Marcelo Muto v. Fenix International Limited et al
Plaintiff: Marcelo Muto and Noah Breeze
Defendant: Fenix International Limited and Fenix Internet LLC
Consolidated Plaintiff: John Doe 1 and John Doe 2
Case Number: 5:2022cv02164
Filed: December 5, 2022
Court: US District Court for the Central District of California
Presiding Judge: Kenly Kiya Kato
Referring Judge: Sunshine Suzanne Sykes
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1441 Notice of Removal - Fraud
Jury Demanded By: None
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This docket was last retrieved on August 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 8, 2023 Opinion or Order Filing 49 (IN CHAMBERS) ORDER by Judge Sunshine S. Sykes: The Court finds that the Motion to Dismiss [Dkt. 35] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court vacates the hearing set on August 11, 2023. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
July 27, 2023 Filing 48 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case DEFENDANTS FENIX INTERNATIONAL LIMITED AND FENIX INTERNET LLCS MOTION TO DISMISS PLAINTIFFS' CONSOLIDATED COMPLAINT #35 Re- filed by Defendants Fenix International Limited, Fenix Internet LLC. (Direnfeld, Jonathan)
July 27, 2023 Filing 47 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case DEFENDANTS FENIX INTERNATIONAL LIMITED AND FENIX INTERNET LLCS MOTION TO DISMISS PLAINTIFFS' CONSOLIDATED COMPLAINT #35 filed by Defendants Fenix International Limited, Fenix Internet LLC. (Direnfeld, Jonathan)
July 18, 2023 Opinion or Order Filing 46 ORDER by Judge Sunshine Suzanne Sykes: Granting Application of Non-Resident Attorney Zachary Freese to Appear Pro Hac Vice on behalf of Plaintiffs John Doe 1 and John Doe 2., designating Caleb Marker as local counsel #44 . (iv)
July 17, 2023 Opinion or Order Filing 45 ORDER GRANTING APPLICATION of Non-Resident Attorney Hart L. Robinovitch to Appear Pro Hac Vice on behalf of Consol Plaintiffs John Doe 1, John Doe 2 and designating Caleb L Marker as local counsel #43 by Judge Sunshine Suzanne Sykes. (lc)
July 14, 2023 Filing 44 APPLICATION of Non-Resident Attorney Zachary J. Freese to Appear Pro Hac Vice on behalf of Consol Plaintiffs John Doe 1, John Doe 2 (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35675317) filed by Plaintiffs John Doe 1, John Doe 2. (Attachments: #1 Proposed Order) (Marker, Caleb)
July 13, 2023 Filing 43 APPLICATION of Non-Resident Attorney Hart L. Robinovitch to Appear Pro Hac Vice on behalf of Consol Plaintiffs John Doe 1, John Doe 2 (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35668221) filed by Plaintiffs John Doe 1, John Doe 2. (Attachments: #1 Proposed Order) (Marker, Caleb)
July 13, 2023 Filing 42 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case DEFENDANTS FENIX INTERNATIONAL LIMITED AND FENIX INTERNET LLCS MOTION TO DISMISS PLAINTIFFS' CONSOLIDATED COMPLAINT #35 filed by Plaintiffs Noah Breeze, Marcelo Muto, Consol Plaintiffs John Doe 1, John Doe 2. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Poe, Mark)
July 13, 2023 Filing 41 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case DEFENDANTS FENIX INTERNATIONAL LIMITED AND FENIX INTERNET LLCS MOTION TO DISMISS PLAINTIFFS' CONSOLIDATED COMPLAINT #35 filed by Plaintiffs Noah Breeze, Marcelo Muto, Consol Plaintiffs John Doe 1, John Doe 2. (Attorney Mark W Poe added to party John Doe 1(pty:conpla), Attorney Mark W Poe added to party John Doe 2(pty:conpla))(Poe, Mark)
June 28, 2023 Opinion or Order Filing 40 (IN CHAMBERS) ORDER by Judge Sunshine S. Sykes: In view of the Court's Order [Dkt. 27], issued on April 21, 2023, striking Defendants' Motion to Dismiss [Dkt. 16], the Application to File Under Seal [Dkt. #17 ] is hereby DENIED as moot. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
