Derek K. Albrecht v. OsteoStrong Franchising LLC et al
| Derek Albrecht and Derek K. Albrecht |
| OsteoStrong Franchising LLC, Kyle Zagrodzky and Does 1-50 inclusive |
| Manny Butera |
| 5:2020cv00826 |
| April 17, 2020 |
| US District Court for the Central District of California |
| John W Holcomb |
| Shashi H Kewalramani |
| George H Wu |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| Plaintiff |
Docket Report
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Filing 85
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: In view of the parties' Stipulation for Dismissal [ECF No. 84], citing to Federal Rules of Civil Procedure 41(a)(1)(A)(ii), the Court hereby VACATES the Status Conference set for May 20, 2022. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 84 NOTICE of Dismissal filed by Plaintiff Derek K. Albrecht. (Power, Stacie) |
| Filing 83 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) - optional html form,, #82 by Deputy Clerk of Court. The document is hereby STRICKEN. Counsel may file a Stipulation to Dismiss, signed by all parties, under Rule 41(a)(1)(A)(ii) or seek an order under Rule 41(a)(2), whichever may apply. (iva) |
| Filing 82 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Voluntary Dismissal of an Action (Pursuant to FRCP 41a(1)) #81 . The following error(s) was/were found: A stipulation to dismiss should be filed and signed by all parties. 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. (yl) |
| Filing 81 **STRICKEN PER ECF NO. 83** NOTICE of Voluntary Dismissal filed by PLAINTIFF Derek K. Albrecht. Dismissal is WITH PREJUDICE. (Power, Stacie) Modified on 5/2/2022 (iva). |
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Filing 80
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court has received the parties' "Joint Status Report" (the "Report") [ECF No. #79 ]. In view of the Report, the Court hereby CONTINUES the Status Conference from April 29, 2022, to May 20, 2022, at 11:00 a.m., via video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcomb's Procedures and Schedules page on the Court's website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under "Zoom Webinar Hearings." IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 79 STATUS REPORT (JOINT) filed by Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky. (Nam, Candice) |
| Filing 78 MINUTES OF SETTLEMENT CONFERENCE- SETTLEMENT REACHED SETTLEMENT TERMS SEALED held before Magistrate Judge Shashi H. Kewalramani: Defendants are to submit a draft settlement agreement to opposing counsel no later thanMarch 28, 2022. Plaintiffs shall return their draft with any edits by April 1, 2022. The finalizedversion of settlement agreement shall be executed by April 11, 2022. Payment shall be madewithin 30 days after execution of settlement agreement. The stipulated for dismissal withprejudice with each party bearing their own costs and fees shall be filed with the Court beforeDistrict Judge no later than three (3) court dates after receipt of payment. The parties are tonotify the District Judge of the settlement resolution March 24, 2022, and the Southern Districtof Texas by March 25, 2022. Court Recorder: XTR Recording. (dc) |
| Filing 77 MINUTES OF SETTLEMENT CONFERENCE WITH PROPOSED MEDIATORPROPOSAL held before Magistrate Judge Shashi H. Kewalramani: the parties were unable to reach a settlement, at this time. However, the Magistrate Judge provided a mediators proposal to the parties and they are to notify the Court by emailing: SHK_Chambers@cacd.uscourts.gov, by 5:00 p.m. (PDT) on March 23, 2022, whether the mediators proposal is accepted or declined. The Court will notify the parties that a resolution has been reached only if both parties indicate that the proposed terms are acceptable. If either or both of the parties rejects the mediator's proposal, the Court will notify the parties that a resolution has not been reached, without notifying the parties the identity of which party(ies) rejected the proposal. Court Recorder: n/a. (dc) |
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Filing 76
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court has received the parties' "Joint Status Report" [ECF No. #75 ]. In view of the parties' pending settlement conference, the Court hereby CONTINUES the Status Conference set for February 18, 2022, to April 29, 2022, at 11:00 a.m. The parties are DIRECTED to file a Joint Status Report no later than 12:00 noon on April 22, 2022, providing the current posture of the case. The Court further EXTENDS the STAY until April 29, 2022. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 75 STATUS REPORT JOINT STATUS REPORT filed by Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky. (Nam, Candice) |
