Shannon Smith et al v. Closet World, Inc.
| Shannon Smith |
| Closet World, Inc., Jon Derek Farren, Home Organizers Inc., Does 3-50, inclusive, Action Marketing, LLC and Derek Farren |
| James DeRoche |
| 8:2016cv01584 |
| August 26, 2016 |
| US District Court for the Central District of California |
| Alexander F MacKinnon |
| Josephine L Staton |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 30, 2017. A more recent docket listing may be available from PACER.
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Filing 67
ORDER by Judge Josephine L. Staton Denying Request for Approval of Substitution of Attorney #63 . Application is incomplete, Section III. (dro)
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Filing 66
ORDER of Dismissal #59 by Judge Josephine L. Staton: Upon stipulation of the parties, and good cause appearing, IT IS HEREBY ORDERED that this action is DISMISSED WITH PREJUDICE as to named Plaintiff Shannon Smith, only, and WITHOUT PREJUDICE as to the remaining putative class members. (Made JS-6. Case Terminated.) (lwag)
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| Filing 65 MINUTES OF Hearing Re Notice of Dismissal and Settlement Agreement held before Judge Josephine L. Staton: Formal Order to follow. Court Reporter: Deborah Parker. (twdb) |
| Filing 64 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #63 . The following error(s) was found: Incorrect event selected. The correct event is: Request to substitution attorney. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (twdb) |
| Filing 63 Defendant Jon Derek Farren's Request for Approval of Substitution or Withdrawal of Attorney (Attachments: #1 Proposed Order on Request for Approval of Substitution or Withdrawal of Attorney)(Armanini, David) |
| Filing 62 SEALED DOCUMENT Supplemental Brief in Support of Amended Notice of Dismissal re Sealed Document, #60 , Notice of Voluntary Dismissal of an Action (Pursuant to FRCP 41a(1)), #59 , Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #61 filed by Plaintiff Shannon Smith. (Attachments: #1 Exhibit 1, #2 Declaration of Zach P. Dostart in Support of Supplemental Brief, #3 Declaration of Shannon Smith in Support of Supplemental Brief, #4 Proof of Service)(Dostart, Zachariah) |
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Filing 61
MINUTE (IN CHAMBERS) Order Re: Notice of Voluntary Dismissal #59 by Judge Josephine L. Staton: The Court therefore finds that additional information is necessary before it can approve the dismissal of this case. The Court ORDERS Plaintiff to file within five (5) days of the date of this Order a supplemental brief addressing the concerns articulated above. The brief may be file under seal without further Order of the Court. The Court also SCHEDULES a hearing on the Notice of Dismissal and the parties' settlement agreement for March 24, 2017 at 2:30 p.m. (lwag)
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| Filing 60 SEALED DOCUMENT Declaration of Zach P. Dostart in Support of Amended Notice of Dismissal re Minutes of In Chambers Order/Directive - no proceeding held #58 filed by Plaintiff Shannon Smith. (Attachments: #1 Proof of Service)(Hannink, James) |
| Filing 59 NOTICE of Voluntary Dismissal filed by Plaintiff Shannon Smith. Dismissal is with prejudice as to Plaintiff's individual claim and without prejudice as to claims of putative class members. (Attachments: #1 Proof of Service)(Hannink, James) |
| Filing 58 MINUTE IN CHAMBERS by Judge Josephine L. Staton: Order Denying Notice of Voluntary Dismissal #57 . (mt) |
| Filing 57 NOTICE of Voluntary Dismissal filed by Plaintiff Shannon Smith. Dismissal is with prejudice as to Plaintiffs individual claim and without prejudice as to the claims of putative class members. (Attachments: #1 Proof of Service)(Hannink, James) |
| Filing 56 NOTICE of Withdrawal of Motion to Dismiss [Docket No. 45] filed by Defendant Jon Derek Farren. (Armanini, David) |
| Filing 55 Notice of Withdrawal of Motion to Dismiss Case, #38 filed by Defendant Closet World, Inc.. (Geibelson, Michael) |
| Filing 54 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative, to Strike Second Amended Complaint #38 filed by Defendant Closet World, Inc.. (Geibelson, Michael) |
| Filing 53 REPLY in support of Motion to Dismiss NOTICE OF MOTION AND MOTION to Dismiss Defendant Jon Derek Farren #45 filed by Defendant Jon Derek Farren. (Armanini, David) |
