John Pierce et al v. Jeanne M Rowzee et al
| James L. Frey MD Research LTD, Thuan Phan, John M Powers, Sr, Barbara Wojtyna, Bernie Germani, Sr, Robert Culver, Greg Velastegui, Proclaim, John Wojtyna, James Michael Frey, Thomas Hazen, Yves Halliburton, Marc Halliburton, Anthony Edwards, -, Marilyn Platfoot, Michael Manser, Lisa Lowe, Dennis W Wilson, Steven Cox, Randal Whittle, Steve Lowe, Amy Frey, Kebo Investments, John M Powers, Jr, Crossroads Development Inc, Jason Wojtyna, Diane R Tooker, Ed Sherman, Builders Financial Expeditors LLC, Melissa J Powers, The Lawson Marketing Group Inc, Reed Hummel, Amy Manser, Jane McElroy, Brandon Keenen, Larry Rabineau, Gary L Tooker, John M Powers, Sr doing business as American Home Loans, James E Lawson, Michael Hefner, James L Frey, Trent Walker, Robert Halliburton, Claudine Halliburton, Kilpatrick Investments LP, John Pierce and Bernie Germani, Jr |
| Susan H Halstead, Jeanne M Rowzee, GAMEPLANJH LLC, James R Halstead, Game Plan Inc, Patricia J Elliott, James Chincholl, Bailey Investments LLC, Jaime Barker and Does 1 through 10, inclusive |
| Does 1 through 10 |
| Gameplan |
| 8:2007cv00591 |
| May 23, 2007 |
| US District Court for the Central District of California |
| Southern Division - Santa Ana Office |
| Orange |
| David O Carter |
| Arthur Nakazato |
| Securities/Commodities |
| 15 U.S.C. § 77 |
| Plaintiff |
Docket Report
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| Filing 47 MINUTES OF IN CHAMBERS ORDER DISMISSING CASE WITHOUT PREJUDICE held before Judge David O. Carter: On November 26, 2007, this matter was consolidated into case lead case SACV07-0393 DOC(ANx). A Consolidated Complaint was filed in lead case SACV07-0393 DOC(ANx) on May 12, 2008. Accordingly, the Court orders this matter dismissed. (Made JS-6. Case Terminated.) (kh) |
| Filing 45 NOTICE OF CLERICAL ERROR: NOTICE OF ELECTRONIC FILING failed during initial docketing, re: DEFAULT BY CLERK #44 . (DEFAULT BY CLERK #44 attached to this Notice). (rla) |
| Filing 44 DEFAULT BY CLERK ENTERED as to Defendants Jeanne M Rowzee, Patricia J Elliott, Bailey Investments LLC. (rla) |
| Filing 46 TRANSCRIPT of Proceedings on Scheduling Conference filed for proceedings held on 10/29/7 Court Reporter: Debbie Gale. (ade) |
Filing 43
ORDER GRANTING Plaintiff's MOTION TO CONSOLIDATE by Judge David O. Carter. The following actions are deemed consolidated: Marticela Dusky v. Bellasaire Investments SA07CV874DOC(ANx); Mack-University and PMP Ventures-PIPES v. James Halstead SA07CV393DOC(ANx); John Pierce v. Jeanne Rowzee SA07CV591DOC(ANx); and Ernie Burnett v. Jeanne Marie Rowzee SA07CV641DOC(ANx). (smi)
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Filing 41
MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter: the Court hereby ORDERS that the following cases shall be consolidated for all purposes: Mack-University & PMP Ventures-PIPEs, LLC v. James Halstead, SACV 07-393 DOC (ANx); John Pierce, et al. v. Jeanne M. Rowzee, et al., SACV 07-591 DOC (Anx) and Ernie Burnett, etc., et al. v. Jeanne Marie Rowzee, et al., SACV 07-641 DOC (ANx). Counsel are advised that all documents shall now be filed under SACV 07-393 DOC (ANx), designated as the LEAD case. Maricela Dusky, et al., v. Bellasaire Investments, et al., SACV 07-874 AG (VBKx) is currently assigned to Judge Andrew Guilford, and will not be considered at this time. The Court will delay ruling pending receipt and consideration of the Related Case Transfer Order. Additionally, C. Timothy Smoot is hereby DISQUALIFIED from representing any party in any of the newly consolidated actions. The Clerk shall serve this minute order on all parties to the action. (rla)
