Lorraine J. Vander Ark et al v. HAF Corporation et al
| Lorraine J. Vander Ark and Lorraine J. Vander Ark Trust |
| HAF Corporation, HAF Industries, Howard A. Foote, Michael Iorlano, Sherri DeBoer, L. Jane Hansen, Samia Anwar El Baroudy, Paul Graven, Rocky S. MacDonald, Brad Reinard, Joey Oosting, Michael Johnson, William Musgrave, Venable, LLP, Christopher H. Dieterich and Dieterich and Associates LLP |
| 2:2023cv04567 |
| June 9, 2023 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| Michael W Fitzgerald |
| Contract: Other |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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| Filing 103 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss ; Memorandum of Points & Authorities #94 filed by Defendant Venable, LLP. (McNamara, Michael) |
Filing 102
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. Scheduling Conference set for 9/25/2023 at 11:00 AM before Judge Michael W. Fitzgerald. See Order for details. (smom)
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| Filing 101 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss ; Memorandum of Points & Authorities #94 filed by Plaintiffs Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 100 CERTIFICATE of Interested Parties filed by Defendant Venable, LLP, identifying Parties Listed in Attachment. (Smith, Alexander) |
| Filing 99 PROOF OF SERVICE Executed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark, upon Defendant L. Jane Hansen served on 7/14/2023, answer due 8/4/2023. Service of the Summons and Complaint were executed upon Gary Boals, husband in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy (Patil, Chetan) |
| Filing 98 PROOF OF SERVICE Executed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark, upon Defendant Brad Reinard served on 7/15/2023, answer due 8/7/2023. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by personal service (Patil, Chetan) |
| Filing 97 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Motion to Dismiss #94 . 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. (iv) |
| Filing 96 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND filed by Defendant HAF Corporation.(Heath, Steven) |
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Filing 95
ORDER GRANTING STIPULATION TO EXTEND DEADLINE TO PROVIDE COURT-ORDERED ACCOUNTING BY TWO WEEKS TO AUGUST 11, 2023 #92 by Judge Michael W. Fitzgerald. SEE ORDER FOR DETAILS. (iv)
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| Filing 94 NOTICE OF MOTION AND MOTION to Dismiss ; Memorandum of Points & Authorities filed by Defendant Venable, LLP. Motion set for hearing on 8/21/2023 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order, #2 Declaration of Alexander M. Smith, #3 Exhibit 1 to Declaration of Alexander M. Smith, #4 Exhibit 2 to Declaration of Alexander M. Smith) (McNamara, Michael) |
| Filing 93 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND Defendant HAF Industries' Answer and Affirmative Defenses to Plaintiff Lorraine Vander Ark's Complaint filed by Defendant HAF Industries.(Umhofer, Matthew) |
| Filing 92 STIPULATION to Continue deadline to provide court-ordered accounting from July 28, 2023 to August 11, 2023 Re: Minutes of In Chambers Order/Directive - no proceeding held,, #82 filed by plaintiff HAF Corporation. (Attachments: #1 Proposed Order)(Heath, Steven) |
| Filing 91 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendant Dieterich and Associates LLP.(Attorney Christopher Hyde Dieterich added to party Dieterich and Associates LLP(pty:dft))(Dieterich, Christopher) |
| Filing 90 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendant Christopher H. Dieterich.(Attorney Christopher Hyde Dieterich added to party Christopher H. Dieterich(pty:dft))(Dieterich, Christopher) |
| Filing 89 PROOF OF SERVICE Executed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark, upon Defendant William Musgrave served on 7/18/2023, answer due 8/8/2023. Service of the Summons and Complaint were executed upon unnamed co-resident in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy (Patil, Chetan) |
| Filing 88 PROOF OF SERVICE Executed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark, upon Defendant Rocky S. MacDonald served on 6/21/2023, answer due 7/12/2023. Service of the Summons and Complaint were executed upon Rocky MacDonald in compliance with Federal Rules of Civil Procedure by personal service (Patil, Chetan) |
| Filing 87 PROOF OF SERVICE Executed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark, upon Defendant Sherri DeBoer served on 6/23/2023, answer due 7/14/2023. Service of the Summons and Complaint were executed upon Sherri DeBoer in compliance with Federal Rules of Civil Procedure by personal service (Patil, Chetan) |
