Fight Club Kitty Hawk 94551, Inc. et al v. Omni Fight Club Franchising, LLC et al
| Fight Club Kitty Hawk 94551, Inc., Fight Club Dep Prado 33904, LLC and Fight Club USA, Inc. |
| Scott Kelly, Michael Kahn, Omni Fight Club Franchising, LLC, Amanda Dumas, Dennis Dumas and Nick Duarte |
| 4:2020cv08804 |
| December 11, 2020 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Sallie Kim |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Both |
Docket Report
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| Filing 56 CLERK'S NOTICE- Remanding Case to California Superior Court for Alameda County. (bnsS, COURT STAFF) (Filed on 5/26/2021) |
Filing 55
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING #15 MOTION TO REMAND. (ndrS, COURT STAFF) (Filed on 5/25/2021)
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| Filing 54 CLERK'S NOTICE RE Docket Nos. #15 , #17 , and #22 . Notice is hereby given that the Court takes the pending motions filings under submission. The hearings and the case management conference previously scheduled for May 20, 2021 at 2:00 p.m. are vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 5/19/2021) |
| Filing 53 REPORT of Rule 26(f) Planning Meeting (Jointly Filed By All Parties). (Hirzel, Leon) (Filed on 5/13/2021) |
| Filing 52 JOINT CASE MANAGEMENT STATEMENT filed by Fight Club Dep Prado 33904, LLC, Fight Club Kitty Hawk 94551, Inc., Fight Club USA, Inc., Michael Kahn, and Omni Fight Club Franchising, LLC. (Hirzel, Leon) (Filed on 5/13/2021) Modified on 5/14/2021 (bnsS, COURT STAFF). |
| Filing 51 Declaration of Scott Kelly in Support of #21 Opposition/Response to Motion, #22 MOTION for Discovery Notice and Alternative Motion to Permit Discovery Related to Plaintiff's Motion to Remand filed byOmni Fight Club Franchising, LLC. (Attachments: #1 Declaration of Scott Kelly)(Related document(s) #21 , #22 ) (Pumpian, Ryan) (Filed on 4/27/2021) Modified on 4/28/2021 (bnsS, COURT STAFF). |
| Filing 50 CLERK'S NOTICE. Notice is hereby given that the initial case management conference, previously set for March 16, 2021, is continued to May 20, 2021, at 2:00 p.m., to be held along with the hearings on the #15 motion to remand, #17 motion to dismiss, and #22 motion for discovery. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 3/8/2021) |
| Set Hearing as to #15 MOTION to Remand, See Docket No. #47 : Motion Hearing set for 5/20/2021 02:00 PM before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 2/23/2021) |
| Filing 49 NOTICE by Fight Club Dep Prado 33904, LLC, Fight Club Kitty Hawk 94551, Inc., Fight Club USA, Inc. (Re-Filing Declaration of Leon F. Hirzel) (Attachments: #1 Declaration Declaration of Leon F Hirzel in Support of Motion to Remand)(Hirzel, Leon) (Filed on 2/23/2021) |
| Filing 48 ***DISREGARD, RE-FILED AT DOC #49 *** NOTICE by Fight Club Dep Prado 33904, LLC, Fight Club Kitty Hawk 94551, Inc., Fight Club USA, Inc. (Re-Filing Declaration of Leon F. Hirzel) (Attachments: #1 Declaration Declaration of Leon F Hirzel in Support of Motion to Remand)(Hirzel, Leon) (Filed on 2/23/2021) Modified on 2/24/2021 (bnsS, COURT STAFF). |
| Filing 47 Renotice motion hearing (Plaintiffs' Motion to Remand) filed byFight Club Dep Prado 33904, LLC, Fight Club Kitty Hawk 94551, Inc., Fight Club USA, Inc.. (Hirzel, Leon) (Filed on 2/23/2021) |