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| Filing 40 MINUTES OF IN CHAMBERS ORDER TAKING MATTER UNDER SUBMISSION held before Judge David O. Carter re: MOTION by Plaintiffs to Consolidate Actions 37 . Court finds matter appropriate for decision without oral argument. Accordingly, the motion hearing and Scheduling Conference set November 26, 2007 at 8:30 a.m. is removed from the calendar. (kh) |
| Filing 39 REPLY to Opposition to Motion for Order to Consolidate Actions 37 ; filed by Plaintiffs John Pierce, et al. (te) |
| Filing 42 NOTICE OF NON-OPPOSITION to Plaintiff John Pierce's MOTION to Consolidate Actions 37 filed by defendant Equipoint Financial Network Inc. (ad) |
| Filing 37 NOTICE OF MOTION AND MOTION to Consolidate Cases, as to SACV07-641 DOC (ANx), SACV07-393 DOC (ANx), filed by Plaintiff John Pierce. Motion set for hearing on 11/26/2007 at 8:30 AM before Judge David O. Carter. LODGED ORDER. (te) |
| Filing 36 PROOF OF SERVICE filed by Plaintiff John Pierce, Re Summons Issued, Amended Complaint 13 served on Defendant Baily Investments, LLC - Agent of Service is Jeanne M. Rowzee (Rosa Lopez, live in maid) on 8/22/2007 by substituted service and 8/24/2007 by U. S. Mail. (te) |
| Filing 35 PROOF OF SERVICE filed by Plaintiff John Pierce, Re Summons Issued, Amended Complaint 13 served on Defendant Patricia J. Elliott (Rosa Lopez, live in maid) on 8/22/2007 by substituted service and 8/24/2007 by U. S. Mail. (te) |
| Filing 34 PROOF OF SERVICE filed by Plaintiff John Pierce, Re Summons Issued, Amended Complaint 13 served on Defendant Jeanne M. Rowzee (Rosa Lopez, live in maid) on 8/22/2007 by substituted service and 8/24/2007 by U. S. Mail. (te) |
| Filing 33 DECLARATION OF WILLIAM L. BUUS in support of Plaintiffs' Amended Request to Clerk to Enter Default of Defendants Jeanne M. Rowzee, Patricia J. Elliott and Bailey Investments, LLC 27 ; filed by Plaintiff John Pierce. (te) |
| Filing 32 PLAINTIFFS' AMENDED REQUEST to Clerk to Enter Default of Defendants Jeanne M. Rowzee, Patricia J. Elliott and Bailey Investments, LLC 27 ; filed by Plaintiff John Pierce. (te) |
| Filing 38 MINUTES OF Scheduling Conference held before Judge David O. Carter: Discussion between Court and counsel regarding possible consolidation with SACV07-0641 DOC(ANx) and SACV07-0393 DOC(ANx). Plaintiffs advise Court that they will be seeking consolidation. Court sets Consolidation Motion hearing on November 26, 2007 at 8:30 a.m. Oppositions due on or before November 16, 2007. Replies due on or before November 20, 2007. (kh) |
| Filing 31 NOTICE OF DEFICIENCY Re: REQUEST for Entry of Default against defendant Bailey Investments LLC 27 . The Clerk cannot enter the requested relief as No Waiver of service on file; name of agent served not indicated. (rla) |
| Filing 30 NOTICE OF DEFICIENCY Re: REQUEST for Entry of Default against defendant Patricia J Elliott 27 . The Clerk cannot enter the requested relief as No waiver of service on file or Notice of Acknowledgment and Receipt; Proof of Service lacks name/or description of person that received substitute service and lacks the dates and times of attempts to effectuate service on defendant. (rla) |
| Filing 29 NOTICE OF DEFICIENCY Re: REQUEST for Entry of Default against defendants Jeanne M Rowzee 27 . The Clerk cannot enter the requested relief as No waiver of service on file or Notice of Acknowledgment and Receipt; Proof of Service lacks name/or description of person that received substitute service and lacks the dates and times of attempts to effectuate service on defendant. (rla) Modified on 10/25/2007 (rla, ). |
| Filing 21 NOTICE OF DISMISSAL filed by plaintiff John Pierce et al, pursuant to FRCP 41a(1) as to James Chincholl. (rla) |
