Pasiphae Holdings, Inc. v. SE Logistix Corp. et al
| Pasiphae Holdings, Inc. |
| SE LOGISTIX, CORP., a California Corporation, FRANK SAWAF, a/k/a FAISAL M. ALSAWAF, DELMAR COMMERCIAL REAL ESTATE SERVICES, a California Corporation, GHAZI ASHKAR, SE Logistix Corp., Frank Sawaf doing business as Faisal M. Alsawaf, Delmar Commercial Real Estate Services, John Does and ABC Corps. |
| Frank Sawaf and Faisal M. Alsawaf |
| Pasiphae Holdings Inc, Frederico Drada, Medavations Inc and Roes |
| 5:2023cv00186 |
| February 3, 2023 |
| US District Court for the Central District of California |
| Shashi H Kewalramani |
| Sunshine Suzanne Sykes |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
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Filing 53
ORDER by Judge Sunshine Suzanne Sykes: The Stipulation between Plaintiff Pasiphae Holdings, Inc. Pasiphae Holdings, Inc. (Pasiphae) and Defendants SE Logistix, Corp. and Frank Sawaf a/k/a Faisal M. Alsawaf (collectively SE Defendants) is approved. The time for Pasiphae to file a response to the SE Defendants Counterclaims (Doc. No. 42) is hereby extended from April 10, 2023 until May 10, 2023. IT IS SO ORDERED. (shb)
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Filing 52
ORDER SETTING SCHEDULING CONFERENCE by Judge Sunshine Suzanne Sykes. Scheduling Conference set for 6/2/2023 at 01:00 PM before Judge Sunshine Suzanne Sykes. (iva)
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Filing 51
ORDER DENYING WITHOUT PREJUDICE PLAINTIFFS EX PARTE MOTION FOR CIVIL CONTEMPT AND SANCTIONS [Dkt. 47], by Judge Sunshine Suzanne Sykes: As Pasiphae has not carried its evidentiary burden to demonstrate that Defendants have in fact defied the terms of this Courts order, the Court declines to impose sanctions at this time. Pasiphaes motion is therefore DENIED WITHOUT PREJUDICE. IT IS SO ORDERED. (shb)
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| Filing 50 STIPULATION for Extension of Time to File Answer Counterclaim as to Answer to Complaint (Attorney Civil Case Opening), Counterclaim #42 filed by Plaintiff Pasiphae Holdings, Inc.. (Attachments: #1 Proposed Order)(Ferro, Kory) |
| Filing 49 SE Logistix, Corp. & F. Sawaf's Opposition to Ex Parte Application re TRO IN OPPOSITION TO re: EX PARTE APPLICATION for Writ of possession and turnover order #47 AND FOR A FINDING OF CONTEMPT AND SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF FRANK SAWAF; DECLARATION OF ERIC FORSTROM filed by Defendant SE Logistix Corp.. (Forstrom, Eric) |
| Filing 48 CERTIFICATE OF SERVICE filed by Plaintiff Pasiphae Holdings, Inc., re EX PARTE APPLICATION for Writ of possession and turnover order #47 served on 03/27/2023. (Ferro, Kory) |
| Filing 47 EX PARTE APPLICATION for Writ of possession and turnover order filed by Plaintiff Pasiphae Holdings, Inc.. (Attachments: #1 Memorandum Memo of Law In Support, #2 Declaration Declaration of Ferro, #3 Declaration Declaration of Drada, #4 Declaration Declaration of Soto, #5 Proposed Order Proposed Writ of Possession, #6 Exhibit Exhibit A to Proposed Writ) (Ferro, Kory) |
| Filing 46 RESPONSE filed by Defendant SE Logistix Corp. RESPONSE TO ORDERS TO SHOW CAUSE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF FRANK SAWAF (Forstrom, Eric) |
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Filing 45
DENIED ORDER RE: STIPULATION TO EXTEND TIME TO FILE A RESPONSE TO INITIAL COMPLAINT, #40 by Judge Sunshine Suzanne Sykes: For good cause shown, it is hereby Ordered that Defendants shall have until March 21, 2023 to file a response to Plaintiffs Complaint is DENIED. On March 21, 2023, Defendants SE Logistix, Corp. and Frank Sawaf filed their Answer to Plaintiffs Complaint [Dkt. 42]. In view of this, the stipulation [Dkt. 40] is hereby DENIED as moot.IT IS SO ORDERED. (shb)
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| Filing 44 NOTICE OF DISMISSAL filed by Plaintiff Pasiphae Holdings, Inc. pursuant to FRCP 41a(1) as to Delmar Commercial Real Estate Services. (Ferro, Kory) |
| Filing 43 Defendant's CERTIFICATE of Interested Parties filed by Defendants SE Logistix Corp., identifying Frank Sawaf a/k/a Faisal M. Alsawaf; Delmar Commercial Real Estate Services, a California Corporation; Ghazi Ashkar; Pasiphae Holdings, Inc. a Florida Corporation. (Forstrom, Eric) |
| Filing 42 ANSWER to Complaint (Attorney Civil Case Opening),, #1 Pasiphae Holdings, Inc's Complaint, COUNTERCLAIM against All Defendants filed by Defendant SE Logistix Corp..(Forstrom, Eric) |
