Vivian Konopasek v. Ten Associates, LLC et al
| Vivian Konopasek |
| TACTICAL SERVICES, INC., Francisco Acosta, 12 RETECH CORPORATION, Tom Nelson, Albert Wright, Jocelyn Alcantra, Nathan Xian, Samuel Sung, Ten Associates, LLC and Thomas Li |
| Vivian Konopaske |
| Daniel Monteverde and Angelo Pnzetta |
| 8:2018cv00272 |
| February 16, 2018 |
| US District Court for the Central District of California |
| Douglas F McCormick |
| James V Selna |
| Securities/Commodities |
| 12 U.S.C. § 22 |
| Plaintiff |
Docket Report
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| Filing 63 STIPULATION to Dismiss Defendants 12 Retech Corporation, Tom Nelson, Ten Associates, LLC filed by Plaintiff Vivian Konopasek.(Mader, Christopher) |
Filing 62
ORDER RE: FILING OF FIRST AMENDED COMPLAINT by Judge James V. Selna, Good cause appearing, Plaintiff shall file her First Amended Complaint on or before April 22, 2019. #61 (es)
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| Filing 61 STIPULATION for Extension of Time to File FAC filed by Plaintiff Vivian Konopasek. (Attachments: #1 Proposed Order)(Mader, Christopher) |
| Filing 60 STIPULATION for Extension of Time to Amend filed by Plaintiff Vivian Konopasek. (Attachments: #1 Proposed Order Proposed Order)(Mader, Christopher) |
| Filing 59 STIPULATION to Stay Case filed by Plaintiff Vivian Konopasek. (Attachments: #1 Proposed Order)(Mader, Christopher) |
| Filing 58 STIPULATION to Stay Case pending Settlement Discussion filed by Plaintiff Vivian Konopasek. (Attachments: #1 Proposed Order Proposed Order)(Mader, Christopher) |
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Filing 57
MINUTE ORDER (IN CHAMBERS) Order Setting Case Management Dates by Judge James V. Selna: The Court, having received and reviewed the parties Joint Report of Early Meeting - and Exhibit A filed October 16, 2018 (Dkt. Nos. 54 & 55) hereby sets the case management dates as follows: Jury Trial January 7, 2020 at 8:30 a.m. Final PreTrial Conference December 9, 2019at 11:00 a.m. Discovery Cut-off September 11, 2019. Law and Motion Cut-off November 4, 2019 at 1:30 p.m. *See order for further details. (es)
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Filing 56
MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANT'S MOTION TO DISMISS #50 by Judge James V. Selna: The Court, having been informed by the parties in this action that they submit on the Court's tentative ruling previously issued, hereby GRANTS the Defendants' Motion to Dismiss and rules in accordance with the tentative ruling as follows: For the foregoing reasons, the Court grants the motion to dismiss without prejudice. Konopasek is granted leave to amend and replead her claims within thirty (30) days to address the deficiencies identified in this order. *See order for further details.* (es)
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| Filing 55 REPORT of RULE 26 filed by Plaintiff Vivian Konopasek. (Mader, Christopher) |
| Filing 54 REPORT REPORT of RULE 26(F) MEETING filed by Plaintiff Vivian Konopasek. (Mader, Christopher) |
| Filing 53 (IN CHAMBERS) The Court, on its own motion, CONTINUES the Scheduling Conference, previously set for 10/15/2018 at 11:30 AM, to MONDAY, 10/22/2018 at 1:30 PM before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kt) TEXT ONLY ENTRY |
| Filing 52 (IN CHAMBERS) The Court, on its own motion, CONTINUES the Hearing on Defendants' MOTION to Dismiss all causes of action in the First Amended Complaint #50 , previously scheduled for 10/15/2018 at 1:30 PM, to MONDAY, 10/22/2018 at 1:30 PM before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kt) TEXT ONLY ENTRY |
| Filing 51 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss all causes of action in the First Amended Complaint #50 filed by Plaintiff Vivian Konopasek. (Mader, Christopher) |
| Filing 50 NOTICE OF MOTION AND MOTION to Dismiss all causes of action in the First Amended Complaint filed by Defendants 12 Retech Corporation, Tom Nelson, Ten Associates, LLC. Motion set for hearing on 10/15/2018 at 01:30 PM before Judge James V. Selna. (Licari, Michael) |
| Filing 49 NOTICE of Change of Attorney Business or Contact Information: for attorney Michael Licari counsel for Defendants 12 Retech Corporation, Tom Nelson, Ten Associates, LLC. Changing address and firm name to Sprinkle Lloyd & Licari LLP, 2801 B Street, Unit 556 San Diego, CA 92102. Changing email to michaellicari24@gmail.com. Filed by Defendants Tom Nelson, Ten Associates LLC, 12 ReTech Corporation. (Licari, Michael) |
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Filing 48
Stipulation and Order Continuing Scheduling Conference #47 by Judge James V. Selna. IT IS HEREBY STIPULATED by and between the parties hereto that the Scheduling Conference currently set for September 10, 2018 shall be continued to October 15, 2018 at 11:30 AM. (es)
