Johnson v. Pick 6 Tahoe LLC
| Kevin Johnson |
| Pick 6 Tahoe LLC |
| 2:2019cv02186 |
| October 29, 2019 |
| US District Court for the Eastern District of California |
| Deborah Barnes |
| Kimberly J Mueller |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2023. A more recent docket listing may be available from PACER.
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Filing 68
JUDGMENT dated *8/25/2023* pursuant to order signed by Magistrate Judge Deborah Barnes on 8/24/2023 in favor of Plaintiff against Defendant. (Mena-Sanchez, L)
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Filing 67
ORDER signed by Magistrate Judge Deborah Barnes on 8/24/2023 GRANTING #43 Motion for entry of Judgment; A judgment is entered against defendant in the amount of $17,763.56. Defense counsel's 4/10/2023 #54 Motion to Withdraw as Attorney is GRANTED. Defendant is granted 60 days to retain new counsel; Attorney Morgan Mack shall serve a copy of this order on the defendant and Matt DeLima within 21 days; and Within 7 days of serving a copy of this order attorney Mack shall file proof of such service. (Mena-Sanchez, L)
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| Filing 66 CERTIFICATE / PROOF of SERVICE by Pick 6 Tahoe LLC re #65 Declaration. (Mack, Morgan) |
| Filing 65 DECLARATION of Morgan M. Mack. (Mack, Morgan) |
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Filing 64
ORDER signed by Magistrate Judge Deborah Barnes on 5/22/23 ORDERING that within seven days of the date of this order defense counsel shall file a declaration addressing defense counsel's discussions with the defendant with respect to the parties' 3/23/22 stipulation, without discussing any privileged information. Defense counsel shall file proof of service of the declaration on the defendant with 14 days of the date of filing the declaration. (Kastilahn, A)
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| Filing 63 MINUTES (Text Only) for MOTION HEARING via video conference before Magistrate Judge Deborah held on 5/19/2023 re Defendant's #54 Motion to Withdraw as Attorney. Plaintiff's counsel Joshua Watson, present and consented to appear via Zoom. Defendant's counsel, Morgan Mack, present and consented to appear via Zoom. Arguments heard. After the hearing and for the reasons stated on the record, the matter was SUBMITTED. Plaintiffs Counsel: Joshua Watson present. Defendants Counsel: Morgan Mack present. Court Reporter: R. Alvarez. (Her, S) |
| Filing 62 DECLARATION of Joshua H. Watson in support of #41 Motion for Judgment,. (Watson, Joshua) |
| Filing 61 STATEMENT of NON-OPPOSITION by Kevin Johnson to #54 Motion to Withdraw as Attorney. (Watson, Joshua) |
| Filing 60 NOTICE to RESCHEDULE HEARING on #54 Motion to Withdraw as Attorney : Motion Hearing RESET for 5/19/2023 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Attachments: #1Certificate of Service)(Mack, Morgan) |
| Filing 59 CERTIFICATE / PROOF of SERVICE by Pick 6 Tahoe LLC. (Lazear, Arthur) |
| Filing 58 PROPOSED ORDER re #54 Motion to Withdraw as Attorney. (Lazear, Arthur) Modified on 4/11/2023 (Benson, A.). |
| Filing 57 DECLARATION of Angela F. Lazear in support of #54 Motion to Withdraw as Attorney. (Lazear, Arthur) Modified on 4/11/2023 (Benson, A.). |
| Filing 56 DECLARATION of Morgan M. Mack in support of #54 Motion to Withdraw as Attorney. (Lazear, Arthur) Modified on 4/11/2023 (Benson, A.). |
| Filing 55 MEMORANDUM by Pick 6 Tahoe LLC in support of #54 Motion to Withdraw as Attorney. (Lazear, Arthur) |
| Filing 54 MOTION to WITHDRAW as ATTORNEY by Arthur Lazear and Morgan Mack for Pick 6 Tahoe LLC. (Lazear, Arthur) Modified on 4/11/2023 (Benson, A.). |
| Filing 53 CERTIFICATE / PROOF of SERVICE #52 Order by Pick 6 Tahoe LLC. (Mack, Morgan) Modified on 3/21/2023 (Licea Chavez, V). |
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Filing 52
ORDER signed by Magistrate Judge Deborah Barnes on 03/13/23 SUBMITTING #43 Motion for Judgment and DENYING, without prejudice, #46 Motion to Withdraw as Attorney. Within 28 days from the date of this order defense counsel shall file a renewed motion to withdraw. Within 14 days of the date of this order attorney Mack shall serve a copy of this order on the defendant and file proof of that service. (Licea Chavez, V)