| #Electronic filing error. REMINDER TO COUNSEL: Counsel is instructed that all future filings shall bear the initials HSG immediately after the case number. Re: #41 Renotice motion hearing, filed by Omni Fight Club Franchising, LLC, Scott Kelly, Michael Kahn, #43 Renotice motion hearing, filed by Omni Fight Club Franchising, LLC, Scott Kelly, Michael Kahn, #44 Renotice motion hearing, filed by Omni Fight Club Franchising, LLC, Scott Kelly, Michael Kahn, #42 Renotice motion hearing, filed by Omni Fight Club Franchising, LLC, Scott Kelly, Michael Kahn (jmlS, COURT STAFF) (Filed on 2/23/2021) |
| #Electronic filing error. The attachment to this filing cannot be opened. The PDF is either not supported or the file is damaged. Please re-file in its entirety. Re: #46 Notice (Other), filed by Fight Club Dep Prado 33904, LLC, Fight Club USA, Inc., Fight Club Kitty Hawk 94551, Inc. (jmlS, COURT STAFF) (Filed on 2/23/2021) |
| Reset Hearings as to #22 MOTION for Discovery Notice and Alternative Motion to Permit Discovery Related to Plaintiff's Motion to Remand and #17 MOTION to Dismiss Counts 18 and 19 of Plaintiffs' Second Amended Complaint, See Docket Nos. #43 and #44 : Motion Hearing set for 5/20/2021 02:00 PM before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 2/22/2021) |
| Filing 46 NOTICE by Fight Club Dep Prado 33904, LLC, Fight Club Kitty Hawk 94551, Inc., Fight Club USA, Inc. (Re-Filing Declaration of Leon F. Hirzel) (Attachments: #1 Exhibit Declaration of Leon F. Hirzel in Support of Plaintiffs' Motion to Remand)(Hirzel, Leon) (Filed on 2/22/2021) |
| Filing 45 ***DISREGARD, RE-FILED AT DOC #47 Renotice motion hearing (Plaintiffs' Motion to Remand) filed byFight Club Dep Prado 33904, LLC, Fight Club Kitty Hawk 94551, Inc., Fight Club USA, Inc.. (Hirzel, Leon) (Filed on 2/22/2021) Modified on 2/24/2021 (bnsS, COURT STAFF). |
| Filing 44 Renotice motion hearing re #17 MOTION to Dismiss Counts 18 and 19 of Plaintiffs' Second Amended Complaint filed byMichael Kahn, Scott Kelly, Omni Fight Club Franchising, LLC. (Related document(s) #17 ) (Pumpian, Ryan) (Filed on 2/22/2021) |
| Filing 43 Renotice motion hearing re #22 MOTION for Discovery Notice and Alternative Motion to Permit Discovery Related to Plaintiff's Motion to Remand filed byMichael Kahn, Scott Kelly, Omni Fight Club Franchising, LLC. (Related document(s) #22 ) (Pumpian, Ryan) (Filed on 2/22/2021) |
| Filing 42 ***DISREGARD, RE-FILED AT DOC #44 Renotice motion hearing re #17 MOTION to Dismiss Counts 18 and 19 of Plaintiffs' Second Amended Complaint filed byMichael Kahn, Scott Kelly, Omni Fight Club Franchising, LLC. (Related document(s) #17 ) (Pumpian, Ryan) (Filed on 2/22/2021) Modified on 2/24/2021 (bnsS, COURT STAFF). |
| Filing 41 ***DISREGARD, RE-FILED AT DOC #43 Renotice motion hearing re #22 MOTION for Discovery Notice and Alternative Motion to Permit Discovery Related to Plaintiff's Motion to Remand filed byMichael Kahn, Scott Kelly, Omni Fight Club Franchising, LLC. (Related document(s) #22 ) (Pumpian, Ryan) (Filed on 2/22/2021) Modified on 2/24/2021 (bnsS, COURT STAFF). |
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Filing 40
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to re-notice Dkt. Nos. #15 , #17 , and #22 the pending motions for a single hearing date. The parties shall consult the Court's availability and scheduling notes on the Court website, and file their amended notices of motion by February 22, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 2/17/2021)
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| #Electronic filing error. REMINDER TO COUNSEL: Incorrect Event Used. For future filings like this, the correct event is Amended Notice of Removal. Correct event is found und er Civil Events > Initial Pleadings and Service > Complaints and Other Initiating Documents. [err101] Corrected by Clerk's Office. No further action is necessary. Re: #37 Amended Document filed by Omni Fight Club Franchising, LLC (bnsS, COURT STAFF) (Filed on 2/17/2021) |
