King et al v. Portfolio Preservation, LLC, et al
| Gordon King and Donna Rae King |
| Kingsley Charles, Portfolio Preservation, LLC, NMS, Inc., Aegis American Risk Management Group, LLC and Portfolio Preservation, LLC Doing business as Aegis Shield |
| 2:2019cv01916 |
| September 20, 2019 |
| US District Court for the Eastern District of California |
| Carolyn K Delaney |
| John A Mendez |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 18, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 57
CASE DISMISSED with prejudice pursuant to F.R.Cv.P. 41(a)(1)(A)(ii). See #56 Stipulation for Dismissal. CASE CLOSED. [TEXT ONLY ENTRY] (Michel, G.)
|
|
Filing 56
STIPULATION FOR DISMISSAL by Plaintiffs. (Koss, Adam)
|
|
Filing 55
PRETRIAL SCHEDULING ORDER signed by District Judge John A. Mendez on 01/18/2022 SCHEDULING the dates as follows: Dispositive Motions due by 9/16/2022; Motion Hearing set for 11/1/2022 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. Discovery due by 8/5/2022; Designation of Expert Witnesses due by 6/3/2022; Supplemental Disclosure and Disclosure of any Rebuttal Experts shall be made by 6/17/2022; Not later than 14 days prior to the close of Discovery, the parties shall file a brief Joint Statement; Final Pretrial Conference set for 12/16/2022 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. Jury Trial set for 1/30/2023 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. This Status Order will become final without further Order of Court unless objection is lodged within 7 days of the date of this Order. (Rodriguez, E)
|
|
Filing 54
JOINT STATUS REPORT by Donna Rae King. (Koss, Adam)
|
|
Filing 53
DEFAULT JUDGMENT signed by District Judge John A. Mendez on 12/29/2021 against Aegis American Risk Management Group, LLC, Portfolio Preservation, LLC.(Huang, H)
|
|
Filing 52
ORDER signed by District Judge John A. Mendez on 12/29/2021 ADOPTING #51 Findings and Recommendations in full, and GRANTING #45 , #46 Motions for Default Judgment. Judgment is ENTERED in plaintiffs' favor and against defendant Portfolio Preservation, LLC dba Aegis Shield, and against Aegis American Risk Management Group. Plaintiffs are AWARDED damages in the amount of $2,001,273.58. Plaintiffs are AWARDED attorneys' fees and costs in the amount of $12,105.35. (Huang, H)
|
|
Filing 51
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/8/2021 VACATING the #48 Findings and Recommendations and RECOMMENDING that #45 & #46 Motions for Default Judgment be Granted, that Judgment be Entered in plaintiff's favor and against defendant Portfolio Preservation, LLC and against Aegis American Risk Management Group, that Plaintiff be awarded damages in the amount of $2,001,273.58, and that Plaintiff be awarded attorneys' fees and costs in the amount of $12,105.35. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Coll, A)
|
|
Filing 50
OBJECTIONS to FINDINGS and RECOMMENDATIONS #48 by Defendant Kingsley Charles. (Mandell, Joshua)
|
|
Filing 49
PROOF OF SERVICE on order and findings and recommendations by Donna Rae King. (Koss, Adam) Modified on 12/3/2021 (Reader, L).
|
|
Filing 48
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/18/21 RECOMMENDING that #45 #46 Plaintiff's motions for default judgment be granted; Judgment be entered in plaintiff's favor and against defendant Portfolio Preservation, LLC dba Aegis Shield, and against Aegis American Risk Management Group; Plaintiff be awarded damages in the amount of $2,001,273.58 and awarded attorneys' fees and costs in the amount of $12,105.35; and ORDERING that plaintiff shall serve copies of this order and findings and recommendations on defendants by U.S. mail at their last-known addresses. Referred to Judge John A. Mendez; Objections to F&Rs due within 14 days. (Benson, A.)
|
|
Filing 47
MINUTE ORDER issued by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 11/10/2021: On the court's own motion, the hearing on plaintiff's unopposed Motions for Default Judgment (ECF Nos. #45 , #46 ) currently calendared for 11/17/2021 is VACATED and the matters are taken under submission without appearance and argument pursuant to Local Rule 230(c) and (g). If the court subsequently concludes oral argument or supplemental briefing is necessary, a hearing or due date will be set and the parties notified accordingly. (Text Only Entry)(Streeter, J)
|
|
Filing 46
MOTION for DEFAULT JUDGMENT as to Defendant Aegis American Risk Management Group by Donna Rae King, Gordon King. Motion Hearing set for 11/17/2021 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Declaration of Donna King, #2 Declaration of Adam Koss)(Koss, Adam) Modified on 10/18/2021 (Kaminski, H).
