Solarcity Corporation v. Pure Solar Co. et al
Solarcity Corporation |
Pure Solar Co, Ahmad Jamal Karmouta, Pure Solar Co., Jamal Karmouta, Devonte Berryman and Kevin Hitti |
Mark Lemke |
5:2016cv01814 |
August 23, 2016 |
US District Court for the Central District of California |
David T Bristow |
Terry J Hatter |
Beverly Reid O'Connell |
Racketeer/Corrupt Organization |
18 U.S.C. § 1962 Racketeering (RICO) Act |
Plaintiff |
Docket Report
This docket was last retrieved on April 16, 2019. A more recent docket listing may be available from PACER.
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Filing 74 Notice of Appearance or Withdrawal of Counsel: for attorney Ronald D Arena counsel for Plaintiff Solarcity Corporation. Kathryn M. Weeks 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 Ronald D. Arena. (Arena, Ronald) |
Filing 73 NOTICE of Change of address by Ronald D Arena attorney for Plaintiff Solarcity Corporation. Changing attorneys address to 220 Montgomery Street, Suite 905, San Francisco, CA 94104. Filed by Plaintiff Solarcity Corporation. (Arena, Ronald) |
Filing 72 (Mack, Conor) |
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Filing 69 STIPULATION for Permanent Injunction as to All Defendants filed by Plaintiff Solarcity Corporation. (Attachments: #1 Proposed Order)(Mack, Conor) |
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Filing 67 STIPULATION to Amend Order, #66 filed by Plaintiff Solarcity Corporation. (Attachments: #1 Proposed Order)(Mack, Conor) |
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Filing 65 STIPULATION to Amend Minutes of In Chambers Order/Directive - no proceeding held,,, Terminate Deadlines and Hearings,, #64 filed by Plaintiff Solarcity Corporation. (Attachments: #1 Proposed Order)(Arena, Ronald) |
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Filing 63 MEDIATION REPORT Filed by Mediator (ADR Panel) Mark Lemke: Mediation held on November 30, 2017, and the case has been completely settled. With the filing of this Report, the parties are advised that they must notify the trial judge's deputy courtroom clerk of the fact of settlement and to promptly file documents regarding the final disposition of the case. Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Killefer, Gail) |
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Filing 61 MINUTE IN CHAMBERS NEW CASE BEFORE JUDGE HATTER by Judge Terry J. Hatter, Jr:This action has been assigned to the calendar of the HONORABLE TERRY J. HATTER, JR., United States District Judge. Please include the initials TJH in all documents pertaining to this case, as documents are routed using the judges initials, it is imperative that the correct initials TJH be used on all subsequent filings to prevent any delays in the processing of documents.Judge Hatter's Courtroom Deputy Clerk is Yolanda Skipper. She can be reached at (213) 894-5276. Counsel shall not attempt to contact the Court or its chambersstaff by telephone or by any other ex parte means, although counsel may contact the Courtroom Deputy, Yolanda Skipper, at: yolanda_skipper@cacd.uscourts.gov, with appropriate inquiries. Judge Hatters courtroom is located on the 9th Floor, at 350 W. 1st Street, United States Courthouse, Courtroom No. 9B.Additional information about Judge Hatters procedures and schedules can be found on the courts website at www.cacd.uscourts.gov. Counsel for Plaintiff shall immediately serve the complaint in accordance with Fed. R. Civ. P. 4 on all parties, including this Order on any new parties to the action and file the proofs of service pursuant to Local Rule 5-3.1 with the Court. See order for further details. (shb) |
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Filing 59 STIPULATION to Continue Trial Date and related deadlines from 02/27/2018 to 05/29/2018 Re: Pretrial-Trial Scheduling Order - form only,, #54 filed by Plaintiff Solarcity Corporation. (Attachments: #1 Proposed Order)(Arena, Ronald) |
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Filing 57 Amended Certification and NOTICE of Interested Parties filed by Plaintiff Solarcity Corporation, identifying Tesla, Inc.. (Arena, Ronald) |
Filing 56 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Mark Lemke has been assigned to serve as Panel Mediator. (mb) |
Filing 55 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Mark A. Lemke may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 10/18/2017 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiff Solarcity Corporation(Arena, Ronald) |