June 23, 2023 Filing 39 NOTICE OF ERRATA filed by Defendants Fenix International Limited, Fenix Internet LLC. correcting NOTICE OF MOTION AND MOTION to Dismiss Case DEFENDANTS FENIX INTERNATIONAL LIMITED AND FENIX INTERNET LLCS MOTION TO DISMISS PLAINTIFFS' CONSOLIDATED COMPLAINT #35 (Heath, Jacob)
June 22, 2023 Filing 38 PROOF OF SERVICE filed by Defendants Fenix International Limited, Fenix Internet LLC, re Sealed Declaration in SupportDeclaration,, #37 served on 06/22/2023. (Heath, Jacob)
June 22, 2023 Filing 37 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document DEFENDANTS FENIX INTERNATIONAL LIMITED AND FENIX INTERNET LLC'S APPLICATION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF LEE TAYLOR'S DECLARATION IN SUPPORT OF MOTION TO DISMISS under seal #36 filed by Defendants Fenix International Limited, Fenix Internet LLC. (Attachments: #1 Taylor Decl [UNREDACTED], #2 Ex. G to Taylor Decl [UNREDACTED], #3 Ex. H to Taylor Decl [UNREDACTED], #4 Ex. I to Taylor Decl [UNREDACTED], #5 Ex. J to Taylor Decl [UNREDACTED], #6 Ex. K to Taylor Decl [UNREDACTED], #7 Ex. L to Taylor Decl [UNREDACTED])(Heath, Jacob)
June 22, 2023 Filing 36 APPLICATION to file document DEFENDANTS FENIX INTERNATIONAL LIMITED AND FENIX INTERNET LLC'S APPLICATION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF LEE TAYLOR'S DECLARATION IN SUPPORT OF MOTION TO DISMISS under seal filed by Defendants Fenix International Limited, Fenix Internet LLC. (Attachments: #1 Proposed Order, #2 Taylor Decl. [REDACTED], #3 Ex. G to Taylor Decl [REDACTED], #4 Ex. H to Taylor Decl [REDACTED], #5 Ex. I to Taylor Decl [REDACTED], #6 Ex. J to Taylor Decl [REDACTED], #7 Ex. K to Taylor Decl [REDACTED], #8 Ex. L to Taylor Decl [REDACTED])(Heath, Jacob)
June 22, 2023 Filing 35 NOTICE OF MOTION AND MOTION to Dismiss Case DEFENDANTS FENIX INTERNATIONAL LIMITED AND FENIX INTERNET LLCS MOTION TO DISMISS PLAINTIFFS' CONSOLIDATED COMPLAINT filed by Defendants Fenix International Limited, Fenix Internet LLC. Motion set for hearing on 8/11/2023 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Taylor Decl. [REDACTED], #2 Ex. A to Taylor Decl, #3 Ex. B to Taylor Decl, #4 Ex. C to Taylor Decl, #5 Ex. D to Taylor Decl, #6 Ex. E to Taylor Decl, #7 Ex. F to Taylor Decl, #8 Ex. G to Taylor Decl [REDACTED], #9 Ex. H to Taylor Decl [REDACTED], #10 Ex. I to Taylor Decl [REDACTED], #11 Ex. J to Taylor Decl [REDACTED], #12 Ex. K to Taylor Decl [REDACTED], #13 Ex. L to Taylor Decl [REDACTED], #14 White Decl., #15 Ex. A to White Decl., #16 Proposed Order) (Caridis, Alyssa)
June 1, 2023 Filing 34 CONSOLIDATED COMPLAINT related to: #14 Amended Complaint/Petition, filed by Plaintiffs Noah Breeze, Marcelo Muto, John Doe 2, John Doe 1(Poe, Mark)
May 11, 2023 Opinion or Order Filing 33 ORDER GRANTING JOINT STIPULATION FOR CONSOLIDATION by Judge Sunshine Suzanne Sykes: the Court hereby GRANTS the Joint Stipulation #32 and ORDERS as follows: The following actions shall be consolidated: Muto, et al. v. Fenix International Limited, et al., Case No. 5:22-cv-02164-SSS-KKx ("Muto"); and John Doe 1, et al. v. Fenix Internet LLC, et al., Case No. 2:23-cv-03005-SSS-KKx ("Doe"). The consolidated case shall continue under the Muto caption and file number. All future filings in the consolidated proceedings shall be made under that file number. The Clerk of Court is DIRECTED to CLOSE the later-filed case, Doe. The 6/9/2023, hearing on Defendants' Motion to Dismiss #16 in the Muto action and the 5/30/2023, deadline for Defendants to answer or otherwise respond to the First Amended Class Action Complaint in the Doe action are vacated. Within 21 days of the entry of an order consolidating the above-captioned actions, Plaintiffs will file a Consolidated Complaint. Within 21 days after the Consolidated Complaint is filed, Defendants will file an answer or otherwise respond to the Consolidated Complaint. Within 21 days after Defendants respond to the Consolidated Complaint, Plaintiffs will file their Opposition. Within 14 days after Plaintiffs file an opposition, Defendants will file their Reply. (gk)
