MVP Asset Management (USA) LLC v. Vestbirk, et al
| MVP Asset Management (USA) LLC |
| Steven Vestbirk, Jeff Balliet, Allison Hanslik, Jim Granat, Ark Royal Asset Management, LTD, Vestbirk Capital Management, LTD, Ark Royal Asset Management, LLC, Ark Discovery, LLC, Ark Royal Holdings, LLC, Ark Royal Services, Inc., Ark Royal Capital, LLC, Ark Royal Capital Funding, LLC, Ark Royal Capital, Inc, Royal Capital Funding, LLC, Ark Royal Resources LLC, Ark Royal Assurance LLC and Ary Royal Investments, LLC |
| 2:2010cv02483 |
| September 14, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kimberly J. Mueller |
| Garland E. Burrell |
| Securities/Commodities/Exchanges |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
170
STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 1/28/2014 ORDERING that all dispositional documents be filed by 2/21/2014. (Michel, G)
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Filing
168
STIPULATION and ORDER 167 signed by District Judge Troy L. Nunley on 12/30/13 GRANTING the parties an additonal 30 days within which to file the final dismissal documents. (Kastilahn, A)
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Filing
154
STIPULATION and ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DISMISS signed by District Judge Troy L. Nunley on 4/29/2013 ORDERING that Defendants shall file and serve their moving papers on or before 6/13/2013; Plaintiffs shall file and serve their opposition on or before 7/18/2013; Defendants shall file and serve their reply on or before 8/1/2013; The hearing shall be noticed for 8/8/2013, at 9:30 a.m. in Courtroom 2. (Zignago, K.)
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Filing
149
STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 3/28/13 ORDERING Plaintiff is granted until April 15, 2013 to file a Fifth Amended Complaint addressing the deficiencies of Plaintiffs pleading discussed in the order of March 22, 201 3 dismissing the Fourth Amended Complaint. Further, Plaintiff is notified that this action may be dismissed with prejudice under Rule 41(b) if Plaintiff fails to file an amended complaint within the prescribed time period. Specially Appearing Defendants have a fourteen (14) day extension of their time to respond to the amended complaint, once filed.(Becknal, R)
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Filing
147
ORDER signed by Judge Garland E. Burrell, Jr on 3/21/13. For the stated reasons, Defendants' 12(b)(6) dismissal motion challenging the federal claims is granted, Defendants 12(b)(6) motion challenging the state claims is deemed withdrawn, and Defendants' 12(b)(2) dismissal motion is denied as moot because of this ruling. Defendants' 12(b)(1) motion is denied because it is based on a challenge that is moot. Plaintiff is granted 10 days from the date on which this order is fil ed to file a Fifth Amended Complaint addressing the deficiencies of Plaintiffs pleading discussed in this order. Further, Plaintiff is notified that this action may be dismissed with prejudice under Rule 41(b) if Plaintiff fails to file an amended complaint within the prescribed time period. (Meuleman, A)
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Filing
146
STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 3/5/13 CONTINUING Status Conference to 6/10/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A joint status report shall be filed 14 days prior to the hearing. (Meuleman, A) Modified on 3/6/2013 (Meuleman, A).
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Filing
144
STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 11/26/12 ORDERING that the Status (Pretrial Scheduling) Conference, presently set for 12/10/12, is CONTINUED to 3/18/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A joint status report shall be filed fourteen days prior to the hearing. (Mena-Sanchez, L)
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Filing
126
ORDER signed by Judge Garland E. Burrell, Jr. on 7/11/2012 GRANTING in part, DENYING in part 109 Motion to Dismiss; GRANTING in part, DENYING in part 111 Motion to Dismiss; DENYING 112 Motion to Dismiss as moot; ORDERING Plaintiff to file a Fourth Amended Complaint within 10 days. (Michel, G)
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Filing
124
STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 6/11/2012 ORDERING that the Status (Pretrial Scheduling) Conference, presently set for 6/25/2012, is CONTINUED to 9/17/2012. A joint status report shall be filed fourteen days prior to the hearing. (Zignago, K.)
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Filing
108
STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 1/17/12 ORDERING the action is STAYED in its entirety for 90 days from the date of entry of this Order; Specially Appearing Defendants' response to the Third Amended Complaint shall be filed and served no later than 20 days after the expiration of the stay, absent further order from the Court; The Status (Pretrial Scheduling) Conference, presently set for 1/30/12, is continued to 6/25/12, at 9:00 a.m. A joint status report shall be filed fourteen days prior to the hearing. (Becknal, R)
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Filing
105
ORDER signed by Judge Garland E. Burrell, Jr. on 1/6/2012 ORDERING that Defendants' 12(b)(1) motion to dismiss each of Plaintiffs claims for lack of subject matter jurisdiction is GRANTED. Since all claims against Defendants are dismissed, Defen dants' 12(b)(6) and 12(b)(2) motion to dismiss is DENIED as moot. Plaintiff is granted ten (10) days from the date on which this order is filed to file a Third Amended Complaint addressing the issues raised in this order. Further, Plaintiff is notified that this action may be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) if Plaintiff fails to file an amended complaint within the prescribed time period. (Zignago, K.)
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Filing
103
STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 12/13/2011 EXTENDING Time for Defendant Steven Vestbirk to respond to 79 Second Amended Complaint. Answer due by 2/6/2012; Opposition due by 2/20/2012; Reply due by 2/27/2012. The hearing on the Defendant's anticipated Motion to Dismiss shall be noticed for 3/5/2012. (Michel, G)
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Filing
81
STIPULATION and ORDER 80 signed by Judge Garland E. Burrell, Jr., on 10/28/11 ORDERING that the Status (Pretrial Scheduling) Conference is CONTINUED to 1/30/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. A joint status report shall be filed 14 days prior to the hearing.(Kastilahn, A)
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Filing
78
ORDER signed by Judge Garland E. Burrell, Jr. on 9/21/2011. MVPAM is granted 10 days from date this Order to file a Second Amended Complaint addressing issues raised. Further, MVPAM is notified that action may be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) if they fail to file an Amended Complaint w/in prescribed time period. (Marciel, M)
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Filing
53
ORDER signed by Judge Garland E. Burrell, Jr on 4/14/11 ORDERING that MVPAM is granted 10 days from the date on which this order is filed to file a First Amended Complaint. (Dillon, M)
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Filing
52
ORDER signed by Judge Garland E. Burrell, Jr on 4/4/11 ORDERING that dft Royal Capital Funding, LLC is DISMISSED from this action without prejudice.(Duong, D)
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Filing
31
ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE signed by Judge Garland E. Burrell, Jr on 3/23/11 ORDERING the Status Conference set for 3/28/11, is continued to 6/13/11, at 9:00 a.m. A joint status report shall be filed no later than fourt een (14) days prior to Status Conference. Plaintiff is notified that any defendant not served within the 120 day period may be dismissed as a defendant in this action unless Plaintiff provides proof of service or "shows good cause for the failure" to serve w/i this prescribed period in a filing due no later than 4:00 p.m. on 4/1/11. (Becknal, R)
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Filing
15
STIPULATION and ORDER 14 signed by Judge Garland E. Burrell, Jr., on 1/26/11: The Status (Pretrial Scheduling) Conference is CONT'D from 2/14/11 TO 4/11/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. A joint status report shall be filed 14 days prior to the hearing. (Kastilahn, A)
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Filing
12
ORDER granting 10 Ex Parte Application, signed by Judge Garland E. Burrell, Jr on 1/11/11. Pltf has to and including March 14, 2011 by which to serve the summons and complaint on Defendant Jim Granat.(Kastilahn, A)
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