David Placek et al v. William Shopoff et al
| David Placek, DP SLF II Member, LLC and DP Investors III |
| William and Cindy Shopoff and William Shopoff |
| 8:2018cv01734 |
| September 25, 2018 |
| US District Court for the Central District of California |
| Southern Division - Santa Ana Office |
| David O Carter |
| John D Early |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 3, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 45 MINUTES OF Status Conference held before Judge David O. Carter: The case is DISMISSED, without prejudice, given the lack of an operable complaint. Made JS-6. Case Terminated. Court Reporter: CourtSmart. (twdb) |
Filing 44
ORDER by Judge David O. Carter: Granting #41 Non-Resident Attorney Meredith A. Sharoky APPLICATION to Appear Pro Hac Vice on behalf of David Placek, DP Investors III, LLC, and DP SLF II Member LLC, designating Matthew J. Fletcher as local counsel. (twdb)
|
| Filing 43 First APPLICATION of Non-Resident Attorney DAVID BUTLER HARRISON to Appear Pro Hac Vice on behalf of Plaintiffs DP Investors III, DP SLF II Member, LLC, David Placek (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22824096) filed by Plaintiff DP Investors III, DP SLF II Member, LLC, David Placek. (Attachments: #1 Proposed Order Proposed Order-Pro Hac Vice- D. Harrison) (Fletcher, Matthew) |
| Filing 42 STATUS REPORT -Status Conference Report filed by Plaintiffs DP Investors III, DP SLF II Member, LLC, David Placek. (Fletcher, Matthew) |
| Filing 41 First APPLICATION of Non-Resident Attorney Meredith Anne Sharoky to Appear Pro Hac Vice on behalf of Plaintiffs DP Investors III, DP SLF II Member, LLC, David Placek (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22814107) filed by Plaintiff DP Investors III, DP SLF II Member, LLC, David Placek. (Attachments: #1 Proposed Order Pro Hac Vide- Proposed Order) (Fletcher, Matthew) |
|
Filing 40
ORDER by Judge David O. Carter: Granting #39 Plaintiffs' EX PARTE APPLICATION to Vacate Dismissal. Is Further Ordered that the Court's 10/3/18 Order DE 38 , Dismissing this Civil Case, is hereby vacated. Further Ordered that the Clerk of the Court is directed to reinstate this case as an active case. The Court sets a status conference for 12/3/18 at 7:30 a.m. MD JS 5. Case REOPENED. (twdb)
|
| Filing 39 First EX PARTE APPLICATION to Withdraw Dismissal filed by Plaintiff DP Investors III, DP SLF II Member, LLC, David Placek. (Attachments: #1 Memorandum Placek Memo of PA Motion to Vacate, #2 Declaration Placek Decl of DBH Ex Parte Vacate, #3 Proposed Order Placek Proposed Order Ex Parte Vacate Dismissal) (Attorney Matthew John Fletcher added to party DP Investors III(pty:pla), Attorney Matthew John Fletcher added to party DP SLF II Member, LLC(pty:pla), Attorney Matthew John Fletcher added to party David Placek(pty:pla)) (Fletcher, Matthew) |
|
Filing 38
ORDER DISMISSING CIVIL CASE: The Court, having been notified by counsel for the parties that this action has been settled re Notice of Settlement #37 , hereby orders this action DISMISSED without prejudice. The Court hereby orders all proceedings in the case VACATED and taken off calendar. The Court retains jurisdiction for thirty (30) days to vacate this order and reopen the action upon showing of good cause that the settlement has not been consummated. (Made JS-6. Case Terminated.) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo)
|
| Filing 37 NOTICE of Settlement filed by Defendants William Shopoff, William and Cindy Shopoff. (Sachs, Michael) |
| Filing 36 SCHEDULING NOTICE by Judge David O. Carter: Status Conference set for 10/15/2018 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
|
Filing 35
INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER upon filing of the complaint by Judge David O. Carter. (dgo)
|
| Filing 34 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Paul Brian Maslo. 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. (ghap) |
| Filing 33 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney David Butler Harrison. 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. (ghap) |
| Filing 32 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 31 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge John D. Early. (ghap) |
| Filing 30 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:18-cv-4326-VEC, from Southern District of New York (Foley Square). The above-referenced case has been transferred to this district and assigned the above civil case number 8:18-cv-1734-DOC-(JDEx). (ghap) |
| Filing 29 ORIGINAL file, certified copy of transfer order and docket sheet received from New York Southern |
| Filing 28 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Central District of California (js) [Transferred from New York Southern on 9/25/2018.] |
|
Filing 27
ORDER: WHEREAS the Court ordered this case transferred to the U.S. District Court for the Central District of California [Dkt. 26]; IT IS HEREBY ORDERED that the Court waives the seven-day delay period established by Local Civil Rule 83.1. The Clerk of Court is respectfully instructed to transfer the case immediately. So Ordered. (Signed by Judge Valerie E. Caproni on 9/24/2018) (js) [Transferred from New York Southern on 9/25/2018.]