May 9, 2023 Filing 32 Joint STIPULATION to Consolidate Cases as to 2:23-cv-03005-SSS-KK filed by Defendants Fenix International Limited, Fenix Internet LLC. (Attachments: #1 Proposed Order)(Heath, Jacob)
April 28, 2023 Opinion or Order Filing 31 ORDER by Judge Sunshine Suzanne Sykes: granting #29 Non-Resident Attorney Jonathan A. Direnfeld APPLICATION to Appear Pro Hac Vice on behalf of Fenix International Limited and Fenix Internet LLC, designating Thomas K. Fu as local counsel. (lom)
April 27, 2023 Opinion or Order Filing 30 SCHEDULING NOTICE AND ORDER by Judge Sunshine S. Sykes: On its own motion, the Court hereby CONTINUES the hearing on Motion to Dismiss Second Amended Complaint [Dkt. #16 ] from April 28, 2023, to June 9, 2023, at 2:00 p.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
April 25, 2023 Filing 29 APPLICATION of Non-Resident Attorney Jonathan A. Direnfeld to Appear Pro Hac Vice on behalf of Defendants Fenix International Limited, Fenix Internet LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35195677) filed by defendants Fenix International Limited, Fenix Internet LLC. (Attachments: #1 Proposed Order) (Fu, Thomas)
April 24, 2023 Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Thomas K. Fu counsel for Defendants Fenix International Limited, Fenix Internet LLC. Adding Thomas K. Fu as counsel of record for Fenix International Limited and Fenix Internet LLC for the reason indicated in the G-123 Notice. Filed by defendants Fenix International Limited; Fenix Internet LLC. (Attorney Thomas K. Fu added to party Fenix International Limited(pty:dft), Attorney Thomas K. Fu added to party Fenix Internet LLC(pty:dft))(Fu, Thomas)
April 21, 2023 Opinion or Order Filing 27 ORDER DENYING DEFENDANTS MOTION TO CONTINUE HEARING ON MOTION TO DISMISS [Dkt. 23] by Judge Sunshine Suzanne Sykes: The Court is in receipt of Defendants opposed stipulation [Dkt. 23] to continue the hearing regarding their pending motion to dismiss [Dkt. 16], as well as Plaintiffs opposition. First, the Court reminds Defendants that a stipulation, by definition, contains some agreement between the litigants, and that an opposed stipulation is properly considered a motion rather than a stipulation. Construing Defendants filing as a motion, the Court further notes that Defendants have failed to comply with the requirements set forth in Local Rule 6-1 and 7-4. As such, the motion is STRUCK. As of this order, the hearing on their motion to dismiss remains on calendar for April 28, 2023 at 2 P.M. IT IS SO ORDERED. (shb)
April 21, 2023 Filing 26 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Response #24 . The following error(s) was/were found: Fed. R. Civ. P. 5 no proof of service attached. 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. (shb)
April 21, 2023 Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Stipulation for Order, #23 . The following error(s) was/were found: Fed. R. Civ. P. 5 no proof of service attached. 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. (shb)
April 20, 2023 Filing 24 RESPONSE filed by Plaintiffs Noah Breeze, Marcelo Mutoto Stipulation for Order, #23 Response to the "Opposed Stipulation" filed by Defendants (Poe, Mark)
April 20, 2023 Filing 23 STIPULATION for Order Re OPPOSED STIPULATION TO CONTINUE HEARING ON MOTION TO DISMISS filed by defendants Fenix International Limited, Fenix Internet LLC. (Attachments: #1 Declaration of Jacob M. Heath, #2 Exhibit A to Heath Declaration, #3 Proposed Order)(Heath, Jacob)
