Federal Trade Commission v. Dave, Inc.
| United States of America |
| Dave, Inc. and Jason Wilk |
| 2:2024cv09566 |
| November 5, 2024 |
| US District Court for the Central District of California |
| Monica Ramirez Almadani |
| Alicia G Rosenberg |
| Other Statutory Actions |
| 15 U.S.C. § 0045 Federal Trade Commission Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 30, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 44 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 JURY DEMAND, filed by plaintiff United States of America(Attorney Sean Saper added to party United States of America(pty:pla))(Saper, Sean) |
| Filing 43 STIPULATION Extending Time to Answer the complaint as to Dave, Inc. answer now due 1/21/2025, filed by Plaintiff Federal Trade Commission.(Heald, Julia) |
| Filing 42 Notice of Appearance or Withdrawal of Counsel: for attorney Derek Evan Wetmore counsel for Defendant Dave, Inc.. Adding Derek E. Wetmore as counsel of record for Dave Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Dave Inc.. (Attorney Derek Evan Wetmore added to party Dave, Inc.(pty:dft))(Wetmore, Derek) |
Filing 41
ORDER by Judge Monica Ramirez Almadani: granting #27 Non-Resident Attorney Allyson B. Baker APPLICATION to Appear Pro Hac Vice on behalf of defendant Dave, Inc., designating James M. Pearl as local counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY (ak)
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| Filing 40 NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Notice of Appearance #38 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G-123.. Incomplete case number. 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. (ak) |
| Filing 39 Notice of Appearance or Withdrawal of Counsel: for attorney Carla Lyn Cheung counsel for Plaintiff Federal Trade Commission. Carla L. Cheung is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Federal Trade Commission. (Cheung, Carla) |
| Filing 38 NOTICE of Appearance filed by attorney David Louis Hankin on behalf of Plaintiff Federal Trade Commission (Attorney David Louis Hankin added to party Federal Trade Commission(pty:pla))(Hankin, David) |
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Filing 37
MINUTE ORDER (IN CHAMBERS) ORDER DENYING DEFENDANTS REQUEST FOR CONTINUED SEALING OF UNREDACTED COMPLAINT AND UNSEALING UNREDACTED COMPLAINT by Judge Monica Ramirez Almadani. Before the Court are Defendant Dave, Inc.'s ("Defendant" or "Dave") sealed Declaration in support of continued sealing, Plaintiff's sealed Response in Opposition to continued sealing, and a sealed, unredacted copy of the Complaint. ECF 17, 23, 24. The Court has read and considered the parties' briefing and the unredacted copy of the Complaint. For the foregoing reasons, the Court finds that Dave has not met its burden of presenting specific facts substantiating that the redacted portions of the Complaint would harm its competitive standing. Without any compelling reasons for continued sealing, the strong presumption of public access prevails. The Court DENIES Defendant's request for continued sealing and ORDERS the Clerk to unseal the unredacted copy of the Complaint at ECF #24 . (lom)
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Filing 36
ORDER by Judge Monica Ramirez Almadani: granting #35 Non-Resident Attorney Margaret E Shields APPLICATION to Appear Pro Hac Vice on behalf of Dave, Inc., designating James Michael Pearl as local counsel. (lom)
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| Filing 35 APPLICATION of Non-Resident Attorney Margaret E. Shields to Appear Pro Hac Vice on behalf of Defendant Dave, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38683657) filed by Defendant Dave, Inc.. (Attachments: #1 Proposed Order) (Pearl, James) |
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Filing 34
ORDER by Judge Monica Ramirez Almadani: granting #33 Non-Resident Attorney Meredith L. Boylan APPLICATION to Appear Pro Hac Vice on behalf of defendant Dave, Inc, designating James M. Pearl as local counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY (ak)
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| Filing 33 APPLICATION of Non-Resident Attorney Meredith L. Boylan to Appear Pro Hac Vice on behalf of Defendant Dave, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38653377) filed by Defendant Dave, Inc.. (Attachments: #1 Proposed Order) (Pearl, James) |
| Filing 32 PROOF OF SERVICE filed by Plaintiff Federal Trade Commission, re APPLICATION of Non-Resident Attorney Julia E. Heald to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) #29 served on November 22, 2024. (Cheung, Carla) |
| Filing 31 PROOF OF SERVICE filed by Plaintiff Federal Trade Commission, re APPLICATION of Non-Resident Attorney Jason A. Sanders to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) #5 , APPLICATION of Non-Resident Attorney Daniel O. Hanks to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) #4 served on November 14, 2024. (Cheung, Carla) |
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Filing 30
ORDER by Judge Monica Ramirez Almadani: granting #29 Non-Resident Attorney Julia E. Heald APPLICATION to Appear Pro Hac Vice on behalf of plaintiff Federal Trade Commission, designating Carla Cheung as local counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY (ak)
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| Filing 29 APPLICATION of Non-Resident Attorney Julia E. Heald to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order) (Cheung, Carla) |
| Filing 28 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Allyson B. Baker to Appear Pro Hac Vice on behalf of Defendant Dave, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38601426) #26 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (ak) |
