Willie Jay Smith-Bey v. Shanelle Hamlin et al
| Willie-Jay Smith-Bey, III |
| Shanelle CSS Hamlin, II, Terrie Hardy, Los Angeles County, Jacques C Adrien, E Trade Securities LLC, Morgan Stanley and Does 1-100 |
| 2:2023cv02600 |
| April 6, 2023 |
| US District Court for the Central District of California |
| Patricia Donahue |
| Otis D Wright |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0009 Petition to Confirm Arbitration Award |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 2, 2023. A more recent docket listing may be available from PACER.
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| Filing 34 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER GRANTING Motion for Relief #33 and REOPENING Case; Order SETTING Response Deadlines. The Court previously dismissed this case due to a purported lack of a complete in formapauperis application from Plaintiff. (Mins. Dismiss, ECF No. 31.) Thereafter, Plaintiff filed a Motion for Relief from Judgment, submitting evidence demonstrating that Plaintiff did timely submit an amended in forma pauperis application. (Mot. Relief J., ECF No. 33.) The Courts own investigation confirms that Plaintiff did in fact timely submit an amended in forma pauperis application and that the amended application was not initially docketed. As of May 29, 2023, the amended application has been docketed. (Am. Req. In Forma Pauperis, ECF No. 32.) Based on the foregoing, the Court finds good cause to provide relief from judgment of dismissal. Accordingly, the Court GRANTS Plaintiffs Motion for Relief from Judgment, (ECF No. 33), and hereby REINSTATES the case. All Defendants who have appeared are ORDERED to respond to Plaintiffs Complaint (whether by way of a re-noticed motion or otherwise) by no later than June 21, 2023. All parties shall re-file any oppositions and replies according to the deadlines set by the Local Rules. ( SEE FOOTNOTE 1: The Court will grant Plaintiffs in forma pauperis application by way of a separate Order finding that Plaintiff meets the relevant standard.). (Case Reopened. MD JS-5) (lc) |
| Filing 33 MOTION FOR RELIEF FROMJUDGMENT OR ORDER-WRIT OF AFFIDAVIT OF RECONSIDERATION filed by plaintiff Willie-Jay Smith-Bey, III. Motion set for hearing on 6/12/2023 at 01:30 PM before Judge Otis D. Wright II. (lc) |
| Filing 32 REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by plaintiff Willie-Jay Smith-Bey, III. (lc) |
| Filing 31 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER DENYING In Forma Pauperis Application #2 , DENYING AS MOOT Pending Motions #5 #26 , and DISMISSING Case. On April 13, 2023, the Court entered an Order on Plaintiff's request to proceed in forma pauperis, indicating that Plaintiffs first in forma pauperis application was incomplete and providing him thirty days to either file a complete application or pay the filing fee. (Order, ECF No. 17.)With adjustments for the weekend, Plaintiffs amended application or filing fee was due May 15, 2023. Plaintiffwho is capable of filing documents and receiving notice of filed documents electronically, (see ECF No. 16)has not filed an amended application or paid the filing fee. Therefore, the Court DENIES Plaintiffs in forma pauperis application. (ECF No. 2.) Given that Plaintiff has not paid the filing fee and has not been granted in forma pauperis statusby the deadline the Court provided, the case is appropriate for dismissal.The Court hereby DISMISSES the case for failure to pay the filing fee. The pending Motion to Compel Arbitration and Motion to Dismiss are each DENIED AS MOOT. (ECF Nos. 5, 26.) The Clerk of the Court shall close the case. ( MD JS-6. Case Terminated ) (lc) |
| Filing 30 PROOF OF SERVICE RE OBJECTION AND REBULT TO DEFENDANTS MOTIONS TO DISMISS BY MAIL ON ON MAY 15, 2023 #29 filed by plaintiff Willie-Jay Smith-Bey, III. (lc) |
| Filing 29 OBJECTION AND REBULT TO DEFENDANTS MOTIONS TO DISMISS #26 filed by Plaintiff Willie-Jay Smith-Bey, III. (lc) |
| Filing 28 NOTICE of Interested Parties filed by defendants Shanelle CSS Hamlin, II, Terrie Hardy, Los Angeles County, identifying County of Los Angeles, Child Support Services Department, Shanelle Hamlin, Terrie Hardy. (Gysler, Jennifer) |
| Filing 27 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Defendants Shanelle CSS Hamlin, II, Terrie Hardy, Los Angeles County. (Attachments: #1 Exh A)(Gysler, Jennifer) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendants Shanelle CSS Hamlin, II, Terrie Hardy, Los Angeles County. Motion set for hearing on 6/12/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (Attorney Jennifer E Gysler added to party Shanelle CSS Hamlin, II(pty:dft), Attorney Jennifer E Gysler added to party Terrie Hardy(pty:dft), Attorney Jennifer E Gysler added to party Los Angeles County(pty:dft)) (Gysler, Jennifer) |
| Filing 25 NOTICE OF ERRATA IN DEFENDANT E*TRADE SECURITIES LLCS AMENDED NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND DISMISS re NOTICE OF MOTION AND MOTION to Compel Arbitration #5 filed by Defendant E Trade Securities LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lane, Michael) |
| Filing 24 Amendment to NOTICE OF MOTION AND MOTION to Compel Arbitration #5 filed by Defendant E Trade Securities LLC. (Attachments: #1 Amended Declaration of Erik Regna, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Order)(Lane, Michael) |
| Filing 23 NOTICE of Change of address by Michael Dominick Lane attorney for Defendant E Trade Securities LLC. Changing attorneys address to 400 Capitol Mall, Suite 2400, Sacramento, CA 95814. Filed by Defendant E Trade Securities LLC. (Lane, Michael) |
| Filing 22 PROOF OF SERVICE of AO 88B Subpoena to produce documents to Kurt A Kappes on 4/28/23 filed by plaintiff Willie-Jay Smith-Bey, II. (lc) |