| Filing 22 JOINT STATUS REPORT and Discovery Plan. Estimated length of trial 4-5 (four to five) weeks; filed by Plaintiffs John Pierce, et al., Counterclaim Defendant Thuan Phan and Defendants James R. Halstead, Susan H. Halstead, Game Plan, Inc., GameplanJH LLC, Jaime Barker. (te) |
| Summons Issued re Crossclaim 20 . (ad) |
| Filing 28 DECLARATION of William L. Buus In Support Of REQUEST for Entry of Default against defendants Jeanne M Rowzee, Patricia J Elliott, Bailey Investments LLC 27 ; filed by Plaintiffs Steven Cox, Builders Financial Expeditors LLC, Robert Culver, Crossroads Development Inc., et al. (rla) |
| Filing 27 REQUEST for Entry of Default against defendants Jeanne M Rowzee, Patricia J Elliott, Bailey Investments LLC; filed by plaintiffs Anthony Edwards, Steven Cox, Thomas Hazen, James L Frey(individually), James L Frey(as trustee of the James L. Frey Trust and David N. Frey Trust), James Michael Frey, Amy Frey, Marc Halliburton, Builders Financial Expeditors LLC, Robert Culver, Claudine Halliburton, Robert Halliburton, Yves Halliburton, Bernie Germani, Sr, Bernie Germani, Jr, Crossroads Development Inc, et al. (rla) |
| Filing 26 PROOF OF SERVICE Executed by Plaintiffs, upon Jeanne M Rowzee served on 8/22/2007, answer due 9/11/2007. The Summons and Second Amended Complaint were served by substituted service, by State statute. Due Dilligence. Original Summons not returned. (ad) |
| Filing 25 PROOF OF SERVICE Executed by Plaintiffs, upon Bailey Investments LLC served on 8/22/2007, answer due 9/11/2007. The Summons and Second Amended Complaint were served by substituted service, by State statute, upon Jeanne M Rowzee, Sole Shareholder. Due Dilligence. Original Summons not returned. (ad) |
| Filing 24 PROOF OF SERVICE Executed by Plaintiffs, upon Patricia Elliott served on 8/22/2007, answer due 9/11/2007. The Summons and Second Amended Complaint were served by substituted service, by State statute. Due Dilligence. Original Summons not returned. (ad) |
| Filing 23 ANSWER to Crossclaim 20 with Jury Demand filed by cross defendant Thuan Phan.(ad) |
| Filing 20 CROSS COMPLAINT against Cross Claim Defendants Does 1 through 10, Jeanne M Rowzee, Thuan Phan; filed by Cross Claim Plaintiffs Gameplan, James R Halstead.(rla) |
| Filing 19 CERTIFICATION AND NOTICE of Interested Parties filed by Defendants James R Halstead, Susan H Halstead, GAMEPLANJH LLC, Game Plan Inc. (kh) |
| Filing 18 ANSWER to Second Amended Complaint 13 filed by defendants James R Halstead, GAMEPLANJH LLC, Game Plan Inc. (kh) |
| Filing 17 ANSWER to Second Amended Complaint 13 filed by defendant Jaime Barker.(kh) |
| Filing 16 ANSWER to Second Amended Complaint 13 filed by defendant Susan H Halstead. (kh) |
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Filing 15
STIPULATION AND ORDER by Judge David O. Carter : Defendants James Halstead, GamePlan Inc, GameplanJH LLC, Jaime Barker, and Susan Halstead shall file their responses to the Second Amended Complaint on 9/10/07.(esa)
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Filing 14
ORDER by Judge David O. Carter: Scheduling Conference set for 10/29/2007 08:30 AM before Judge David O. Carter. (kh)
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| Filing 13 SECOND AMENDED COMPLAINT against defendants Jeanne M Rowzee, Patricia J Elliott, Bailey Investments LLC, James R Halstead, Susan H Halstead, GAMEPLANJH LLC, Game Plan Inc, Jaime Barker, James Chincholl, Does 1 through 10, inclusive amending FIRST Amended Complaint 4 ; filed by plaintiffs Michael Hefner, Kebo Investments, Brandon Keenen, James L Frey, James L Frey, James Michael Frey, Amy Frey, James L. Frey MD Research LTD, Anthony Edwards, Reed Hummel, Steven Cox, Thomas Hazen, Melissa J Powers(individually), Melissa J Powers(co-trustee of the Powers Trust Investments Defined Benefit Pension Plan), Gary L Tooker(individually), Gary