| Filing 27 Amendment to APPLICATION of Non-Resident Attorney Allyson B. Baker to Appear Pro Hac Vice on behalf of Defendant Dave, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38601426) #26 filed by Defendant Dave, Inc.. (Attachments: #1 Proposed Order)(Pearl, James) |
| Filing 26 APPLICATION of Non-Resident Attorney Allyson B. Baker to Appear Pro Hac Vice on behalf of Defendant Dave, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38601426) filed by Defendant Dave, Inc.. (Attachments: #1 Proposed Order) (Pearl, James) |
| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Proof of Service (subsequent documents) #18 #19 #20 #21 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. Other error(s) with document(s): Missing attorney / filer's information - case name, number, etc. 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. (lom) |
| Filing 24 [DUPLICATE COMPLAINT] Unredacted Complaint re Order on Motion for Leave to File Document Under Seal,,,, #22 filed by Plaintiff Federal Trade Commission.(Cheung, Carla) Modified on 12/6/2024 (lom). Modified on 12/6/2024 (lom). (See docket entry no. #37 ) |
| Filing 23 SEALED OPPOSITION RE APPLICATION to file document Unredacted Complaint under seal #6 , Order on Motion for Leave to File Document Under Seal,,,, #22 filed by Plaintiff Federal Trade Commission.(Cheung, Carla) |
| Filing 21 PROOF OF SERVICE filed by Plaintiff Federal Trade Commission, re Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #13 served on November 12, 2024. (Cheung, Carla) |
| Filing 20 PROOF OF SERVICE filed by Plaintiff Federal Trade Commission, Civil Trial Order served on November 8, 2024. (Cheung, Carla) |
| Filing 19 PROOF OF SERVICE filed by Plaintiff Federal Trade Commission, re Sealed Declaration in SupportDeclaration, #7 served on November 6, 2024. (Cheung, Carla) |
| Filing 18 PROOF OF SERVICE filed by Plaintiff Federal Trade Commission, re APPLICATION to file document Unredacted Complaint under seal #6 served on November 6, 2024. (Cheung, Carla) |
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Filing 22
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS APPLICATION FOR LEAVE TO FILE UNREDACTED COMPLAINT UNDER TEMPORARY SEAL [ECF 6] by Judge Monica Ramirez Almadani. The Court GRANTS Plaintiff's request to file an unredacted copy of the Complaint in this matter under seal. Defendant filed its Ex Parte Declaration in support of the Application on November 12, 2024, prior to the Courts ruling on the Application. ECF 17. It served the Ex Parte Declaration and attached exhibits on Plaintiff via email on the same day. Id. at 8. The Court therefore DENIES AS MOOT Plaintiff's request for an order directing Defendant to file a declaration within four days of the filing of the Application and directing the seal to be lifted if no supporting filing is made. The Court, however, GRANTS Plaintiff's request to file a response. The Court ORDERS Plaintiff to file, under seal, a copy of the unredacted complaint and a response to the Ex Parte Declaration within three days of the date of this Order. See order for details. (lom) Modified on 11/15/2024 (lom).
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| Filing 17 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Unredacted Complaint under seal #6 filed by Defendant Dave, Inc.. (Attachments: #1 Exhibit A - Declaration of Grahame Fraser, #2 Exhibit B - Sealed Complaint, #3 Proposed Order)(Pearl, James) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT filed by Defendant Dave, Inc. (Pearl, James) |
| Filing 15 Notice of Appearance or Withdrawal of Counsel: for attorney James Michael Pearl counsel for Defendant Dave, Inc.. Adding James Michael Pearl as counsel of record for Dave Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Dave Inc.. (Attorney James Michael Pearl added to party Dave, Inc.(pty:dft))(Pearl, James) |
| Filing 14 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Dave, Inc. (car) |
| Filing 13 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 12 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 11 NOTICE OF ASSIGNMENT to District Judge Monica Ramirez Almadani and Magistrate Judge Alicia G. Rosenberg. (car) |
| Filing 10 PROOF OF SERVICE filed by Plaintiff Federal Trade Commission, re Waiver of Service Executed #9 served on November 7, 2024. (Cheung, Carla) |
| Filing 9 WAIVER OF SERVICE Returned Executed filed by Plaintiff Federal Trade Commission. upon Dave, Inc. waiver sent by Plaintiff on 11/5/2024, answer due 1/6/2025. Waiver of Service signed by Chris Napier. (Cheung, Carla) |
| Filing 8 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jason A. Sanders to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) #5 , APPLICATION of Non-Resident Attorney Daniel O. Hanks to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) #4 . The following error(s) was/were found: Judge not assigned to case when pro hac vice application was efiled. (ak) |
| Filing 7 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Unredacted Complaint under seal #6 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Unredacted Document)(Cheung, Carla) |
| Filing 6 APPLICATION to file document Unredacted Complaint under seal filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order, #2 Redacted Document)(Cheung, Carla) |
| Filing 5 APPLICATION of Non-Resident Attorney Jason A. Sanders to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order) (Cheung, Carla) |
| Filing 4 APPLICATION of Non-Resident Attorney Daniel O. Hanks to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order) (Cheung, Carla) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Federal Trade Commission. (Cheung, Carla) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Federal Trade Commission. (Cheung, Carla) |
| Filing 1 COMPLAINT No Fee Required - US Government, filed by Plaintiff Federal Trade Commission. (Attorney Carla Lyn Cheung added to party Federal Trade Commission(pty:pla))(Cheung, Carla) |
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