Melody Kizler et al v. Budget Finance Company et al
| Melody Kizler, Tyrone J Blake and Tyrone Blake |
| Budget Finance Company, Monroe Acceptance Company, Inc., Budget Funding I, LLC, Sheldon J. Cohn, Noah Furie, Elizabeth Tellez, Budget Mortgage Corp., Budget Capital Corporation, Buchalter, A Professional Corporation, Buchalter, APC and Does 1 to 10, inclusive |
| 5:2020cv00296 |
| February 13, 2020 |
| US District Court for the Central District of California |
| David O Carter |
| Kenly Kiya Kato |
| Banks and Banking |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 10, 2020. A more recent docket listing may be available from PACER.
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| Filing 30 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Party,,,,,, Order on Motion to Dismiss Case,, #28 #29 filed by Plaintiffs Tyrone Blake, Melody Kizler. (Attachments: #1 Declaration)(Blake, Tyrone) |
| Filing 29 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Party,,,,,, Order on Motion to Dismiss Case,, #28 filed by Plaintiffs Tyrone Blake, Melody Kizler. Motion set for hearing on 5/11/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum, #2 Declaration, #3 Declaration, #4 Proposed Order) (Blake, Tyrone) |
| Filing 28 MINUTES (IN CHAMBERS) by Judge David O. Carter: ORDER GRANTING IN PART DEFENDANTS MOTIONS TO DISMISS #8 #9 #10 . Plaintiffs may file an amended complaint removing all causes of action except the Breach of Contract claim against BFI and any amended Fraud claim against Furie or BFC on or before April 10, 2020. The parties are further ORDERED to file a joint Rule 26(f) report by April 10, 2020. The Clerk shall serve this minute order on the parties. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) |
| Filing 27 SCHEDULING NOTICE by Judge David O. Carter. The Court finds the Motions to Dismiss #8 #9 #10 appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for March 30, 2020 is removed from the calendar and the motions are taken under submission. No appearances are necessary on this date and time. The Scheduling Conference set for March 30, 2020 is vacated due to a lack of filing the Rule 26 report. The Court's order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
Filing 26
ORDER by Judge David O. Carter: Granting #25 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (twdb)
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| Filing 25 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiffs Tyrone J Blake, Melody Kizler. (twdb) |
| Filing 24 PROOF OF SERVICE filed by defendants Buchalter, APC, Budget Capital Corporation, Budget Finance Company, Budget Funding I, LLC, Budget Mortgage Corp., Sheldon J. Cohn, Noah Furie, Elizabeth Tellez, re Reply (Motion related), #20 , Objection/Opposition (Motion related),, #23 , Reply (Motion related) #21 , Request for Judicial Notice,, #22 , Reply (Motion related) #19 served on March 16, 2020 and March 17, 2020. (Goldstein, Jason) |
| Filing 23 DEFENDANTS EVIDENTIARY OBJECTIONS TO THE DECLARATION OF MELODY KIZLER support re: NOTICE OF MOTION AND MOTION to Dismiss Case #10 , NOTICE OF MOTION AND MOTION to Dismiss defendants Noah Furie, Sheldon J. Cohn, Elizabeth Tellez #8 , NOTICE OF MOTION AND MOTION to Dismiss defendants Budget Mortgage Corp., Budget Finance Company, Budget Capital Corporation, Budget Funding I, LLC #9 filed by Defendants Buchalter, APC, Budget Capital Corporation, Budget Finance Company, Budget Funding I, LLC, Budget Mortgage Corp., Sheldon J. Cohn, Elizabeth Tellez. (Goldstein, Jason) |
