Thomas Lynch v. Liberty Debt Solution, LLC et al
| Thomas Lynch |
| Does 1 through 25, inclusive, Brian Roche and Liberty Debt Solution, LLC |
| 8:2018cv02297 |
| December 27, 2018 |
| US District Court for the Central District of California |
| Autumn D Spaeth |
| Josephine L Staton |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 28, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 36 TRANSMITTAL of documents to Orange County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Orange County Superior Court - Central Justice Center. Case number: 30-02018-01016550-CU-OE-CJC. (jp) |
Filing 35
MINUTES (IN CHAMBERS) ORDER GRANTING PLAINTIFF'S MOTION TO REMAND (Doc. #17 ) by Judge Josephine L. Staton: Defendants assert federal jurisdiction and they have the burden of proving Roche's Nevada citizenship (and thereby proving complete diversity among the parties). The Court concludes that Defendants fall short of meeting this burden. Accordingly, the Court GRANTS Plaintiff's Motion. The case is REMANDED to Orange County Superior Court, No. 30-02018-01016550-CU-OE-CJC. (MD JS-6. Case Terminated.) (jp)
|
| Filing 34 EVIDENTIARY OBJECTION in opposition to Thomas Lynch Decl. Re Reply re: NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #17 filed by Defendants Liberty Debt Solution, LLC, Brian Roche. (Fink, Keith) |
| Filing 33 EVIDENTIARY OBJECTION in opposition to Mark Diaz Decl. Re Reply re: NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #17 filed by Defendants Liberty Debt Solution, LLC, Brian Roche. (Fink, Keith) |
| Filing 32 Initial DISCLOSURE filed by Plaintiff Thomas Lynch (Cinar, Jibit) |
| Filing 31 DECLARATION of Thomas Lynch In support of NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #17 filed by Plaintiff Thomas Lynch. (Attachments: #1 Exhibit Corporate Information/E-mail correspondence, #2 Exhibit E-mail correspondence)(Cinar, Jibit) |
| Filing 30 DECLARATION of Mark James Diaz In Support of NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #17 filed by Plaintiff Thomas Lynch. (Attachments: #1 Exhibit U.S. Post Office Change of Address Request form)(Cinar, Jibit) |
| Filing 29 REPLY Reply in support of motion NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #17 filed by Plaintiff Thomas Lynch. (Cinar, Jibit) |
|
Filing 28
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 January 3, 2020. (tg)
|
| Filing 27 CIVIL TRIAL ORDER for cases assigned to Judge Josephine L. Staton. (tg) |
|
Filing 26
MINUTE (In Chambers) SCHEDULING ORDER by Judge Josephine L. Staton: On the Court's own motion, the Scheduling Conference set for hearing 3/1/2019, is VACATED and taken off calendar, and the following dates are set. Final Pretrial Conference set for 3/6/2020 at 10:30 AM. (SEE DOCUMENT FOR FURTHER INFORMATION). (jp)
|
| Filing 25 REPORT of Joint Rule 26(f) Report filed by Plaintiff Thomas Lynch. (Cinar, Jibit) |
| Filing 24 OPPOSITION opposition to re: NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #17 filed by Defendants Liberty Debt Solution, LLC, Brian Roche. (Attachments: #1 Supplement Defendants' Evidentiary Objections to Thomas Lynch Declaration, #2 Supplement Defendants' Evidentiary Objections to Jibit Cinar Declaration, #3 Supplement Defendants' Evidentiary Objections to Robert Gronauer Declaration, #4 Declaration of Brian Roche in Support of Opposition to Motion for Remand, #5 Exhibit A to Brian Roche Declaration (Drivers license copies), #6 Exhibit B to Brian Roche Declaration: copy of Liberty Financial USA LLC registration and various emails, #7 Exhibit C to Brian Roche Declaration: Plaintiff's 1099 indicating mailing address of Liberty Debt Solution, LLC, #8 Exhibit D to Brian Roche Declaration: copy of envelope, #9 Exhibit E to Brian Roche Declaration: proof of service filed with the Court on or about 12/11/2018, #10 Supplement Proof of Service)(Fink, Keith) |
| Filing 23 NOTICE of Bankruptcy Filing filed by Defendants Liberty Debt Solution, LLC, Brian Roche. (Attachments: #1 Exhibit 1)(Fink, Keith) |
| Filing 22 CERTIFICATE of Interested Parties filed by Plaintiff Thomas Lynch, identifying Thomas Lynch. (Cinar, Jibit) |
| Filing 21 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #17 (Attachments: #1 Proposed Order)(Cinar, Jibit) |
| Filing 20 DECLARATION of Jibit Cinar In Support of NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #17 filed by Plaintiff Thomas Lynch. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Cinar, Jibit) |
| Filing 19 DECLARATION of Thomas Lynch In Support of NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #17 filed by Plaintiff Thomas Lynch. (Attachments: #1 Exhibit)(Cinar, Jibit) |
| Filing 18 DECLARATION of Robert Gronauer In Support of NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #17 filed by Plaintiff Thomas Lynch. (Cinar, Jibit) |