| Filing 86 NOTICE of Appearance filed by attorney Rebekah Hyun Lee on behalf of Defendant Venable, LLP (Lee, Rebekah) |
| Filing 85 STIPULATION Extending Time to Answer the complaint as to HAF Industries answer now due 7/24/2023, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant HAF Industries.(Umhofer, Matthew) |
| Filing 84 Joint STIPULATION Extending Time to Answer the complaint as to HAF Corporation answer now due 7/24/2023, re Complaint (Attorney Civil Case Opening), #1 filed by defendant HAF Corporation.(Heath, Steven) |
| Filing 83 Notice of Withdrawal of Motion for Bond, #63 filed by Defendants HAF Corporation, HAF Industries. (Umhofer, Matthew) |
| Filing 81 STIPULATION Extending Time to Answer the complaint as to Venable, LLP answer now due 7/24/2023, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Venable, LLP.(Smith, Alexander) |
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Filing 82
MINUTE (IN CHAMBERS) ORDER DENYING IN PART AND GRANTING IN PART EX PARTE APPLICATION FOR PRELIMINARY INJUNCTION AND DISCHARGING ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION #3 , 13 by Judge Michael W. Fitzgerald. The OSC is DISCHARGED. The Application is DENIED to the extent it seeks to freeze HAF Corp.'s and/or HAF Industries assets and to obtain expedited discovery. However, the Application is GRANTED to the extent it seeks an accounting of current and future assets and asset transfers. Accordingly, by no later than July 28, 2023, Defendants HAF Corp. and HAF Industries shall provide to Plaintiff's counsel and file under seal. SEE ORDER FOR DETAILS. (iv)
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| Filing 80 NOTICE of Appearance filed by attorney Michael P McNamara on behalf of Defendant Venable, LLP (Attorney Michael P McNamara added to party Venable, LLP(pty:dft))(McNamara, Michael) |
| Filing 79 PROOF OF SERVICE Executed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark, upon Defendant Venable, LLP served on 6/19/2023, answer due 7/10/2023. Service of the Summons and Complaint were executed upon CT Corp., registered agent in compliance with Federal Rules of Civil Procedure by personal service (Patil, Chetan) |
| Filing 78 PROOF OF SERVICE Executed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark, upon Defendant Michael Iorlano served on 6/22/2023, answer due 7/13/2023. Service of the Summons and Complaint were executed upon Janet Iorlano, co-occupant in compliance with Federal Rules of Civil Procedure by personal service (Patil, Chetan) |
| Filing 77 NOTICE of Appearance filed by attorney Alexander M. Smith on behalf of Defendant Venable, LLP (Attorney Alexander M. Smith added to party Venable, LLP(pty:dft))(Smith, Alexander) |
| Filing 76 PROOF OF SERVICE Executed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark, upon Defendant Christopher H. Dieterich served on 6/23/2023, answer due 7/14/2023. Service of the Summons and Complaint were executed upon Christopher Dieterich in compliance with Federal Rules of Civil Procedure by personal service (Patil, Chetan) |
| Filing 75 PROOF OF SERVICE Executed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark, upon Defendant Dieterich and Associates LLP served on 6/23/2023, answer due 7/14/2023. Service of the Summons and Complaint were executed upon Christopher Dieterich, Agent in compliance with Federal Rules of Civil Procedure by personal service (Patil, Chetan) |
| Filing 74 MINUTES OF ORDER TO SHOW RE PRELIMINARY INJUNCTION held before Judge Michael W. Fitzgerald. The Court takes the matter under submission. An order will issue. Court Reporter: Suzanne McKennon. (iv) |
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Filing 73
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. The Court has reviewed Plaintiffs Notice of Live Testimony #69 and Defendants Objections #70 . The Court will not allow live testimony to be presented at the OSC Hearing re: Preliminary Injunction and any subpoenas Plaintiff has served to attend the OSC Hearing are hereby QUASHED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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| Filing 72 RESPONSE filed by Plaintiffs Lorraine J. Vander Ark Trust, Lorraine J. Vander Arkto Objection #70 , Notice (Other) #69 (Patil, Chetan) |
| Filing 71 REPLY Support EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 filed by Plaintiffs Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Attachments: #1 Declaration Second Declaration of Duane Vander Ark)(Patil, Chetan) |
| Filing 70 OBJECTIONS to Notice (Other) #69 filed by Defendants HAF Corporation, HAF Industries. (Heath, Steven) |