L Tooker(trustee of the Tooker Family Trust), Diane R Tooker(individually), Diane R Tooker(as trustee of the Tooker Family Trust), Jason Wojtyna, Proclaim, Dennis W Wilson, James E Lawson(an individual), James E Lawson(as trustee for The Lawson Family Trust), The Lawson Marketing Group Inc, Larry Rabineau, Marc Halliburton, Builders Financial Expeditors LLC, John Pierce, Marilyn Platfoot, Robert Culver, Claudine Halliburton, Robert Halliburton, Yves Halliburton, Bernie Germani, Sr, Bernie Germani, Jr, Ed Sherman, Jane McElroy, Steve Lowe, Trent Walker, Lisa Lowe, Michael Manser, Amy Manser, John M Powers, Sr(individually), John M Powers, Sr, John M Powers, Sr(as trustee of the Powers Trust Investments DBPP, a defined benefit pension plan), John M Powers, Jr, Barbara Wojtyna, Kilpatrick Investments LP, Greg Velastegui, Crossroads Development Inc, Randal Whittle, Thuan Phan. (rla) |
| 20 days Summons Issued re Second Amended Complaint 13 as to Jeanne M Rowzee, Patricia J Elliott, Bailey Investments LLC, James R Halstead, Susan H Halstead, GAMEPLANJH LLC, Game Plan Inc, Jaime Barker, James Chincholl. (rla) Modified on 8/21/2007 (rla, ). |
| Filing 12 SECOND AMENDED COMPLAINT against defendants Jeanne M Rowzee, Patricia J Elliott, Bailey Investments LLC, James R Halstead, Susan H Halstead, GAMEPLANJH LLC, Game Plan Inc, Jaime Barker, James Chincholl, Does 1 through 10, inclusive amending First Amended Complaint 4 ,filed by plaintiffs Anthony Edwards, Reed Hummel, et al. Phan (esa) |
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Filing 10
ORDER by Judge David O. Carter GRANTING EX PARTE APPLICATION for leave to file Second Amended Complaint 9 (esa)
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| Filing 11 NOTICE OF LODGING Second Amended Complaint filed by plaintiffs Anthony Edwards, Reed Hummel, et al. (esa) |
| Filing 9 EX PARTE APPLICATION for leave to amend complaint; Memorandum of Points and Authorities; Declaration of William L Buus filed by plaintiffs Anthony Edwards, Reed Hummel, et al. Lodged Order.(esa) |
| Filing 8 DEFAULT BY CLERK ENTERED as to Defendant Patricia J Elliott (dmjr) |
| Filing 7 DECLARATION of W L Buus in support of REQUEST for Entry of Default against defendant Patricia J Elliott 6 . (dmjr) |
| Filing 6 REQUEST for Entry of Default by plaintiffs against defendant Patricia J Elliott (dmjr) |
| Filing 5 PROOF OF SERVICE Executed by plaintiffs Anthony Edwards, Reed Hummel, Thomas Hazen, Melissa J Powers(individually), Melissa J Powers(co-trustee of the Powers Trust Investments Defined Benefit Pension Plan), Gary L Tooker(individually), Gary L Tooker(trustee of the Tooker Family Trust), Diane R Tooker(individually), Diane R Tooker(as trustee of the Tooker Family Trust), Jason Wojtyna, Proclaim, Dennis W Wilson, James E Lawson(an individual), James E Lawson(as trustee for The Lawson Family Trust), The Lawson Marketing Group Inc, Larry Rabineau, Marc Halliburton, Builders Financial Expeditors LLC, John Pierce, Marilyn Platfoot, Robert Culver, Claudine Halliburton, Robert Halliburton, Yves Halliburton, Bernie Germani, Sr, Bernie Germani, Jr, Ed Sherman, Jane McElroy, Steve Lowe, Trent Walker, Lisa Lowe, Michael Manser, Amy Manser, John M Powers, Sr(individually), John M Powers, Sr, John M Powers, Sr(as trustee of the Powers Trust Investments DBPP, a defined benefit pension plan), John M Powers, Jr, Barbara Wojtyna, Kilpatrick Investments LP, Greg Velastegui, Crossroads Development Inc, Randal Whittle, Thuan Phan, upon Patricia J Elliott served on 5/29/2007, answer due 6/18/2007. The Summons and Complaint were served by personal service, by federal statute, upon Patricia J Elliott. Due Dilligence declaration not attached. Original Summons not returned. (dmjr) |