| Filing 17 NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court filed by Plaintiff Thomas Lynch. Motion set for hearing on 3/29/2019 at 10:30 AM before Judge Josephine L. Staton. (Cinar, Jibit) |
|
Filing 16
ORDER SETTING SCHEDULING CONFERENCE by Judge Josephine L. Staton. Scheduling Conference is set for 3/1/2019 at 10:30 a.m. See document for details. (tg)
|
| Filing 15 ANSWER to Complaint - (Discovery), filed by Defendant Liberty Debt Solution, LLC, Brian Roche.(Fink, Keith) |
| Filing 14 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON (tg) |
| Filing 13 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Supplement, #9 . The following error(s) was found: The caption on the document uploaded to the docket entry number referenced above does not match the case information on the docket (e.g., case title, case number, document name, etc.). The Court may 1)order an amended or corrected document to be filed, 2)order the document stricken, or 3)take other action the Court deems appropriate. You may file a Notice of Errata attaching a corrected version of the document, but you are not required to take any action to correct this deficiency unless the Court so directs. (ghap) |
| Filing 12 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 11 NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge Autumn D. Spaeth. (ghap) |
| Filing 10 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Southern Division. Case has been assigned to Judge Josephine L. Staton for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Autumn D. Spaeth. New Case Number 8:18-cv-2297-JLS (ADSx). (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendant Does 1 through 25, inclusive, Liberty Debt Solution, LLC, Brian Roche., filed by plaintiff Thomas Lynch. (FILED IN STATE COURT ON 9/5/2018 DECLARATION OF SARAH E HERNANDEZ SUBMITTED ATTACHED EXHIBIT A) (ghap) Modified on 12/28/2018 (ghap). |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Thomas Lynch, upon Defendant Liberty Debt Solution, LLC served on 10/22/2018, answer due 11/13/2018. Service of the Summons and Complaint were executed upon Sam Safidine, Registered Agent for Service in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (FILED IN STATE COURT ON 12/11/2018 DECLARATION OF SARAH E HERNANDEZ SUBMITTED ATTACHED EXHIBIT B) (ghap) |
| Filing 9 SUPPLEMENT to Certificate/Notice of Interested Parties #6 , Declaration, #3 , Notice of Related Case(s) #7 , Civil Cover Sheet (CV-71) #2 , Joinder (non-motion) #5 , Proof of Service (subsequent documents), #8 , Declaration #4 , Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendants Liberty Debt Solution, LLC, Brian Roche. (Fink, Keith) |
| Filing 8 PROOF OF SERVICE filed by Defendant Liberty Debt Solution, LLC, Brian Roche, re Certificate/Notice of Interested Parties #6 , Declaration, #3 , Notice of Related Case(s) #7 , Civil Cover Sheet (CV-71) #2 , Joinder (non-motion) #5 , Declaration #4 , Notice of Removal (Attorney Civil Case Opening), #1 served on 12/27/18. (Fink, Keith) |
| Filing 7 NOTICE of Related Case(s) filed by Defendant Liberty Debt Solution, LLC, Brian Roche. (Fink, Keith) |
| Filing 6 NOTICE of Interested Parties filed by Defendant Liberty Debt Solution, LLC, Brian Roche, identifying Thomas Lynch; Brian Roche; Liberty Debt Solutions, LLC. (Fink, Keith) |
| Filing 5 JOINDER filed by Defendants Liberty Debt Solution, LLC, Brian Roche joining in Declaration, #3 , Civil Cover Sheet (CV-71) #2 , Declaration #4 , Notice of Removal (Attorney Civil Case Opening), #1 . (Fink, Keith) |
| Filing 4 DECLARATION of Brian Roche re Declaration, #3 , Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendants Liberty Debt Solution, LLC, Brian Roche. (Fink, Keith) |
| Filing 3 DECLARATION of Sarah E. Hernandez re Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendants Liberty Debt Solution, LLC, Brian Roche. (Attachments: #1 Exhibit A to The Declaration of Sarah E. Hernandez, #2 Exhibit B to The Declaration of Sarah E. Hernandez, #3 Exhibit C to The Declaration of Sarah E. Hernandez, #4 Exhibit D to The Declaration of Sarah E. Hernandez)(Fink, Keith) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Liberty Debt Solution, LLC, Brian Roche. (Fink, Keith) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California County of Orange, case number 30-2018-01016550-CU-OE-CJC with filing fee previously paid ($400.00 paid on 12/27/18, receipt number 26EC8EDI), Receipt Number 0973-22957574, filed by Defendant Liberty Debt Solution, LLC, Brian Roche. (Attorney Keith Allen Fink added to party Liberty Debt Solution, LLC(pty:dft), Attorney Keith Allen Fink added to party Brian Roche(pty:dft))(Fink, Keith) Modified on 12/28/2018 (ghap). |
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.
