Alice Rubio et al v. Orgain, Inc.
| LaTisha Satchell and Alice Rubio |
| Orgain, Inc. |
| 5:2018cv02237 |
| October 19, 2018 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Shashi H Kewalramani |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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Filing 42
MINUTES (IN CHAMBERS) ORDER DISMISSING ACTION WITHOUT PREJUDICE by Judge Michael W. Fitzgerald. Taking all of these factors into account, dismissal for lack of prosecution is warranted. Accordingly, the action is DISMISSED without prejudice. Case Terminated. Made JS-6. (iv)
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Filing 41
MINUTES (IN CHAMBERS) ORDER RE: DEFENDANT ORGAIN, INC'S MOTION TO DISMISS #34 by Judge Michael W. Fitzgerald. The Motion is GRANTED with leave to amend. Plaintiffs may file a Second Amended Complaint on or before March 25, 2019. Orgain shall file a response to the Second Amended Complaint, if any, by April 15, 2019. (iv)
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| Filing 40 NOTICE OF FILING TRANSCRIPT filed for proceedings 02/25/2019 10:00 A.M. re Transcript #39 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY |
| Filing 39 TRANSCRIPT for proceedings held on 02/25/2019 10:00 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/22/2019. Redacted Transcript Deadline set for 4/1/2019. Release of Transcript Restriction set for 5/30/2019. (Hourigan, Terri) |
| Filing 38 TRANSCRIPT ORDER as to Plaintiffs Alice Rubio, LaTisha Satchell for Court Reporter. Court will contact Debbie Schroeder at dschroeder@bursor.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Klorczyk, Frederick) |
| Filing 37 MINUTES OF MOTION TO DISMISS COMPLAINT #23 #34 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Terri Hourigan. (iv) |
| Filing 36 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #34 filed by Defendant Orgain, Inc.. (Varma, Anurita) |
| Filing 35 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #34 filed by Plaintiffs Alice Rubio, LaTisha Satchell. (Klorczyk, Frederick) |
| Filing 34 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Orgain, Inc.. Motion set for hearing on 2/25/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Varma, Anurita) |
| Filing 33 First AMENDED COMPLAINT against Defendant Orgain, Inc. amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs Alice Rubio, LaTisha Satchell(Klorczyk, Frederick) |
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Filing 32
ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Philip L. Fraietta to Appear Pro Hac Vice on behalf of Plaintiff Alice Rubio and Latisha Satchell, designating Michael W. Brown as local counsel #31 . (iv)
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| Filing 31 Corrected APPLICATION of Non-Resident Attorney Philip L. Fraietta to Appear Pro Hac Vice on behalf of Plaintiffs Alice Rubio, LaTisha Satchell (Pro Hac Vice Fee - $400.00 Previously Paid on 12/20/2018, Receipt No. 0973-22929914) filed by Plaintiffs Alice Rubio, LaTisha Satchell. (Attachments: #1 Proposed Order) (Brown, Michael) |
| Filing 30 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION to Dismiss Case #23 . Counsel shall file the required Notice of Interested Parties no later than the close of business on 1/7/2019. Failure to do so may result in the striking of the Motion to Dismiss. (jre) |
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Filing 29
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Michael W. Fitzgerald: granting #26 Non-Resident Attorney Nick Suciu, III APPLICATION to Appear Pro Hac Vice on behalf of Alice Rubio, LaTisha Satchell, designating Michael W Brown as local counsel. (lom)
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| Filing 28 NOTICE of Interested Parties filed by Defendant Orgain, Inc., (Varma, Anurita) |
| Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss Case #23 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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 26 Corrected APPLICATION of Non-Resident Attorney Nick Suciu III to Appear Pro Hac Vice on behalf of Plaintiffs Alice Rubio, LaTisha Satchell (Pro Hac Vice Fee - $400.00 Previously Paid on 12/20/2018, Receipt No. 0973-22930034) filed by Plaintiffs Alice Rubio, LaTisha Satchell. (Attachments: #1 Proposed Order) (Brown, Michael) |
| Filing 25 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Application to Appear Pro Hac Vice #21 , #22 by Judge Michael W. Fitzgerald. The document is stricken and counsel is ordered to file an amended or corrected document by 1/14/2019. (iv) |
| Filing 24 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Philip L. Fraietta to Appear Pro Hac Vice on behalf of Plaintiffs Alice Rubio, LaTisha Satchell (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22929914) #21 ; APPLICATION of Non-Resident Attorney Nick Suciu III to Appear Pro Hac Vice on behalf of Plaintiffs Alice Rubio, LaTisha Satchell (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22930034) #22 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. Other error(s) with document(s): For non-resident attorney Nick Suciu III - State Court(s) admitted to is not listed. (lom) |
