaintiffs Amended Complaint, #2 Proposed Order)(Byrd, Rachele) Modified on 6/12/2023 (lc). |
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Filing 30
(IN CHAMBERS) ORDER DEEMING DEFENDANTS' MOTION TO DISMISS COMPLAINT AS MOOT (DKT. [20)] by Judge Fernando L. Aenlle-Rocha: In light of the First Amended Complaint (Dkt. #28 ), the Motion to Dismiss Complaint is denied as MOOT. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 29 APPLICATION of Non-Resident Attorney Lillian R. Grinnell to Appear Pro Hac Vice on behalf of Defendants DGL Group LTD., Mark Nakash, Ezra Zaafarani (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35398169) filed by Defendants DGL Group LTD., Mark Nakash, Ezra Zaafarani. (Attachments: #1 Proposed Order) (Berry, M.) |
| Filing 28 First AMENDED COMPLAINT against Defendant All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Universal Freight Solutions, LLC(Song, Joon) |
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Filing 27
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #25 by Judge Fernando L. Aenlle-Rocha. APPLICATION of Non-Resident Attorney Benjamin Y. Kaufman to Appear Pro Hac Vice on behalf of Defendants DGL Group LTD., Mark Nakash, Ezra Zaafarani. Granting #25 APPLICATION (rolm)
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| Filing 26 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: APPLICATION of Non-Resident Attorney Benjamin Y. Kaufman to Appear Pro Hac Vice on behalf of Defendants DGL Group LTD., Mark Nakash, Ezra Zaafarani (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35362928) #23 by Judge Fernando L. Aenlle-Rocha. The document is stricken. Proposed Orders have not been flattened and is causing a corruption with the filing. Please lodge a new proposed order.. (rolm) |
| Filing 25 APPLICATION to Correct APPLICATION of Non-Resident Attorney Benjamin Y. Kaufman to Appear Pro Hac Vice on behalf of Defendants DGL Group LTD., Mark Nakash, Ezra Zaafarani (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35362928) #23 filed by Defendants DGL Group LTD., Mark Nakash, Ezra Zaafarani. (Attachments: #1 Proposed Order) (Berry, M.) |
| Filing 24 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Benjamin Y. Kaufman to Appear Pro Hac Vice on behalf of Defendants DGL Group LTD., Mark Nakash, Ezra Zaafarani (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35362928) #23 . The following error(s) was/were found: Proposed Orders have not been flattened and is causing a corruption with the filing. (lt) |
| Filing 23 [DOCUMENT STRICKEN PER ORDER ON 5/24/23 SEE DOCKET NO. 26] APPLICATION of Non-Resident Attorney Benjamin Y. Kaufman to Appear Pro Hac Vice on behalf of Defendants DGL Group LTD., Mark Nakash, Ezra Zaafarani (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35362928) filed by Defendant DGL Group LTD., Mark Nakash, Ezra Zaafarani. (Attachments: #1 Proposed Order) (Attorney M Anderson Berry added to party DGL Group LTD.(pty:dft), Attorney M Anderson Berry added to party Mark Nakash(pty:dft), Attorney M Anderson Berry added to party Ezra Zaafarani(pty:dft)) (Berry, M) Modified on 5/24/2023 (rolm). |
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Filing 22
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 7/14/2023 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (tf)
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| Filing 21 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant DGL Group LTD..(Byrd, Rachele) |
| Filing 20 First NOTICE OF MOTION AND MOTION to Dismiss Case filed by Individual Defendants Mark Nakash, Ezra Zaafarani. Motion set for hearing on 6/16/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum, #2 Proposed Order) (Byrd, Rachele) |
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Filing 19
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT [DKT. 17] by Judge Fernando L. Aenlle-Rocha. The court, having considered the Stipulation and finding good cause therefor, hereby GRANTS the parties' request. Defendant DGL Group Ltd.'s deadline to respond to Plaintiff's Complaint is extended to May 19, 2023. (lom)
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| Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance, #15 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 17 First STIPULATION for Extension of Time to File Response as to Complaint (Attorney Civil Case Opening) #1 , First STIPULATION for Extension of Time to File Answer to 05/19/2023 re Complaint (Attorney Civil Case Opening) #1 filed by Defendant DGL Group LTD.. (Attachments: #1 Proposed Order Proposed Order Granting Time Extension for DGL to Respond to Complaint)(Byrd, Rachele) |
| Filing 16 First STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant DGL Group LTD..(Byrd, Rachele) |
| Filing 15 First NOTICE of Appearance filed by attorney Rachele R Byrd on behalf of Defendants DGL Group LTD., DOES, Mark Nakash, Ezra Zaafarani (Attorney Rachele R Byrd added to party DGL Group LTD.(pty:dft), Attorney Rachele R Byrd added to party DOES(pty:dft), Attorney Rachele R Byrd added to party Mark Nakash(pty:dft), Attorney Rachele R Byrd added to party Ezra Zaafarani(pty:dft))(Byrd, Rachele) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Universal Freight Solutions, LLC, upon Defendant Mark Nakash served on 3/29/2023, answer due 4/19/2023. Service of the Summons and Complaint were executed upon Mrs. Nakash, Co-Occupant in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Song, Joon) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Universal Freight Solutions, LLC, upon Defendant Ezra Zaafarani served on 3/29/2023, answer due 4/19/2023. Service of the Summons and Complaint were executed upon STELLA ZAAFARANI, Co-Occupant in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Song, Joon) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Universal Freight Solutions, LLC, upon Defendant DGL Group LTD. served on 3/24/2023, answer due 4/14/2023. Service of the Summons and Complaint were executed upon Jane Doe, Authorized Employee in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Song, Joon) |
| Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants DGL Group LTD., Mark Nakash, and Ezra Zaafarani. (Attachments: #1 DGL Group, #2 MNakash) (jtil) |
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Filing 10
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (tf)
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| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Fernando L Aenlle-Rocha and Magistrate Judge Alicia G. Rosenberg. (jtil) |
| Filing 6 NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, identifying Zim American Integrated Shipping Services Co., LLC; SM LINE; YANG MING (AMERICA) CORPORATION; Ocean Network Express PTE LTD. (ONE Line); Mediterranean Shipping Company (USA) Inc; TRANSFAR SHIPPING; HMM (America), Inc.; COSCO SHIPPING Lines (North America) Inc.; and METRO GROUP MARITIME. (Song, Joon) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Universal Freight Solutions, LLC. (Song, Joon) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Universal Freight Solutions, LLC. (Song, Joon) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Universal Freight Solutions, LLC. (Song, Joon) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Universal Freight Solutions, LLC. (Song, Joon) |
| Filing 1 COMPLAINT Receipt No: ACACDC-34937440 - Fee: $402, filed by Plaintiff Universal Freight Solutions, LLC. (Attorney Joon Song added to party Universal Freight Solutions, LLC(pty:pla))(Song, Joon) |
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