| Filing 39 REPLY (re #17 MOTION to Dismiss Counts 18 and 19 of Plaintiffs' Second Amended Complaint ) filed byMichael Kahn, Scott Kelly, Omni Fight Club Franchising, LLC. (Pumpian, Ryan) (Filed on 2/16/2021) |
| Filing 38 REPLY (re #22 MOTION for Discovery Notice and Alternative Motion to Permit Discovery Related to Plaintiff's Motion to Remand ) filed byOmni Fight Club Franchising, LLC. (Pumpian, Ryan) (Filed on 2/16/2021) |
| Filing 37 AMENDED NOTICE OF REMOVAL by Omni Fight Club Franchising, LLC. Amendment to #1 Notice of Removal . (Pumpian, Ryan) (Filed on 2/16/2021) Modified on 2/17/2021 (bnsS, COURT STAFF). |
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Filing 36
ORDER by Hon. Haywood S. Gilliam, Jr. DISCHARGING Dkt. No. 30 the Order to Show Cause, in light of Dkt. No. #34 counsel's explanation that it inadvertently calendared the opposition deadline incorrectly. The Court expects that counsel has taken all necessary steps to ensure that this will not recur. The Court further DIRECTS Defendants to file any reply brief in support of Dkt. No. #17 the motion to dismiss by February 16, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 2/9/2021)
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| Filing 35 OPPOSITION/RESPONSE (re #22 MOTION for Discovery Notice and Alternative Motion to Permit Discovery Related to Plaintiff's Motion to Remand ) filed byFight Club Dep Prado 33904, LLC, Fight Club Kitty Hawk 94551, Inc., Fight Club USA, Inc.. (Hirzel, Leon) (Filed on 2/8/2021) |
| Filing 34 RESPONSE TO ORDER TO SHOW CAUSE by Fight Club Dep Prado 33904, LLC, Fight Club Kitty Hawk 94551, Inc., Fight Club USA, Inc. . (Hirzel, Leon) (Filed on 2/8/2021) |
| Filing 33 OPPOSITION/RESPONSE (re #17 MOTION to Dismiss Counts 18 and 19 of Plaintiffs' Second Amended Complaint ) filed byFight Club Dep Prado 33904, LLC, Fight Club Kitty Hawk 94551, Inc., Fight Club USA, Inc.. (Hirzel, Leon) (Filed on 2/8/2021) |
| Filing 32 REPLY (re #15 MOTION to Remand ) filed byFight Club Dep Prado 33904, LLC, Fight Club Kitty Hawk 94551, Inc., Fight Club USA, Inc.. (Hirzel, Leon) (Filed on 2/8/2021) |
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Filing 31
ORDER by Judge Haywood S. Gilliam, Jr. Granting #25 Motion for Extension of Time to File Response/Reply Re #15 MOTION to Remand . Replies due by 2/8/2021. (ndrS, COURT STAFF) (Filed on 2/4/2021)
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Filing 30
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING Plaintiff TO SHOW CAUSE why Dkt. No. #17 the motion to dismiss should not be granted given Plaintiff's failure to file an opposition by the January 29, 2021 deadline. If Plaintiff did not oppose the motion, Plaintiff should have filed a statement of nonopposition, as required under Civil L.R. 7-3(b). Plaintiff shall file a statement of two pages or less by February 8, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 2/4/2021)
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| Filing 29 CERTIFICATE OF SERVICE of Court-Mandated Documents to Parties by Michael Kahn, Scott Kelly, Omni Fight Club Franchising, LLC re #27 Order Reassigning Case,, Case Assigned/Reassigned, (Pumpian, Ryan) (Filed on 2/4/2021) Modified on 2/5/2021 (bnsS, COURT STAFF). |