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| Filing 51 MINUTES (Text Only) for MOTION HEARING via video conference before Magistrate Judge Deborah Barnes held on 03/10/2023 re Plaintiff's #43 Motion for Entry of Judgment and Defendant's #46 Motion to Withdraw as Attorney. Plaintiff's counsel, Joshua Watson, present, and consented to appear via Zoom. Defendant's Counsel, Morgan Mack, present, and consented to appear via Zoom. Arguments heard as to the pending motions. After the hearing and for the reasons stated on the record, the Court SUBMITTED Plaintiff's #43 Motion for Entry of Judgment. As to Defense's Motion: The Court and counsel discussed the pending motion. After the hearing and for reasons stated on the record, defense's #46 Motion to Withdraw as Attorney is DENIED without prejudice. A written findings and recommendations will issue. ECRO: T.Brown-Pilkinton. (Her, S) |
| Filing 50 DECLARATION of Affidavit of Service - Stephen Eckart in re #46 Motion to Withdraw as Attorney,. (Mack, Morgan) |
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Filing 49
ORDER signed by Magistrate Judge Deborah Barnes on 1/30/2023 CONTINUING the #43 and #46 Motion hearing to 3/10/2023 at 10:00am in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Perdue, C.)
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| Filing 48 DECLARATION of Joshua H. Watson in support of #43 Motion for Judgment, #41 Motion for Judgment,. (Watson, Joshua) |
| Filing 47 STATEMENT of NON-OPPOSITION by Kevin Johnson to #46 Motion to Withdraw as Attorney,. (Watson, Joshua) |
| Filing 46 MOTION to WITHDRAW as ATTORNEY by Pick 6 Tahoe LLC. Motion Hearing set for 2/3/2023 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order, #4 Proof of Service)(Mack, Morgan) Modified on 12/29/2022 (Coll, A). |
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Filing 45
ORDER signed by Magistrate Judge Deborah Barnes on 12/07/2022 CONTINUING the Motion Hearing to 2/3/2023 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Within 21 days of the date of this order defense counsel shall file an Amended Statement of non-opposition bearing the wet signature of Matt DeLima as Managing Agent for the defendant. (Rodriguez, E)
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| Filing 44 STATEMENT OF NON-OPPOSITION to #43 Amended Motion for Judgment by Pick 6 Tahoe LLC. (Lazear, Arthur) Modified on 12/7/2022 (Benson, A.). |
| Filing 43 AMENDED #41 MOTION for JUDGMENT by Kevin Johnson. Motion Hearing set for 12/16/2022 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Attachments: #1 Memorandum, #2 Declaration, #3 Exh 1, #4 Exh 2, #5 Exh 3, #6 Exh 4, #7 Proposed Order)(Watson, Joshua) Modified on 11/8/2022 (Coll, A). |
| Filing 42 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Deborah Barnes on 10/5/2022: The Court is in receipt of Plaintiff's Motion for Entry of Judgment Against Defendant Pick 6 Tahoe LLC (ECF No. #41 ). The Motion is not incompliance with Local Rule 230(b). Accordingly, the hearing date set for 11/4/2022 is VACATED. Plaintiff's counsel is DIRECTED to contact M York (MYork@caed.uscourts.gov), Courtroom Deputy for Magistrate Judge Deborah Barnes to obtain available civil law and motion hearing dates and renotice the motion. (York, M) |
| Filing 41 MOTION for JUDGMENT pursuant to settlement agreement by Kevin Johnson. Motion Hearing set for 11/4/2022 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Attachments: #1 Memorandum, #2 Watson Declaration, #3 Ex 1 (June Email), #4 Ex 2 (July Email), #5 Ex 3 (August Email), #6 Ex 4 (September Notice of Default Email), #7 Proposed Order)(Watson, Joshua) |
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Filing 40
ORDER signed by Magistrate Judge Deborah Barnes on 6/22/2022 GRANTING #39 stipulation for approval of settlement. The Court will retain jurisdiction over this action to enforce the terms of the settlement. This matter is DISMISSED with prejudice and this action is CLOSED. (Perdue, C.)