| Filing 4 FIRST AMENDED COMPLAINT against defendants Jeanne M Rowzee, Patricia J Elliott, Bailey Investments LLC, James R Halstead, Susan H Halstead, GAMEPLANJH LLC, Game Plan Inc, Jaime Barker, James Chincholl, Does 1 through 10, inclusive amending Complaint-(Discovery) 1 ; filed by plaintiffs Melissa J Powers, Gary L Tooker, Diane R Tooker,, Jason Wojtyna, Proclaim, Dennis W Wilson, Anthony Edwards, Reed Hummel, Steven Cox, Thomas Hazen, James E Lawson(an individual), James E Lawson(as trustee for The Lawson Family Trust), The Lawson Marketing Group Inc, Larry Rabineau, Marc Halliburton, Builders Financial Expeditors LLC, John Pierce, Marilyn Platfoot, Robert Culver, Claudine Halliburton, Robert Halliburton, Yves Halliburton, Bernie Germani, Sr, Bernie Germani, Jr, Ed Sherman, Jane McElroy, Steve Lowe, Trent Walker, Lisa Lowe, Michael Manser, Amy Manser, John M Powers, Sr(individually), John M Powers, Sr, John M Powers, Sr(as trustee of the Powers Trust Investments DBPP, a defined benefit pension plan), John M Powers, Jr, Barbara Wojtyna, Kilpatrick Investments LP, Greg Velastegui, Crossroads Development Inc, Randal Whittle, Thuan Phan. (rla) |
| FAX number for Attorneys William L Buus, Hubert H Kuo is 949-260-4721. (rla) |
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Filing 3
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 -Related Case- filed. Related Case No: SACV07-393 DOC (ANx). Case transfered from Judge Cormac J. Carney and Robert N. Block to Judge David O. Carter and Arthur Nakazato for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV07-591 DOC (ANx). Signed by Judge David O. Carter (ln, )
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| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Anthony Edwards, Reed Hummel, Steven Cox, Thomas Hazen, James E Lawson, James E Lawson, The Lawson Marketing Group Inc, Larry Rabineau, Marc Halliburton, Builders Financial Expeditors LLC, John Pierce, Marilyn Platfoot, Robert Culver, Claudine Halliburton, Robert Halliburton, Yves Halliburton, Bernie Germani, Sr, Bernie Germani, Jr, Ed Sherman, Jane McElroy, Steve Lowe, Trent Walker, Lisa Lowe, Michael Manser, Amy Manser, John M Powers, Sr, John M Powers, Sr, John M Powers, Sr, John M Powers, Jr, John Wojtyna, Barbara Wojtyna, Kilpatrick Investments LP, Greg Velastegui, Crossroads Development Inc, Randal Whittle, Thuan Phan. (ln, ) |
| Filing 1 COMPLAINT against Defendants Jeanne M Rowzee, Patricia J Elliott, Bailey Investments LLC, James R Halstead, Susan H Halstead, GAMEPLANJH LLC, Game Plan Inc, Jaime Barker, James Chincholl, Does 1 through 10, inclusive. (Filing fee $ 350) Jury Demand. filed by Plaintiffs Anthony Edwards, Reed Hummel, Steven Cox, Thomas Hazen, James E Lawson(an individual), James E Lawson(as trustee for The Lawson Family Trust), The Lawson Marketing Group Inc, Larry Rabineau, Marc Halliburton, Builders Financial Expeditors LLC, John Pierce, Marilyn Platfoot, Robert Culver, Claudine Halliburton, Robert Halliburton, Yves Halliburton, Bernie Germani, Sr, Bernie Germani, Jr, Ed Sherman, Jane McElroy, Steve Lowe, Trent Walker, Lisa Lowe, Michael Manser, Amy Manser, John M Powers, Sr(individually), John M Powers, Sr, John M Powers, Sr(as trustee of the Powers Trust Investments DBPP, a defined benefit pension plan), John M Powers, Jr, John Wojtyna, Barbara Wojtyna, Kilpatrick Investments LP, Greg Velastegui, Crossroads Development Inc, Randal Whittle, Thuan Phan.(ln, ) |
| 20 Day Summons Issued re Complaint - (Discovery) 1 as to Jeanne M Rowzee, Patricia J Elliott, Bailey Investments LLC, James R Halstead, Susan H Halstead, GAMEPLANJH LLC, Game Plan Inc, Jaime Barker, James Chincholl, Does 1 through 10, inclusive. (ln, ) |
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