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| Filing 47 NOTICE of Continuance of (Mader, Christopher) |
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Filing 46
MINUTES (IN CHAMBERS) Order Denying Defendants Motion to Dismiss #38 by Judge James V. Selna: Accordingly, the motion to dismiss is denied without prejudice for failing to comply with Local Rule 7-3. The August 27, 2018 hearing is vacated. The motion may be re-noticed so long as the renewed motion complies with the Federal Rules of Civil Procedure and this Courts Local Rules, including Local Rule 7-3. (es)
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| Filing 45 REPLY REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS FIRST AMENDED COMPLAINT NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #38 filed by Defendant Tom Nelson. (Licari, Michael) |
| Filing 44 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #38 filed by Plaintiff Vivian Konopasek. (Mader, Christopher) |
| Filing 43 (IN CHAMBERS) The Court, on its own motion, CONTINUES the Scheduling Conference, previously set for 8/6/2018 at 11:30 AM, to MONDAY, 9/10/2018 at 11:30 AM before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kt) TEXT ONLY ENTRY |
| Filing 42 NOTICE and CERTIFICATE of Interested Parties filed by Defendant Tom Nelson, identifying James Ray, Member of Ten Associates, LLC; Daniel Monteverde Treasurer and Director of 12 Retech Corporation; Angelo Pnzetta President and Secretary of 12 Retech Corporation. (Licari, Michael) |
| Filing 41 NOTICE OF DEFICIENCY Re: NOTICE OF MOTION AND MOTION for Clerk to Enter Default against Defendant Tactical Services, Inc. #39 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. Proof of Service filed 07/16/2018 do not state that a copy was mailed to the defendant as required. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (es) |
| Filing 40 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #38 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (es) |
| Filing 39 NOTICE OF MOTION AND MOTION for Clerk to Enter Default against Defendant Tactical Services, Inc. filed by Plaintiff Vivian Konopasek. Motion set for hearing on 8/24/2018 at 09:00 AM before Judge James V. Selna. (Attachments: #1 Proposed Order, #2 Declaration) (Mader, Christopher) |
| Filing 38 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendant Tom Nelson. Motion set for hearing on 8/27/2018 at 01:30 PM before Judge James V. Selna. (Attorney Michael Licari added to party Tom Nelson(pty:dft)) (Licari, Michael) |
| Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days), #36 . The following error(s) was/were found: Title page is missing. 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. (es) |
| Filing 36 PROOF OF SERVICE Executed by Plaintiff Vivian Konopasek, upon Defendant 12 Retech Corporation served on 7/5/2018, answer due 7/26/2018. Service of the Summons and Complaint were executed upon Registered Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Mader, Christopher) |
| Filing 35 MEMORANDUM in Support Motion to Dismiss w/o Prejudice filed by Plaintiff Vivian Konopasek. (Mader, Christopher) |
| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days), #33 . The following error(s) was/were found: Title page is missing. 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. (es) |
| Filing 33 PROOF OF SERVICE Executed by Plaintiff Vivian Konopasek, upon Defendant Tactical Services, Inc. served on 7/5/2018, answer due 7/26/2018. Service of the Summons and Complaint were executed upon Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Mader, Christopher) |
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Filing 32
MINUTES (IN CHAMBERS) Order Discharging Orders to Show Cause and Directing Further Action by Judge James V. Selna: The Court, having reviewed the response of plaintiff to the Courts ORDERS to Show Cause (OSCs) dated June 20, 2018, hereby DISCHARGES the OSCs. If proof of service as to defendants Tactical Services, Inc. And 12 Retech Corporation is not filed by July 23, 2018, counsel shall file a status update regarding service by July 23, 2018. (es)
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Filing 31
ORDER by Judge James V. Selna, GRANTING #29 DEFENDANTS' EX PARTE APPLICATION to Extend Time to File a Responsive Pleading. Defendants Ten Associates, LLC and Tom Nelson shall file an answer or otherwise respond to the complaint on or before July 25, 2018. (es)
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| Filing 30 RESPONSE filed by Plaintiff Vivian Konopasekto Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines #23 (Mader, Christopher) |
| Filing 29 First EX PARTE APPLICATION to Extend Time to File Answer to 7/25/2018 filed by Defendant Ten Associates, LLC. (Attorney Michael Licari added to party Ten Associates, LLC(pty:dft)) (Licari, Michael) |