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| Filing 39 STIPULATION and PROPOSED ORDER for Approval of Settlement and Dismissal (FLSA) by Kevin Johnson. (Attachments: #1 Exh A - Proposed Settlement, #2 Proposed Order)(Watson, Joshua) |
| Filing 38 CERTIFICATE of SERVICE by Pick 6 Tahoe LLC. (Lazear, Arthur) |
| RECEIPT number #CAE200120664 $1000.00 fbo Morgan Mack by Lazear Mack on 5/4/2022. (Kaminski, H) |
| Filing 37 DECLARATION of Angela F Lazear in RESPONSE to #35 ORDER for Sanctions. (Lazear, Arthur) Modified on 5/4/2022 (Mena-Sanchez, L). |
| Filing 36 CERTIFICATE of SERVICE by Pick 6 Tahoe LLC. (Lazear, Arthur) |
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Filing 35
ORDER signed by Magistrate Judge Deborah Barnes on 4/19/2022 ORDERING attorney Morgan Mack to pay sanctions in the amount of $1,000. This sanction shall be paid by attorney Mack solely and not by the defendant. Counsel shall send a check payable to the Clerk of Court for the Eastern District of California within fourteen days of the date of this order. Within fourteen days of the date of this order attorney Mack shall comply with the 3/28/2022 order. Within fourteen days of the date of this order attorney Mack shall serve a copy of this order on the defendant and file proof of that service. (Zignago, K.)
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| Filing 34 STATEMENT of Preparedness to Proceed filed by Defendant Pick 6 Tahoe LLC. (Lazear, Arthur) |
| RECEIPT number #CAE200120125 $500.00 fbo Morgan Mack by Lazear Mack LLP on 4/4/2022 per #31 Sanctions Order. (Benson, A.) |
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Filing 33
ORDER signed by Magistrate Judge Deborah Barnes on 3/25/22 DENYING #32 Stipulation. Within fourteen days of the date of this order defense counsel shall serve a copy of this order on the defendant and file proof of that service.(Licea Chavez, V)
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| Filing 32 STIPULATION and PROPOSED ORDER for Request to Amend Scheduling Order by Kevin Johnson. (Attachments: #1 Proposed Order)(Watson, Joshua) Modified on 3/24/2022 (Huang, H). |
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Filing 31
ORDER signed by Magistrate Judge Deborah Barnes on 3/22/22 DENYING without prejudice to renewal #23 Motion for Summary Judgment. Attorney Morgan Mack shall pay sanctions in the amount of $500. This sanction shall be paid by attorney Mack solely and not by the defendant. Counsel shall send a check payable to the Clerk of Court for the Eastern District of California within fourteen days of the date of this order. Within twenty-one days of the date of this order attorney Mack shall file either a motion seeking leave to withdraw as counsel or a statement of preparedness to proceed. (Kaminski, H)
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| Filing 30 PROPOSED ORDER re #23 Motion for Summary Judgment. (Watson, Joshua) Modified on 3/22/2022 (Kaminski, H). |
| Filing 29 PROPOSED ORDER re #23 Motion for Summary Judgment. (Watson, Joshua) Modified on 3/22/2022 (Kaminski, H). |
| Filing 28 SUPPLEMENTAL DECLARATION of J. Watson in support of #23 Motion for Summary Judgment. (Watson, Joshua) Modified on 3/22/2022 (Kaminski, H). |
| Filing 27 DECLARATION of Morgan M. Mack re #26 Order to Show Cause. (Lazear, Arthur) Modified on 3/9/2022 (Huang, H). |
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Filing 26
ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 2/22/2022. Defendant shall show cause in writing within fourteen days of the date of this order as to why defendant should not be sanctioned. The hearing re #23 Motion for Summary Judgment is CONTINUED to Friday, 3/25/2022 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. On or before 3/11/2022, defendant shall file a statement of opposition or non-opposition to Plaintiff's Motion for Summary Judgment; and Plaintiff may file a reply on or before 3/18/2022. (Mena-Sanchez, L)
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| Filing 25 SUPPLEMENTAL DECLARATION of Joshua H. Watson in support of #23 Motion for Summary Judgment. (Watson, Joshua) Modified on 2/23/2022 (Coll, A). |
| Filing 24 REPLY by Kevin Johnson to RESPONSE to #23 Motion for Summary Judgment,. (Attachments: #1 Watson Declaration)(Watson, Joshua) |
| Filing 23 MOTION FOR SUMMARY JUDGMENT; MOTION to AMEND SCHEDULING ORDER by Kevin Johnson. Motion Hearing set for 2/25/2022 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Attachments: #1 Memorandum, #2 Johnson Declaration, #3 Watson Declaration, #4 Ex 1 - IRS Mileage Rates, #5 Ex 2 - Cal. Wage Order 5, #6 Ex 3 - Cost for Service of Process, #7 Statement of Undisputed Facts)(Watson, Joshua) Modified on 1/19/2022 (Benson, A.). |