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Filing 74
SETTLEMENT CONFERENCE ORDER by Magistrate Judge Shashi H. Kewalramani, Settlement Conference set for 3/22/2022 09:00 AM before Magistrate Judge Shashi H. Kewalramani.) (dc)
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Filing 73
ORDER ON STIPULATION TO MODIFY ORDER/REFERRAL RE ADR #72 by Judge John W. Holcomb. It is hereby ORDERED that the deadline to comply with the Order/Referral re ADR is extended to March 31, 2022. (lom)
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| Filing 72 Joint STIPULATION to Reschedule Order/Referral re ADR filed by Defendant OsteoStrong Franchising LLC. (Attachments: #1 Proposed Order to Modify Order/Referral re ADR)(Nam, Candice) |
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Filing 71
ORDER/REFERRAL to ADR Procedure No 1 by Judge John W. Holcomb. Case ordered to Magistrate Judge for Settlement Conference. ADR Proceeding to be held no later than January 28, 2022. (yl)
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| Filing 70 MINUTE ORDER OF VIDEO HEARING RE: STATUS CONFERENCE RE: STAYStatus Conference held before Judge John W. Holcomb. The Court EXTENDS the Stay until February 18, 2022. The Court SETS a further Status Conference on February 18, 2022, at 11:00 a.m. The parties are DIRECTED to participate in a settlement conference with Magistrate Judge Kewalramani, no later than January 28, 2022. (See document for further details) Court Reporter: Laura Elias. (yl) |
| Filing 69 STATUS REPORT JOINT STATUS REPORT filed by Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky. (Nam, Candice) |
| Filing 68 Notice of Appearance or Withdrawal of Counsel: for attorney Candice S Nam counsel for Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky. Filed by Defendants Osteostrong Franchising, LLC and Kyle Zagrodzky. (Attorney Candice S Nam added to party OsteoStrong Franchising LLC(pty:dft), Attorney Candice S Nam added to party Kyle Zagrodzky(pty:dft))(Nam, Candice) |
| Filing 67 Notice of Appearance or Withdrawal of Counsel: for attorney Emerson H Kim counsel for Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky. Emerson H. Kim is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Emerson H. Kim. (Kim, Emerson) |
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Filing 66
ORDER by Judge John W. Holcomb, Granting Stipulation to Stay Proceedings #65 . The matter is STAYED in its entirety for 120 days; The dates in the Revised Civil Trial Scheduling Order [Dkt. No. #64 are VACATED; A status conference is set for November 19, 2021, at 11:00 a.m. to determine whether the stay should be extended; ( Status Conference set for 11/19/2021 at 11:00 AM before Judge John W. Holcomb.) SEE DOCUMENT FOR FURTHER INFORMATION. (Made JS-6. Case Terminated.) (twdb)
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| Filing 65 Joint STIPULATION to Stay Case filed by Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky. (Attachments: #1 Proposed Order on Stipulation to Stay Proceedings)(Kim, Emerson) |
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Filing 64
CIVIL TRIAL SCHEDULING ORDER by Judge John W. Holcomb. Last Day to Move to Amend Pleadings or to Add New Parties: in accordance with Fed. R. Civ. P. 15(a) & Fed. R. Civ. P. 16(b)(4) Deadline for Initial Designation of Expert Witnesses: 7/2/2021; Deadline for Designation of Rebuttal Expert Witnesses: 7/23/2021; All Discovery Cut-Off (including hearing of discovery motions): 8/27/2021Dispositive Motion Hearing Cut-Off:9/24/2021; Last day to Conduct Settlement Conference: 8/31/2021; Deadline for Hearing on Motions in Limine: 11/12/2021 at 9:00 a.m.;Final Pretrial Conference: 11/19/2021 at 11:00 a.m.;Jury Trial: To Be Set at Final Pretrial Conference. (yl)
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| Filing 63 MINUTES OF RE: STATUS CONFERENCE RE: STIPULATION [ECF No. 61] Status Conference held before Judge John W. Holcomb: Counsel state their appearances. The Court confers with counsel regarding the parties' stipulation to modify the case schedule [ECF No. 61]. For the reasons stated on the record, the parties' stipulation is GRANTED in part. The Court will issue a separate trial scheduling order. IT IS SO ORDERED. Court Reporter: Lisa Gonzalez. (yl) |
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Filing 62