| Filing 22 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #10 , NOTICE OF MOTION AND MOTION to Dismiss defendants Noah Furie, Sheldon J. Cohn, Elizabeth Tellez #8 , NOTICE OF MOTION AND MOTION to Dismiss defendants Budget Mortgage Corp., Budget Finance Company, Budget Capital Corporation, Budget Funding I, LLC #9 filed by Defendants Buchalter, APC, Budget Capital Corporation, Budget Finance Company, Budget Funding I, LLC, Budget Mortgage Corp., Sheldon J. Cohn, Noah Furie, Elizabeth Tellez. (Attachments: #1 Exhibit 11)(Goldstein, Jason) |
| Filing 21 REPLY in support of a motion NOTICE OF MOTION AND MOTION to Dismiss defendants Noah Furie, Sheldon J. Cohn, Elizabeth Tellez #8 filed by Defendants Sheldon J. Cohn, Noah Furie, Elizabeth Tellez. (Goldstein, Jason) |
| Filing 20 REPLY in support of a motion NOTICE OF MOTION AND MOTION to Dismiss defendants Budget Mortgage Corp., Budget Finance Company, Budget Capital Corporation, Budget Funding I, LLC #9 filed by Defendants Budget Capital Corporation, Budget Finance Company, Budget Funding I, LLC, Budget Mortgage Corp.. (Goldstein, Jason) |
| Filing 19 REPLY in support of a motion NOTICE OF MOTION AND MOTION to Dismiss Case #10 filed by Defendant Buchalter, APC. (Goldstein, Jason) |
| Filing 18 PROOF OF SERVICE filed by Plaintiff Tyrone J Blake, Melody Kizler. The PLAINTIFF'S OPPOSITION TO DEFENDANTS BUDGET FINANCE COMPANY; BUDGET CAPITAL CORPORATION; BUDGET FUNDING I, LLC; BUDGET MORTGAGE CORP'S MOTION TO DISMISS, etc (see document for further details) served on 3/9/20. (yl) |
| Filing 17 OPPOSITION TO DEFENDANT SHELDON J. COHN NOAH FURIE AND ELIZABETH TELLEZ'S MOTION TO DISMISS PLAINTIFF'S VERIFIED COMPLAINT #10 filed by Plaintiffs Tyrone J Blake, Melody Kizler. (yl) |
| Filing 16 PLAINTIFF'S OPPOSITION TO DEFENDANTS' BUDGET FINANCE COMPANY; BUDGET CAPITAL CORPORATION; BUDGET FUNDING I, LLC; BUDGET MORTGAGE CORP's MOTION TO DISMISS PLAINTIFF'S VERIFIED COMPLAINT #10 filed by Plaintiffs Tyrone J Blake and Melody Kizler. (yl) |
| Filing 15 DECLARATION of MELODY KIZLER in Support of Plaintiff's Opposition to Defendant's Verified Complaint #10 filed by Plaintiffs Tyrone J Blake and Melody Kizler. (yl) |
| Filing 14 OPPOSITION TO DEFENDANT BUCHALTER, APC'S MOTION TO DISMISS VERIFIED COMPLAINT #10 filed by Plaintiffs Tyrone J Blake and Melody Kizler. (yl) |
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Filing 13
ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 3/30/2020 at 08:30 AM before Judge David O. Carter. (kd)
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| Filing 12 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss defendants Noah Furie, Sheldon J. Cohn, Elizabeth Tellez #8 , NOTICE OF MOTION AND MOTION to Dismiss defendants Budget Mortgage Corp., Budget Finance Company, Budget Capital Corporation, Budget Funding I, LLC #9 filed by Defendants Buchalter, APC, Budget Capital Corporation, Budget Finance Company, Budget Funding I, LLC, Budget Mortgage Corp., Sheldon J. Cohn, Noah Furie, Monroe Acceptance Company, Inc., Elizabeth Tellez. (Goldstein, Jason) |
| Filing 11 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #10 filed by Defendants Buchalter, APC, Budget Capital Corporation, Budget Finance Company, Budget Funding I, LLC, Budget Mortgage Corp., Sheldon J. Cohn, Noah Furie, Monroe Acceptance Company, Inc., Elizabeth Tellez. (Goldstein, Jason) |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Buchalter, APC, Budget Capital Corporation, Budget Finance Company, Budget Funding I, LLC, Budget Mortgage Corp., Sheldon J. Cohn, Noah Furie, Monroe Acceptance Company, Inc., Elizabeth Tellez. Motion set for hearing on 3/30/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Proposed Order Proposed Order Granting Motion to Dismiss) (Goldstein, Jason) |