| Filing 69 Notice Intent to Present Live Testimony at the Preliminary Injunction Hearing filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 68 OPPOSITION in opposition to re: EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 filed by Defendants HAF Corporation, HAF Industries. (Attachments: #1 Declaration of Howard A. Foote, #2 Appendix of previously-filed Declarations referenced in Opposition)(Attorney Steven Alan Heath added to party HAF Industries(pty:dft))(Heath, Steven) |
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Filing 67
ORDER by Judge Michael W. Fitzgerald: The Court has reviewed the Motion for Bond #63 filed by Defendants and notes that it suggests that this action is automatically stayed. (Docket No. 63 at 7). Because Plaintiff brings securities claims under federal law, the Court has federal-question subject-matter jurisdiction over this action. The California Corporations Code does not (and cannot) operate to prevent this Court from exercising its jurisdiction over the federal claims. Therefore, this action necessarily is not stayed in its entirety. Moreover, the California Supreme Court has made clear that "when a complaint alleges a personal cause of action and a derivative cause of action in the same complaint, a court cannot impose a section 800 bond as a condition of prosecuting the personal cause of action." Max v. 8E6 Corp., No. B307406, 2022 WL 909907, at *9 (Cal. Ct. App. Mar. 29, 2022), as modified on denial of reh'g (Apr. 27, 2022) (citing Hagan v. Superior Ct. of Los Angeles Cnty., 53 Cal. 2d 498, 503, 2 Cal. Rptr. 288 (1960)). Therefore, the Court disagrees that no further proceedings may be held on the OSC re: Preliminary Injunction given at least some of the claims forming the basis of the PI Application appear to be brought directly by Plaintiff as Trustee of Lorraine J. Vander Ark Trust (e.g., the breach of contract claim). The briefing schedule and OSC Hearing set by the Court's Order dated June 14, 2023, remain set. Failure to adhere to the deadlines set by this Court will be construed as a failure to timely oppose the PI Application. The parties may address the automatic stay issue in their subsequent filings and at the OSC Hearing. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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Filing 66
ORDER by Judge Michael W. Fitzgerald: granting #60 Non-Resident Attorney Daniel J. Broxup APPLICATION to Appear Pro Hac Vice on behalf of Lorraine J. Vander Ark, designating Chetan S Patil as local counsel. (lom)
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Filing 65
ORDER by Judge Michael W. Fitzgerald: granting #61 Non-Resident Attorney Dominic T. Clolinger APPLICATION to Appear Pro Hac Vice on behalf of Lorraine J. Vander Ark, designating Chetan S Patil as local counsel. (lom)
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Filing 64
MINUTES (IN CHAMBERS) ORDER DENYING EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER #3 by Judge Michael W. Fitzgerald. The Application is DENIED to the extent it seeks a TRO freezing HAF Corp.'s and/or HAF Inds.'s assets. (iv)
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| Filing 63 **WITHDRAWN** Joint NOTICE OF MOTION AND MOTION for Bond Under California Corporations Code section 800(c) filed by Defendants HAF Corporation, HAF Industries. Motion set for hearing on 7/24/2023 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Matthew Donald Umhofer, #2 Declaration of Steve A. Heath, #3 Proposed Order) (Attorney Matthew Donald Umhofer added to party HAF Corporation(pty:dft)) (Umhofer, Matthew) Modified on 6/30/2023 per Notice #83 (iv). |
| Filing 62 PROOF OF SERVICE Executed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark, upon Defendant Howard A. Foote served on 6/15/2023, answer due 7/6/2023. Service of the Summons and Complaint were executed upon Robin Martin, Front Desk in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy (Patil, Chetan) |
| Filing 61 APPLICATION of Non-Resident Attorney Dominic T. Clolinger to Appear Pro Hac Vice on behalf of Plaintiffs Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark (Pro Hac Vice Fee - $500 Previously Paid on 6/9/2023, Receipt No. ACACDC-35471601) filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Attachments: #1 Proposed Order) (Patil, Chetan) |
| Filing 60 APPLICATION of Non-Resident Attorney Daniel J. Broxup to Appear Pro Hac Vice on behalf of Plaintiffs Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark (Pro Hac Vice Fee - $500.00 Previously Paid on 6/9/2023, Receipt No. ACACDC-35471601) filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Attachments: #1 Proposed Order) (Patil, Chetan) |
