Marcus Brooks et al v. Warnermedia Direct LLC
| Warnermedia Direct, LLC |
| Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz and Courtney Walker |
| 2:2023cv07579 |
| September 12, 2023 |
| US District Court for the Central District of California |
| Michael R Wilner |
| George H Wu |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0001 U.S. Arbitration Act |
| None |
Docket Report
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Filing 45
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. APPLICATION of Attorney Michael W. McTigue, Jr. to Appear Pro Hac Vice on behalf of Defendant Warnermedia Direct, LLC, designating Jason D. Russell as local counsel GRANTED.; granting #44 Non-Resident Attorney Michael W. McTigue, Jr. (aco)
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| Filing 44 APPLICATION of Non-Resident Attorney Michael W. McTigue, Jr. to Appear Pro Hac Vice on behalf of Defendant Warnermedia Direct, LLC (Pro Hac Vice Fee - $500 Previously Paid on 11/6/2023, Receipt No. ACACDC-36361817) filed by Respondent Warnermedia Direct, LLC. (Attachments: #1 Proposed Order) (Russell, Jason) |
| Filing 43 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Michael W. McTigue, Jr. to Appear Pro Hac Vice on behalf of Defendant Warnermedia Direct, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36361817) #42 . The following error(s) was/were found: Proposed Order has not been flattened and is causing a corruption with the filing. (lt) |
| Filing 42 APPLICATION of Non-Resident Attorney Michael W. McTigue, Jr. to Appear Pro Hac Vice on behalf of Defendant Warnermedia Direct, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36361817) filed by Respondent Warnermedia Direct, LLC. (Attachments: #1 Proposed Order) (Russell, Jason) |
| Filing 41 NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of New York - Respondent's Notice Of Motion And Motion To Transfer; and Memorandum Of Points And Authorities In Support Thereof filed by Respondent Warnermedia Direct, LLC. Motion set for hearing on 12/4/2023 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration of Jason D. Russell and Exhibits 1-11, #2 Proposed Order) (Russell, Jason) |
| Filing 40 MINUTES IN CHAMBERS - RESPONDENT'S EX PARTE APPLICATION TO CONTINUE NOVEMBER 6, 2023 HEARING TO DECEMBER 14, 2023 AND ENTER BRIEFING SCHEDULE #36 by Judge George H. Wu. Respondent's Ex Parte Application #36 is GRANTED as follows: Petition to Compel Arbitration; Opposition: Due November 20, 2023; Reply: Due November 30, 2023; Hearing: December 14, 2023 at 8:30 a.m. Motion to Transfer Venue; Motion: Due November 6, 2023 Opposition: Due November 13, 2023; Reply: Due November 20, 2023; Hearing: December 4, 2023 at 8:30 a.m.; granting #36 EX PARTE APPLICATION to Continue Hearing. (aco) |
| Filing 39 Opposition re: EX PARTE APPLICATION to Continue Hearing from November 6, 2023 to December 14, 2023 And Enter Briefing Schedule #36 filed by Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. (Attachments: #1 Declaration of Patrick Huber with Exhibits A-D)(Huber, Patrick) |
| Filing 38 PROOF OF SERVICE filed by Respondent Warnermedia Direct, LLC, re Certificate/Notice of Interested Parties #37 , EX PARTE APPLICATION to Continue Hearing from November 6, 2023 to December 14, 2023 And Enter Briefing Schedule #36 served on October 10, 2023 via Facsimile. (Russell, Jason) |
| Filing 37 Certification And NOTICE of Interested Parties filed by Respondent Warnermedia Direct, LLC, (Russell, Jason) |
| Filing 36 EX PARTE APPLICATION to Continue Hearing from November 6, 2023 to December 14, 2023 And Enter Briefing Schedule filed by Respondent Warnermedia Direct, LLC. (Attachments: #1 Declaration of Jason D. Russell and Exhibits 1 - 5, #2 Proposed Order) (Attorney Jason D. Russell added to party Warnermedia Direct, LLC(pty:dft)) (Russell, Jason) |
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Filing 35
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. APPLICATION of Attorney Albert Pak to Appear Pro Hac Vice on behalf of Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker, designating Jae K. Kim as local counsel GRANTED.; granting #27 Non-Resident Attorney Albert Pak. (aco)
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Filing 34
