DB Ventures Limited v. F45 Training Holdings Inc.
| DB Ventures Limited |
| F45 Training Holdings Inc. |
| 2:2023cv03460 |
| May 5, 2023 |
| US District Court for the Central District of California |
| Maame Ewusi-Mensah Frimpong |
| Rozella A Oliver |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
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Filing 45
CIVIL TRIAL ORDER by Judge Maame Ewusi-Mensah Frimpong. Amended Pleadings due by 12/28/2023. Discovery cut-off 8/21/2024. Exhibit List due by 1/8/2025. Witness List due by 1/8/2025. Motions due by 11/14/2024. Motions in Limine to be filed by 1/8/2025. Proposed Pretrial Order due by 1/22/2025. Status Report due by 1/8/2025. Last date to conduct settlement conference is 11/27/2024. Final Pretrial Conference set for 2/5/2025 09:00 AM before Judge Maame Ewusi-Mensah Frimpong. Jury Trial set for 1/24/2025 08:30 AM before Judge Maame Ewusi-Mensah Frimpong. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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Filing 44
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING SCHEDULING CONFERENCE UNDER SUBMISSION by Judge MAAME EWUSI-MENSAH FRIMPONG: The Court has considered the parties' Joint Rule 16(b)/26(f) Report with respect to the Scheduling Conference and has concluded that the hearing on November 16, 2023 is not necessary. Accordingly, the Scheduling Conference is taken off calendar and under submission. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY
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| Filing 43 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: REQUEST for Leave of Frank D'Angelo to Appear for Remote [Via Zoom Hearing] #42 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. 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. (rolm) |
| Filing 42 REQUEST for Leave of Frank D'Angelo to Appear for Remote [Via Zoom Hearing] filed by plaintiff DB Ventures Limited. Request set for hearing on 11/16/2023 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Catalano, Robert) |
| Filing 41 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4-5 days, filed by Defendant F45 Training Holdings Inc... (Attachments: #1 Exhibit A - Proposed Schedule of Pretrial and Trial Dates Worksheet)(Cortina, Samuel) |
| Filing 40 TRANSCRIPT ORDER as to Plaintiff DB Ventures Limited for Court Reporter. Court will contact Corey Wilkins at nydocket@loeb.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (D'Angelo, Frank) |
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Filing 39
ORDER SETTING SCHEDULING CONFERENCE by Judge Maame Ewusi-Mensah Frimpong. Scheduling Conference set for 11/16/2023 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (kd)
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| Filing 38 ANSWER to Amended Complaint, filed by Defendant F45 Training Holdings Inc..(Cortina, Samuel) |
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Filing 37
ORDER DENYING DEFENDANT F45 TRAINING HOLDINGS INC.'S MOTION TO DISMISS AND GRANTING IN PART REQUEST FOR JUDICIAL NOTICE [ECF NOS. 16, 17] by Judge Maame Ewusi-Mensah Frimpong. For the foregoing reasons, the Court hereby ORDERS as follows: 1. F45's Request for Judicial Notice is GRANTED IN PART (ECF No. 17); and 2. F45's Motion to Dismiss is DENIED (ECF No. 16). IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 36 MINUTES OF MOTION HEARING (Held and Completed) before Judge Maame Ewusi-Mensah Frimpong: Case called. Court and counsel confer re: the Motion to Dismiss Plaintiff's First Amended Complaint filed by Defendant F45 Training Holdings Inc. #16 and Request for Judicial Notice re MTD Plaintiffs' FAC filed by Defendant F45 Training Holdings, Inc. #17 The Court takes the matter under submission. A separate Court order shall issue. Court Reporter: Wil Wilcox. (shb) |
| Filing 35 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court hereby advances the Motion to Dismiss Plaintiffs' First Amended Complaint #16 to 9:00 am on 9/7/2023 before Judge Maame Ewusi-Mensah Frimpong. Counsel shall take notice of this advanced time. IT SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 34 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court, having considered the parties' Request [ECF No. #33 ] and finding good cause therefor, hereby GRANTS the Request and ORDERS all parties are permitted to appear via Zoom at the hearing set on September 7, 2023, at 10:00 a.m. The Zoom link is found on the Court's website: https://www.cacd.uscourts.gov/honorable-maame-ewusi-mensah-frimpong. Prior to the hearing, the parties must consult the Guidelines for Zoom Courtroom Proceedings found on the Court's website. Failure to comply with the Guidelines may result in future requests for Zoom appearances being denied. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 33 Joint REQUEST for Leave of Frank D. DAngelo and Randy Mastro to Appear for Remote [Via Zoom Hearing] filed by plaintiff DB Ventures Limited. Request set for hearing on 9/7/2023 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Catalano, Robert) |
