Schrenk v. Carvana, LLC et al
Plaintiff: Keith Schrenk and Keith Schrenk Doing business as The Car Barn
Defendant: Carvana, LLC and Carvana Group, LLC
Case Number: 2:2019cv01302
Filed: July 12, 2019
Court: US District Court for the Eastern District of California
Presiding Judge: Carolyn K Delaney
Referring Judge: Troy L Nunley
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Petition for Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 21, 2022 Filing 32 ANSWER with Jury Demand by Carvana Group, LLC, Carvana, LLC.(Huseny, Sadik)
February 28, 2022 Opinion or Order Filing 31 ORDER signed by District Judge Troy L. Nunley on 2/23/2022 GRANTING IN PART AND DENYING IN PART Defendants' #23 Motion to Dismiss. Defendants shall file an answer not later than twenty-one (21) days. (Zignago, K.)
December 15, 2020 Filing 30 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 12/15/2020: On the Court's own motion, Defendants' Motion to Dismiss the First Amended Complaint (ECF No. #23 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 2/18/2021 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. (TEXT ONLY ENTRY) (Krueger, M)
December 11, 2020 Filing 29 REPLY by Carvana Group, LLC, Carvana, LLC to RESPONSE to #23 Motion to Dismiss,. (Huseny, Sadik)
November 23, 2020 Filing 28 OPPOSITION by Keith Schrenk to #23 Motion to Dismiss. (Attachments: #1 Declaration of J. Jason Hill, #2 Proof of Service)(Hill, James)
November 16, 2020 Opinion or Order Filing 27 ORDER signed by District Judge Troy L. Nunley on 11/13/2020 GRANTING #26 Ex Parte Application. The deadline for Plaintiff to file an opposition to the Motion to Dismiss the First Amended Complaint is CONTINUED from 11/16/2020 to 11/23/2020. The deadline for Defendants to file a Reply to the Motion to Dismiss the First Amended Complaint is CONTINUED from 12/4/2020 to 12/11/2020. Motion Hearing CONTINUED to 2/18/2021 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Mena-Sanchez, L)
November 12, 2020 Filing 26 EX PARTE APPLICATION by Keith Schrenk for Continuance of Briefing and Hearing on Defendants' Motion to Dismiss First Amended Complaint. (Attachments: #1 Declaration of J. Jason Hill, #2 Proposed Order, #3 Proof of Service)(Hill, James) Modified on 11/13/2020 (Kaminski, H).
November 4, 2020 Opinion or Order Filing 25 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/3/2020 APPROVING the briefing schedule for Defendants' Motion to Dismiss the First Amended Complaint is as follows: Plaintiff's Opposition to Defendants' Motion to Dismiss the First Amended Complaint is due on or before 11/16/2020; Defendants' Reply in support of the Motion to Dismiss the First Amended Complaint is due on or before 12/4/2020; and the Hearing on the Motion to Dismiss the First Amended Complaint is set for 12/17/2020, at 2:00 p.m. (Becknal, R)
November 3, 2020 Filing 24 STIPULATION and PROPOSED ORDER for Order Setting Briefing Schedule for Defendants' Motion to Dismiss by Keith Schrenk. (Hill, James)
October 13, 2020 Filing 23 MOTION to DISMISS by Carvana Group, LLC, Carvana, LLC. Motion Hearing set for 12/3/2020 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Huseny, Sadik)
September 1, 2020 Opinion or Order Filing 22 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 9/1/2020 ORDERING that Defendants shall file their responsive pleading to #20 First Amended Complaint by 10/13/2020, Plaintiff shall file its Opposition to Defendant's responsive pleading by 11/3/2020, and Defendants shall file their Reply in support of their responsive pleading by 11/17/2020. (Huang, H)
August 31, 2020 Filing 21 STIPULATION and PROPOSED ORDER for Extension of Time for Defendants to Answer Plaintiff's First Amended Class Action Complaint by Carvana Group, LLC, Carvana, LLC. (Huseny, Sadik)
August 18, 2020 Filing 20 FIRST AMENDED COMPLAINT against All Defendants by Keith Schrenk.(Hill, James)
July 28, 2020 Opinion or Order Filing 19 ORDER signed by District Judge Troy L. Nunley on 7/27/20 GRANTING #11 Motion to Dismiss in its entirety with leave to amend. The Court DENIES Plaintiff's request to conduct limited discovery without prejudice. Plaintiff is granted twenty-one (21) days from the date of electronic filing of this Order to file an amended complaint. Defendants are afforded twenty-one (21) days from the date Plaintiff files an amended complaint to file a responsive pleading. (Kaminski, H)
March 6, 2020 Filing 18 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 3/6/2020: The Court has reviewed the parties' Stipulation (ECF No. #17 ) and hereby VACATES the 3/17/2020 hearing date. Due to scheduling issues, the Court declines to reset the motion for a new date at this time, and the matter stands SUBMITTED. (TEXT ONLY ENTRY) (Krueger, M)
March 6, 2020 Filing 17 STIPULATION and PROPOSED ORDER for Continuance of Hearing on Defendants' Motion to Dismiss by Keith Schrenk. (Attachments: #1 Proposed Order, #2 Proof of Service)(Hill, James)
February 25, 2020 Filing 16 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on February 25, 2020: The Court has reviewed all materials filed in connection with Defendants' pending Motion to Dismiss (ECF No. #11 ), and hereby SETS the motion for a hearing on Tuesday, March 17, 2020, at 9:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. The parties are advised that the Court will be prepared to issue a ruling on the motion from the bench. (TEXT ONLY ENTRY) (Krueger, M)
October 21, 2019 Filing 15 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 10/21/2019: On the Court's own motion, Defendants' Motion to Dismiss (ECF No. #11 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 11/14/2019 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. (TEXT ONLY ENTRY) (Krueger, M)
October 18, 2019 Filing 14 REPLY in support of #11 Motion to Dismiss by Carvana Group, LLC, Carvana, LLC. (Huseny, Sadik) Modified on 10/22/2019 (Huang, H).
