SVGRP LLC et al v. Sowell Financial Services, LLC et al
SVGRP LLC and Concert Wealth Management, Inc. |
Sowell Financial Services, LLC and William C. Sowell |
5:2016cv07302 |
December 22, 2016 |
US District Court for the Northern District of California |
San Jose Office |
Santa Clara |
Virginia K DeMarchi |
Howard R Lloyd |
Contract: Other |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on April 24, 2019. A more recent docket listing may be available from PACER.
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Filing 64 Minute Entry for proceedings held before Judge Nathanael M. Cousins. Further settlement discussions by phone held on 4/24: No settlement; Discussions are continuing; Parties by June 14 must email (not file) settlement status update to ncpo@cand.uscourts.gov stating whether and when they would prefer to schedule a further in-person conference. Attorney for Plaintiffs: David Kornbluh. Attorney for Defendants: Thomas Borchard. FTR Time: Not recorded. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 4/24/2019) |
Filing 63 Minute Entry for proceedings held before Judge Nathanael M. Cousins. Settlement Conference held on 4/23/2019: Discussions continue; response to proposal due 3:00 PM on 4/24. Attorney for Plaintiffs: David Kornbluh. Attorneys for Defendants: Thomas Borchard, Janelle Dease. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 4/23/2019) |
Filing 62 NOTICE AND ORDER SETTING Settlement Conference for 4/23/2019 09:30 AM in San Jose, Courtroom 5, 4th Floor. Signed by Judge Nathanael Cousins on 3/19/2019. (Attachments: #1 Standing Order)(lmh, COURT STAFF) (Filed on 3/19/2019) |
Filing 61 ORDER Setting Final Pretrial Conference and Trial; ORDER REFERRING CASE to Magistrate Judge Cousins for Settlement Conference to take place by 4/30/2019. Final Pretrial Conference set for 11/6/2019 10:00 AM in San Jose, Courtroom 2, 5th Floor. Start of Jury Trial (5 days) set for 11/12/2018 09:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Signed by Magistrate Judge Virginia K. DeMarchi on 3/19/2019. (vkdlc2S, COURT STAFF) (Filed on 3/19/2019) |
Filing 60 PDF with attached Audio File. Court Date & Time [ 3/19/2019 1:32:54 PM ]. File Size [ 2480 KB ]. Run Time [ 00:05:10 ]. (courtspeak). |
Filing 59 Minute Entry for proceedings held before Magistrate Judge Virginia K. DeMarchi: Further Case Management Conference held on 3/19/2019.Hearing held. Court to issue written scheduling order.FTR Time: 1:33-1:38. Plaintiff Attorney: David Kornbluh. Defendant Attorney: Janelle Dease and Thomas Borchard. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmc, COURT STAFF) (Date Filed: 3/19/2019) |
CASE REFERRED to Magistrate Judge Nathanael M. Cousins for Settlement. (vkdlc2S, COURT STAFF) (Filed on 3/19/2019) |
Filing 58 JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by Concert Wealth Management, Inc., SVGRP LLC. (Kornbluh, David) (Filed on 3/12/2019) |
Filing 57 ORDER by Magistrate Judge Virginia K. DeMarchi granting in part and denying in part #44 defendants' Motion for Summary Judgment. Further Joint Case Management Statement due by 3/12/2019. Further Case Management Conference set for 3/19/2019 01:30 PM in San Jose, Courtroom 2, 5th Floor. (vkdlc2S, COURT STAFF) (Filed on 2/15/2019) |
Filing 56 CLERK'S NOTICE re Submitted Matters. Please take notice that the Court will endeavor to issue its ruling on submitted matters by February 15, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vkdlc2S, COURT STAFF) (Filed on 1/31/2019) |
Filing 55 ORDER by Magistrate Judge Virginia K. DeMarchi granting #50 Motion to Substitute Attorney as to plaintiffs SVGRP, LLC and Concert Wealth Management, Inc. (vkdlc2S, COURT STAFF) (Filed on 9/19/2018) |