| Filing 9 NOTICE OF MOTION AND MOTION to Dismiss defendants Budget Mortgage Corp., Budget Finance Company, Budget Capital Corporation, Budget Funding I, LLC filed by defendants Budget Mortgage Corp., Budget Finance Company, Budget Capital Corporation, Budget Funding I, LLC. Motion set for hearing on 3/30/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order, #2 Memorandum in support of) (Goldstein, Jason) |
| Filing 8 NOTICE OF MOTION AND MOTION to Dismiss defendants Noah Furie, Sheldon J. Cohn, Elizabeth Tellez filed by defendants Noah Furie, Sheldon J. Cohn, Elizabeth Tellez. Motion set for hearing on 3/30/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order, #2 Memorandum in support of) (Goldstein, Jason) |
| Filing 7 DECLARATION of Monroe Acceptance Company, Inc. Re Nonmonetary Status filed by Defendant Monroe Acceptance Company, Inc.. (Goldstein, Jason) |
| Filing 6 PROOF OF SERVICE filed by defendants Buchalter, APC, Budget Capital Corporation, Budget Finance Company, Budget Funding I, LLC, Budget Mortgage Corp., Sheldon J. Cohn, Noah Furie, Monroe Acceptance Company, Inc., Elizabeth Tellez, re Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #5 , Notice of Reassignment of Eastern Division Removal Case (CV-106) - optional html form, #4 served on February 18, 2020. (Goldstein, Jason) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 4 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Kenly Kiya Kato for discovery. Pursuant to General Order 19-03, this case has been randomly reassigned to District Judge David O. Carter. The case number on all documents filed with the Court in this case should read as follows: 5:20-cv-00296 DOC (KKx). (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Buchalter, APC, Budget Capital Corporation, Budget Finance Company, Budget Funding I, LLC, Budget Mortgage Corp., Sheldon J. Cohn, Does 1 to 10, inclusive, Noah Furie, Monroe Acceptance Company, Inc., Elizabeth Tellez, filed by Plaintiffs Tyrone J Blake, Melody Kizler. Filed in state Court on 1/6/2020 Submitted with Attachment 1 to Notice of Removal #1 (car) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendants Buchalter, A Professional Corporation, Budget Capital Corporation, Budget Finance Company, Budget Funding I, LLC, Budget Mortgage Corp., Sheldon J. Cohn, Noah Furie, Monroe Acceptance Company, Inc., Elizabeth Tellez, (Goldstein, Jason) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Buchalter, A Professional Corporation, Budget Capital Corporation, Budget Finance Company, Budget Funding I, LLC, Budget Mortgage Corp., Sheldon J. Cohn, Noah Furie, Monroe Acceptance Company, Inc., Elizabeth Tellez. (Goldstein, Jason) |
| Filing 1 NOTICE OF REMOVAL from Riverside County Superior Court, case number RIC2000078 Receipt No: 0973-25323229 - Fee: $400, filed by defendants Budget Mortgage Corp., Buchalter, A Professional Corporation, Budget Finance Company, Monroe Acceptance Company, Inc., Noah Furie, Sheldon J. Cohn, Budget Capital Corporation, Elizabeth Tellez, Budget Funding I, LLC. (Attachments: #1 Exhibit A - B) (Attorney Jason E Goldstein added to party Buchalter, A Professional Corporation(pty:dft), Attorney Jason E Goldstein added to party Budget Capital Corporation(pty:dft), Attorney Jason E Goldstein added to party Budget Finance Company(pty:dft), Attorney Jason E Goldstein added to party Budget Funding I, LLC(pty:dft), Attorney Jason E Goldstein added to party Budget Mortgage Corp.(pty:dft), Attorney Jason E Goldstein added to party Sheldon J. Cohn(pty:dft), Attorney Jason E Goldstein added to party Noah Furie(pty:dft), Attorney Jason E Goldstein added to party Monroe Acceptance Company, Inc.(pty:dft), Attorney Jason E Goldstein added to party Elizabeth Tellez(pty:dft))(Goldstein, Jason) |
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