| Filing 32 CORPORATE DISCLOSURE STATEMENT and CERTIFICATE OF NOTICE OF INTERESTED PARTIES PURSUANT TO FED. R. CIV. P. 7.1 AND L.R. 7.1-1 filed by Plaintiff DB Ventures Limited identifying DRJB Holdings Limited as Corporate Parent. (Catalano, Robert) |
| Filing 31 REPLY in support of Request for Judicial Notice (Dkt. 17) filed by Defendant F45 Training Holdings Inc.. (Cortina, Samuel) |
| Filing 30 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint #16 filed by Defendant F45 Training Holdings Inc.. (Cortina, Samuel) |
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Filing 29
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #23 #27 by Judge Maame Ewusi-Mensah Frimpong. APPLICATION to Appear Pro Hac Vice on behalf of Defendant F45 Training Holdings Inc., designating Samuel C. Cortina as local counsel. Granting #23 #27 Non-Resident Attorney Randy M. Mastro (rolm)
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| Filing 28 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court hereby continues the hearing on the Motion to Dismiss (ECF No. #16 ) to September 7, 2023 at 10:00 AM. Counsel shall take notice of this new date. The briefing schedule shall remain unchanged (see ECF No. #22 ). IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 27 APPLICATION of Non-Resident Attorney Randy M. Mastro to Appear Pro Hac Vice on behalf of Defendant F45 Training Holdings Inc. (Pro Hac Vice Fee - $500 Previously Paid on 6/8/2023, Receipt No. ACACDC-35463481) filed by Defendant F45 Training Holdings Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order) (Cortina, Samuel) |
| Filing 26 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Randy M. Mastro to Appear Pro Hac Vice on behalf of Defendant F45 Training Holdings Inc. (Pro Hac Vice Fee - $500 Previously Paid on 6/8/2023, Receipt No. ACACDC-35463481) #23 . 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 25 OPPOSITION to Defendant's Request for Judicial Notice [ECF No. 17] re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint #16 filed by Plaintiff DB Ventures Limited. (Attachments: #1 Proposed Order Denying In Part Defendant's Request for Judicial Notice [ECF No. 17])(Catalano, Robert) |
| Filing 24 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint #16 filed by Plaintiff DB Ventures Limited. (Attachments: #1 Proposed Order)(Catalano, Robert) |
| Filing 23 APPLICATION of Non-Resident Attorney Randy M. Mastro to Appear Pro Hac Vice on behalf of Defendant F45 Training Holdings Inc. (Pro Hac Vice Fee - $500 Previously Paid on 6/8/2023, Receipt No. ACACDC-35463481) filed by Defendant F45 Training Holdings Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order) (Cortina, Samuel) |
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Filing 22
ORDER GRANTING STIPULATION REGARDING BRIEFING SCHEDULE FOR DEFENDANT'S MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT by Judge Maame Ewusi-Mensah Frimpong. The Court, having considered the parties Stipulation and finding good cause therefor, hereby GRANTS the Stipulation and ORDERS as follows: 1. Plaintiff shall file its opposition to Defendants motion to dismiss on or before June 9, 2023; and 2. Defendant shall file its reply to the opposition no later than June 30, 2023. IT IS SO ORDERED. (yl)
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| Filing 21 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. This matter has been assigned to District Judge Maame Ewusi-Mensah Frimpong. The Court refers counsel to the Court's Initial Standing Order found on the Court's website under Judge Frimpong's Procedures and Schedules. Please read the Standing Order carefully. It is the responsibilities of the parties to maintain familiarly with the Standing Order and any future amendments that the Court may issue by periodically checking the Court's website for the operative version of the Standing Order. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 18 STIPULATION for Order Extending Briefing Schedule For Defendant's Motion to Dismiss Plaintiff's First Amended Complaint filed by Plaintiff DB Ventures Limited. (Attachments: #1 Proposed Order)(Catalano, Robert) |