Filing 54 PDF with attached Audio File. Court Date & Time [ 9/18/2018 10:57:13 AM ]. File Size [ 29312 KB ]. Run Time [ 01:01:04 ]. (courtspeak). |
Filing 53 Minute Entry for proceedings held before Magistrate Judge Virginia K DeMarchi: Motion Hearing held on 9/18/2018. re #44 MOTION for Summary Judgment filed by Sowell Financial Services, LLC, William C. Sowell Counsel present arguments. Matter is taken under submission. Court to issue written order. FTR Time: 10:57-11:58. Plaintiff Attorney: David Kornbluh. Defendant Attorney: Janelle Dease and Thomas Borchard. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmcS, COURT STAFF) (Date Filed: 9/18/2018) |
Filing 52 AFFIDAVIT Declaration of Citizenship of SVGRP, LLC by SVGRP LLC. (Kornbluh, David) (Filed on 9/11/2018) |
Filing 51 RESPONSE to ORDER RE SUBJECT MATTER JURISDICTION by SVGRP LLC. (Kornbluh, David) (Filed on 9/11/2018) |
Filing 50 NOTICE of Substitution of Counsel by David Irwin Kornbluh for Plaintiff Concert Wealth Management, Inc. (Kornbluh, David) (Filed on 9/11/2018) Modified on 9/12/2018 (dhmS, COURT STAFF). |
Filing 49 NOTICE of Substitution of Counsel by David Irwin Kornbluh for Plaintiff SVGRP, LLC (Kornbluh, David) (Filed on 9/11/2018) |
Filing 48 RESPONSE to re #47 Order re Subject Matter Jurisdiction by William C. Sowell, Sowell Financial Services, LLC. (Attachments: #1 Declaration)(Dease, Janelle) (Filed on 9/10/2018) |
Filing 47 ORDER re Subject Matter Jurisdiction. Parties' responses due by 9/14/2018. Signed by Magistrate Judge Virginia K. DeMarchi on 9/7/2018. (vkdlc2S, COURT STAFF) (Filed on 9/7/2018) |
Filing 46 REPLY (re #44 MOTION for Summary Judgment ) filed byWilliam C. Sowell, Sowell Financial Services, LLC. (Attachments: #1 Declaration of Janelle M. Dease)(Dease, Janelle) (Filed on 8/21/2018) |
Filing 45 OPPOSITION/RESPONSE (re #44 MOTION for Summary Judgment ) filed byConcert Wealth Management, Inc., SVGRP LLC. (Attachments: #1 Declaration of David I. Kornbluh in Opposition to Defendants' Motion for Summary Judgment, #2 Declaration of Felipe Luna in Opposition to Defendants' Motion for Summary Judgment)(Kornbluh, David) (Filed on 8/14/2018) |
Filing 44 MOTION for Summary Judgment filed by William C. Sowell, Sowell Financial Services, LLC. Motion Hearing set for 9/18/2018 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K DeMarchi. Responses due by 8/14/2018. Replies due by 8/21/2018. (Attachments: #1 Declaration of Janelle M. Dease, #2 Declaration of William C. Sowell, #3 Proposed Order, #4 Proposed Order proposed Judgment)(Dease, Janelle) (Filed on 7/31/2018) |
Filing 43 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Virginia K DeMarchi for all further proceedings. Judge Magistrate Judge Howard R. Lloyd no longer assigned to the case.. Signed by The Executive Committee on 6/4/2018. (cpS, COURT STAFF) (Filed on 6/4/2018) |
Filing 42 ORDER by Magistrate Judge Howard R. Lloyd granting #41 Stipulation for Additional Time to Complete Non-Expert Depositions. Parties to complete specified depositions by 6/4/2018. Any motions associated with those depositions due by 6/4/2018. No other discovery permitted; no other deadlines affected by this extension. (hrllc2S, COURT STAFF) (Filed on 4/24/2018) |
Filing 41 STIPULATION WITH PROPOSED ORDER FOR ADDITIONAL TIME TO COMPLETE NON-EXPERT WITNESS DEPOSITIONS filed by William C. Sowell, Sowell Financial Services, LLC. (Attachments: #1 Proposed Order)(Dease, Janelle) (Filed on 4/24/2018) |