|
|
Filing 45
MOTION for DEFAULT JUDGMENT as to Defendant Portfolio Preservation by Donna Rae King, Gordon King. Motion Hearing set for 11/17/2021 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Declaration of Donna King, #2 Declaration of Adam Koss)(Koss, Adam) Modified on 10/18/2021 (Kaminski, H).
|
|
Filing 44
MINUTE ORDER: The parties are ORDERED to file an updated Joint Status Report pursuant to the provisions of F.R.Cv.P. 16 and 26, in accordance with Local Rule 240 and the Court's Order Requiring Service of Process and Joint Status Report, within fourteen (14) days after the Court's ruling on Plaintiffs' forthcoming motions for default judgment. [TEXT ENTRY ONLY] (Michel, G.)
|
|
Filing 43
JOINT STATUS REPORT by Donna Rae King. (Koss, Adam)
|
|
Filing 42
MINUTE ORDER: The parties are ORDERED to file a Joint Status Report pursuant to the provisions of Fed. R. Civ. P. 16 and 26, in accordance with Local Rule 240 and the Court's Order Requiring Service of Process and Joint Status Report, within fourteen (14) days. [TEXT ONLY ENTRY] (Michel, G.)
|
|
Filing 41
ANSWER by Kingsley Charles.(Mandell, Joshua)
|
|
Filing 40
WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Kingsley Charles on 6/28/2021, Answer due 8/27/2021 (Koss, Adam)
|
|
Filing 39
CLERK'S ENTRY OF DEFAULT as to *Aegis American Risk Management Group, LLC* (Becknal, R)
|
|
Filing 38
CLERK'S ENTRY OF DEFAULT as to *Portfolio Preservation, LLC* (Becknal, R)
|
|
Filing 37
STIPULATION and ORDER signed by District Judge John A. Mendez on 6/28/2021 LIFTING the Default Judgment against defendant Kingsley Charles entered 4/27/2021; TAKING OF CALENDAR AS MOOT #31 Motion to Set Aside; and DIRECTING the parties to have a conference under Rule of Civil Procedure 26(f) and submit a joint status report within 30 days of the filing of Kingsley Charles' responsive pleading. (Coll, A)
|
|
Filing 36
REQUEST FOR ENTRY OF DEFAULT as to Aegis American Risk Management Group, LLC by Gordon King, Donna Rae King. (Attachments: #1 Declaration in support of request for default)(Koss, Adam)
|
|
Filing 35
REQUEST FOR ENTRY OF DEFAULT as to Portfolio Preservation, LLC by Gordon King, Donna Rae King. (Attachments: #1 Declaration in support of request for default)(Koss, Adam)
|
|
Filing 34
STIPULATION and PROPOSED ORDER to Set Aside Default Judgment by Donna Rae King, Gordon King. (Koss, Adam)
|
|
Filing 33
SUMMONS RETURNED EXECUTED: Portfolio Preservation, LLC served on 5/22/2021, answer due 6/14/2021. (Koss, Adam)
|
|
Filing 32
SUMMONS RETURNED EXECUTED: Aegis American Risk Management Group, LLC served on 5/22/2021, answer due 6/14/2021. (Koss, Adam)
|
|
Filing 31
MOTION to SET ASIDE #30 Default Judgment by Kingsley Charles. Attorney Mandell, Joshua added. Motion Hearing set for 7/27/2021 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Memorandum, #2 Declaration)(Mandell, Joshua) Modified on 5/26/2021 (Benson, A.).
|
|
Filing 30
[LIFTED - See #37 Stipulation and Order] JUDGMENT dated *4/27/2021* pursuant to order signed by District Judge John A. Mendez on 4/26/2021 against Kingsley Charles. (Becknal, R) Modified on 6/30/2021 (Coll, A).