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court has received the parties' "Stipulation to Modify Scheduling Order" [ECF No. #61 ]. In view of the Stipulation, the Court hereby sets a Status Conference on Friday, May 14, 2021, at 11:00 a.m., via video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcomb's Procedures and Schedules page on the Court's website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under "Zoom Webinar Hearings." IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 61 Joint STIPULATION for Order to Modify Scheduling Order filed by Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky. (Attachments: #1 Proposed Order onStipulation to Modify Scheduling Order)(Kim, Emerson) |
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Filing 60
CIVIL TRIAL SCHEDULING ORDER by Judge John W. Holcomb. ( All Discovery cut-off 6/30/2021., Dispositive Motions due by 7/30/2021., Last date to conduct settlement conference is 8/31/2021., Final Pretrial Conference set for 9/24/2021 at 11:00 AM before Judge John W. Holcomb., Jury Trial set for 10/12/2021 at 09:00 AM before Judge John W. Holcomb.) SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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Filing 59
ORDER/REFERRAL to ADR Procedure No 1 by Judge John W. Holcomb. Case ordered to Magistrate Judge Shashi H. Kewalramani for Settlement Conference. ADR Proceeding to be held no later than 8/31/21. (twdb)
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Filing 58
(IN CHAMBERS) ORDER TAKING SCHEDULING CONFERENCE OFF CALENDAR by Judge John W. Holcomb: The Court has considered the parties' Joint Rule 16(b)/26(f) Report with respect to the Scheduling Conference and has concluded that the hearing on December 4, 2020 is not necessary. Accordingly, the Scheduling Conference is taken off calendar. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 57 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8, filed by Defendant OsteoStrong Franchising LLC.. (Attachments: #1 Exhibit A - Schedule of Pretrial and Trial Dates Worksheet)(Kim, Emerson) |
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Filing 56
ORDER RE: STIPULATION AND REQUEST FOR ORDER by Judge John W. Holcomb #55 The Scheduling Conference Currently Scheduled for October 29, 2020 at 8:30 a.m. is hereby continued to December 4, 2020, at 11:00 a.m. The parties are to file a timely Joint Rule 26(f) Report no later than 14 days before the scheduling conference. (yl)
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| Filing 55 Joint STIPULATION to Continue Scheduling Conference from 10/29/2020 to 11/12/2020 filed by Plaintiff Derek K. Albrecht. (Attachments: #1 Exhibit Proposed Order)(Power, Stacie) |
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Filing 54
STANDING ORDER by Judge John W. Holcomb. (iva)
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| Filing 53 ANSWER to Amended Complaint/Petition #32 with JURY DEMAND filed by Defendant Manny Butera.(Attorney Nicolas P Martin added to party Manny Butera(pty:dft))(Martin, Nicolas) |
| Filing 52 This action has been reassigned to the Honorable John W. Holcomb, United States District Judge. Judge Holcomb is located in Courtroom 2, on the 2nd Floor of the George E. Brown, Jr. Federal Building and United States Courthouse at 3470 Twelfth Street, Riverside, California 92501. Additional information regarding Judge Holcomb's procedures and schedules is available on the court's website at www.cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY |
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Filing 51
ORDER OF THE CHIEF JUDGE (#20-144) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge John W. Holcomb, this case is transferred from Judge George H. Wu to the calendar of Judge John W. Holcomb for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:20-cv-00826 JWH(SHKx). (rn)
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Filing 50
MINUTE ORDER IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu: The Court sets a Scheduling Conference for October 29, 2020 at 8:30 a.m. Counsel are reminded of their obligations to disclose information, confer on a discovery plan, and report to the Court, as required by F.R.C.P. 26 and the Local Rules of this Court. Trial counsel are ordered to be present. A Joint 26(f) Report shall be filed with the Court no later than October 19, 2020. See Local Rule 26-1. (bm)
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| Filing 49 ANSWER to Amended Complaint/Petition #32 filed by Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky.(Kim, Emerson) |
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Filing 48
MINUTE ORDER (IN CHAMBERS) FINAL RULING ON DEFENDANTS OSTEOSTRONG FRANCHISING, LLC AND KYLE ZAGRODZKY'S MOTION TO TRANSFER VENUE OR DISMISS FOR FORUM NON CONVENIENS #37 by Judge George H. Wu: denying #37 MOTION to Transfer Case. The Court has considered the written submissions and the arguments of counsel at today's hearing on the motion to transfer venue or dismiss for forum non conveniens. The Court will adopt its tentative ruling - which was previously provided to counsel - as its final decision on said motion. (mrgo)
