Deseret Trust v. Unique Investment et al
| Deseret Trust, C Richard Bastian, Deseret Trust Company, Robert A Bastian, Darren B Bastian and Jeffrey Bastian |
| Unique Investment, Joe Phillips, John Makoff and Unique Investment Corporation |
| 8:2018cv01180 |
| July 5, 2018 |
| US District Court for the Central District of California |
| David O Carter |
| Karen E Scott |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 54 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 53 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Karen E. Scott. (et) |
| Filing 52 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 2:17-cv-00569-JNP-EJF, from USDC District of Utah (Central). The above-referenced case has been transferred to this district and assigned the above civil case number 8:18-cv-01180-DOC (KESx). (et) |
| Filing 50 ORIGINAL file, certified copy of transfer order and docket sheet received from Utah |
Filing 49
ORDER granting in part and denying in part #26 Defendants Motion to Transfer Venue or Dismiss under the Doctrine of Forum Non Conveniens or, in the Alternative, to Dismiss. Signed by Judge Jill N. Parrish on 7/2/2018. (jds) [Transferred from Utah on 7/5/2018.]
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| Filing 48 NOTICE of Filing of Supporting Demonstratives used at the June 27, 2018 Hearing by John Makoff, Joe Phillips, Unique Investment re #26 MOTION to Change Venue and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Allred, Parker) [Transferred from Utah on 7/5/2018.] |
| Filing 47 Minute Entry for proceedings held before Judge Jill N. Parrish:, Motion to Dismiss for Failure to State a Claim filed by Joe Phillips, Unique Investment, John Makoff. After hearing arguments from counsel, Court took the matter under advisement. Attorney for Plaintiff: Cameron Hancock, Christopher Hill, Shawn Richards, Attorney for Defendant: Matthew Lalli, Parker Allred. Court Reporter: Patti Walker.(ss) [Transferred from Utah on 7/5/2018.] |
| Filing 46 AMENDED NOTICE OF HEARING ON MOTION re: #26 Motion to Change Venue, Motion to Dismiss for Failure to State a Claim : (Notice generated by ss) Motion Hearing set for 6/27/2018 at 11:00 AM in Rm 8.200 before Judge Jill N. Parrish. Please note this is a TIME CHANGE only due to a conflict with the courts calendar. (ss) [Transferred from Utah on 7/5/2018.] |
| Filing 45 AMENDED NOTICE OF HEARING ON MOTION re: #26 Motion to Change Venue Motion to Dismiss for Failure to State a Claim : (Notice generated by ss) Motion Hearing RESET for 6/27/2018 at 09:30 AM in Rm 8.200 before Judge Jill N. Parrish. Hearing moved at request of counsel. (ss) [Transferred from Utah on 7/5/2018.] |
| Filing 44 NOTICE OF HEARING ON MOTION re: #26 Motion to Change Venue Motion to Dismiss for Failure to State a Claim : (Notice generated by ss) Motion Hearing set for 6/14/2018 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. If counsel have a conflict with hearing date, please contact chambers. stephanie_schaerrer@uscourts.gov (ss) [Transferred from Utah on 7/5/2018.] |
| Filing 43 Minute Entry for proceedings held before Magistrate Judge Evelyn J. Furse: Initial Pretrial Conference held on 4/4/2018. Plaintiff's counsel and defense counsel present. Court hears statements from parties regarding scheduling. Docket Text Order entered directing counsel to submit proposed Scheduling Orders, collectively or individually, within 14 days of a ruling on the pending Motion to Dismiss. Attorney for Plaintiff: Shawn T. Richards, Attorneys for Defendants: Matthew L. Lalli, Parker A. Allred. Court Reporter: Electronic. (Time Start: 11:46:04, Time End: 11:56:41, Room 8.400.) (dla) [Transferred from Utah on 7/5/2018.] |
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Filing 42
DOCKET TEXT ORDER: The parties shall file proposed Scheduling Orders, collectively or individually, within 14 days of a ruling on the pending Motion to Dismiss. No attached document. Signed by Magistrate Judge Evelyn J. Furse on 4/4/18. (dla) [Transferred from Utah on 7/5/2018.]