|
|
Filing 29
ORDER signed by District Judge John A. Mendez on 4/26/2021 ADOPTING in full the #25 Findings and Recommendations; GRANTING Plaintiff's #23 motion for default judgment against defendant Charles with damages in the amount of $2,121,675.05, Attorneys' fees and costs in the amount of $11,063.05; VACATING, the 6/11/2021 trial date and related pre-trial deadlines; GRANTING Plaintiff's request to serve defendants Portfolio Preservation, LLC, and Aegis American Risk Management Group, LLC, by hand to the California Secretary of State ; and LIFTING the prohibition in the court's 12/23/2019 order on service of defendants without leave of court as to defendants Portfolio Preservation, LLC, and Aegis American Risk Management Group, LLC. (Becknal, R)
|
|
Filing 28
MINUTE ORDER: The parties are hereby notified that keeping in compliance with the Court's General Orders addressing the COVID-19 outbreak, the Pretrial Conference currently set in this matter is CONTINUED to 12/17/2021 at 10:00 AM. The parties' Joint Pretrial Statement shall be filed no less than seven (7) days prior to the Pretrial Conference. The Jury Trial is CONTINUED to 2/7/2022 at 9:00 AM. [TEXT ENTRY ONLY] (Michel, G.)
|
|
Filing 27
RESPONSE to #25 Findings and Recommendations by Donna Rae King. (Attachments: #1 Declaration)(Koss, Adam) Modified on 3/16/2021 (Coll, A).
|
|
Filing 26
NOTICE of ENTRY of ORDER by All Plaintiffs. (Koss, Adam)
|
|
Filing 25
ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/22/2021 RECOMMENDING the Plaintiff's motion for default judgment #23 be GRANTED; Judgment be entered in plaintiff's favor and against defendant Charles; Plaintiff be awarded damages in the amount of $2,121,675.05; Plaintiff be awarded attorneys' fees and costs in the amount of $11,063.05; and ORDERING that plaintiff shall forthwith serve copies of this order and findings and recommendations on defendant by U.S. mail at his last-known addresses. Further, defendant Aegis has not yet appeared in this action. Plaintiff has not requested dismissal of this defendant, nor has plaintiff requested an entry of default as to this defendant. The court orders plaintiff to file, within 21 days, a notice explaining the status of defendant Aegis and how plaintiff wishes to proceed. Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
|
|
Filing 24
MINUTES (Text Only) for MOTION HEARING held via video conference before Magistrate Judge Carolyn K. Delaney on 2/17/2021 re #23 MOTION for DEFAULT JUDGMENT. No appearance by the defendants. Matter submitted. Order to issue. Plaintiffs Counsel Adam Koss present. Defendants Counsel No appearance present. Court Reporter/CD Number: Kacy Barajas. (Streeter, J)
|
|
Filing 23
MOTION for DEFAULT JUDGMENT by Donna Rae King. Motion Hearing set for 2/17/2021 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Declaration of Donna King, #2 Declaration of Adam Koss)(Koss, Adam)
|
|
Filing 22
MINUTE ORDER: On October 5, 2020, Plaintiff Donna Rae King filed a Motion to Amend the Complaint to substitute herself as successor in interest for deceased Plaintiff Gordon King. See ECF No. #20 . Defendants did not oppose. Accordingly, the Court GRANTS Plaintiffs Motion to Amend the Complaint. However, the Court notes that Plaintiff failed to comply with the Courts Order re Filing Requirements. ECF No. #4 -2. That Order requires that counsel contemplating the filing of any motion... shall first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution. Id. at 2. This conference must take place at least ten (10) days prior to the filing of the motion. Id. The parties must abide by this requirement going forward. In addition, when a motion is unopposed, the party not opposing it should file a statement to that effect, see E.D. Cal. L.R. 230(c), and/or the parties should file a stipulation. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.)
|
|
Filing 21
MINUTE ORDER: The parties are hereby notified that keeping in compliance with the Court's General Orders addressing the COVID-19 outbreak, the Pretrial Conference currently set in this matter is CONTINUED to 6/11/2021 at 11:00 AM. The parties' Joint Pretrial Statement shall be filed no less than seven (7) days prior to the Pretrial Conference. The Jury Trial is CONTINUED to 8/2/2021 at 9:00 AM. [TEXT ENTRY ONLY] (Michel, G.)