| Filing 21 PROOF OF SERVICE of AO 88B Subpoena to produce documents to Jennifer Gysler on 4/28/23 filed by plaintiff Willie-Jay Smith-Bey, III. (lc) Modified on 6/2/2023 (lc). |
| Filing 20 OPPOSITION TO E*TRADE SECURITIES MOITON TO COMPEL ARBITRATION #5 filed by Plaintiff Willie-Jay Smith-Bey, III. (Attachments: #1 Exhibits)(lc) |
| Filing 19 PROOF OF SERVICE re Notice of New Case Number / Judge Assignment (CV-15) #10 ]served Kurt A Keppes on 4/24/23 filed by plaintiff Willie-Jay Smith-Bey, III. (lc) |
| Filing 18 PROOF OF SERVICE, re Notice of New Case Number / Judge Assignment (CV-15) #10 served Jennifer Gysler on 4/24/23 filed by plaintiff Willie-Jay Smith-Bey, III. (lc) Modified on 4/27/2023 (lc). |
Filing 17
ORDER ON REQUEST TO PROCEED IN FORMA PAUPERIS (NON-PRISONER CASE) #2 by Judge Otis D. Wright, II: On the question of indigency, the Court finds that the party who filed the Request: has not submitted enough information for the Court to tell if the filer is able to pay the filing fees. This is what is missing: Plaintiff failed to answer most of the questions on the Request form, including pertinent information regarding his income and other details necessary to determine whether he qualifies for in forma paueris status. Ruling on the Request is POSTPONED for 30 days so that the filer may provide additional information. Within 30 days of the date of this Order, the filer must do the following: Refile a fully completed Request on the Courts updated CV-60 form, accompanying this Order; OR Pay the full filing fee of $402.00.. (lc)
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Filing 16
ORDER by Judge Otis D. Wright, II: granting #3 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (lc)
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Filing 15
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On its own motion, the Court CONTINUES the hearing on E*Trade Securities LLC's Motion to Compel Arbitration to June 12, 2023 at 1:30 PM #5 . (lc)
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| Filing 14 COUNSEL ARE NOTIFIED, THE MOTION TO COMPEL ARBITRATION #5 WAS PREMATURELY SET. THE MOTION IS CONTINUED TO MAY 8, 2023 AT 1:30 P.M.before Judge Wright.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
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Filing 13
SELF-REPRESENTATION ORDER by Judge Otis D. Wright, II. (lc)
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| Filing 12 NOTICE OF HEARING on MOTION to Compel Arbitration by Clerk of Court. Counsel is hereby notified that the MOTION to Compel Arbitration #5 is set for hearing. Motion set for hearing on 5/1/2023 at 01:30 PM before Judge Otis D. Wright II. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (car) TEXT ONLY ENTRY |
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Filing 11
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 Court's 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 Clerk's 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 Court's Website and Judge's procedures for information as applicable. (lc)
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| Filing 10 NOTICE of New Case Number and Judge Assignment by Clerk. This case is hereby converted from case type MC to case type CV because subsequent filings have changed the nature of the case. A new case number has therefore been assigned to this case. District Judge Otis D. Wright, II and Magistrate Judge Patricia Donahue are assigned to this new case number. All future documents must be filed under the new case number, which is 2:23-cv-02600-ODW-PDx. The previous case number, 2:22-mc-00235-UA, is hereby terminated. (car) |
| Filing 9 WAIVER OF SERVICE Returned Executed filed by Plaintiff Willie-Jay Smith-Bey, III. upon E Trade Securities LLC, waiver sent by Defendant on 2/2/2023, answer due 4/3/2023. Waiver of Service signed by Kurt A Kappes for defendant E Trade Securities LLC. (lom) |
| Filing 8 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Willie-Jay Smith-Bey, III, upon Defendants Terrie Hardy, Shanelle CSS Hamlin, II, Los Angeles County acknowledgment sent by Plaintiff, no mail date specified. Acknowledgment of Service signed by Jennifer E Gysler, Counsel on 3/2/23. (lom) |
| Filing 7 PROOF OF SERVICE filed by Defendant E Trade Securities LLC, re Certificate/Notice of Interested Parties #6 , NOTICE OF MOTION AND MOTION to Compel Arbitration #5 served on April 3, 2023. (Lane, Michael) |
| Filing 6 CERTIFICATE of Interested Parties identifying ETCM Holdings, LLC. (Lane, Michael) |
| Filing 5 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant E Trade Securities LLC. (Attachments: #1 Declaration of Erik Renga, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order) (Attorney Michael Dominick Lane added to party E Trade Securities LLC(pty:dft)) (Lane, Michael) |
| Filing 4 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Miscellaneous Case #1 . The WRIT OF CLAIM has 31 pages vice 30 pages. Document has been replaced with the completed version. (et) |
| Filing 3 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Plaintiff Willie Jay Smith-Bey, III. (et) |
| Filing 2 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (Short Form) filed by Plaintiff Willie Jay Smith-Bey, III. (et) |
| Filing 1 [NOTICE OF CLERICAL ERROR ISSUED ON 1/26/2023, SEE DOCKET ENTRY #4 WRIT OF CLAIM, filed by Plaintiff Willie Jay Smith-Bey, III. (Attachments: #1 Civil Cover Sheet, #2 Summons for Shanelle Hamlin, #3 Summons for Los Angeles Child Support Service, #4 Summons for Jacques C Adrien, #5 E Trade Securities LLC, #6 Summons for Terrie Hardy) (et) (Main Document 1 replaced on 1/26/2023) (et). Modified on 1/26/2023 (et). |
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