Filing 40 STIPULATED PROTECTIVE ORDER re #39 (MODIFIED BY THE COURT). Signed by Magistrate Judge Howard R. Lloyd. (hrllc2S, COURT STAFF) (Filed on 2/20/2018) |
Filing 39 STIPULATION WITH PROPOSED ORDER FOR STANDARD LITIGATION filed by William C. Sowell, Sowell Financial Services, LLC. (Dease, Janelle) (Filed on 2/15/2018) |
Filing 38 CASE MANAGEMENT SCHEDULING ORDER; ORDER REFERRING CASE to Magistrate Judge van Keulen for Settlement Conference to take place about a month before a Final Pretrial Conference. Fact discovery cutoff: 5/15/2018. Designation of experts with reports: 6/1/2018. Designation of rebuttal experts with reports: 6/18/2018. Expert discovery cutoff: 7/18/2018. Filing deadline for dispositive motions: 8/7/2018. Signed by Magistrate Judge Howard R. Lloyd on 12/13/2017. (hrllc2S, COURT STAFF) (Filed on 12/13/2017) |
CASE REFERRED to Magistrate Judge Susan van Keulen for Settlement Conference. (hrllc2S, COURT STAFF) (Filed on 12/13/2017) |
Filing 37 Minute Entry for proceedings held before Magistrate Judge Howard R. Lloyd: Initial Case Management Conference held on 12/12/2017. Hearing held. Court to issue written scheduling order. FTR Time: 1:56-2:06. Plaintiff Attorney: Stephanie Rocha. Defendant Attorney: Janelle Dease and Thomas Borchard. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmc, COURT STAFF) (Date Filed: 12/12/2017) |
Filing 36 ANSWER to Amended Complaint byWilliam C. Sowell, Sowell Financial Services, LLC. (Dease, Janelle) (Filed on 11/30/2017) |
Filing 35 JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by Concert Wealth Management, Inc., SVGRP LLC. (Kornbluh, David) (Filed on 11/30/2017) |
Filing 34 CLERK'S NOTICE RE INITIAL CASE MANAGEMENT CONFERENCE. Please take notice that the Initial Case Management Conference has been re-set for 12/12/2017 01:30 PM in Courtroom 2, 5th Floor, San Jose. The parties' Joint Case Management Statement is due by 12/5/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hrllc2S, COURT STAFF) (Filed on 11/16/2017) |
Filing 33 ORDER by Magistrate Judge Howard R. Lloyd denying #24 Motion to Dismiss First Amended Complaint. (hrllc2S, COURT STAFF) (Filed on 11/16/2017) |
Filing 32 CLERK'S NOTICE re Submitted Matters. (hrllc2S, COURT STAFF) (Filed on 9/23/2017) |
Filing 31 Certification of ADR Session by Mediator Nicole Healy: I hereby certify that the parties in this matter held a Mediation session on 8/16/2017. The case did not settle. Further facilitated discussions are expected by 9/1/2017. Mediation process is ongoing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cmf, COURT STAFF) (Filed on 8/21/2017) |
Filing 30 Minute Entry for proceedings held before Magistrate Judge Howard R. Lloyd: Motion Hearing held on 6/27/2017. re #24 MOTION to Dismiss. Hearing held. Counsel present arguments. Matter taken under submission. Court to issue written order. FTR Time 10:07-10:26. Plaintiff Attorney David Kornbluh. Defendant Attorney Janelle Dease. This is a text-only Minute Entry (pmc, COURT STAFF) (Date Filed: 6/27/2017) |
Set/Reset Hearing Mediation Hearing set for 8/16/2017 at 09:00 AM at the Mediator's San Jose offices located at 50 West San Fernando Street, Suite 1400, San Jose, CA. (cmf, COURT STAFF) (Filed on 6/23/2017) |
Filing 29 ADR Clerk's Notice Appointing Nicole Healy as Mediator. (cmf, COURT STAFF) (Filed on 6/13/2017) |
Filing 28 REPLY (re #24 MOTION to Dismiss First Amended Complaint ) to Opposition to Motion to Dismiss First Amended Complaint for Failure to State Claim Upon which Relief Can Be Granted (FRCP 12(b)(6)); Memorandum in Support filed byWilliam C. Sowell, Sowell Financial Services, LLC. (Dease, Janelle) (Filed on 6/8/2017) |