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Filing 51 SCHEDULING NOTICE by Judge Beverly Reid O'Connell. The Scheduling Conference currently set for 5/8/2017 is hereby VACATED. No appearances are necessary. An order will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jloz) TEXT ONLY ENTRY |
Filing 50 STIPULATION to Continue Scheduling Conference from May 8, 2017 at 1:30pm to May 22, 2017 at 1:30pm Re: Order, Set/Reset Deadlines/Hearings #43 filed by Defendant Devonte Berryman, Kevin Hitti, Ahmad Jamal Karmouta, Pure Solar Co.. (Attachments: #1 Proposed Order to Continue Scheduling Conference)(Fleck, David) |
Filing 49 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 days, filed by Plaintiff Solarcity Corporation.. (Arena, Ronald) |
Filing 48 SCHEDULING NOTICE by Judge Beverly Reid O'Connell. The Order to Show Cause #38 is hereby discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jloz) TEXT ONLY ENTRY |
Filing 47 DECLARATION of Ronald D. Arena re Order to Show Cause #38 filed by Plaintiff Solarcity Corporation. (Arena, Ronald) |
Filing 46 DECLARATION of David L. Fleck re Order to Show Cause #38 RE: DISMISSAL FOR LACK OF PROSECUTION filed by Defendant Pure Solar Co.. (Fleck, David) |
Filing 45 NOTICE of Interested Parties filed by Defendant Pure Solar Co.. (Fleck, David) |
Filing 44 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint filed by Defendant Pure Solar Co #39 , Answer to Complaint filed by Defendant Ahmad Jamal Karmouta #40 , Answer to Complaint filed by Defendant Kevin Hitti #41 , and Answer to Complaint filed by Defendant Devonte Berryman #42 ,. The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (jp) |
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Filing 42 ANSWER to Amended Complaint/Petition #28 with JURY DEMAND filed by Defendant Devonte Berryman.(Fleck, David) |
Filing 41 ANSWER to Amended Complaint/Petition #28 with JURY DEMAND filed by Defendant Kevin Hitti.(Fleck, David) |
Filing 40 ANSWER to Amended Complaint/Petition #28 with JURY DEMAND filed by Defendant Ahmad Jamal Karmouta.(Fleck, David) |
Filing 39 ANSWER to Amended Complaint/Petition #28 with JURY DEMAND filed by Defendant Pure Solar Co..(Fleck, David) |
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Filing 37 MINUTES (IN CHAMBERS) by Judge Beverly Reid O'Connell: Defendants' Motion to Dismiss is GRANTED in part and DENIED in part. Specifically, Karmouta and Pure Solar are DISMISSED without prejudice from Plaintiff's (1) RICO claim, and, (2) UCL claim, and Plaintiff cannot proceed on a conspiracy theory against Karmouta or Pure Solar. In addition, Plaintiff's CFAA claim against Karmouta is DISMISSED without prejudice. The Court DENIES Defendants' Motion as to the remaining claims. Plaintiff is ORDERED to file a Second Amended Complaint, if any, no later than Friday, January 13, 2017, by 4:00 p.m. #31 (rfi) |
Filing 36 SCHEDULING NOTICE by Judge Beverly Reid O'Connell. ORDER VACATING HEARING. The Court has pending, DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT PURSUANT TO F.R.C.P. 12(b)(6) for FAILURE TO STATE A CAUSE OF ACTION AND LACK OF SUBJECT MATTER JURISDICTION (filed 11/4/2016) #31 . The Court concludes that the matter is appropriate for resolution without the argument of counsel. Accordingly, the hearing previously scheduled for Monday, December 19, 2016 at 1:30 p.m., is hereby VACATED. Fed. R. Civ. P. 78; C.D. Cal. R. 7-15. IT IS SO ORDERED THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
Filing 35 REPLY NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) #31 filed by Defendant Pure Solar Co.. (Fleck, David) |
Filing 34 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) #31 filed by Plaintiff Solarcity Corporation. (Arena, Ronald) |
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Filing 32 MINUTES OF MOTION HEARING held before Judge Beverly Reid O'Connell: 1)PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (Filed 8/23/16) #5 Court questions counsel as stated in court and on the record on above motion. Defendant withdraws his opposition to the motion and stipulates to the entry of the Preliminary Injunction.A written order will follow. Court Reporter: Myra Ponce. (rfi) |
Filing 31 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) filed by Defendant Pure Solar Co.. Motion set for hearing on 12/19/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Fleck, David) |