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| Filing 47 MINUTES OF TELEPHONIC HEARING ON DEFENDANTS OSTEOSTRONG FRANCHISING, LLC AND KYLE ZAGRODZKY'S MOTION TO TRANSFER VENUE OR DISMISS FOR FORUM NON CONVENIENS #37 Hearing held before Judge George H. Wu. For reasons stated on the record, the Motion is TAKEN UNDER SUBMISSION. Court to issue its ruling. Court Reporter: Terri A. Hourigan. (mrgo) |
| Filing 46 MINUTES OF TELEPHONIC HEARING ON DEFENDANTS OSTEOSTRONG FRANCHISING, LLC AND KYLE ZAGRODZKY'S MOTION TO TRANSFER VENUE OR DISMISS FOR FORUM NON CONVENIENS #37 held before Judge George H. Wu. Court and counsel confer. For reasons stated on the record, the Motion is continued to August 27, 2020 at 8:30 a.m. Court Reporter: Terri A. Hourigan. (mrgo) |
| Filing 45 SUPPLEMENT to Statement (Motion related), #43 , Objection/Opposition (Motion related), #40 filed by Plaintiff Derek K. Albrecht. (Power, Stacie) |
| Filing 43 STATEMENT of DEFENDANTS OSTEOSTRONG FRANCHISING, LLC AND KYLE ZAGRODZKYS SUPPLEMENTAL STATEMENT RE NOTICE OF MOTION AND MOTION to Transfer Case to Williamson County, Tennessee or to Dismiss for Forum Non Conveniens #37 filed by Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky. (Kim, Emerson) |
| Filing 44 MINUTES OF TELEPHONIC HEARING ON DEFENDANTS OSTEOSTRONG FRANCHISING, LLC AND KYLE ZAGRODZKY'S MOTION TO TRANSFER VENUE OR DISMISS FOR FORUM NON CONVENIENS #37 Hearing held before Judge George H. Wu. The Court Tentative Ruling is circulated and attached hereto. Court and counsel confer. For reasons stated on the record, the Motion is continued to August 24, 2020 at 8:30 a.m. Court and counsel discuss Order #39 issued on July 29, 2020. Defendants' response is to be filed by August 21, 2020. Court Reporter: Terri A. Hourigan. (mrgo) |
| Filing 42 Receipt of Acknowledgment of Servicefiled by Plaintiff Derek K. Albrecht. (Power, Stacie) |
| Filing 41 REPLY in support of NOTICE OF MOTION AND MOTION to Transfer Case to Williamson County, Tennessee or to Dismiss for Forum Non Conveniens #37 filed by Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky. (Kim, Emerson) |
| Filing 40 OPPOSITION OPPOSITION re: NOTICE OF MOTION AND MOTION to Transfer Case to Williamson County, Tennessee or to Dismiss for Forum Non Conveniens #37 filed by Plaintiff Derek K. Albrecht. (Attachments: #1 Declaration of Stacie Power, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Power, Stacie) |
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Filing 39
MINUTE ORDER IN CHAMBERS by Judge George H. Wu re: Statement #36 . The Court has reviewed the parties' Joint Brief on Issue of Diversity Jurisdiction. The Court would find that there are still factual questions as to the members of defendant Osteostrong Franchising LLC. Therefore, the parties must engage in discovery to resolve this matter. (mrgo)
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| Filing 38 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Transfer Case to Williamson County, Tennessee or to Dismiss for Forum Non Conveniens #37 (Attachments: #1 Proposed Order Granting Motion to Transfer)(Kim, Emerson) |
| Filing 37 NOTICE OF MOTION AND MOTION to Transfer Case to Williamson County, Tennessee or to Dismiss for Forum Non Conveniens filed by Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky. Motion set for hearing on 8/20/2020 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration Emerson H. Kim, #2 Exhibit A to Declaration of Emerson H. Kim, #3 Declaration Mathew Zagrodzky, #4 Exhibit A to Declaration of Mathew Zagrodzky, #5 Exhibit B to Declaration of Mathew Zagrodzky) (Kim, Emerson) |
| Filing 36 STATEMENT Jurisdiction filed by Plaintiff Derek K. Albrecht JOINT BRIEF (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Declaration)(Power, Stacie) |
| Filing 35 MINUTES OF TELEPHONIC SCHEDULING CONFERENCE held before Judge George H. Wu. Court and counsel confer re jurisdiction. The Court resolves the issue of citizenship of Defendant's LLC members as stated on the record. Court discusses scheduling with counsel. Both sides will file their motions by July 21, 2020. A hearing on the motions is set for August 20, 2020 at 8:30 a.m. Court Reporter: Terri A. Hourigan. (mrgo) |
| Filing 34 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu; Counsel may appear telephonically for tomorrow's hearing by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 33 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky.. (Kim, Emerson) |