|
|
Filing 26
ORDER AND OPINION: re: #11 MOTION to Dismiss for Lack of Jurisdiction or Improper Venue, Or, In Alternative, To Transfer to Central District of California filed by William Shopoff, William and Cindy Shopoff. For the reasons stated above, Defendants' motion to transfer is GRANTED. The Clerk is instructed to terminate Docket Entry 11 and transfer this matter to the Central District of California. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/24/2018) (ama) [Transferred from New York Southern on 9/25/2018.]
|
| Filing 25 REPLY MEMORANDUM OF LAW in Support re: #11 MOTION to Dismiss for Lack of Jurisdiction or Improper Venue, Or, In Alternative, To Transfer to Central District of California. . Document filed by William Shopoff, William and Cindy Shopoff. (Sachs, Michael) [Transferred from New York Southern on 9/25/2018.] |
| Filing 24 DECLARATION of David Placek in Opposition re: #11 MOTION to Dismiss for Lack of Jurisdiction or Improper Venue, Or, In Alternative, To Transfer to Central District of California.. Document filed by DP Investors III, DP SLF II Member, LLC, David Placek. (Harrison, David) [Transferred from New York Southern on 9/25/2018.] |
| Filing 23 MEMORANDUM OF LAW in Opposition re: #11 MOTION to Dismiss for Lack of Jurisdiction or Improper Venue, Or, In Alternative, To Transfer to Central District of California. . Document filed by DP Investors III, DP SLF II Member, LLC, David Placek. (Harrison, David) [Transferred from New York Southern on 9/25/2018.] |
|
Filing 22
ORDER: IT IS HEREBY ORDERED that, for the reasons discussed at the conference, the outstanding briefing on Defendants' motion to dismiss is scheduled as follows: Plaintiffs' opposition to Defendants' motion is due by July 20, 2018, with Plaintiffs' reply, if any, due by August 3, 2018. IT IS FURTHER ORDERED that briefing on Plaintiffs motion for summary judgment, as well as discovery in this matter, are stayed pending resolution of the motion to dismiss. Responses due by 7/20/2018 Replies due by 8/3/2018. (Signed by Judge Valerie E. Caproni on 6/22/2018) (kgo) [Transferred from New York Southern on 9/25/2018.]
|
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 6/22/2018. Order to follow. (Court Reporter Rebecca Foreman) (Brantley, Michael) [Transferred from New York Southern on 9/25/2018.] |
| Filing 21 JOINT LETTER addressed to Judge Valerie E. Caproni from Counsel dated June 14, 2018 re: Initial Pre-Trial Conference. Document filed by William Shopoff, William and Cindy Shopoff.(Sachs, Michael) [Transferred from New York Southern on 9/25/2018.] |
|
Filing 20
ORDER FOR ADMISSION PRO HAC VICE granting #19 Motion for Michael J. Sachs to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 6/14/2018) (kgo) [Transferred from New York Southern on 9/25/2018.]
|
| Filing 19 MOTION for Michael J. Sachs to Appear Pro Hac Vice (Second Corrected Motion). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William Shopoff, William and Cindy Shopoff. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Sachs, Michael) [Transferred from New York Southern on 9/25/2018.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Michael J. Sachs to Appear Pro Hac Vice (Second Corrected Motion). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) [Transferred from New York Southern on 9/25/2018.] |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #18 MOTION for Michael J. Sachs to Appear Pro Hac Vice (Corrected Motion). Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit is missing some of the language required by Local Rule 1.3, i.e. whether the applicant has ever been convicted of a felony. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc) [Transferred from New York Southern on 9/25/2018.] |
| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael J. Sachs to Appear Pro Hac Vice (Corrected Motion). Filing fee of $200.00 paid, receipt no. 0208-15191310.Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William Shopoff, William and Cindy Shopoff. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Sachs, Michael) Modified on 6/13/2018 (jc). [Transferred from New York Southern on 9/25/2018.] |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #17 MOTION for Michael J. Sachs to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of the California and Illinois; the filing fee was not paid;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (bcu) [Transferred from New York Southern on 9/25/2018.] |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael J. Sachs to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William Shopoff, William and Cindy Shopoff. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Sachs, Michael) Modified on 6/12/2018 (bcu). [Transferred from New York Southern on 9/25/2018.] |
| Filing 16 NOTICE of Errata Re: Supplement to Defendants' Notice of Removal re: #15 Notice (Other),,. Document filed by William Shopoff, William and Cindy Shopoff. (Casero, Jason) [Transferred from New York Southern on 9/25/2018.] |
| Filing 15 NOTICE of Supplement to Defendants' re: #1 Notice of Removal,,. Document filed by William Shopoff, William and Cindy Shopoff. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R, #18 Exhibit S, #19 Exhibit T, #20 Exhibit U)(Casero, Jason) [Transferred from New York Southern on 9/25/2018.] |
|
Filing 14
ORDER: IT IS HEREBY ORDERED that briefing on Defendants' motion to dismiss is stayed sine die pending the upcoming conference. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 5/23/2018) (cf) [Transferred from New York Southern on 9/25/2018.]