Filing 30 NOTICE TO PARTIES by District Judge Beverly Reid O'Connell. Effective October 31, 2016, Judge O'Connell will be located at the 1st Street Courthouse, COURTROOM 7C on the 7th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 7C of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
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Filing 28 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Solarcity Corporation(Arena, Ronald) |
Filing 27 STIPULATION to Continue Hearing re. NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoin Defendants From Destruction of Evidence and Preservation of Evidence from October 18, 2016, 10:00 a.m. to November 7, 2016, 1:30 p.m. Re: Text Only Scheduling Notice, 26 filed by Defendant Pure Solar Co.. (Attachments: #1 Proposed Order)(Fleck, David) |
Filing 26 SCHEDULING NOTICE by Judge Beverly Reid O'Connell re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoin Defendants From Destruction of Evidence and Preservation of Evidence. Motion #5 The Court, on its own motion, continues the hearing in this matter to Tuesday, 10/18/2016 at 10:00 AM before Judge Beverly Reid O'Connell. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
Filing 25 Second STIPULATION Extending Time to Answer the complaint as to All Defendants, re Stipulation Extending Time to Answer (30 days or less) #21 filed by Defendant Pure Solar Co..(Fleck, David) |
Filing 24 REPLY Amended NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoin Defendants From Destruction of Evidence and Preservation of Evidence . Motion #9 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoin Defendants From Destruction of Evidence and Preservation of Evidence. Motion #5 Reply Memorandum in Support of Motion, filed by Plaintiff Solarcity Corporation. (Arena, Ronald) |
Filing 23 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoin Defendants From Destruction of Evidence and Preservation of Evidence. Motion #5 filed by Defendant Pure Solar Co.. (Attachments: #1 Proposed Order)(Fleck, David) |
Filing 22 NOTICE of Appearance filed by attorney David L Fleck on behalf of Defendants Devonte Berryman, Kevin Hitti, Ahmad Jamal Karmouta, Pure Solar Co. (Attorney David L Fleck added to party Devonte Berryman(pty:dft), Attorney David L Fleck added to party Kevin Hitti(pty:dft), Attorney David L Fleck added to party Ahmad Jamal Karmouta(pty:dft))(Fleck, David) |
Filing 21 STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Pure Solar Co..(Attorney David L Fleck added to party Pure Solar Co.(pty:dft))(Fleck, David) |
Filing 20 PROOF OF SERVICE filed by Plaintiff Solarcity Corporation, re Amended NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoin Defendants From Destruction of Evidence and Preservation of Evidence . Motion #9 , Certificate/Notice of Interested Parties #4 , Summons Issued (Attorney Civil Case Opening) #8 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #7 , Notice of Assignment to United States Judges(CV-18) - optional html form #6 , Initial Order upon Filing of Complaint - form only #10 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoin Defendants From Destruction of Evidence and Preservation of Evidence. Motion #5 , Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 , served on Devonte Berryman, served on 08/28/2016. (Arena, Ronald) |
Filing 19 PROOF OF SERVICE filed by Plaintiff Solarcity Corporation, re Amended NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoin Defendants From Destruction of Evidence and Preservation of Evidence . Motion #9 , Certificate/Notice of Interested Parties #4 , Summons Issued (Attorney Civil Case Opening) #8 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #7 , Notice of Assignment to United States Judges(CV-18) - optional html form #6 , Initial Order upon Filing of Complaint - form only #10 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoin Defendants From Destruction of Evidence and Preservation of Evidence. Motion #5 , Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 , served on Kevin Hitti, served on 08/25/2016. (Arena, Ronald) |
