Thomas John Smithson v. David De Alba et al
| Thomas John Smithson |
| Pacific Investment Management Company, Nav Gill, Atlantic Financial, Anne Marie Schubert, David De Alba, Ralph Diaz and Does 1 through 10, inclusive |
| 8:2020cv01777 |
| September 17, 2020 |
| US District Court for the Central District of California |
| Cormac J Carney |
| John D Early |
| Securities/Commodities |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 5, 2020. A more recent docket listing may be available from PACER.
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Filing 33
ORDER by Judge Cormac J. Carney: Denying Defendant Pacific Investment Management Company LLC's MOTION for Consolidation of Cases #22 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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| Filing 32 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint #31 . 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. (lom) |
| Filing 31 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint filed by Defendants Nav Gill, Anne Marie Schubert. Motion set for hearing on 12/14/2020 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration of Jill B. Nathan iso Defendants Schubert and Gill's Motion to Dismiss, #2 [Proposed] Order) (Nathan, Jill) |
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Filing 30
(IN CHAMBERS) ORDER by Judge Cormac J. Carney. On the Court's own motion, the hearing on Defendant Honorable David De Alba's Motion to Dismiss Plaintiff's Complaint #25 is CONTINUED to 12/14/2020 at 1:30 p.m. (to be heard along with Plaintiff's Objection to Removal and Motion for Leave to Amend Complaint #29 .) All briefing shall be filed in accordance with the Local Rules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
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| Filing 29 PLAINTIFF'S OBJECTION TO REMOVAL AND MOTION FOR LEAVE TO AMEND COMPLAINT TO POSE FEDERAL QUESTION filed by Plaintiff Thomas John Smithson. Motion set by the Court for hearing on 12/14/2020 at 1:30 PM before Judge Cormac J. Carney. The parties shall adhere to the briefing schedule set forth in the Local Rules. (cw) |
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Filing 28
ORDER by Judge Cormac J. Carney: Granting #24 EX PARTE APPLICATION for Extension of Time to Answer. Ralph Diaz answer due 12/7/2020; Pacific Investment Management Company answer due 12/7/2020. (twdb)
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| Filing 27 NOTICE of Interested Parties filed by defendant David De Alba, (Overton, Sarah) |
| Filing 26 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Defendant David De Alba. (Overton, Sarah) |
| Filing 25 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant David De Alba. Motion set for hearing on 12/7/2020 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order) (Overton, Sarah) |
| Filing 24 Joint EX PARTE APPLICATION to Extend Time to File Answer to 12/7/2020 re Complaint - (Discovery), filed by Defendant Pacific Investment Management Company. (Attachments: #1 Declaration of Jennifer Steeve, #2 Proposed Order, #3 Proof of Service) (Steeve, Jennifer) |
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Filing 23
ORDER STRIKING NOTICE OF MOTION #21 by Judge Cormac J. Carney. The document is STRICKEN for the following reason: Hearing information is incorrect as shown in the caption and first paragraph. See also Notice of Motion #22 filed with corrected hearing information. (cw)
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| Filing 22 NOTICE OF MOTION AND MOTION to Consolidate Cases filed by Defendant Pacific Investment Management Company. Motion set for hearing on 11/16/2020 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration, #2 Exhibit A, #3 Proposed Order) (Steeve, Jennifer) |
| Filing 21 [STRICKEN] NOTICE OF MOTION AND MOTION to Consolidate Cases filed by Defendant Pacific Investment Management Company. Motion set for hearing on 11/16/2020 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration, #2 Exhibit A to Steeve Declaration, #3 Proposed Order) (Steeve, Jennifer) Modified on 10/14/2020 (cw). |
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Filing 20
ORDER STRIKING NOTICE OF MOTION #19 by Judge Cormac J. Carney. The document is STRICKEN for the following reason: (1) Hearing information is incorrect; see Judge's Procedures and Schedules webpage when choosing a hearing date for a motion. (cw)
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| Filing 19 [STRICKEN] NOTICE OF MOTION AND MOTION to Consolidate Cases filed by Defendant Pacific Investment Management Company. Motion set for hearing on 11/13/2020 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration, #2 Exhibit A to Steeve Declaration, #3 Proposed Order) (Steeve, Jennifer) Modified on 10/14/2020 (cw). |
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Filing 18