| Filing 52 NOTICE filed by Plaintiff Shannon Smith. OF RECENT AUTHORITY IN OPPOSITION TO DEFENDANT CLOSET WORLD, INC.'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, TO STRIKE SECOND AMENDED COMPLAINT (Attachments: #1 Proof of Service)(Hannink, James) |
| Filing 51 Opposition to Jon Derek Farren's Motion to Dismiss, or in the Alternative, to Strike Second Amended Complaint re: NOTICE OF MOTION AND MOTION to Dismiss Defendant Jon Derek Farren #45 filed by Plaintiff Shannon Smith. (Attachments: #1 Proof of Service)(Hannink, James) |
| Filing 50 Opposition to Defendant Closet World, Inc.'s Motion to Dismiss, or in the Alternative, to Strike Second Amended Complaint re: NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative, to Strike Second Amended Complaint #38 filed by Plaintiff Shannon Smith. (Attachments: #1 Proof of Service)(Hannink, James) |
| Filing 49 SCHEDULING NOTICE by Judge Josephine L. Staton: On the Court's own motion, Defendant Jon Derek Farren's Motion to Dismiss/Strike Plaintiffs' Second Amended Complaint #45 , is ordered ADVANCED, and shall be heard February 17, 2017 at 2:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tg) TEXT ONLY ENTRY |
| Filing 48 NOTICE of Interested Parties filed by Defendant Jon Derek Farren, (Armanini, David) |
| Filing 47 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) James DeRoche has been assigned to serve as Panel Mediator. (mb) |
| Filing 46 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Defendant Jon Derek Farren #45 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (es) |
| Filing 45 NOTICE OF MOTION AND MOTION to Dismiss Defendant Jon Derek Farren filed by Defendant Jon Derek Farren. Motion set for hearing on 4/7/2017 at 02:30 PM before Judge Josephine L. Staton. (Attachments: #1 Proposed Order Granting Defendant's Motion to Dismiss or, in the Alternative, Motion to Strike) (Attorney David P Armanini added to party Jon Derek Farren(pty:dft)) (Armanini, David) |
| Filing 44 Notice of Withdrawal of Stipulation Regarding Selection of Panel Mediator (Assigned) - (ADR-2), #42 filed by Plaintiff Shannon Smith. (Attachments: #1 Proof of Service)(Hannink, James) |
| Filing 43 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties request that the ADR Program assign a Panel Mediator from the following area of law: Class Actions and TCPA. Filed by Plaintiff Shannon Smith (Attachments: #1 Proof of Service)(Hannink, James) |
| Filing 42 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties request that the ADR Program assign a Panel Mediator from the following area of law: Class Actions and TCPA. Filed by Plaintiff Shannon Smith (Attachments: #1 Proof of Service)(Hannink, James) |
| Filing 41 PROOF OF SERVICE Executed by Plaintiff Shannon Smith, upon Defendant Jon Derek Farren served on 12/15/2016, answer due 1/10/2017. Service of the Summons and Complaint were executed upon Jon Derek Farren aka Derek Farren in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. Defendant Jon Derek Farren also returned an Acknowledgment of Service which was e-filed (See Dkt. 40) (Hannink, James) |
| Filing 40 PROOF OF SERVICE Executed by Plaintiff Shannon Smith, upon Defendant Jon Derek Farren served on 12/20/2016, answer due 1/10/2017. Service of the Summons and Complaint were executed upon Jon Derek Farren a/k/a Derek Farren in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. Acknowledgment of Service Signed 12/20/2016 (Hannink, James) |
| Filing 39 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative, to Strike Second Amended Complaint #38 . The following error(s) was found: Proposed Document was not submitted as separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (lwag) |
| Filing 38 NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative, to Strike Second Amended Complaint filed by Defendant Closet World, Inc.. Motion set for hearing on 2/17/2017 at 02:30 PM before Judge Josephine L. Staton. (Attachments: #1 Declaration of Mary Rieman, #2 Declaration of Derek Farren) (Geibelson, Michael) |
| Filing 37 STIPULATION to Dismiss Defendant Home Organizers Inc. filed by Plaintiff Shannon Smith. (Attachments: #1 Proof of Service)(Hannink, James) |
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Filing 36
ORDER/REFERRAL to ADR Procedure No. 2 by Judge Josephine L. Staton. Case is ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 5/1/2018. (tg)
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| Filing 35 CIVIL TRIAL ORDER for cases assigned to Judge Josephine L. Staton. (tg) |