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. APPLICATION of Attorney Patrick A. Huber to Appear Pro Hac Vice on behalf of Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker, designating Jae K. Kim as local counsel GRANTED.; granting #26 Non-Resident Attorney Patrick A. Huber. (aco)
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| Filing 33 PROOF OF SERVICE filed by Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker, re Declaration, #30 , Declaration,,,,, #14 , Declaration #31 , Memorandum of Points and Authorities in Support, #13 , Declaration, #29 , Declaration #32 , Declaration #28 served on September 26, 2023. (Postman, Warren) |
| Filing 32 DECLARATION of Courtney Walker re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Courtney Walker. (Postman, Warren) |
| Filing 31 DECLARATION of Candida Ortiz re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Candida Ortiz. (Postman, Warren) |
| Filing 30 DECLARATION of Rodrigo Maldonado re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Rodrigo Maldonado. (Postman, Warren) |
| Filing 29 DECLARATION of Katharine (Rose) Guzenski re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Katharine Guzenski. (Postman, Warren) |
| Filing 28 DECLARATION of Marcus Brooks re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Marcus Brooks. (Postman, Warren) |
| Filing 27 APPLICATION of Non-Resident Attorney Albert Pak to Appear Pro Hac Vice on behalf of Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36110112) filed by Plaintiff Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Kim, Jae) |
| Filing 26 APPLICATION of Non-Resident Attorney Patrick A. Huber to Appear Pro Hac Vice on behalf of Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. BCACDC-36109720) filed by Plaintiff Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Attorney Jae Kook Kim added to party Marcus Brooks(pty:pet), Attorney Jae Kook Kim added to party Katharine Guzenski(pty:pet), Attorney Jae Kook Kim added to party Rodrigo Maldonado(pty:pet), Attorney Jae Kook Kim added to party Candida Ortiz(pty:pet), Attorney Jae Kook Kim added to party Courtney Walker(pty:pet)) (Kim, Jae) |
| Filing 25 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Declaration #18 , Declaration, #16 , Declaration #15 , Declaration #19 by Judge George H. Wu. Docket Numbers 15, 16, 17, 18 and 19 are stricken for the reason(s) stated in the Notices [20, 21, 22, 23, 24] filed on September 26, 2023. Counsel are to refile the Declarations with a title page that includes the case title and the case number. (aco) |
| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Declaration #19 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. 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. (aco) |
| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Declaration #18 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. 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. (aco) |
| Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Declaration, #17 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. 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. (aco) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Declaration, #16 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. 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. (aco) |
| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Declaration #15 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. 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. (aco) |
| Filing 19 [DOCUMENT STRICKEN PER ORDER ON 09/26/2023, SEE DOCKET NO. 25] DECLARATION of Courtney Walker re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Courtney Walker. (Postman, Warren) Modified on 9/26/2023 (aco). |
| Filing 18 [DOCUMENT STRICKEN PER ORDER ON 09/26/2023, SEE DOCKET NO. 25] DECLARATION of Candida Ortiz re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Candida Ortiz. (Postman, Warren) Modified on 9/26/2023 (aco). |
| Filing 17 [DOCUMENT STRICKEN PER ORDER ON 09/26/2023, SEE DOCKET NO. 25] DECLARATION of Rodrigo Maldonado re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Rodrigo Maldonado. (Postman, Warren) Modified on 9/26/2023 (aco). |