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| Filing 41 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/usdc-forms, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/attorney-planning-meeting-and-reportIf counsel or the parties would like to participate by phone they must contact the IPT Clerk at least two days in advance at #ipt@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 4/4/2018 at 11:30 AM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. (jds) [Transferred from Utah on 7/5/2018.] |
| Filing 40 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (jds) [Transferred from Utah on 7/5/2018.] |
| Filing 39 NOTICE OF ADR, e-mailed or mailed to Plaintiff Deseret Trust, Defendants John Makoff, Joe Phillips, Unique Investment. (jds) [Transferred from Utah on 7/5/2018.] |
| Filing 38 MEMORANDUM in Support re #26 MOTION to Change Venue and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants John Makoff, Joe Phillips, Unique Investment. (Allred, Parker) [Transferred from Utah on 7/5/2018.] |
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Filing 37
ORDER granting #36 Motion for Extension of Time to File Response/Reply re #26 MOTION to Change Venue or MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Replies due by 2/23/2018. Signed by Magistrate Judge Evelyn J. Furse on 2/22/2018. (jds) [Transferred from Utah on 7/5/2018.]
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| Filing 36 MOTION for Extension of Time to File Response/Reply as to #33 Memorandum in Opposition to Motion and Memorandum in Support filed by Defendants John Makoff, Joe Phillips, Unique Investment. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Allred, Parker) [Transferred from Utah on 7/5/2018.] |
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Filing 35
ORDER granting #34 Motion for Extension of Time to File Response/Reply re #26 MOTION to Change Venue or in the alternative MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Replies due by 2/21/2018. Signed by Magistrate Judge Evelyn J. Furse on 1/31/2018. (jds) [Transferred from Utah on 7/5/2018.]
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| Filing 34 Stipulated MOTION for Extension of Time to File Response/Reply and Memorandum in Support filed by Defendants John Makoff, Joe Phillips, Unique Investment. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Evelyn J. Furse.(Allred, Parker) [Transferred from Utah on 7/5/2018.] |
| Filing 33 MEMORANDUM in Opposition re #26 MOTION to Change Venue and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff Deseret Trust. (Hill, Christopher) [Transferred from Utah on 7/5/2018.] |
| Filing 32 NOTICE of Appearance by Parker A. Allred on behalf of John Makoff, Joe Phillips, Unique Investment (Allred, Parker) [Transferred from Utah on 7/5/2018.] |
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Filing 31
ORDER granting #30 Motion for Extension of Time to File Response/Reply re #26 MOTION to Change Venue or MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Memorandum in opposition due by 1/10/2018. Signed by Magistrate Judge Evelyn J. Furse on 1/5/2018. (jds) [Transferred from Utah on 7/5/2018.]
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| Filing 30 Stipulated MOTION for Extension of Time Opposition to Motion to Transfer Venue or Dismiss under the Doctrine of Forum Non Conveniens, or in the Alternative, to Dismiss and Memorandum in Support filed by Plaintiff Deseret Trust. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Hill, Christopher) Modified event type on 1/5/2018 (jds). [Transferred from Utah on 7/5/2018.] |
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Filing 29
ORDER granting #28 Motion for Extension of Time to File Response/Reply re #26 MOTION to Change Venue or MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Opposition Memorandum due by 1/3/2018 Signed by Judge Jill N. Parrish on 12/11/2017. (jds) [Transferred from Utah on 7/5/2018.]
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| Filing 28 Stipulated MOTION for Extension of Time Opposition to Motion to Transfer Venue or Dismiss under the Doctrine of Forum Non Conveniens, or in the Alternative, to Dismiss and Memorandum in Support filed by Plaintiff Deseret Trust. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Hill, Christopher) Modified event type on 12/11/2017 (jds). [Transferred from Utah on 7/5/2018.] |
| Filing 27 Motions No Longer Referred: #26 MOTION to Change Venue and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support. District Judge to handle the Motion. (lnp) [Transferred from Utah on 7/5/2018.] |
| Filing 26 MOTION to Change Venue and Memorandum in Support , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants John Makoff, Joe Phillips, Unique Investment. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3) Motions referred to Evelyn J. Furse.(Mettler, Amber) [Transferred from Utah on 7/5/2018.] |
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Filing 25
ORDER granting #24 Joint Stipulated Motion for Enlargement of Time to File Response to Plaintiffs' First Amended Complaint. Defendants Unique Investment Corporation, John Makoff, individually and as trustee of the John G. Makoff and Justine Marie Makoff Family Trust U/D/T dated April 1, 1999, and Joe Phillips, individually and as trustee of the Joseph Gerald Phillips and Laura Jean Phillips Revocable Trust U/D/T dated October 17, 2001 shall have until 11/17/2017, to file an answer or otherwise respond to Plaintiffs' First Amended Complaint. Signed by Magistrate Judge Evelyn J. Furse on 11/3/17. (dla) [Transferred from Utah on 7/5/2018.]