| Filing 59 JOINDER filed by Defendant HAF Industries joining in MEMORANDUM in Opposition to Motion, #56 . (Umhofer, Matthew) |
| Filing 58 CERTIFICATE of Interested Parties filed by Defendant HAF Industries, identifying Howard A. Foote, Sherri deBoer, Mike Iorlano, Joey Oosting, Samia Anwar El Baroudy, William Musgrave, Brad Reinard, L. Jane Hansen, Rocky S. MacDonald, Michael Johnson, Christopher S. Dieterich, and Paul Graven. (Umhofer, Matthew) |
| Filing 57 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Donald Umhofer counsel for Defendant HAF Industries. Adding Matthew Donald Umhofer as counsel of record for HAF Industries for the reason indicated in the G-123 Notice. Filed by Defendant HAF Industries. (Attorney Matthew Donald Umhofer added to party HAF Industries(pty:dft))(Umhofer, Matthew) |
| Filing 56 MEMORANDUM in Opposition to EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 filed by Defendant HAF Corporation. (Attachments: #1 Declaration of Howard Foote, #2 Declaration of Sherri deBoer, #3 Declaration of Rocky MacDonald)(Heath, Steven) |
| Filing 55 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant William Musgrave. (iv) |
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Filing 54
ORDER by Judge Michael W. Fitzgerald: The Court has reviewed Defendant HAF Corporation's Application for Extension of Time to File Response to Application for Temporary Restraining Order and Order to Show Cause re: Preliminary Injunction #51 ("Extension Application"). The Extension Application is DENIED to the extent it seeks to extend the time to file an Opposition to the TRO Application, which remains due on 6/15/2023 at 5:00 p.m. (PT). However, the Extension Application is GRANTED to the extent it seeks to extend the time to file a Response to the OSC re: Preliminary Injunction, which shall be filed by Defendant by no later than Tuesday, 6/20/2023, at 9:00 a.m. Plaintiff may file a Reply (only to the OSC Response), by no later than Thursday, 6/22/2023, at 12:00 p.m. In the Opposition to the TRO, Defendant should specifically focus on the following two points: (1) any harm(s) that might result if the TRO is granted to preserve the status quo until the OSC Hearing and (2) why, based on the case law and facts presented by Plaintiff, Plaintiff's claimed threat of harm (i.e., the siphoning of funds) is insufficient to support the issuance of a TRO. Defendant may (and will be expected to) develop the facts and arguments on the merits of Plaintiff's claims in its OSC Response but need not do so in the Opposition to the TRO Application. The OSC Hearing remains set for 6/26/2023 at 9:00 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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| Filing 53 CERTIFICATE of Interested Parties filed by Defendant HAF Corporation, identifying Howard A. Foote; Sherri deBoer; Mike Iorlano; Joey Oosting; Samia Anwar El Baroudy; William Musgrave; Brad Reinard; L. Jane Hansen; Rocky S. MacDonald; Michael Johnson; Christoper S. Dieterich; Paul Graven. (Heath, Steven) |
| Filing 52 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark, upon Defendant HAF Industries acknowledgment sent by Plaintiff on 6/13/2023, answer due 7/5/2023. Acknowledgment of Service signed by Robing Manning, Leasing Manager. (Patil, Chetan) |
| Filing 51 EX PARTE APPLICATION for Extension of Time to File response to Application for TRO and OSC re Preliminary Injunction filed by defendant HAF Corporation. (Attachments: #1 Declaration of Susan L. Klein, #2 Declaration of Steven A. Heath, #3 Proposed Order, #4 Declaration of Howard A. Foote) (Attorney Steven Alan Heath added to party HAF Corporation(pty:dft)) (Heath, Steven) |
| Filing 50 PROOF OF SERVICE Executed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark, upon Defendant HAF Corporation served on 6/13/2023, answer due 7/5/2023. Service of the Summons and Complaint were executed upon Robing Manning, Leasing Manager in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity (Patil, Chetan) |
| Filing 49 Request for Clerk to Issue Summons on EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 , Complaint (Attorney Civil Case Opening), #1 , Text Only Scheduling Notice,,,, 13 filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 48 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Michael Johnson. (iv) |
| Filing 47 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Rocky S. MacDonald. (iv) |
| Filing 46 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Venable, LLP. (iv) |
| Filing 45 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request, #26 . The following error(s) was found: The case number and/or judge(s) initials are missing. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (iv) |