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Filing 20
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #15 by Judge Maame Ewusi-Mensah Frimpong. APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff DB Ventures Limited, designating Robert J Catalano as local counsel. Granting #15 Non-Resident Attorney Frank D. D'Angelo (rolm)
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Filing 19
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #14 by Judge Maame Ewusi-Mensah Frimpong. APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff DB Ventures Limited, designating Robert J Catalano as local counsel. Granting #14 Non-Resident Attorney Wook Hwang (rolm)
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| Filing 17 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint #16 filed by Defendant F45 Training Holdings Inc.. (Cortina, Samuel) |
| Filing 16 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Defendant F45 Training Holdings Inc.. Motion set for hearing on 8/10/2023 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss, #2 Declaration of Samuel Cortina, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Proposed Order) (Cortina, Samuel) |
| Filing 15 APPLICATION of Non-Resident Attorney Frank D. D'Angelo to Appear Pro Hac Vice on behalf of Plaintiff DB Ventures Limited (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35296048) filed by Plaintiff DB Ventures Limited. (Attachments: #1 Proposed Order) (Catalano, Robert) |
| Filing 14 APPLICATION of Non-Resident Attorney Wook Hwang to Appear Pro Hac Vice on behalf of Plaintiff DB Ventures Limited (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35295900) filed by Plaintiff DB Ventures Limited. (Attachments: #1 Proposed Order) (Catalano, Robert) |
| Filing 13 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jessica Benvenisty. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) |
| Filing 12 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Randy Mastro. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) |
| Filing 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Frank D. D'Angelo. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) |
| Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Wook Hwang. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) |
| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Maame Ewusi-Mensah Frimpong and Magistrate Judge Rozella A. Oliver. (lh) |
| Filing 6 CERTIFICATE OF SERVICE filed by Defendant F45 Training Holdings Inc., re Notice of Removal (Attorney Civil Case Opening),,,, #1 served on May 8, 2023. (Cortina, Samuel) |
| Filing 5 Notice of Appearance or Withdrawal of Counsel: for attorney Samuel C. Cortina counsel for Defendant F45 Training Holdings Inc.. Adding Samuel C. Cortina as counsel of record for F45 Training Holdings Inc. for the reason indicated in the G-123 Notice. Filed by Defendant F45 Training Holdings Inc.. (Attorney Samuel C. Cortina added to party F45 Training Holdings Inc.(pty:dft))(Cortina, Samuel) |
| CONFORMED FILED COPY OF AMENDED COMPLAINT against Defendant F45 Training Holdings Inc. amending Complaint, filed by Plaintiff DB Ventures Limited. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 4/05/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants F45 Training Holdings Inc., filed by Plaintiff DB Ventures Limited. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 10/19/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 4 CIVIL COVER SHEET filed by Defendant F45 Training Holdings Inc.. (Willingham, David) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant F45 Training Holdings Inc. (Willingham, David) |
| Filing 2 CIVIL COVER SHEET filed by Defendant F45 Training Holdings Inc.. (Willingham, David) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 22STCV33846 Receipt No: ACACDC-35265779 - Fee: $402, filed by Defendant F45 Training Holdings Inc.. (Attachments: #1 Declaration of Samuel Cortina, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Exhibit DD, #32 Exhibit EE, #33 Exhibit FF, #34 Exhibit GG, #35 Exhibit HH, #36 Exhibit II, #37 Exhibit JJ, #38 Exhibit KK, #39 Exhibit LL, #40 Exhibit MM, #41 Exhibit NN, #42 Exhibit OO, #43 Exhibit PP, #44 Exhibit QQ, #45 Exhibit RR, #46 Exhibit SS) (Attorney David Karl Willingham added to party F45 Training Holdings Inc.(pty:dft))(Willingham, David) |
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