| Filing 28 NOTICE OF DEFICIENCY Re: NOTICE OF MOTION AND MOTION for Entry of Default against Defendant 12 Retech Corporation #26 . The Clerk cannot enter the requested relief as: Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. Service made by Federal Requirement must be made by delivering to an authorized agent or must be appointed by law to receive service of process. The name of the agent authorized to accept service MUST be indicated on the proof of service. (twdb) |
| Filing 27 PROOF OF SERVICE Executed by Plaintiff Vivian Konopasek, upon Defendant Tactical Services, Inc. served on 6/27/2018, answer due 7/18/2018. Service of the Summons and Complaint were executed upon Reg. Agent - CSC Services of NV in compliance with Federal Rules of Civil Procedure by substituted service by mail and by also mailing a copy.Original Summons NOT returned. (Mader, Christopher) |
| Filing 26 NOTICE OF MOTION AND MOTION for Entry of Default against Defendant 12 Retech Corporation filed by Plaintiff Vivian Konopasek. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Supplement) (Mader, Christopher) |
| Filing 25 (IN CHAMBERS) The Court, on its own motion, CONTINUES the Scheduling Conference, previously set for 7/2/2018 at 11:30 AM, to MONDAY, 8/6/2018 at 11:30 AM before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kt) TEXT ONLY ENTRY |
| Filing 24 MINUTE IN CHAMBERS by Judge James V. Selna: Order to Show Cause Re Dismissal for Lack of Prosecution. The Court ORDERS plaintiff(s), to Show Cause (OSC) in writing, no later July 6, 2018. (mt) |
| Filing 23 MINUTE IN CHAMBERS by Judge James V. Selna: Order to Show Cause Re Dismissal for Lack of Prosecution. The Court, on its own motion, hereby ORDERS plaintiff(s) to Show Cause (OSC) in writing no later than July 6, 2018. (mt) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Vivian Konopasek, upon Defendant Tom Nelson served on 6/13/2018, answer due 7/5/2018. Service of the Summons and Complaint were executed upon Tom Nelson in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Mader, Christopher) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff Vivian Konopasek, upon Defendant Ten Associates, LLC served on 6/13/2018, answer due 7/5/2018. Service of the Summons and Complaint were executed upon Ten Associates, LLC in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Mader, Christopher) |
| Filing 20 PROOF OF SERVICE Executed Vivian Konopasek, upon Defendant Tactical Services, Inc. served on 3/23/2018, answer due 4/23/2018. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Mader, Christopher) |
| Filing 19 PROOF OF SERVICE Executed Vivian Konopasek, upon Defendant 12 Retech Corporation served on 3/23/2018, answer due 4/23/2018. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Mader, Christopher) |
| Filing 18 21 DAY Summons Issued re Amended Complaint/Petition #10 as to Defendant Tom Nelson. (es) |
| Filing 17 21 DAY Summons Issued re Amended Complaint/Petition #10 as to Defendant Ten Associates, LLC. (es) |
| Filing 16 21 DAY Summons Issued re Amended Complaint/Petition #10 as to Defendant Tactical Services, Inc.. (es) |
| Filing 15 21 DAY Summons Issued re Amended Complaint/Petition #10 as to Defendant 12 Retech Corporation. (es) |
| Filing 14 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Vivian Konopaske. (Mader, Christopher) |
| Filing 13 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Vivian Konopaske. (Mader, Christopher) |
| Filing 12 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Vivian Konopaske. (Mader, Christopher) |
| Filing 11 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Vivian Konopaske. (Mader, Christopher) |
| Filing 10 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Vivian Konopaske(Mader, Christopher) |
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Filing 9
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge James V. Selna. Rule 26 Meeting Report due by 6/25/2018. Scheduling Conference set for 7/2/2018 at 11:30 AM before Judge James V. Selna. (jlen)
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| Filing 8 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA. (jlen) |
| Filing 7 NOTICE filed by Plaintiff Vivian Konopaske. (Mader, Christopher) |
| Filing 6 CIVIL COVER SHEET filed by Plaintiff Vivian Konopaske. (Mader, Christopher) |
| Filing 4 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: The Civil Cover Sheet (CV-71)is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule 3-1. Counsel must file a completed Civil Cover Sheet immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. 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. (jtil) |
| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 2 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Douglas F. McCormick. (jtil) |
| Filing 1 COMPLAINT Receipt No: 0973-21274115 - Fee: $400, filed by Plaintiff Vivian Konopaske. (Attorney Christopher Paul Mader added to party Vivian Konopaske(pty:bkmov))(Mader, Christopher) |
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