| Filing 23 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Orgain, Inc.. Motion set for hearing on 2/25/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Varma, Anurita) |
| Filing 22 ***STRICKEN*** APPLICATION of Non-Resident Attorney Nick Suciu III to Appear Pro Hac Vice on behalf of Plaintiffs Alice Rubio, LaTisha Satchell (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22930034) filed by Plaintiffs Alice Rubio, LaTisha Satchell. (Attachments: #1 Proposed Order) (Brown, Michael) Modified on 12/27/2018 Per #25 (iv). |
| Filing 21 ***STRICKEN*** APPLICATION of Non-Resident Attorney Philip L. Fraietta to Appear Pro Hac Vice on behalf of Plaintiffs Alice Rubio, LaTisha Satchell (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22929914) filed by Plaintiffs Alice Rubio, LaTisha Satchell. (Attachments: #1 Proposed Order) (Brown, Michael) Modified on 12/27/2018 Per #25 (iv). |
| Filing 20 NOTICE of Appearance filed by attorney Michael W Brown on behalf of Plaintiffs Alice Rubio, LaTisha Satchell (Attorney Michael W Brown added to party Alice Rubio(pty:pla), Attorney Michael W Brown added to party LaTisha Satchell(pty:pla))(Brown, Michael) |
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Filing 19
ORDER ON THE STIPULATION TO SET BRIEFING SCHEDULE #18 by Judge Michael W. Fitzgerald. The deadline for Defendant to file its motion to dismiss shall be December 20, 2018; Deadline for Plaintiffs to file an opposition shall be January 23, 2019; Deadline for Defendant to submit a reply shall be February 6, 2019. (iv)
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| Filing 18 STIPULATION for Extension of Time to File Briefs Concerning Defendant's Motion to Dismiss filed by Plaintiffs Alice Rubio, LaTisha Satchell. (Attachments: #1 Declaration of L. Timothy Fisher, #2 Proposed Order)(Fisher, Lawrence) |
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Filing 17
ORDER DENYING ORDER ON THE STIPULATION TO SET BRIEFING SCHEDULE #11 by Judge Michael W. Fitzgerald. DENIED BY ORDER OF THE COURT. (iv)
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| Filing 16 NOTICE of Appearance filed by attorney Anurita Singh Varma on behalf of Defendant Orgain, Inc. (Attorney Anurita Singh Varma added to party Orgain, Inc.(pty:dft))(Varma, Anurita) |
| Filing 15 NOTICE of Appearance filed by attorney William P Cole on behalf of Defendant Orgain, Inc. (Attorney William P Cole added to party Orgain, Inc.(pty:dft))(Cole, William) |
| Filing 14 NOTICE of Appearance filed by attorney Matthew R Orr on behalf of Defendant Orgain, Inc. (Attorney Matthew R Orr added to party Orgain, Inc.(pty:dft))(Orr, Matthew) |
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Filing 13
ORDER ON THE STIPULATION TO VACATE PLAINTIFFS' DEADLINE TO FILE MOTION FOR CLASS CERTIFICATION #12 by Judge Michael W. Fitzgerald. Plaintiffs' deadline to file their motion for class certification is hereby VACATED. (iv)
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| Filing 12 Joint STIPULATION to Vacate Plaintiffs' Deadline to File Motion for Class Certification filed by Plaintiffs Alice Rubio, LaTisha Satchell. (Attachments: #1 Proposed Order)(Klorczyk, Frederick) |
| Filing 11 Joint STIPULATION for Hearing re Defendant's Anticipated Motion to Dismiss filed by Plaintiffs Alice Rubio, LaTisha Satchell. (Attachments: #1 Proposed Order)(Klorczyk, Frederick) |
| Filing 10 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Alice Rubio, LaTisha Satchell. upon Orgain, Inc. waiver sent by Plaintiff on 10/29/2018, answer due 12/28/2018. Waiver of Service signed by Matthew R. Orr. (Klorczyk, Frederick) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Orgain, Inc. (iv) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Alice Rubio, LaTisha Satchell. (Klorczyk, Frederick) |
| Filing 7 NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (esa) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Shashi H. Kewalramani. (esa) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Alice Rubio, LaTisha Satchell. (Klorczyk, Frederick) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiffs Alice Rubio, LaTisha Satchell, (Klorczyk, Frederick) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Alice Rubio, LaTisha Satchell. (Klorczyk, Frederick) |
| Filing 1 COMPLAINT Receipt No: 0973-22611616 - Fee: $400, filed by Plaintiffs Alice Rubio, LaTisha Satchell. (Attorney Frederick John Klorczyk, III added to party Alice Rubio(pty:pla), Attorney Frederick John Klorczyk, III added to party LaTisha Satchell(pty:pla))(Klorczyk, Frederick) |
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