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Filing 34
MINUTE ORDER (IN CHAMBERS) SCHEDULING ORDER by Judge Josephine L. Staton: On the Courts own motion, the Scheduling Conference set for hearing December 16, 2016 is VACATED and taken off calendar, and the following dates are set: Final Pretrial Conference, 6/29/2018 at 1:30 p.m.; Exhibit Conference, 7/20/2018 at 3:30 p.m.; Jury Trial, 7/24/2018 at 9:00 a.m. See document for further dates and details. (tg)
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| Filing 33 MINUTES (IN CHAMBERS) by Judge Josephine L. Staton ORDER STRIKING DEFENDANTS' #28 MOTION TO DISMISS, OR IN THE ALTERNATIVE, TO STRIKE SECOND AMENDED COMPLAINT: (see document image for specifics). Accordingly, there is no showing that the parties met and conferred as to this particular Motion. The Court therefore finds that Defendants fail to satisfy the meet and confer obligations expressly set forth in Local Rule 7-3. Accordingly, the Motion to Dismiss is STRICKEN. (ad) |
| Filing 32 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 days, filed by Plaintiff Shannon Smith.. (Attachments: #1 Exhibit A, #2 Proof of Service)(Hannink, James) |
| Filing 31 Notice of Withdrawal of Motion to Dismiss Case, #19 filed by Defendants Closet World, Inc., Home Organizers Inc.. (Geibelson, Michael) |
| Filing 30 PROOF OF SERVICE Executed by Plaintiff Shannon Smith, upon Defendant Action Marketing, LLC served on 11/28/2016, answer due 12/19/2016. Service of the Summons and Complaint were executed upon Substitute Service on Tara Dudum on 11/16/2016 and Mail Service on Action Marketing, LLC on 11/18/2016 in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Hannink, James) |
| Filing 29 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative, to Strike Second Amended Complaint #28 . The following error(s) was found: Proposed Document was not submitted as separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (dv) |
| Filing 28 NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative, to Strike Second Amended Complaint filed by Defendants Closet World, Inc., Home Organizers Inc.. Motion set for hearing on 1/20/2017 at 02:30 PM before Judge Josephine L. Staton. (Attachments: #1 Declaration of Gerard Thompson, #2 Declaration of Mary Rieman, #3 Declaration of Derek Farren) (Geibelson, Michael) |
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Filing 27
ORDER by Judge Josephine L. Staton granting #26 EX PARTE APPLICATION for Relief. Having reviewed Plaintiff's Ex Parte Application for Relief from L.R. 23-3, and finding good cause therefor, IT IS HEREBY ORDERED that the 90-day deadline of L.R. 23-3 shall not apply to this action. The parties are ordered to address the briefing schedule for the motion for class certification in their Rule 26(f) report. (See Order Setting Scheduling Conf., Doc. 20.) IT IS SO ORDERED. (dro)
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| Filing 26 EX PARTE APPLICATION for Relief from L.R. 23-3 filed by Plaintiff Shannon Smith. (Attachments: #1 Declaration of James T. Hannink in Support of Plaintiff's Ex Parte Application for Relief from L.R. 23-3, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order, #5 Proof of Service) (Hannink, James) |
| Filing 25 21 DAY Summons Issued re Amended Complaint/Petition #21 as to defendant Action Marketing, LLC. (dro) |
| Filing 24 21 DAY Summons Issued re Amended Complaint/Petition #21 as to defendant Jon Derek Farren. (dro) |
| Filing 23 Request for Clerk to Issue Summons on Amended Complaint/Petition #21 filed by Plaintiff Shannon Smith. (Dostart, Zachariah) |
| Filing 22 Request for Clerk to Issue Summons on Amended Complaint/Petition #21 filed by Plaintiff Shannon Smith. (Dostart, Zachariah) |
| Filing 21 Second AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery), Amended Complaint/Petition #13 , filed by Plaintiff Shannon Smith (Attachments: #1 Exhibit 1, #2 Proof of Service)(Dostart, Zachariah) |
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Filing 20
ORDER SETTING SCHEDULING CONFERENCE by Judge Josephine L. Staton. Scheduling Conference is set for 12/16/2016 at 1:30 p.m. See attached Order for details. (tg)