Filing 18 PROOF OF SERVICE filed by Plaintiff Solarcity Corporation, re Amended NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoin Defendants From Destruction of Evidence and Preservation of Evidence . Motion #9 , Certificate/Notice of Interested Parties #4 , Summons Issued (Attorney Civil Case Opening) #8 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #7 , Notice of Assignment to United States Judges(CV-18) - optional html form #6 , Initial Order upon Filing of Complaint - form only #10 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoin Defendants From Destruction of Evidence and Preservation of Evidence. Motion #5 , Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 , served on Ahmad Jamal Karmouta, served on 08/25/2016. (Arena, Ronald) |
Filing 17 PROOF OF SERVICE filed by Plaintiff Solarcity Corporation, re Amended NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoin Defendants From Destruction of Evidence and Preservation of Evidence . Motion #9 , Certificate/Notice of Interested Parties #4 , Summons Issued (Attorney Civil Case Opening) #8 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #7 , Notice of Assignment to United States Judges(CV-18) - optional html form #6 , Initial Order upon Filing of Complaint - form only #10 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoin Defendants From Destruction of Evidence and Preservation of Evidence. Motion #5 , Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 , served on Pure Solar Co., served on 08/29/2016. (Arena, Ronald) |
Filing 16 PROOF OF SERVICE Executed by Plaintiff Solarcity Corporation, upon Defendant Devonte Berryman served on 8/28/2016, answer due 9/19/2016. Service of the Summons and Complaint were executed upon Sharon Berryman, adult relative of Devonte Berryman in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Arena, Ronald) |
Filing 15 PROOF OF SERVICE Executed by Plaintiff Solarcity Corporation, upon Defendant Kevin Hitti served on 8/25/2016, answer due 9/15/2016. Service of the Summons and Complaint were executed upon Kevin Hitti in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Arena, Ronald) |
Filing 14 PROOF OF SERVICE Executed by Plaintiff Solarcity Corporation, upon Defendant Ahmad Jamal Karmouta served on 8/25/2016, answer due 9/15/2016. Service of the Summons and Complaint were executed upon Ahmad Jamal Karmouta (aka Jamal Karmouta) in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Arena, Ronald) |
Filing 13 PROOF OF SERVICE Executed by Plaintiff Solarcity Corporation, upon Defendant Pure Solar Co. served on 8/29/2016, answer due 9/19/2016. Service of the Summons and Complaint were executed upon Chris Herrin, Paralegal for Sam Nordean, Registered Agent for Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Arena, Ronald) |
Filing 12 NOTICE filed by Plaintiff Solarcity Corporation. Plainitff's Notice of Intent to Proceed With Its Motion As A Noticed Motion For Preliminary Injunction. (Arena, Ronald) |
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Filing 9 AMENDED NOTICE HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION #5 filed by Plaintiff Solarcity Corporation. Motion set for hearing on 10/17/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Arena, Ronald) Modified on 8/25/2016 (ah). |
Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Devonte Berryman, Kevin Hitti, Ahmad Jamal Karmouta, Pure Solar Co.. (ghap) |
Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
Filing 6 NOTICE OF ASSIGNMENT to District Judge Beverly Reid OConnell and Magistrate Judge David T. Bristow. (ghap) |
Filing 5 NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoin Defendants From Destruction of Evidence and Preservation of Evidence. Motion filed by Plaintiff Solarcity Corporation. Motion set for hearing on 10/17/2016 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Memorandum MPA in Support of Motion, #2 Declaration Ronald Arena, #3 Declaration Juan Aguayo, #4 Exhibit Exhibits A-M to Dec of Juan Aguayo, #5 Declaration Kim Berger, #6 Exhibit Exhibits N-Q to Dec of Kim Berger, #7 Declaration Ryan Atkinson, #8 Proposed Order Proposed Order) (Arena, Ronald) |
Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff Solarcity Corporation, (Arena, Ronald) |
Filing 3 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Solarcity Corporation. (Arena, Ronald) |
Filing 2 CIVIL COVER SHEET filed by Plaintiff Solarcity Corporation. (Arena, Ronald) |
Filing 1 COMPLAINT Receipt No: 0973-18422507 - Fee: $400, filed by Plaintiff Solarcity Corporation. (Attorney Ronald D Arena added to party Solarcity Corporation(pty:pla))(Arena, Ronald) |
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