| Filing 32 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery), filed by Plaintiff Derek K. Albrecht (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Power, Stacie) |
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Filing 31
MINUTE ORDER IN CHAMBERS - SCHEDULING ORDER by Judge George H. Wu. The Court has received the Declaration of Calvin E. Davis (Docket No. #28 ) and finds that it satisfactorily deals with the citizenship issue. The Court has also reviewed the parties Stipulation (Docket No. #29 ) regarding the filing of a first amended complaint and will sign off on that proposed order. The parties should have, but as of June 1, 2020, have not filed a joint Fed. R. Civ. P. 26(f) repo1t. Therefore, the scheduling conference now set for June 4, 2020 is continued to July 2, 2020 at 8:30 a.m. The parties are to file a joint report by June 30, 2020. (lom)
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Filing 30
ORDER RE: STIPULATION AND REQUEST FOR ORDER #29 by Judge George H. Wu. iT is hereby ORDERD that:1. Plaintiff to file his First Amended Complaint by June 30, 2020. 2. Defendants to file responsive pleading per FRCP Rule 12.3. Any requirement to meet and confer prior to filing a responsive pleading isnot waived. (lom)
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| Filing 29 STIPULATION to Amend Complaint - (Discovery) filed by Plaintiff Derek K. Albrecht. (Attachments: #1 Proposed Order)(Power, Stacie) |
| Filing 28 DECLARATION of Calvin E. Davis re Order on Motion to Dismiss Case, #27 filed by Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky. (Attachments: #1 Exhibit A)(Kim, Emerson) |
| Filing 27 MINUTES (IN CHAMBERS) by Judge George H. Wu: A motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(3) is on-calendar in this matter on May 28, 2020. The Court denies that motion without prejudice, and vacates the May 28 hearing, due to the admitted failure of moving defendants Osteostrong Franchising, L.L.C. and Kyle Zagrodzky to meet-and-confer in conformity with Local Rule 7-3.(See minutes for further details) (yl) |
| Filing 26 TEXT-ONLY ENTRY (IN CHAMBERS): by Judge George H. Wu: Counsel may appear telephonically on Thursday, May 28, 2020 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 25 BRIEF filed by Plaintiff Derek K. Albrecht. JOINT BRIEF regarding Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings #9 . (Power, Stacie) |
| Filing 24 REPLY in support of First NOTICE OF MOTION AND MOTION to Dismiss Case #10 filed by Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky. (Attachments: #1 Declaration of Calvin E. Davis, #2 Exhibit A to Declaration of Calvin E. Davis, #3 Exhibit B to Declaration of Calvin E. Davis)(Kim, Emerson) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Calvin E Davis counsel for Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky. Adding Calvin E. Davis as counsel of record for Defendants Osteostrong Franchising, LLC and Kyle Zagrodzky for the reason indicated in the G-123 Notice. Filed by Defendants Osteostrong Franchising, LLC and Kyle Zagrodzky. (Davis, Calvin) |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Emerson Hwan Kim counsel for Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky. Adding Emerson H. Kim as counsel of record for Defendants Osteostrong Franchising, LLC and Kyle Zagrodzky for the reason indicated in the G-123 Notice. Filed by Defendants Osteostrong Franchising, LLC and Kyle Zagrodzky. (Kim, Emerson) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance, #20 , Notice of Appearance, #19 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. 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 20 NOTICE of Appearance filed by attorney Calvin E Davis on behalf of Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky (Attorney Calvin E Davis added to party OsteoStrong Franchising LLC(pty:dft), Attorney Calvin E Davis added to party Kyle Zagrodzky(pty:dft))(Davis, Calvin) |
| Filing 19 NOTICE of Appearance filed by attorney Emerson Hwan Kim on behalf of Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky (Attorney Emerson Hwan Kim added to party OsteoStrong Franchising LLC(pty:dft), Attorney Emerson Hwan Kim added to party Kyle Zagrodzky(pty:dft))(Kim, Emerson) |
| Filing 18 Opposition Opposition re: First NOTICE OF MOTION AND MOTION to Dismiss Case #10 filed by Plaintiff Derek K. Albrecht. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Power, Stacie) |
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Filing 17
ORDER by Judge George H. Wu: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: APPLICATION of Non-Resident Attorney Howard L. Steele to Appear Pro Hac Vice on behalf of Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky (Pro Hac Vice Fee - $400 Previously Paid on 4/27/2020, Receipt No. 26237047) #15 , for the following reasons: Docket no. 15 is stricken for the reason stated in the Notice #16 filed on April 30, 2020. (lc)