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| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative, to Strike filed by Defendants Closet World, Inc., Home Organizers Inc.. Motion set for hearing on 1/20/2017 at 02:30 PM before Judge Josephine L. Staton. (Attachments: #1 Declaration of Gerard A. Thompson, #2 Declaration of Mary Rieman, #3 Declaration of Derek Farren) (Geibelson, Michael) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Shannon Smith, upon Defendant Action Marketing, LLC served on 10/14/2016, answer due 11/4/2016. Service of the Summons and Complaint were executed upon Tara Dudum, Esq., Attorney, authorized person to accept service of process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Dostart, Zachariah) |
| Filing 17 21 DAY Summons Issued re Amended Complaint/Petition #13 as to defendant Action Marketing, LLC. (dro) |
| Filing 16 Request for Clerk to Issue Summons on Amended Complaint/Petition #13 filed by Plaintiff Shannon Smith. (Dostart, Zachariah) |
| Filing 15 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #14 . The following error(s) was found: Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. The name and address of the attorney for plaintiff(s)must be entered in the appropriate field. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (dro) |
| Filing 14 Request for Clerk to Issue Summons on Amended Complaint/Petition #13 filed by Plaintiff Shannon Smith. (Dostart, Zachariah) |
| Filing 13 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery),, filed by Plaintiff Shannon Smith (Attachments: #1 Exhibit 1, #2 Proof of Service)(Dostart, Zachariah) |
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Filing 12
ORDER by Judge Josephine L. Staton Granting Stipulation for Leave to File First Amended Complaint #11 . Presently before the Court is the parties' Stipulation for Leave to File First Amended Complaint. Good cause appearing, it is hereby ordered that Plaintiff is granted leave to file the proposed First Amended Complaint. IT IS SO ORDERED. (dro)
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| Filing 11 STIPULATION for Leave to to File First Amended Complaint filed by Plaintiff Shannon Smith. (Attachments: #1 Exhibit A to Stipulation, #2 Proposed Order, #3 Proof of Service)(Dostart, Zachariah) |
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Filing 10
ORDER on Stipulation to Extend Time to Respond to Complaint #9 by Judge Josephine L. Staton: Based upon the foregoing Stipulation and good cause appearing therefore, IT IS HEREBY ORDERED THAT: Defendants' time within which to answer or otherwise serve and file a response to the initial Complaint or the Amended Complaint shall be and hereby is extended to October 31, 2016. (lwag)
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| Filing 9 STIPULATION for Extension of Time to File Answer to October 31, 2016 filed by Defendants Closet World, Inc., Home Organizers Inc.. (Attachments: #1 Proposed Order)(Geibelson, Michael) |
| Filing 8 STIPULATION Extending Time to Answer the complaint as to Home Organizers Inc. answer now due 9/30/2016; Closet World, Inc. answer now due 9/30/2016, filed by Defendants Home Organizers Inc.; Closet World, Inc..(Geibelson, Michael) |
| Filing 7 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON. (tg) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge Alexander F. MacKinnon. (et) |
| Filing 4 PROOF OF SERVICE filed by Defendants Closet World, Inc., Home Organizers Inc., re Notice of Removal (Attorney Civil Case Opening), #1 , Corporate Disclosure Statement #3 , Civil Cover Sheet (CV-71) #2 served on 8/26/2016. (Geibelson, Michael) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT and Notice of Interested Parties filed by Defendants Closet World, Inc., Home Organizers Inc. (Geibelson, Michael) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Closet World, Inc., Home Organizers Inc.. (Geibelson, Michael) |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2016-00866249-CU-MC-CXC Receipt No: 0973-18446750 - Fee: $400, filed by Defendants Home Organizers Inc., Closet World, Inc.. (Attachments: #1 Exhibit A - Complaint) (Attorney Michael A Geibelson added to party Closet World, Inc.(pty:dft), Attorney Michael A Geibelson added to party Home Organizers Inc.(pty:dft))(Geibelson, Michael) |
| CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants Closet World, Inc., Does 1-50, inclusive, Home Organizers Inc. Jury Demanded., filed by Plaintiff Shannon Smith. [FILED IN STATE COUR TON 7/27/2016 SUBMITTED ATTACHED TO EXHIBIT A TO NOTICE OF REMOVAL AS ATTACHMENT #1] (et) |
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