| Filing 28 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for March 16, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by March 9th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:20-cv-08804-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 2/4/2021) |
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Filing 27
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case,. Signed by The Clerk on 2/3/21. (haS, COURT STAFF) (Filed on 2/3/2021)
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| Filing 26 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 2/3/2021) |
| Filing 25 MOTION for Extension of Time to File Response/Reply as to #21 Opposition/Response to Motion to Remand filed by Fight Club Dep Prado 33904, LLC, Fight Club Kitty Hawk 94551, Inc., Fight Club USA, Inc.. (Attachments: #1 Proposed Order Proposed Order Granting Motion for Extension of Time)(Hirzel, Leon) (Filed on 2/1/2021) |
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Filing 24
ORDER SETTING CONSENT DEADLINE. Consent/Declination due by 2/2/2021. Signed by Magistrate Judge Sallie Kim on 1/26/2021. (mklS, COURT STAFF) (Filed on 1/26/2021)
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| Filing 23 Declaration of Ryan T. Pumpian in Support of #21 Opposition/Response to Motion, #22 MOTION for Discovery Notice and Alternative Motion to Permit Discovery Related to Plaintiff's Motion to Remand filed byOmni Fight Club Franchising, LLC. (Related document(s) #21 , #22 ) (Pumpian, Ryan) (Filed on 1/25/2021) |
| Filing 22 MOTION for Discovery Notice and Alternative Motion to Permit Discovery Related to Plaintiff's Motion to Remand filed by Omni Fight Club Franchising, LLC. Motion Hearing set for 2/22/2021 09:30 AM in Do Not Use Videoconference Only before Magistrate Judge Sallie Kim. Responses due by 2/8/2021. Replies due by 2/16/2021. (Pumpian, Ryan) (Filed on 1/25/2021) |
| Filing 21 OPPOSITION/RESPONSE (re #15 MOTION to Remand ) filed byOmni Fight Club Franchising, LLC. (Pumpian, Ryan) (Filed on 1/25/2021) |
| Filing 20 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Fight Club Dep Prado 33904, LLC, Fight Club Kitty Hawk 94551, Inc., Fight Club USA, Inc... (Hirzel, Leon) (Filed on 1/22/2021) |
| Filing 19 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge by 1/29/2021. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 1/22/2021) |
| Filing 18 Declaration of Ryan T. Pumpian in Support of #17 MOTION to Dismiss Counts 18 and 19 of Plaintiffs' Second Amended Complaint CORRECTION OF DOCKET # [17-1] filed byMichael Kahn, Scott Kelly, Omni Fight Club Franchising, LLC. (Related document(s) #17 ) (Pumpian, Ryan) (Filed on 1/15/2021) |
| Filing 17 MOTION to Dismiss Counts 18 and 19 of Plaintiffs' Second Amended Complaint filed by Michael Kahn, Scott Kelly, Omni Fight Club Franchising, LLC. Motion Hearing set for 3/1/2021 09:30 AM in Do Not Use Videoconference Only before Magistrate Judge Sallie Kim. Responses due by 1/29/2021. Replies due by 2/5/2021. (Attachments: #1 Declaration Ryan T. Pumpian ISO Defs OFCF, M. Kahn & S. Kelly's Motion to Dismiss)(Pumpian, Ryan) (Filed on 1/15/2021) |
| #Electronic filing error. Re: #15 Attachment 1 Declaration of Leon F. Hirzel filed by Fight Club Dep Prado 33904, LLC, Fight Club USA, Inc., Fight Club Kitty Hawk 94551, Inc. Attachment cannot be opened. Please refile attachment. (elyS, COURT STAFF) (Filed on 1/12/2021) |
| Filing 16 Statement Plaintiffs Corporate Disclosure Statement and Certificate of Interested Parties by Fight Club Dep Prado 33904, LLC, Fight Club Kitty Hawk 94551, Inc., Fight Club USA, Inc.. (Hirzel, Leon) (Filed on 1/11/2021) |