September 27, 2019 Filing 13 OPPOSITION by Keith Schrenk to #11 Motion to Dismiss. (Attachments: #1 Declaration of J. Jason, #2 Proof of Service)(Hill, James) Modified on 9/30/2019 (Reader, L).
September 23, 2019 Filing 12 JOINT REPORT by Carvana Group, LLC, Carvana, LLC. (Huseny, Sadik) Modified on 9/24/2019 (Kaminski, H).
August 16, 2019 Filing 11 MOTION to DISMISS by Carvana Group, LLC, Carvana, LLC. Motion Hearing set for 11/14/2019 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Memorandum of Points and Authorities, #2 Request for Judicial Notice, #3 Proposed Order)(Huseny, Sadik)
August 13, 2019 Filing 10 MINUTE ORDER issued by Courtroom Deputy M. Krueger District Judge Troy L. Nunley on 8/13/2019: The Court is in receipt of the parties' Joint Statement identifying this case a class action (ECF No. #8 ). The Court will issue an amended scheduling order, if necessary, after it rules on Defendants' anticipated motion to dismiss to be set for hearing on 11/14/2019 (ECF No. #8 ). (TEXT ONLY ENTRY) (Krueger, M)
August 12, 2019 Filing 9 JOINT STATEMENT Re Special Case by Plaintiff Keith Schrenk. (Hill, James) Modified on 8/13/2019 (Benson, A.).
August 12, 2019 Opinion or Order Filing 8 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/12/2019 ORDERING that Defendants' Motion to Dismiss is due by 8/16/2019, Plaintiff's Opposition is due by 9/27/2019, Defendants' Reply is due by 10/18/2019, and the Hearing on the Motion to Dismiss is SET for 11/14/2019 at 2:00 PM. (Huang, H)
August 9, 2019 Filing 7 STIPULATION and PROPOSED ORDER for Setting Briefing Schedule on Defendants' Motion to Dismiss by Carvana Group, LLC, Carvana, LLC. (Huseny, Sadik)
July 25, 2019 Filing 6 NOTICE of COMPLIANCE by Carvana Group, LLC, Carvana, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Huseny, Sadik)
July 19, 2019 Filing 5 NOTICE of APPEARANCE by Isam Charles Khoury on behalf of Keith Schrenk. Attorney Khoury, Isam Charles added. (Khoury, Isam)
July 19, 2019 Filing 4 NOTICE of APPEARANCE by James Jason Hill on behalf of Keith Schrenk. Attorney Hill, James Jason added. (Hill, James)
July 18, 2019 Filing 3 STIPULATION Extending Time to Respond to Complaint by Carvana Group, LLC, Carvana, LLC. (Huseny, Sadik) Modified on 7/18/2019 (Kaminski, H).
July 12, 2019 Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Coll, A)
July 12, 2019 Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 34-2019-00257244 by All Defendants. (Filing fee $ 400, receipt number 0972-8355045) (Attachments: #1 Declaration, #2 Declaration, #3 Rule 7.1 Disclosure Statement, #4 Civil Cover Sheet, #5 Certificate of Service)(Huseny, Sadik)

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Defendant: Carvana, LLC
Represented By: Sadik Harry Huseny
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Defendant: Carvana Group, LLC
Represented By: Sadik Harry Huseny
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Plaintiff: Keith Schrenk
Represented By: Timothy Douglas Cohelan
Represented By: James Jason Hill
Represented By: Isam Charles Khoury
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Plaintiff: Keith Schrenk Doing business as The Car Barn
Represented By: Timothy Douglas Cohelan
Represented By: James Jason Hill
Represented By: Isam Charles Khoury
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