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| ANSWER DEADLINE UPDATED for John Makoff, Joe Phillips, Unique Investment answer due 11/17/2017. (dla) [Transferred from Utah on 7/5/2018.] |
| Filing 24 Stipulated MOTION for Extension of Time Response to First Amended Complaint and Memorandum in Support filed by Defendants John Makoff, Joe Phillips, Unique Investment. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Mettler, Amber) [Transferred from Utah on 7/5/2018.] |
| Filing 23 NOTICE of Appearance by Matthew L. Lalli on behalf of John Makoff, Joe Phillips, Unique Investment (Lalli, Matthew) [Transferred from Utah on 7/5/2018.] |
| Filing 22 NOTICE of Appearance by Amber M. Mettler on behalf of John Makoff, Joe Phillips, Unique Investment (Mettler, Amber) [Transferred from Utah on 7/5/2018.] |
| Filing 21 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Acceptance of Service served on Unique Investment Corporation, John Makoff, individually and as trustee of the John G. Makoff and Justine Marine Makoff Family Trust U/D/T dated April 1, 1999, Joe Phillips, individually and as trustee of the Joseph Gerald Phillips and Laura Jean Phillips Revocable Trust U/D/T dated October 17, 2001 on 10/13/2017, filed by Plaintiff Deseret Trust. (Hill, Christopher) [Transferred from Utah on 7/5/2018.] |
| Filing 20 **RESTRICTED DOCUMENT**Summons Issued Electronically as to John Makoff. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl) [Transferred from Utah on 7/5/2018.] |
| Filing 19 **RESTRICTED DOCUMENT**Summons Issued Electronically as to John Makoff, as trustee. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl) [Transferred from Utah on 7/5/2018.] |
| Filing 18 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Joe Phillips. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl) [Transferred from Utah on 7/5/2018.] |
| Filing 17 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Joe Phillips, as trustee. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl) [Transferred from Utah on 7/5/2018.] |
| Filing 16 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Unique Investment. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl) [Transferred from Utah on 7/5/2018.] |
| Filing 15 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Deseret Trust. (Hill, Christopher) [Transferred from Utah on 7/5/2018.] |
| Filing 14 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Joe Phillips. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (lan) [Transferred from Utah on 7/5/2018.] |
| Filing 13 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Joe Phillips. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (lan) [Transferred from Utah on 7/5/2018.] |
| Filing 12 **RESTRICTED DOCUMENT**Summons Issued Electronically as to John Makoff. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (lan) [Transferred from Utah on 7/5/2018.] |
| Filing 11 **RESTRICTED DOCUMENT**Summons Issued Electronically as to John Makoff. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (lan) [Transferred from Utah on 7/5/2018.] |
| Filing 10 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Unique Investment. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (lan) [Transferred from Utah on 7/5/2018.] |
| Filing 9 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #7 filed by Plaintiff Deseret Trust (Richards, Shawn) [Transferred from Utah on 7/5/2018.] |
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 6/20/17. (ss) [Transferred from Utah on 7/5/2018.]
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Filing 7
CIVIL STANDING ORDER Signed by Judge Jill N. Parrish on 6/20/17. (ss) [Transferred from Utah on 7/5/2018.]
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| Filing 6 Modification of Docket: re #2 Complaint. Docket text has been modified to reflect complaint is filed against defendants rather than plaintiff; answer records corrected. (jwt) [Transferred from Utah on 7/5/2018.] |
| Filing 5 NOTICE of Appearance by Cameron M. Hancock on behalf of Deseret Trust (Hancock, Cameron) [Transferred from Utah on 7/5/2018.] |
| Filing 4 NOTICE of Appearance by Shawn T. Richards on behalf of Deseret Trust (Richards, Shawn) [Transferred from Utah on 7/5/2018.] |
| Filing 3 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Deseret Trust identifying None as Corporate Parent. (Hill, Christopher) [Transferred from Utah on 7/5/2018.] |
| Filing 2 COMPLAINT against All Defendants (Filing fee $ 400, receipt number 1088-2774386) filed by Deseret Trust. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Jill N. Parrish (Hill, Christopher) Modified on 6/13/2017 correcting text of party filed against to read All Defendants(jwt). [Transferred from Utah on 7/5/2018.] |
| Filing 1 Case has been indexed and assigned to Judge Jill N. Parrish. Plaintiff Deseret Trust is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (jwt) [Transferred from Utah on 7/5/2018.] |
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