|
|
Filing 20
MOTION to AMEND the #1 Complaint by Donna Rae King. Motion Hearing set for 11/24/2020 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Memorandum, #2 Declaration)(Koss, Adam)
|
|
Filing 19
STATEMENT of DEATH filed by Plaintiffs Donna Rae King, Gordon King. (Koss, Adam)
|
|
Filing 18
STIPULATION of DISMISSAL as to Defendant NMS, Inc. by Donna Rae King, Gordon King. (Koss, Adam) Modified on 7/31/2020 (Huang, H).
|
|
Filing 17
ORDER signed by District Judge John A. Mendez on 7/13/2020 GRANTING #11 Defendant NMS, Inc.'s Motion for Good Faith Determination. (Kastilahn, A)
|
|
Filing 16
MINUTE ORDER issued by Relief Courtroom Deputy G. Michel for District Judge John A. Mendez: The defendant's #11 Motion to Determine Good Faith of Settlement is ORDERED SUBMITTED without appearance and without argument pursuant to Local Rule 230(g). As such, the Motion Hearing set for 7/14/2020 is hereby VACATED. If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. [TEXT ENTRY ONLY] (Michel, G.)
|
|
Filing 15
REPLY by NMS, Inc. re #11 Motion to determine Good Faith Settlement. (Attachments: #1 Declaration)(Shepherd, Michael) Modified on 7/7/2020 (Kaminski, H).
|
|
Filing 14
CLERK'S ENTRY OF DEFAULT as to *Kingsley Charles* (Kaminski, H)
|
|
Filing 13
REQUEST FOR ENTRY OF DEFAULT as to Kingsley Charles by Gordon King, Donna Rae King. (Attachments: #1 Declaration in support of request for default)(Koss, Adam)
|
|
Filing 12
NOTICE of SETTLEMENT by Donna Rae King, Gordon King. Dispositional Docs due by 7/15/2020. (Koss, Adam)
|
|
Filing 11
MOTION to determine Good Faith Settlement by NMS, Inc. Motion Hearing SET for 7/14/2020 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Declaration of Counsel, #2 Stipulation, #3 Proposed Order)(Shepherd, Michael) Modified on 5/7/2020 (Mena-Sanchez, L).
|
|
Filing 10
STATUS PRE-TRIAL SCHEDULING ORDER signed by District Judge John A. Mendez on 12/20/19 ORDERING that all Dispositive Motions be filed by 09/29/20 and heard 10/27/20 at 1:30 p.m.; Discovery completed by 08/28/20; joint mid-litigation statements due 14 days prior to close of discovery; Designation of Expert Witnesses due by 06/19/20 with any supplemental/rebuttal expert disclosures due by 07/03/20; Final Pretrial Conference set for 12/11/20 at 11:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez with a joint pretrial statement due 7 days prior; Jury Trial set for 02/01/21 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Objections due within 7 days.(Benson, A.)
|
|
Filing 9
JOINT STATUS REPORT by NMS, Inc.. (Shepherd, Michael)
|
|
Filing 8
ANSWER with Jury Demand by NMS, Inc.. Attorney Shepherd, Michael Vinton added.(Shepherd, Michael)
|
|
Filing 7
STIPULATION to EXTEND TIME to 11/27/2019, for NMS, Inc. to respond to #1 Complaint by Donna Rae King, Gordon King. (Koss, Adam) Modified on 11/18/2019 (York, M).
|
|
Filing 6
SUMMONS RETURNED EXECUTED: NMS, Inc. served on 10/23/2019, answer due 11/13/2019. (Koss, Adam)
|
|
Filing 5
SUMMONS RETURNED EXECUTED: Kingsley Charles served on 10/11/2019. (Koss, Adam) Modified on 11/18/2019 (York, M).
|
|
Filing 4
CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Benson, A.)
|
|
Filing 3
SUMMONS ISSUED as to *Aegis American Risk Management Group, LLC, Kingsley Charles, NMS, Inc., Portfolio Preservation, LLC* with answer to complaint due within *21* days. Attorney *Adam Koss* *Koss Firm* *1730 S. Amphlett Blvd., Suite 202* *San Mateo, CA 94402*. (Benson, A.)
|
|
Filing 2
CIVIL COVER SHEET by Donna Rae King, Gordon King (Koss, Adam)
|
|
Filing 1
COMPLAINT against All Defendants by Gordon King, Donna Rae King. (Filing fee $ 400, receipt number 0972-8473176) (Koss, Adam)
|
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 Eastern 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.