| Filing 41 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Motion Related Document, #40 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Stipulation for Extension of Time. Local Rule 11-3.8 title page is missing, incomplete, or incorrect. Other error(s) with document(s): Title information is missing from the [Prop] Order. 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. (lom) |
| Filing 40 STIPULATION TO EXTEND TIME FILE A RESPONSE TO INITIAL COMPLAINT[PROPOSED]ORDER re APPLICATION of Non-Resident Attorney Kelly M. Purcaro to Appear Pro Hac Vice on behalf of Plaintiff Pasiphae Holdings, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 2/13/2023, Receipt No. ACACDC-34785529) #18 filed by Defendant SE Logistix Corp.. (Attachments: #1 Proposed Order)(Forstrom, Eric) |
| Filing 39 ANSWER OF DEFENDANT GHAZI ASHKAR TO VERIFIED CIVIL COMPLAINT, #1 filed by Defendant Ghazi Ashkar.(shb) |
| Filing 38 STIPULATION Extending Time to Answer the complaint as to SE Logistix Corp. answer now due 3/16/2023, filed by Defendant SE Logistix Corp..(Attorney Eric Arthur Forstrom added to party SE Logistix Corp.(pty:dft))(Forstrom, Eric) |
| Filing 37 STIPULATION Extending Time to Answer the complaint as to Delmar Commercial Real Estate Services answer now due 3/23/2023, filed by Defendant Delmar Commercial Real Estate Services.(Attorney James Michael Blucker added to party Delmar Commercial Real Estate Services(pty:dft))(Blucker, James) |
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Filing 36
ORDER by Judge Sunshine Suzanne Sykes: Granting #24 Non-Resident Attorney Kory Ann Ferro APPLICATION to Appear Pro Hac Vice on behalf of Pasiphae Holdings, Inc, designating Brian Koegle as local counsel. (twdb)
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Filing 35
ORDER by Judge Sunshine Suzanne Sykes: Granting #23 Non-Resident Attorney Kelly Purcaro APPLICATION to Appear Pro Hac Vice on behalf of Pasiphae Holdings, Inc, designating Brian Koegle as local counsel. (twdb)
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| Filing 34 NOTICE OF LODGING filed re APPLICATION of Non-Resident Attorney Kelly M. Purcaro to Appear Pro Hac Vice on behalf of Plaintiff Pasiphae Holdings, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 2/13/2023, Receipt No. ACACDC-34785529) #23 (Attachments: #1 Supplement Certificate of Good Standing)(Koegle, Brian) |
| Filing 33 NOTICE OF LODGING filed re APPLICATION of Non-Resident Attorney Kory Ann Ferro to Appear Pro Hac Vice on behalf of Plaintiff Pasiphae Holdings, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 2/13/2023, Receipt No. ACACDC-34785699) #24 (Attachments: #1 Supplement Certificate of Good Standing)(Koegle, Brian) |
| Filing 32 CERTIFICATE OF SERVICE filed by Plaintiff Pasiphae Holdings, Inc., re Initial Order upon Filing of Complaint - form only #31 served on 02/23/2023. (Koegle, Brian) |
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Filing 31
CIVIL STANDING ORDER by Judge Sunshine Suzanne Sykes. (iva)
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| Filing 30 CERTIFICATE OF SERVICE filed by Plaintiff Pasiphae Holdings, Inc., re Order on Motion for Temporary Restraining Order,,,,,,, Order on Motion for Order to Show Cause,,,,,,, Order on Motion for Preliminary Injunction,,,,,,, Order on Motion for Writ,,,,,, #29 served on 02/20/2023. (Koegle, Brian) |
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Filing 29
ORDER GRANTING IN PART PLAINTIFF'S APPLICATION FOR EX PARTE RELIEF AND ORDERING DEFENDANTS TO SHOW CAUSE [Dkt. #25 ] by Judge Sunshine Suzanne Sykes. For the foregoing reasons, the Court GRANTS a temporary restraining order restraining and enjoining Defendants from marketing, selling, or encumbering any of Pasiphae's product and from transporting the product to any location other than the Sixth Street or Brickell Street Warehouses. The Court DECLINES TO ISSUE a writ of possession or turnover order at this time. The Court ORDERS Defendants to show cause as to: (1) why the terms of the temporary restraining order should not be converted to a preliminary injunction, to remain in effect until the final disposition of this action and (2) why a writ of possession and turnover order should not issue. The Court sets a hearing to address both Orders to Show Cause ("OSC") for Friday, April 28, 2023, at 1 P.M. Defendants must submit their response (or responses, if separately represented) to the OSCs on or before March 24, 2023. Pasiphae may file its opposition no later than April 7, 2023. Defendants may file their reply or replies no later than April 14, 2023. Absent leave of court, the parties are expected to address both OSCs in a single set of briefs subject to the ordinary page limits. The TRO granted herein shall remain in force until further order of this Court addressing the OSCs. IT IS SO ORDERED. (SEE ORDER FOR FURTHER DETAILS). (iva)
