Eitan Harod et al v. Onaxis Franchising Group LLC
| Eitan Harod and Harod Ventures LLC |
| Onaxis Franchising Group LLC |
| 2:2023cv08878 |
| October 21, 2023 |
| US District Court for the Central District of California |
| Stephanie S Christensen |
| Sherilyn Peace Garnett |
| R Gary Klausner |
| Alicia G Rosenberg |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| None |
Docket Report
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This docket was last retrieved on December 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 21 NOTICE OF MOTION AND MOTION to Dismiss Case , Transfer, or Stay Plaintiffs' Action filed by Defendant Onaxis Franchising Group LLC. Motion set for hearing on 2/7/2024 at 01:30 PM before Judge Sherilyn Peace Garnett. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1 to Request for Judicial Notice, #3 Exhibit 2 to Request for Judicial Notice, #4 Exhibit 3 to Request for Judicial Notice, #5 Exhibit 4 to Request for Judicial Notice, #6 Exhibit 5 to Request for Judicial Notice, #7 Exhibit 6 to Request for Judicial Notice, #8 Proposed Order in Support of Motion to Dismiss) (Weldon, Elizabeth) |
Filing 20
(IN CHAMBERS) ORDER by Judge Sherilyn Peace Garnett. The Court is in receipt of the parties Joint Stipulation to Temporarily Stay Proceedings [ECF No. 19], pursuant to which the parties stipulate and request that the Court stay the proceedings in this case pending resolution of Plaintiffs Motions to Dismiss and Defendants Motion for Preliminary Injunction filed in OnAxis Franchising Group, LLC v. Eitan Harod and Harod Ventures, LLC (No. 1:23-cv-04835-MHC), an earlier filed Georgia district court case that, according to the parties, involves the same parties and similar legal issues. The parties further request that this Court stay this matter not only through the resolution of the pending motions, but also through the time it will take to seek review in the Georgia case and exhaust appellate review. The Court DENIES the parties stipulation, which effectively amounts to a request to allow the case to remain inactive on the Courts docket for an indefinite and likely lengthy period of time, contrary to the Courts duty to hear matters before it and dispose promptly of the business of the Court. If a party believes that the first-in-time rule applies to the present case and that dismissal or a brief stay is the appropriate remedy, the party should explore filing an appropriate motion before this Court or, alternatively, the parties could explore stipulating to a dismissal of the present action with an agreement, if warranted, that addresses any applicable impending limitation period.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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| Filing 19 Joint STIPULATION to Stay Case pending resolution of Plaintiffs Motions to Dismiss and Defendants Motion for Preliminary Injunction in the Georgia Action filed by Defendant Onaxis Franchising Group LLC. (Attachments: #1 Declaration of Elizabeth M. Weldon In Support of Stipulation to Temporarily Stay Proceedings, #2 Exhibit 1 to Declaration of Elizabeth M. Weldon In Support of Stipulation to Temporarily Stay Proceedings, #3 Proposed Order in Support of Joint Stipulation to Temporarily Stay Proceedings)(Weldon, Elizabeth) |
| Filing 18 Corporate Disclosure Statement and NOTICE of Interested Parties filed by Defendant Onaxis Franchising Group LLC, (Weldon, Elizabeth) |
| Filing 17 STIPULATION Extending Time to Answer the complaint as to Onaxis Franchising Group LLC answer now due 12/15/2023, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Onaxis Franchising Group LLC.(Attorney Elizabeth M Weldon added to party Onaxis Franchising Group LLC(pty:dft))(Weldon, Elizabeth) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Eitan Harod, Harod Ventures LLC, upon Defendant Service of the Summons and Complaint were executed upon DFPI Employee Stan Daviega as agent for Onaxis in compliance with Federal Rules of Civil Procedure by personal service (Ghilezan, Rares) |
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Filing 15
ORDER IN RESPONSE TO NOTICE TO FILER OF DEFICIENCES IN FILED DOCUMENTS RE: Service of Summons and Complaint Returned Executed (21 days) #12 by Judge Sherilyn Peace Garnett. The document is stricken. For reasons stated in the Notice of Deficiencies filed at ECF No. #12 the Proof of Service is stricken. (lom)
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Filing 14
STANDING ORDER FOR NEWLY ASSIGNED CIVIL CASES by Judge Sherilyn Peace Garnett.READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to United States District Judge Sherilyn Peace Garnett. (iv)
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| Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Proof of Service #12 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. Case number and name missing. 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. (iv) |
| Filing 12 STRICKEN, see docket entry no. 15 - PROOF OF SERVICE Executed by Plaintiff Eitan Harod, Harod Ventures LLC, upon Defendant Service of the Summons and Complaint were executed upon DFPI employee Stan Daviega as agent for Onaxis in compliance with Federal Rules of Civil Procedure by personal service (Ghilezan, Rares) Modified on 10/31/2023 (lom). |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Eitan Harod, Harod Ventures LLC, upon Defendant Onaxis Franchising Group LLC served on 10/25/2023, answer due 11/15/2023. Service of the Summons and Complaint were executed upon Cynthia Wenger, of Incorp Service Inc. the agent for Onaxis in compliance with Federal Rules of Civil Procedure by personal service (Ghilezan, Rares) |
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Filing 10
ORDER TO REASSIGN CASE Pursuant to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. (identical case) by Judge Percy Anderson, Case Management and Assignment Committee Chair. Case transferred to the calendar of Judge Sherilyn Peace Garnett for all further proceedings. All discovery matters are transferred to Magistrate Judge Alicia G. Rosenberg. Case number now reads as 2:23-cv-08878 SPG(AGRx). (rn)
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| Filing 9 NOTICE of Interested Parties filed by Plaintiff Eitan Harod, Harod Ventures LLC, (Ghilezan, Rares) |
| 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 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Onaxis Franchising Group LLC. (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 R. Gary Klausner and Magistrate Judge Stephanie S. Christensen. (sh) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiffs EITAN HAROD, HAROD VENTURES, LLC. (Ghilezan, Rares) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff EITAN HAROD, HAROD VENTURES, LLC. (Ghilezan, Rares) |
| Filing 1 COMPLAINT Receipt No: ACACDC-36267855 - Fee: $402, filed by plaintiff EITAN HAROD, HAROD VENTURES, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Attorney Rares Michael Ghilezan added to party EITAN HAROD(pty:pla), Attorney Rares Michael Ghilezan added to party HAROD VENTURES, LLC(pty:pla))(Ghilezan, Rares) |
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