| Filing 44 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Brad Reinard. (iv) |
| Filing 43 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Joey Oosting. (iv) |
| Filing 42 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Christopher H. Dieterich. (iv) |
| Filing 41 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Dieterich and Associates LLP. (iv) |
| Filing 40 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant L. Jane Hansen. (iv) |
| Filing 39 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Paul Graven. (iv) |
| Filing 38 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Samia Anwar El Baroudy. (iv) |
| Filing 37 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Sherri DeBoer. (iv) |
| Filing 36 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Michael Iorlano. (iv) |
| Filing 35 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: APPLICATION of Non-Resident Attorney Daniel J. Broxup to Appear Pro Hac Vice #9 , Notice of Lodging #10 , and APPLICATION of Non-Resident Attorney Dominic T. Clolinger to Appear Pro Hac Vice #11 ; see Notices of Deficiency #30 and #31 , by Judge Michael W. Fitzgerald. The documents are stricken. The corrected Applications shall be re-filed no later than 6/15/2023. The Court must receive the proposed Orders pursuant to Local Rule 5.4.4. (smom) |
| Filing 34 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Howard A. Foote. (iv) |
| Filing 33 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant HAF Industries. (iv) |
| Filing 32 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant HAF Corporation. (iv) |
| Filing 31 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Dominic T. Clolinger to Appear Pro Hac Vice on behalf of Plaintiffs Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35471759) #11 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. (lt) |
| Filing 30 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Daniel J. Broxup to Appear Pro Hac Vice on behalf of Plaintiffs Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35471601) #9 . 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 29 Request for Clerk to Issue Summons on EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 , Complaint (Attorney Civil Case Opening), #1 , Text Only Scheduling Notice,,,, 13 filed by PLAINTIFF Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 28 Request for Clerk to Issue Summons on EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 , Complaint (Attorney Civil Case Opening), #1 , Text Only Scheduling Notice,,,, 13 filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 27 Request for Clerk to Issue Summons on EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 , Complaint (Attorney Civil Case Opening), #1 , Text Only Scheduling Notice,,,, 13 filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 26 Request for Clerk to Issue Summons on EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 , Complaint (Attorney Civil Case Opening), #1 , Text Only Scheduling Notice,,,, 13 filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 25 Request for Clerk to Issue Summons on EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 , Complaint (Attorney Civil Case Opening), #1 , Text Only Scheduling Notice,,,, 13 filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 24 Request for Clerk to Issue Summons on EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 , Complaint (Attorney Civil Case Opening), #1 , Text Only Scheduling Notice,,,, 13 filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 23 Request for Clerk to Issue Summons on EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 , Complaint (Attorney Civil Case Opening), #1 , Text Only Scheduling Notice,,,, 13 filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 22 Request for Clerk to Issue Summons on EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 , Complaint (Attorney Civil Case Opening), #1 , Text Only Scheduling Notice,,,, 13 filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 21 Request for Clerk to Issue Summons on EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 , Complaint (Attorney Civil Case Opening), #1 , Text Only Scheduling Notice,,,, 13 filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 20 Request for Clerk to Issue Summons on EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 , Complaint (Attorney Civil Case Opening), #1 , Text Only Scheduling Notice,,,, 13 filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 19 Request for Clerk to Issue Summons on EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 , Complaint (Attorney Civil Case Opening), #1 , Text Only Scheduling Notice,,,, 13 filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 18 Request for Clerk to Issue Summons on EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 , Complaint (Attorney Civil Case Opening), #1 , Text Only Scheduling Notice,,,, 13 filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 17 Request for Clerk to Issue Summons on EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 , Complaint (Attorney Civil Case Opening), #1 , Text Only Scheduling Notice,,,, 13 filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 16 Request for Clerk to Issue Summons on EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 , Complaint (Attorney Civil Case Opening), #1 , Text Only Scheduling Notice,,,, 13 filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 15 Request for Clerk to Issue Summons on EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 , Summons Request, #14 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 14 Request for Clerk to Issue Summons on EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries #3 , Complaint (Attorney Civil Case Opening), #1 , Text Only Scheduling Notice,,,, 13 filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
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Filing 13
ORDER and SCHEDULING NOTICE by Judge Michael W. Fitzgerald: The Court has reviewed Plaintiffs' Ex Parte Application for a Temporary Restraining Order #3 (the "Application"). The Court declines to entertain the Application as a true ex parte request, without notice to Defendants and an opportunity to respond. The Court ORDERS Plaintiffs to serve the Complaint, Application, and copy of this Order on Defendants as quickly as possible. Defendants shall file an Opposition to the Application by no later than 5:00 p.m. two calendar days following service of the Application. The Court will rule on the Application shortly thereafter. Regardless of any ruling on the merits of the Application, the Application is GRANTED to the extent it seeks an Order to Show Cause ("OSC") why a Preliminary Injunction should not issue. The Court hereby sets an in-person OSC Hearing on the Preliminary Injunction for 9:00 a.m. on 6/26/2023. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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| Filing 12 NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, identifying Duane Vander Ark. (Patil, Chetan) |
| Filing 11 ***STRICKEN*** per Docket No. 35: APPLICATION of Non-Resident Attorney Dominic T. Clolinger to Appear Pro Hac Vice on behalf of Plaintiffs Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35471759) filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Attachments: #1 Proposed Order) (Patil, Chetan) Modified on 6/13/2023 (smom). |
| Filing 10 ***STRICKEN*** per Docket No. 35: NOTICE OF LODGING filed re APPLICATION of Non-Resident Attorney Daniel J. Broxup to Appear Pro Hac Vice on behalf of Plaintiffs Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35471601) #9 (Attachments: #1 Proposed Order Proposed Order Granting Broxup Pro Hac Vice Application)(Patil, Chetan) Modified on 6/13/2023 (smom). |
| Filing 9 ***STRICKEN*** per Docket No. 35: APPLICATION of Non-Resident Attorney Daniel J. Broxup to Appear Pro Hac Vice on behalf of Plaintiffs Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35471601) filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. Application set for hearing on 6/12/2023 at 03:00 PM before Judge Michael W. Fitzgerald. (Patil, Chetan) Modified on 6/13/2023 (smom). |
| Filing 8 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (sh) |
| Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Daniel J. Broxup. 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. (sh) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Jacqueline Chooljian. (sh) |
| Filing 3 EX PARTE APPLICATION for Temporary Restraining Order as to HAF Corporation and HAF Industries filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. Ex Parte Application set for hearing on 6/12/2023 at 03:00 PM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Memorandum Memorandum In Support, #2 Declaration Declaration of Duane Vander Ark, #3 Declaration Declaration of Lorraine J. Vander Ark, #4 Proposed Order) (Patil, Chetan) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Patil, Chetan) |
| Filing 1 COMPLAINT Receipt No: ACACDC-35470306 - Fee: $402, filed by Plaintiff Lorraine J. Vander Ark Trust, Lorraine J. Vander Ark. (Attorney Chetan Patil added to party Lorraine J. Vander Ark Trust(pty:pla), Attorney Chetan Patil added to party Lorraine J. Vander Ark(pty:pla))(Patil, Chetan) |
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