ORDER by Judge Cormac J. Carney: granting #15 Non-Resident Attorney Ryan P. Poscablo APPLICATION to Appear Pro Hac Vice on behalf of Pacific Investment Management Company, designating Jennifer R Steeve as local counsel. (lom)
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Filing 17
ORDER GRANTING MOTION RE EXTENDING TIME TO DEFENDANTS ANNE MARIE SCHUBER AND NAV GILL TO ANSWER COMPLAINT TO NOVEMBER 2, 2020 #14 by Judge Cormac J. Carney (lc)
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| Filing 16 NOTICE of Association of Counsel associating attorney Jill B. Nathan on behalf of Defendants Nav Gill, Anne Marie Schubert. Filed by Defendants Nav Gill, Anne Marie Schubert (Attorney Jill B. Nathan added to party Nav Gill(pty:dft), Attorney Jill B. Nathan added to party Anne Marie Schubert(pty:dft))(Nathan, Jill) |
| Filing 15 APPLICATION of Non-Resident Attorney Ryan P. Poscablo to Appear Pro Hac Vice on behalf of Defendant Pacific Investment Management Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28274806) filed by Defendant Pacific Investment Management Company. (Attachments: #1 Proposed Order) (Steeve, Jennifer) |
| Filing 14 NOTICE OF MOTION AND MOTION for Extension of Time to File Response to Complaint Following Removal filed by Defendant Nav Gill, Anne Marie Schubert. Motion set for hearing on 10/19/2020 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order) (Attorney Shanan Lee Hewitt added to party Nav Gill(pty:dft), Attorney Shanan Lee Hewitt added to party Anne Marie Schubert(pty:dft)) (Hewitt, Shanan) |
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Filing 13
ORDER by Judge Cormac J. Carney: Granting EX PARTE APPLICATION for Extension of Time to Answer (Dkt. #11 ). Defendant shall have until October 24, 2020 to file a motion to dismiss or otherwise plead to plaintiffs complaint. David De Alba answer due 10/24/2020. (twdb)
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Filing 12
ORDER by Judge Cormac J. Carney: Granting EX PARTE APPLICATION for Extension of Time to Respond to Plaintiff's Complaint (Dkt. #9 ). APPROVED. Moving Defendants shall have until October 24, 2020 to answer or otherwise respond to Plaintiffs Complaint. (twdb)
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| Filing 11 EX PARTE APPLICATION to Extend Time to File Answer to 10/24/2020 re Complaint - (Discovery), filed by defendant David De Alba. (Attachments: #1 Proposed Order) (Attorney Sarah L Overton added to party David De Alba(pty:dft)) (Overton, Sarah) |
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Filing 10
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 (Related Case) filed. Transfer of case declined by Judge Josephine L. Staton, for the reasons set forth on this order. Related Case No. 8:20-cv-01141 JLS (DFMx). (rrp)
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| Filing 9 Joint EX PARTE APPLICATION for Extension of Time to File Defendants' Response to Plaintiff's Complaint filed by Defendant Pacific Investment Management Company. (Attachments: #1 Affidavit of Jennifer Steeve in Support of Defendants' Joint Motion for an Extension of Time to Respond to Plaintiff's Complaint, #2 Proof of Service to Non-ECF Users) (Steeve, Jennifer) |
| Filing 8 PROOF OF SERVICE filed by Defendant Pacific Investment Management Company, re Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Notice of Assignment to United States Judges(CV-18) - optional html form #5 , Intradistrict Transfer - Clerical Error (G-73) - optional html form, #4 served on September 21, 2020. (Steeve, Jennifer) |
| Filing 7 NOTICE of Related Case(s) filed by Defendant Pacific Investment Management Company. Related Case(s): 8:20-cv-01141-JLS-DFM (Steeve, Jennifer) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge John D. Early. (esa) |
| Filing 4 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 Cormac J. Carney for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to John D. Early. New Case Number 8:20-cv-01777 CJC (JDEx). (esa) |
| CONFORMED COPY OF COMPLAINT against defendants David De Alba, Atlantic Financial, Ralph Diaz, Does, Nav Gill, Pacific Investment Management Company, Anne Marie Schubert, Jury Demanded, filed by plaintiff Thomas John Smithson. (filed in state court 7/27/20, submitted as document 1, attachment 1) (esa) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant Pacific Investment Management Company (Steeve, Jennifer) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Pacific Investment Management Company. (Steeve, Jennifer) |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2020-01151531-CU-SL-CXC Receipt No: ACACDC-28129883 - Fee: $400, filed by Defendant Pacific Investment Management Company. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B, #3 Exhibit C) (Attorney Jennifer R Steeve added to party Pacific Investment Management Company(pty:dft))(Steeve, Jennifer) |
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