April 20, 2023 Filing 22 NOTICE of Related Case(s) filed by defendants Fenix International Limited, Fenix Internet LLC. Related Case(s): John Doe 2, et al. v. Fenix Internet LLC, et al., No. 2:23-cv-03005 (Heath, Jacob)
April 14, 2023 Filing 21 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint #16 filed by Defendants Fenix International Limited, Fenix Internet LLC. (Heath, Jacob)
March 31, 2023 Filing 20 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint #16 filed by Plaintiffs Noah Breeze, Marcelo Muto. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Poe, Mark)
March 31, 2023 Filing 19 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint #16 filed by Plaintiffs Marcelo Muto, Noah Breeze. (Attachments: #1 Declaration of Mark Poe, #2 Exhibit A, #3 Exhibit B)(Attorney Mark W Poe added to party Noah Breeze(pty:pla))(Poe, Mark)
March 10, 2023 Filing 18 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of Lee Taylor's Declaration under seal #17 filed by Defendants Fenix International Limited, Fenix Internet LLC. (Attachments: #1 Exhibit E to Taylor Declaration (SEALED), #2 Exhibit F to Taylor Declaration (SEALED))(Heath, Jacob)
March 10, 2023 Filing 17 APPLICATION to file document Portions of Lee Taylor's Declaration under seal filed by Defendants Fenix International Limited, Fenix Internet LLC. (Attachments: #1 Declaration ISO Application to File Under Seal, #2 Proposed Order, #3 Proof of Service)(Heath, Jacob)
March 10, 2023 Filing 16 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by defendants Fenix International Limited, Fenix Internet LLC. Motion set for hearing on 4/28/2023 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Declaration of Lee Taylor (REDACTED), #2 Exhibit A to Taylor Declaration, #3 Exhibit B to Taylor Declaration, #4 Exhibit C to Taylor Declaration, #5 Exhibit D to Taylor Declaration, #6 Exhibit E to Taylor Declaration (REDACTED), #7 Exhibit F to Taylor Declaration (REDACTED), #8 Declaration of Antony White, #9 Exhibit A to White Declaration, #10 Proposed Order) (Heath, Jacob)
January 17, 2023 Filing 15 NOTICE OF LODGING filed attaching Red-Lined Version of SAC re Order,, #13 (Attachments: #1 Red-lined SAC)(Poe, Mark)
January 17, 2023 Filing 14 SECOND AMENDED COMPLAINT against Defendants Fenix International Limited, Fenix Internet LLC amending Amended Complaint,, filed by Plaintiffs Marcelo Muto(Poe, Mark)
January 12, 2023 Opinion or Order Filing 13 ORDER RE: STIPULATION TO FILE SECOND AMENDED COMPLAINT, AND SETTING DEFENDANTS TIME TO RESPOND TO SAM, #12 E by Judge Sunshine Suzanne Sykes: NOTE CHANGES MADE BY COURT. IT IS HEREBY ORDERED THAT: 1. Plaintiffs are hereby GRANTED leave to file the proposed Second Amended Complaint, and shall do so within three days of the entry of this order; 2. Plaintiff is also DIRECTED to file contemporaneously therewith a Notice of Lodging to the Second Amended Complaint that provides the Court with a redline version that shows the amendments; and 3. Defendants shall have up to and including March 10, 2023 to file their response to the Second Amended Complaint. IT IS SO ORDERED. (shb)
January 11, 2023 Filing 12 STIPULATION for Leave to file Second Amended Complaint and Extend Defendants' Time to Respond filed by Plaintiff Marcelo Muto. (Attachments: #1 Proposed Order)(Poe, Mark)
December 30, 2022 Filing 11 PROOF OF SERVICE filed by defendants Fenix International Limited, Fenix Internet LLC, for Defendant Fenix Internet LLC's Notice of Filing of Notice of Removal served on 12/06/2022. (Heath, Jacob)
December 12, 2022 Opinion or Order Filing 10 CIVIL STANDING ORDER by Judge Sunshine Suzanne Sykes. (iva)