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| Filing 16 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Howard L. Steele to Appear Pro Hac Vice on behalf of Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky (Pro Hac Vice Fee - $400 Previously Paid on 4/27/2020, Receipt No. 26237047) #15 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. Proposed Order is incomplete. Addresses for applicant and local counsel are missing. (Thrasher, Lupe) |
| Filing 15 (STRICKEN PER COURTS G112B RESPONSE ORDER DOCKET NO. 17). APPLICATION of Non-Resident Attorney Howard L. Steele to Appear Pro Hac Vice on behalf of Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky (Pro Hac Vice Fee - $400 Previously Paid on 4/27/2020, Receipt No. 26237047) filed by Defendant OsteoStrong Franchising LLC, Kyle Zagrodzky. (Attachments: #1 Exhibit Certificate of Good Standing Howard Steele, #2 Proposed Order Proposed order) (Zagrodzky, Matthew) Modified on 5/1/2020 (lc). |
| Filing 14 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Howard L. Steele to Appear Pro Hac Vice on behalf of Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26237047) #12 by Clerk of Court. Docket No. 12 is stricken for the reason stated in the Notice #13 filed on April 28, 2020. Also, for failure to comply with Local Rule 5-4.4.2. (mrgo) |
| Filing 13 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Howard L. Steele to Appear Pro Hac Vice on behalf of Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26237047) #12 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (Thrasher, Lupe) |
| Filing 12 [DOCUMENT STRICKEN PER DOC. NO. 14] APPLICATION of Non-Resident Attorney Howard L. Steele to Appear Pro Hac Vice on behalf of Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26237047) filed by Defendants OsteoStrong Franchising LLC, Kyle Zagrodzky. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order Proposed Order) (Zagrodzky, Matthew) Modified on 4/29/2020 (mrgo). |
| Filing 11 TEXT-ONLY ENTRY (IN CHAMBERS): by Judge George H. Wu: The Court sets a hearing on OSTEOSTRONG FRANCHING LLCS AND KYLE ZAGRODZKYS MOTION TO DISMISS PURSUANT TO FRCP 12(b)(3) #10 for 5/28/2020 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 10 First NOTICE OF MOTION AND MOTION to Dismiss Case filed by Attorney OsteoStrong Franchising LLC. (Attachments: #1 Exhibit Franchise Broker Agreement, #2 Proposed Order Proposed Order re 12b3 Motion to Dismiss) (Zagrodzky, Matthew) |
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Filing 9
MINUTE ORDER IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu. (Rule 26 Meeting Report due by 5/21/2020. Scheduling Conference set for 6/4/2020 at 08:30 AM before Judge George H. Wu.) (mrgo)
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| Filing 8 STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU. (SEE DOCUMENT FOR FURTHER DETAILS) (mrgo) |
| Filing 7 Notice of Interested Parties (Zagrodzky, Matthew) |
| Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Howard Steele. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) |
| Filing 5 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. (esa) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 3 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Shashi H. Kewalramani for discovery. Pursuant to General Order 19-03, this case has been randomly reassigned to District Judge George H. Wu. The case number on all documents filed with the Court in this case should read as follows: 5:20-cv-00826 GW (SHKx). (esa) |
| CONFORMED COPY OF COMPLAINT against defendants Manny Butera, Does, OsteoStrong Franchising LLC, Kyle Zagrodzky, Jury Demanded, filed by plaintiff Derek K. Albrecht. (field in state court 1/23/20, submitted as document 1, attachment 1) (esa) |
| COPY OF NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Derek K. Albrecht, upon Defendant OsteoStrong Franchising LLC acknowledgment sent by Plaintiff on 3/19/2020. Acknowledgment of Service signed by Kyle Zagrodzky, CEO. (submitted as document 1, attachment 2) (esa) |
| Filing 2 CIVIL COVER SHEET filed by Defendant OsteoStrong Franchising LLC. (Zagrodzky, Matthew) |
| Filing 1 NOTICE OF REMOVAL from Riverside County Superior Court, case number MCC2000221 Receipt No: ACACDC-26129253 - Fee: $400, filed by Defendant OsteoStrong Franchising LLC. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit Acknowledgment of Receipt, #3 Exhibit Summons) (Attorney Matthew Zagrodzky added to party OsteoStrong Franchising LLC(pty:dft))(Zagrodzky, Matthew) |
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