| Filing 22 MINUTE ORDER issued by Courtroom Deputy J. Anderson for Magistrate Judge Allison Claire on 04/30/2021: re 18 Minute Order. On the court's own motion the Settlement Conference currently schedule for 05/04/2021 at 9:00 AM is VACATED due to defendant's failure to timely submit the required settlement conference statement. (Text Only Entry)(Anderson, J) |
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Filing 21
ORDER signed by Magistrate Judge Deborah Barnes on 4/14/21, ORDERING Initial disclosures shall be made on or before May 3, 2021. Initial experts shall be disclosed no later than September 30, 2021. Rebuttal experts shall be disclosed no later than October 8, 2021. Discovery shall be completed by October 29, 2021. All pretrial motions, except motions to compel discovery, shall be completed by December 24, 2021.(Plummer, M)
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Filing 20
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/8/2021 REASSIGNING this Case to Magistrate Judge Deborah Barnes for all further proceedings. The New Case Number is 2:19-cv-02186-DB. (Mena-Sanchez, L)
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| Filing 19 STIPULATION and PROPOSED ORDER Requesting Amended Scheduling Order by Kevin Johnson. (Attachments: #1 Proposed Order)(Watson, Joshua) Modified on 4/2/2021 (Tupolo, A). |
| Filing 18 MINUTE ORDER: Issued by the Courtroom Deputy to the Honorable Allison Claire, U.S. Magistrate Judge. The Defendant has requested a continuance of the settlement conference set on 1/21/2021, without objection from Plaintiffs Counsel. Therefore, the matter is HEREBY continued to Tuesday, May 4, 2021 at 9:00 a.m. The parties are reminded of the requirement that the Settlement Conference Statements are to be filed one week prior to the hearing at acorders@caed.uscourts.gov and will be due on 4/27/2021. At this time the hearing is scheduled to proceed by remote means and the parties are to contact the Judicial Assistant Donna Dal Porto at 916-930-4120 one week prior to the hearing. Mrs. Dal Porto will provide you with the Zoom Information for the proceeding. (Text Only) (V. Callen) |
| Filing 17 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: In light of the parties' comments at the 6/11/2020 Scheduling Conference, a Settlement Conference is SET for 1/21/2021 at 9:00 AM in Courtroom 26 before Magistrate Judge Allison Claire. The parties are instructed to have a principal with full settlement authority present at the settlement conference or to be fully authorized to settle the matter on any terms. The individual with full authority to settle must also have "unfettered discretion and authority" to change the settlement position of the party, if appropriate. The purpose behind requiring the attendance of a person with full settlement authority is that the parties view of the case may be altered during the face to face conference. An authorization to settle for a limited dollar amount or sum certain can be found not to comply with the requirement of full authority to settle. The parties are directed to submit confidential settlement conference statements to the court using the following email address: acorders@caed.uscourts.gov. If a party desires to share additional confidential information with the court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). Such statements are due at least 7 days prior to the Settlement Conference. Upon submission of confidential settlement statements, each party shall file on the docket a "Notice of Submission of Settlement Conference Statement." (Text Only Entry)(Schultz, C) |
| Filing 16 STANDING SCHEDULING ORDER signed by Chief District Judge Kimberly J. Mueller on 6/11/2020. (Schultz, C) |