Filing 27 OPPOSITION TOMOTION TO DISMISS FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(b)(6)) (re #24 MOTION to Dismiss filed by Concert Wealth Management, Inc., SVGRP LLC. (Attachments: #1 Certificate/Proof of Service)(Kornbluh, David) (Filed on 6/1/2017) Modified on 6/2/2017 (bwS, COURT STAFF). |
Filing 26 CLERK'S NOTICE RE INITIAL CASE MANAGEMENT CONFERENCE. Please take notice that the Initial Case Management Conference will be taken off calendar, to be re-set as may be appropriate following resolution of defendants' pending motion to dismiss. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hrllc2, COURT STAFF) (Filed on 5/24/2017) |
Filing 25 JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by Concert Wealth Management, Inc., SVGRP LLC. (Kornbluh, David) (Filed on 5/22/2017) |
Filing 24 NOTICE OF MOTION AND MOTION TO DISMISS FIRST AMENDED COMPLAINT re #19 FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(b)(6)); MEMORANDUM IN SUPPORT filed by William C. Sowell, Sowell Financial Services, LLC. Motion Hearing set for 6/27/2017 10:00 AM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. Responses due by 6/1/2017. Replies due by 6/8/2017. (Attachments: #1 (Proposed) Order)(Dease, Janelle) (Filed on 5/18/2017) Linkage added on 5/19/2017 (bwS, COURT STAFF). |
Filing 23 STIPULATION AND ORDER re #22 selecting Mediation. Signed by Magistrate Judge Howard R. Lloyd on 5/18/2017. Deadline for mediation: 90 days from the date of this order. (hrllc2, COURT STAFF) (Filed on 5/18/2017) |
Filing 22 STIPULATION and Proposed Order selecting Mediation by William C. Sowell, Sowell Financial Services, LLC filed by William C. Sowell, Sowell Financial Services, LLC. (Dease, Janelle) (Filed on 5/16/2017) |
Filing 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Dease, Janelle) (Filed on 5/16/2017) |
Filing 20 ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 5/15/2017) |
Filing 19 First Amended Complaint For Breach of Contract, Fraud, Slander, Libel and Unfair Business Practices against All Defendants. Filed bySVGRP LLC, Concert Wealth Management, Inc.. (Attachments: #1 Exhibit A-E to Complaint, #2 Certificate/Proof of Service)(Kornbluh, David) (Filed on 5/3/2017) Modified on 5/19/2017 (bwS, COURT STAFF). |
Filing 18 ORDER by Magistrate Judge Howard R. Lloyd granting #8 defendants' Motion to Dismiss the complaint with leave to amend. Amended pleading due within 15 days from the date of this order. (hrllc2, COURT STAFF) (Filed on 4/18/2017) |
Filing 17 Minute Entry for proceedings held before Magistrate Judge Howard R. Lloyd: Motion Hearing held on 4/18/2017. re #8 MOTION to Dismiss Complaint filed by Sowell Financial Services, LLC, William C. Sowell Counsel present argument. Matter taken under submission. Court to issue written order. Total Time in Court 12 minutes. Court Reporter Name Summer Fisher. Plaintiff Attorney Dave Kornbluh. Defendant Attorney Janelle Dease. This is a text-only Minute Entry (pmc, COURT STAFF) (Date Filed: 4/18/2017) |
Filing 16 CLERK'S NOTICE re Motion Hearing and Initial Case Management Conference. Please take notice that the hearing on #8 defendants' motion to dismiss has been re-set for 4/18/2017 10:00 AM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. Additionally, the Initial Case Management Conference is continued to 5/30/2017 01:30 PM in Courtroom 2, 5th Floor, San Jose. The parties' Joint Case Management Statement is due by 5/23/2017. All other related deadlines are adjusted accordingly. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hrllc2, COURT STAFF) (Filed on 3/13/2017) |