|
| Filing 13 DECLARATION of William Shopoff in Support re: #11 MOTION to Dismiss for Lack of Jurisdiction or Improper Venue, Or, In Alternative, To Transfer to Central District of California.. Document filed by William Shopoff, William and Cindy Shopoff. (Attachments: #1 Exhibit A Employment Agreement, #2 Exhibit B Put Option Agreement 2012, #3 Exhibit C Guranty Agreement 2012, #4 Exhibit D Put Option Agreement 2014, #5 Exhibit E Guranty Agreement 2014)(Casero, Jason) [Transferred from New York Southern on 9/25/2018.] |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Dismiss for Lack of Jurisdiction or Improper Venue, Or, In Alternative, To Transfer to Central District of California. . Document filed by William Shopoff, William and Cindy Shopoff. (Casero, Jason) [Transferred from New York Southern on 9/25/2018.] |
| Filing 11 MOTION to Dismiss for Lack of Jurisdiction or Improper Venue, Or, In Alternative, To Transfer to Central District of California. Document filed by William Shopoff, William and Cindy Shopoff. (Attachments: #1 Text of Proposed Order Proposed Order)(Casero, Jason) [Transferred from New York Southern on 9/25/2018.] |
| Filing 10 LETTER addressed to Judge Valerie E. Caproni from Edward Susolik dated May 21, 2018 re: letter in response to Plaintiffs letter dated May 18, 2018. Document filed by William Shopoff, William and Cindy Shopoff.(Maslo, Paul) [Transferred from New York Southern on 9/25/2018.] |
|
Filing 9
MEMO ENDORSEMENT on re: #5 Letter, filed by David Placek, DP SLF II Member, LLC, DP Investors III. ENDORSEMENT: Application DENIED WITHOUT PREJUDICE. The Court and patties will discuss briefing schedules at the upcoming conference. Additionally, to the extent that Defendants failed to include the necessary filings from the underlying action in their removal papers, they are ordered to do so by May 25, 2018. (Signed by Judge Valerie E. Caproni on 5/21/2018) (kgo) [Transferred from New York Southern on 9/25/2018.]
|
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by DP SLF II Member, LLC.(Harrison, David) [Transferred from New York Southern on 9/25/2018.] |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by DP Investors III.(Harrison, David) [Transferred from New York Southern on 9/25/2018.] |
| Filing 6 NOTICE OF APPEARANCE by David Butler Harrison on behalf of DP Investors III, DP SLF II Member, LLC, David Placek. (Harrison, David) [Transferred from New York Southern on 9/25/2018.] |
| Filing 5 LETTER addressed to Judge Valerie E. Caproni from David B. Harrison dated May 18, 2018 re: Plaintiffs' pending motion for summary judgment in lieu of a complaint.. Document filed by DP Investors III, DP SLF II Member, LLC, David Placek.(Harrison, David) [Transferred from New York Southern on 9/25/2018.] |
| Filing 4 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/22/2018 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 5/17/2018) (kgo) [Transferred from New York Southern on 9/25/2018.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul Brian Maslo. The party information for the following party/parties has been modified: William and Cindy Shopoff. The information for the party/parties has been modified for the following reason/reasons: party text was entered incorrectly. (jgo) [Transferred from New York Southern on 9/25/2018.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Paul Brian Maslo. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo) [Transferred from New York Southern on 9/25/2018.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) [Transferred from New York Southern on 9/25/2018.] |
| Case Designated ECF. (jgo) [Transferred from New York Southern on 9/25/2018.] |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) [Transferred from New York Southern on 9/25/2018.] |
| Filing 3 CERTIFICATE OF SERVICE of Notice of Removal served on David Placek, DP Investors III and DP SLF II Member, LLC on 5/15/18. Service was made by Mail. Document filed by William Shopoff, William and Cindy Shopoff, as Trustees for the Shopoff Revokable Trust. (Maslo, Paul) [Transferred from New York Southern on 9/25/2018.] |
| Filing 2 CIVIL COVER SHEET filed. (Maslo, Paul) [Transferred from New York Southern on 9/25/2018.] |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 651700-2018. (Filing Fee $ 400.00, Receipt Number 0208-15071319).Document filed by William Shopoff, William and Cindy Shopoff, as Trustees for the Shopoff Revokable Trust. (Attachments: #1 Exhibit A- Notice of Motion for Summary Judgment, #2 Exhibit B- Memorandum of Law in Support of Motion for Summary Judgment, #3 Exhibit C- Summons, #4 Exhibit D- Plaintiffs letter to court, #5 Exhibit E- Order re: Caption page, #6 Exhibit F- Placek Affidavit, #7 G- Notice to State Court re: Removal)(Maslo, Paul) [Transferred from New York Southern on 9/25/2018.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