| Filing 16 [DOCUMENT STRICKEN PER ORDER ON 09/26/2023, SEE DOCKET NO. 25] DECLARATION of Katharine (Rose) Guzenski re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Katharine Guzenski. (Postman, Warren) Modified on 9/26/2023 (aco). |
| Filing 15 [DOCUMENT STRICKEN PER ORDER ON 09/26/2023, SEE DOCKET NO. 25] DECLARATION of Marcus Brooks re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Marcus Brooks. (Postman, Warren) Modified on 9/26/2023 (aco). |
| Filing 14 DECLARATION of Patrick A. Huber re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. (Attachments: #1 Exhibit A - HBO Max Terms of Use (Effective Apr. 29, 2020), #2 Exhibit B - HBO Max Terms of Use (Effective Oct. 19, 2021), #3 Exhibit C - HBO Max Terms of Use (Effective Nov. 1, 2022), #4 Exhibit D - HBO Max Terms of Use (Effective Dec. 20, 2022), #5 Exhibit E - MAX Terms of Use (Effective May 23, 2023), #6 Exhibit F - Notice of Dispute (Brooks), #7 Exhibit G - Notice of Dispute (Guzenski), #8 Exhibit H - Notice of Dispute (Maldonado), #9 Exhibit I - Notice of Dispute (Ortiz), #10 Exhibit J - Notice of Dispute (Walker), #11 Exhibit K - Arbitration Demand Against WarnerMedia (Brooks), #12 Exhibit L - Arbitration Demand Against WarnerMedia (Guzenski), #13 Exhibit M - Arbitration Demand Against WarnerMedia (Maldonado), #14 Exhibit N - Arbitration Demand Against WarnerMedia (Ortiz), #15 Exhibit O - Arbitration Demand Against WarnerMedia (Walker), #16 Exhibit P - July 19, 2023 WarnerMedia Letter, #17 Exhibit Q - July 20, 2023 P. Huber Email, #18 Exhibit R - August 11, 2023 AAA Letter, #19 Exhibit S - AAA Consumer Rules, #20 Exhibit T - 113 S.B. 707)(Postman, Warren) |
| Filing 13 MEMORANDUM of Points and Authorities in Support filed by Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. In Support of Petition to Compel Arbitration #1 Re: Petition (Attorney Civil Case Opening),,, #1 (Attachments: #1 Proposed Order)(Postman, Warren) |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by Petitioner Candida Ortiz, Marcus Brooks, Rodrigo Maldonado, Katharine Guzenski, Courtney Walker. upon Warnermedia Direct, LLC waiver sent by Plaintiff on 9/18/2023, answer due 11/17/2023. Waiver of Service signed by Michael McTigue, Jr.. (Postman, Warren) |
| Filing 11 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The Court sets a hearing on PETITIONERS PETITION TO COMPEL ARBITRATION for 11/6/2023 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 10 21 DAY Summons Issued re Petition (Attorney Civil Case Opening), #1 as to Defendant Warnermedia Direct, LLC. (aco) |
| Filing 9 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Petition (Attorney Civil Case Opening),,, #1 filed by Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. (Postman, Warren) |
| Filing 8 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #3 . The following error(s) was found: The date and signature line must be left blank. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (sh) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Michael R. Wilner. (sh) |
| Filing 4 CERTIFICATE of Interested Parties filed by Petitioner Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker, (Postman, Warren) |
| Filing 3 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Petition (Attorney Civil Case Opening),,, #1 filed by Petitioner Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. (Postman, Warren) |
| Filing 2 CIVIL COVER SHEET filed by Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. (Postman, Warren) |
| Filing 1 PETITION Receipt No: ACACDC-36024511 - Fee: $402, filed by Petitioner Candida Ortiz, Marcus Brooks, Rodrigo Maldonado, Katharine Guzenski, Courtney Walker. (Attachments: #1 Ex. A - HBO Max Terms of Use (Effective Apr. 29, 2020), #2 Ex. B - HBO Max Terms of Use (Effective Oct. 19, 2021), #3 Ex. C - HBO Max Terms of Use (Effective Nov. 1, 2022), #4 Ex. D - July 19, 2023 WarnerMedia Letter, #5 Ex. E - July 20, 2023 Email from P. Huber, #6 Ex. F - August 11, 2023 AAA Letter) (Attorney Warren D Postman added to party Marcus Brooks(pty:pet), Attorney Warren D Postman added to party Katharine Guzenski(pty:pet), Attorney Warren D Postman added to party Rodrigo Maldonado(pty:pet), Attorney Warren D Postman added to party Candida Ortiz(pty:pet), Attorney Warren D Postman added to party Courtney Walker(pty:pet))(Postman, Warren) |
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