December 8, 2022 Opinion or Order Filing 9 ORDER RE STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT BY MORE THAN 30 DAYS, #8 , by Judge Sunshine Suzanne Sykes: Upon consideration of Plaintiff MARCELO MUTO and Defendants FENIX INTERNATIONAL LIMITED and FENIX INTERNET LLCs joint Stipulation to Extend Time to Respond to First Amended Complaint and good cause appearing, it is hereby ORDERED that said Motion is GRANTED. The deadline for Defendants FENIX INTERNATIONAL LIMITED and FENIX INTERNET LLC to respond to Plaintiffs First Amended Complaint is February 10, 2023. (shb)
December 7, 2022 Filing 8 STIPULATION for Extension of Time to File Response to First Amended Complaint filed by defendants Fenix International Limited, Fenix Internet LLC. (Attachments: #1 Declaration of Jacob M. Heath in Support, #2 Proposed Order)(Attorney Jacob Marcus Heath added to party Fenix International Limited(pty:dft))(Heath, Jacob)
December 6, 2022 Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap)
December 6, 2022 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
December 6, 2022 Filing 5 NOTICE OF ASSIGNMENT to District Judge Sunshine Suzanne Sykes and Magistrate Judge Kenly Kiya Kato. (ghap)
December 5, 2022 CONFORMED FILED COPY OF FIRST AMENDED COMPLAINT against Defendants Fenix International Limited, Fenix Internet LLC amending Complaint - (Discovery), filed by plaintiff Marcelo Muto. (FILED IN STATE COURT ON 10/24/2022 SUBMITTED ATTACHED EXHIBIT A)(ghap)
December 5, 2022 CONFORMED FILED COPY OF COMPLAINT against Defendants Fenix International Limited, Fenix Internet LLC., filed by plaintiff Marcelo Muto. (FILED IN STATE COURT ON 10/10/2022 SUBMITTED ATTACHED EXHIBIT A) (ghap)
December 5, 2022 Filing 4 NOTICE AND CERTIFICATE of Interested Parties filed by defendant Fenix International Limited, Fenix Internet LLC, identifying Fenix International and Limited Fenix Internet LLC. Fenix International Limited is the sole member of Fenix Internet LLC.. (Heath, Jacob)
December 5, 2022 Filing 3 DECLARATION of Jacob M. Heath in Support re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendants Fenix International Limited, Fenix Internet LLC. (Heath, Jacob)
December 5, 2022 Filing 2 CIVIL COVER SHEET filed by Defendants Fenix International Limited, Fenix Internet LLC. (Heath, Jacob)
December 5, 2022 Filing 1 NOTICE OF REMOVAL from State of California, County of Riverside, case number CVPS2204080 Receipt No: ACACDC-34424346 - Fee: $402, filed by Defendant Fenix Internet LLC, Fenix International Limited. (Attachments: #1 Exhibit A to Notice of Removal) (Attorney Jacob Marcus Heath added to party Fenix International Limited(pty:dft), Attorney Jacob Marcus Heath added to party Fenix Internet LLC(pty:dft))(Heath, Jacob)

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Search for this case: Marcelo Muto v. Fenix International Limited et al
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Plaintiff: Marcelo Muto
Represented By: Mark W Poe
Represented By: Flora Forrest Vigo
Represented By: Victor Meng
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Plaintiff: Noah Breeze
Represented By: Mark W Poe
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Defendant: Fenix International Limited
Represented By: Jacob Marcus Heath
Represented By: Jonathan A. Direnfeld
Represented By: Thomas K. Fu
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Defendant: Fenix Internet LLC
Represented By: Jacob Marcus Heath
Represented By: Jonathan A. Direnfeld
Represented By: Thomas K. Fu
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Consolidated plaintiff: John Doe 1
Represented By: Caleb Marker
Represented By: Hart L. Robinovitch
Represented By: Mark W Poe
Represented By: Zachary J. Freese
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Consolidated plaintiff: John Doe 2
Represented By: Caleb Marker
Represented By: Hart L. Robinovitch
Represented By: Mark W Poe
Represented By: Zachary J. Freese
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