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| Filing 28 RESPONSE TO EX PARTE APPLICATION for Temporary Restraining Order #25 filed by Defendant Frank Sawaf. (shb) |
| Filing 27 This action has been reassigned to the Honorable Sunshine S. Sykes, United States District Judge. Judge Sykes 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 Sykes' 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 |
| Filing 26 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Sheri Pym to Judge Sunshine Suzanne Sykes for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Shashi H. Kewalramani. The case number will now reflect the initials of the transferee Judges 5:23-cv-00186 SSS(SHKx). (rn) |
| Filing 25 EX PARTE APPLICATION for Temporary Restraining Order as to marketing, selling or attempting to sell, encumbering or attempting to encumber, or relocating product , EX PARTE APPLICATION for Order to Show Cause re: why a writ of possession & turnover order should not issue, or in the alternative, why a preliminary injunction should not issue , EX PARTE APPLICATION for Preliminary Injunction re extending the temporary restraints , EX PARTE APPLICATION for Writ of possession and turnover order filed by Plaintiff Pasiphae Holdings, Inc.. (Attachments: #1 Supplement CD-100 Form, #2 Supplement CD-190 Form, #3 Memorandum Memo in Support, #4 Declaration Declaration of Federico Drada, #5 Declaration Declaration of Joseph MacLellan, #6 Declaration Declaration of Kory Ann Ferro, #7 Declaration Declaration of Kyle Weiner, #8 Declaration Declaration of Geoffrey Abadee, #9 Declaration Declaration of Marc Melham, #10 Proposed Order Proposed Order, #11 Letter Service Letter to Defendants, #12 Supplement Certificate of Service) (Koegle, Brian) |
| Filing 24 APPLICATION of Non-Resident Attorney Kory Ann Ferro to Appear Pro Hac Vice on behalf of Plaintiff Pasiphae Holdings, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 2/13/2023, Receipt No. ACACDC-34785699) filed by Plaintiff Pasiphae Holdings, Inc.. (Attachments: #1 Proposed Order) (Koegle, Brian) |
| Filing 23 APPLICATION of Non-Resident Attorney Kelly M. Purcaro to Appear Pro Hac Vice on behalf of Plaintiff Pasiphae Holdings, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 2/13/2023, Receipt No. ACACDC-34785529) filed by Plaintiff Pasiphae Holdings, Inc.. (Attachments: #1 Proposed Order) (Koegle, Brian) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Pasiphae Holdings, Inc., upon Defendant Ghazi Ashkar served on 2/14/2023, answer due 3/7/2023. Service of the Summons and Complaint were executed upon Ghazi Ashkar in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Koegle, Brian) |
| Filing 21 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Kory Ann Ferro to Appear Pro Hac Vice on behalf of Plaintiff Pasiphae Holdings, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34785699) #19 , APPLICATION of Non-Resident Attorney Kelly M. Purcaro to Appear Pro Hac Vice on behalf of Plaintiff Pasiphae Holdings, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 2/13/2023, Receipt No. ACACDC-34785529) #18 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Pasiphae Holdings, Inc., upon Defendant Delmar Commercial Real Estate Services served on 2/10/2023, answer due 3/3/2023. Service of the Summons and Complaint were executed upon Delmar Commercial Real Estate in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Koegle, Brian) |
| Filing 19 APPLICATION of Non-Resident Attorney Kory Ann Ferro to Appear Pro Hac Vice on behalf of Plaintiff Pasiphae Holdings, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34785699) filed by Plaintiff Pasiphae Holdings, Inc.. (Attachments: #1 Proposed Order Proposed Order) (Koegle, Brian) |