| Filing 15 MINUTES for Video Scheduling Conference held before Chief District Judge Kimberly J. Mueller on 6/11/2020, and FRCP 16 BENCH ORDER: Plaintiff's Counsel, Joshua Watson, present. Defendant's Counsel, Morgan Mack, present. The court and counsel discussed case scheduling. The parties confirmed they consent to proceed before the assigned Magistrate Judge. The court advised the parties it will set a schedule to get the case moving forward, but will also prepare a reassignment order for the Magistrate Judge's review. If Magistrate Judge Deborah Barnes accepts the reassignment, she will be able to modify the dates as appropriate. The court confirmed the complaint is drafted as an FLSA opt-in matter, but there is currently a sole Plaintiff. After careful consideration of the parties' comments the court ORDERED the following pre-trial case schedule: Initial disclosures as required by Federal Rule of Civil Procedure 26(a) shall be completed by 6/29/2020; fact discovery shall be completed by 3/12/2021; expert disclosures shall be completed by 4/16/2021; rebuttal expert witnesses shall be exchanged by 5/7/2021; all expert discovery shall be completed by 5/28/2021; and all dispositive motions, except for motions for continuances, temporary restraining orders or other emergency applications, shall be heard by 7/2/2021. After consideration of the parties' comments related to settlement, the court referred this case to a randomly selected judge to preside over a settlement conference in January of 2021. A separate order will issue to schedule the settlement conference. This case schedule will become final without further order of the court unless objections are filed within fourteen (14) calendar days of this order. The schedule, once final, shall not be modified except by leave of court upon showing of good cause. All provisions of the court's standing scheduling order for Civil Cases filed concurrently herewith are incorporated therein. SO ORDERED. Court Reporter: Kacy Barajas. (Text Only Entry) (Schultz, C) |
| Filing 14 JOINT STATUS REPORT by Kevin Johnson. (Watson, Joshua) |
| Filing 13 MINUTE ORDER issued by Relief Courtroom Deputy G. Michel for Chief District Judge Kimberly J. Mueller: On the court's own motion, a Status (Pretrial Scheduling) Conference is SET for 6/11/2020 at 2:30 PM in Courtroom 3 before Chief District Judge Kimberly J. Mueller, with the filing of a joint status report due fourteen (14) days prior. (Text Only Entry) (Michel, G.) |
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Filing 12
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/12/2020 (nunc pro tunc) VACATING and SETTING ASIDE #6 Clerk's Entry of Default and EXTENDING time to 3/24/2020 for Defendants to answer #1 Complaint. (Huang, H)
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| Filing 11 ANSWER by Pick 6 Tahoe LLC.(Lazear, Arthur) |
| Filing 10 STIPULATION and PROPOSED ORDER to Vacate Default by Pick 6 Tahoe LLC. Attorney Lazear, Arthur W. added. (Attachments: #1 Proposed Order)(Lazear, Arthur) Modified on 3/12/2020 (Benson, A.). |
| Filing 9 STATUS REPORT by Kevin Johnson. (Watson, Joshua) |
| Filing 8 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: On 1/10/2020, the Clerk entered default against Defendant Pick 6 Tahoe LLC. As of today's date, no further action has been taken by Plaintiff to complete litigation of this case. Accordingly, Plaintiff shall file a declaration as to the status of this case within fourteen (14) days. If Plaintiff files a motion for default judgment in accordance with the Local Rule 302(c)(19), a declaration need not be filed. Plaintiff is warned that failure to timely file may result in the imposition of sanctions. The Status (Pretrial Scheduling) Conference set for 3/5/2020 is VACATED and will be reset as necessary. (Text Only Entry) (Schultz, C) |
| Filing 7 CERTIFICATE of SERVICE by Kevin Johnson re #6 Clerk's Entry of Default. (Watson, Joshua) |
| Filing 6 [SET ASIDE per #12 Order] CLERK'S ENTRY OF DEFAULT as to *Pick 6 Tahoe LLC* (Kastilahn, A) Modified on 4/8/2020 (Huang, H). |
| Filing 5 REQUEST FOR ENTRY OF DEFAULT as to Pick 6 Tahoe LLC by Kevin Johnson. (Attachments: #1 Declaration of Joshua H. Watson, #2 Certificate of Service)(Watson, Joshua) |
| Filing 4 SUMMONS RETURNED EXECUTED: Pick 6 Tahoe LLC served on 11/21/2019, answer due 12/12/2019. (Watson, Joshua) Modified on 1/10/2020 (Kastilahn, A). |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/5/2020 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Coll, A) |
| Filing 2 SUMMONS ISSUED as to *Pick 6 Tahoe LLC* with answer to complaint due within *60* days. Attorney *Joshua H. Watson* *865 Howe Ave* *Sacramento, CA 95825*. (Coll, A) |
| Filing 1 COMPLAINT against Pick 6 Tahoe LLC by Kevin Johnson. Attorney Watson, Joshua H. added. (Filing fee $ 400, receipt number 0972-8540500) (Attachments: #1 Civil Cover Sheet, #2 Consent Form)(Watson, Joshua) |
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| Plaintiff: Kevin Johnson | |
| Represented By: | Joshua H. Watson |
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| Defendant: Pick 6 Tahoe LLC | |
| Represented By: | Morgan Mack |
| Represented By: | Arthur W Lazear |
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