| Filing 15 MOTION to Remand filed by Fight Club Dep Prado 33904, LLC, Fight Club Kitty Hawk 94551, Inc., Fight Club USA, Inc.. Motion Hearing set for 2/22/2021 09:30 AM in Do Not Use To Be Determined before Magistrate Judge Sallie Kim. Responses due by 1/25/2021. Replies due by 2/1/2021. (Attachments: #1 Declaration of Leon F. Hirzel)(Hirzel, Leon) (Filed on 1/11/2021) |
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Filing 14
ORDER by Magistrate Judge Sallie Kim granting #11 Motion for Pro Hac Vice. (sklc2S, COURT STAFF) (Filed on 1/7/2021)
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Filing 13
ORDER by Magistrate Judge Sallie Kim granting #10 Motion for Pro Hac Vice. (sklc2S, COURT STAFF) (Filed on 1/7/2021)
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| Filing 12 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge by 1/21/2021. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 1/7/2021) |
| Filing 11 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15409895.) filed by Omni Fight Club Franchising, LLC. (Bloom, Simon) (Filed on 1/7/2021) |
| Filing 10 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15405780.) filed by Omni Fight Club Franchising, LLC. (Pumpian, Ryan) (Filed on 1/6/2021) |
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Filing 9
ORDER by Magistrate Judge Sallie Kim granting #7 Motion for Pro Hac Vice. (sklc2S, COURT STAFF) (Filed on 12/29/2020)
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| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Michael Kahn, Scott Kelly, Omni Fight Club Franchising, LLC.. (Zuidema, Jeffrey) (Filed on 12/28/2020) |
| Filing 7 MOTION for leave to appear in Pro Hac Vice Attorney for Plaintiffs, Leon F. Hirzel, Esq. ( Filing fee $ 317, receipt number 0971-15347970.) filed by Fight Club Dep Prado 33904, LLC, Fight Club Kitty Hawk 94551, Inc., Fight Club USA, Inc.. (Attachments: #1 Certificate/Proof of Service Certificate of Good Standing - US District Court for the Southern District of Florida)(Hirzel, Leon) (Filed on 12/21/2020) |
| Filing 6 STIPULATION re #1 Notice of Removal, Stipulation to Extend Time to File Responsive Pleading filed by Omni Fight Club Franchising, LLC. (Zuidema, Jeffrey) (Filed on 12/18/2020) |
| Filing 5 Rule 7.1 Disclosures by Omni Fight Club Franchising, LLC identifying Corporate Parent Omni Fight Club, LLC for Omni Fight Club Franchising, LLC. (Zuidema, Jeffrey) (Filed on 12/18/2020) |
| Filing 4 Certificate of Interested Entities by Omni Fight Club Franchising, LLC identifying Corporate Parent Omni Fight Club, LLC, Other Affiliate Omni Holdco, LLC, Other Affiliate OFC Management, LLC, Other Affiliate Omni Fight Club Distribution, LLC, Other Affiliate BadKat Enterprises, LLC for Omni Fight Club Franchising, LLC. (Zuidema, Jeffrey) (Filed on 12/18/2020) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/8/2021. Initial Case Management Conference set for 3/15/2021 01:30 PM in San Francisco, Courtroom C, 15th Floor. (elyS, COURT STAFF) (Filed on 12/14/2020) |
| Filing 2 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/28/2020. (bwS, COURT STAFF) (Filed on 12/11/2020) |
| Filing 1 NOTICE OF REMOVAL from California Superior Court for the County of Alameda. Their case number is RG18907109. (Filing fee $402 receipt number 0971-15307254). Filed byOmni Fight Club Franchising, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Ex A Part 1, #3 Exhibit Ex A Part 2, #4 Exhibit Ex A Part 3)(Zuidema, Jeffrey) (Filed on 12/11/2020) |
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