| Filing 18 APPLICATION of Non-Resident Attorney Kelly M. Purcaro to Appear Pro Hac Vice on behalf of Plaintiff Pasiphae Holdings, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 2/13/2023, Receipt No. ACACDC-34785529) filed by Plaintiff Pasiphae Holdings, Inc.. (Attachments: #1 Proposed Order Proposed Order) (Koegle, Brian) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Pasiphae Holdings, Inc., upon Defendant SE Logistix Corp. served on 2/9/2023, answer due 3/2/2023. Service of the Summons and Complaint were executed upon SE Logistix, Corp. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Koegle, Brian) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Pasiphae Holdings, Inc., upon Defendant Frank Sawaf served on 2/9/2023, answer due 3/2/2023. Service of the Summons and Complaint were executed upon Frank Sawaf in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Koegle, Brian) |
| Filing 15 CIVIL COVER SHEET filed by Plaintiff Pasiphae Holdings, Inc.. (Koegle, Brian) |
| Filing 14 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kory Ann Ferro. 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. (car) |
| Filing 13 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kelly M. Purcaro. 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. (car) |
| Filing 12 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Service of Summons and Complaint Returned Executed (21 days), #3 , Service of Summons and Complaint Returned Executed (21 days), #5 , Service of Summons and Complaint Returned Executed (21 days), #2 , Service of Summons and Complaint Returned Executed (21 days), #4 . The following error(s) was found: Other error(s) with document(s): Documents were e-filed under the wrong event. The docket entries have been modified to reflect the true description of the documents. In addition Attachment 1 to Item 2 is the case Civil Cover Sheet which should be e-filed separately. The correct event category is located under Civil Events - Other Filings - Miscellaneous Filings. (car) |
| Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant SE Logistix Corp. (car) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Frank Sawaf. (car) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Delmar Commercial Real Estate Services. (car) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Ghazi Ashkar. (car) |
| Filing 7 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Sheri Pym. (Attachments: #1 CV11-C) (car) |
| Filing 6 NOTICE of Interested Parties filed by Plaintiff Pasiphae Holdings, Inc., identifying N/A. (Koegle, Brian) |
| Filing 5 [Request for Clerk to Issue Summons on Complaint] Filed as PROOF OF SERVICE Executed by Plaintiff Pasiphae Holdings, Inc., upon Defendant FRANK SAWAF, a/k/a FAISAL M. ALSAWAF served on 2/3/2023, answer due 2/24/2023. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. (Koegle, Brian) Modified on 2/7/2023 (car). |
| Filing 4 [Request for Clerk to Issue Summons on Complaint] Filed as PROOF OF SERVICE Executed by Plaintiff Pasiphae Holdings, Inc., upon Defendant GHAZI ASHKAR served on 2/3/2023, answer due 2/24/2023. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. (Koegle, Brian) Modified on 2/7/2023 (car). |
| Filing 3 [Request for Clerk to Issue Summons on Complaint] Filed as PROOF OF SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Pasiphae Holdings, Inc., upon Defendant DELMAR COMMERCIAL REAL ESTATE SERVICES, a California Corporation served on 2/3/2023, answer due 2/24/2023. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Koegle, Brian) Modified on 2/7/2023 (car). |
| Filing 2 [Request for Clerk to Issue Summons on Complaint] Filed as PROOF OF SERVICE Executed by Plaintiff Pasiphae Holdings, Inc., upon Defendant SE LOGISTIX, CORP., a California Corporation served on 2/3/2023, answer due 2/24/2023. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. (Attachments: #1 Civil Cover Sheet UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA CIVIL COVER SHEET)(Koegle, Brian) Modified on 2/7/2023 (car). |
| Filing 1 COMPLAINT Receipt No: ACACDC-34740483 - Fee: $402, filed by Plaintiff Pasiphae Holdings, Inc.. (Attachments: #1 Exhibit EXHIBIT K, #2 Exhibit EXHIBIT M, #3 Exhibit EXHIBIT J, #4 Exhibit EXHIBIT L, #5 Exhibit EXHIBIT G, #6 Exhibit EXHIBIT E, #7 Exhibit EXHIBIT H, #8 Exhibit EXHIBIT F, #9 Exhibit EXHIBIT I, #10 Exhibit EXHIBIT C, #11 Exhibit EXHIBIT D, #12 Exhibit EXHIBIT B, #13 Exhibit EXHIBIT N, #14 Exhibit EXHIBIT A) (Attorney Brian Edward Koegle added to party Pasiphae Holdings, Inc.(pty:pla))(Koegle, Brian) |
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