Set/Reset Deadlines as to #8 MOTION to Dismiss Complaint. Motion Hearing set for 3/21/2017 10:00 AM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. (hrllc2, COURT STAFF) (Filed on 3/7/2017) |
Filing 15 CLERK'S NOTICE Continuing Motion Hearing. Please take notice that the hearing on #8 defendant's motion to dismiss has been continued to March 21, 2017, 10:00 a.m., Courtroom 2, Fifth Floor, United States District Court, 280 South First Street, San Jose, California. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hrllc2, COURT STAFF) (Filed on 3/2/2017) |
Filing 14 REPLY (re #8 MOTION to Dismiss Complaint ) filed byWilliam C. Sowell, Sowell Financial Services, LLC. (Dease, Janelle) (Filed on 2/13/2017) |
Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Concert Wealth Management, Inc., SVGRP LLC.. (Kornbluh, David) (Filed on 2/7/2017) |
Filing 12 OPPOSITION/RESPONSE (re #8 MOTION to Dismiss Complaint ) filed byConcert Wealth Management, Inc., SVGRP LLC. (Kornbluh, David) (Filed on 2/6/2017) |
Filing 11 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Consent/Declination due by 2/6/2017. 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. (pmc, COURT STAFF) (Filed on 1/23/2017) |
Filing 10 Certificate of Interested Entities by William C. Sowell, Sowell Financial Services, LLC (Borchard, Thomas) (Filed on 1/23/2017) |
Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by William C. Sowell, Sowell Financial Services, LLC.. (Borchard, Thomas) (Filed on 1/23/2017) |
Filing 8 MOTION to Dismiss Complaint filed by William C. Sowell, Sowell Financial Services, LLC. Motion Hearing set for 3/14/2017 10:00 AM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. Responses due by 2/6/2017. Replies due by 2/13/2017. (Attachments: #1 Proposed Order)(Borchard, Thomas) (Filed on 1/23/2017) |
Filing 7 SUMMONS Returned Executed by SVGRP LLC, Concert Wealth Management, Inc.. Sowell Financial Services, LLC served on 1/2/2017, answer due 1/23/2017. (Attachments: #1 Certificate/Proof of Service Signed Receipt)(Kornbluh, David) (Filed on 1/5/2017) |
Filing 6 SUMMONS Returned Executed by SVGRP LLC, Concert Wealth Management, Inc.. William C. Sowell served on 1/2/2017, answer due 1/23/2017. (Attachments: #1 Certificate/Proof of Service Signed Receipt)(Kornbluh, David) (Filed on 1/5/2017) |
Filing 5 Summons Issued as to William C. Sowell, Sowell Financial Services, LLC. (cv, COURT STAFF) (Filed on 12/23/2016) |
Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/21/2017. Case Management Conference set for 3/28/2017 01:30 PM in Courtroom 2, 5th Floor, San Jose. (cv, COURT STAFF) (Filed on 12/23/2016) |
Filing 3 Case assigned to Magistrate Judge Howard R. Lloyd. 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 1/6/2017. (cjlS, COURT STAFF) (Filed on 12/23/2016) |
Electronic filing error. Incorrect PDF attached. [err201]Corrected by Clerk's Office. No further action is necessary. Re: #2 Civil Cover Sheet filed by Concert Wealth Management, Inc., SVGRP LLC (cv, COURT STAFF) (Filed on 12/23/2016) |
Filing 2 Civil Cover Sheet by Concert Wealth Management, Inc., SVGRP LLC . DO NOT attach the proposed summons, should be e-filed separately using the appropriate events. (Attachments: #1 Summons Summons)(Kornbluh, David) (Filed on 12/22/2016) Modified on 12/23/2016 (cv, COURT STAFF). |
Filing 1 COMPLAINT For Breach of Contract, Fraud, Slander, Libel and Unfair Business Practices against All Defendants ( Filing fee $ 400, receipt number 0971-11029382.). Filed bySVGRP LLC, Concert Wealth Management, Inc.. (Attachments: #1 Exhibit Exhibit A to Complaint)(Kornbluh, David) (Filed on 12/22/2016) |
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