Schudel et al v. Searchguy.com Inc et al
Plaintiff: Sabine Schudel and Ramon Toledo
Defendant: Thomas Bibiyan, Searchguy.com Inc, Lenny Rachitsky, Derek Leviton, Florence equity LLC, Tabmeta Inc, Internetplays.com LLC, Rotund Entertainment LLC, Roughneck Holdings Inc, Local Pacific LLC, Daniel Cupp, Does 1-50, Shaggymedia and Searchguy Mobile
Petitioner: Malgorzata Duszak
Case Number: 3:2007cv00695
Filed: April 17, 2007
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Roger T Benitez
Referring Judge: Barbara Lynn Major
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 78 m(a) Securities Exchange Act
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on August 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 24, 2020 Filing 194 Mail Returned as Undeliverable re #193 Renewal of Judgment. Mail sent to Lenny Rachitsky. (bta)
July 31, 2020 Filing 193 Renewal of Judgment by Searchguy.com Inc, Ramon Toledo re #192 Application for Renewal of Judgment (All non-registered users served via U.S. Mail Service)(mme)
July 31, 2020 Filing 192 Application for Renewal of Judgment by Searchguy.com, Inc., Ramon Toledo Amended. (Cohen, Alexander) (mme).
July 30, 2020 Filing 191 Application for Renewal of Judgment by Ramon Toledo, Searchguy.com, Inc. . (Cohen, Alexander) (mme).
November 21, 2014 Opinion or Order Filing 190 ORDER Granting #188 Motion to Substitute Attorney. David Leon Speckman is substituted as counsel of record for Sabine Schudel, Searchguy.com Inc, and Ramon Toledo in place of Geoffrey C. Brethen and Kenneth L Perkins, Jr. Signed by Judge Roger T. Benitez on 11/19/2014. (All non-registered users served via U.S. Mail Service)(knb)
November 13, 2014 Opinion or Order Filing 189 Notice of Document Discrepancies and Order Thereon by Judge Roger T. Benitez Accepting re #188 MOTION to Substitute Attorney by Searchguy.com, Inc. and, from Plaintiffs Sabine Schudel, Ramon Toledo. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by chambers of Judge Roger T. Benitez on 11/13/2014.(All non-registered users served via U.S. Mail Service)(knb)
November 10, 2014 Filing 188 MOTION to Substitute Attorney by Searchguy.com, Inc. and by Sabine Schudel, Ramon Toledo. (Attachments: #1 Proof of Service)(Brethen, Geoffrey) (knb).
February 6, 2014 Filing 187 Mail Returned as Undeliverable re #184 Order and #185 Order. Mail sent to Thomas Bibiyan. Resent to PO Box 452151, Los Angeles, CA 90045-8528.(knb)(jrd)
November 6, 2013 Filing 186 Minute Entry for proceeding for Magistrate Judge Bernard G. Skomal: Judgment Debtor Exam Thomas Bibiyan (True Name: Tom Bibiyan) held on 11/6/2013. Defendant / Judgment Debtor Tom Bibiyan called/sworn and escorted to Conference Room. (Plaintiff Attorney Geoffrey C Brethen). (Defendant Attorney Hamid Soleimanian). (no document attached) (mjm)
October 28, 2013 Opinion or Order Filing 185 ORDER Denying Defendant Thomas Bibiyan's #182 Ex Parte Application to Stay Judgment-Debtor Examination. Bibiyan is ORDERED to appear for a judgment-debtor examination on 11/6/2013 10:00 AM in Courtroom 1D before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Barbara Lynn Major on 10/28/2013. (cc: Neda Soleimanian via email and U.S. Mail Service)(All non-registered users served via U.S. Mail Service)(knb)(jrd)
October 22, 2013 Opinion or Order Filing 184 ORDER Taking #182 Ex Parte Application Under Submission. Signed by Magistrate Judge Barbara Lynn Major on 10/22/2013.(All non-registered users served via U.S. Mail Service)(knb)(cc: Thomas Bibiyan, Neda Soleimanian, Christie Gaumer via U.S. Mail Service on 10/22/2013.)(knb)(jrd)
October 9, 2013 Filing 183 RESPONSE in Opposition re #182 Ex Parte MOTION to Stay filed by Sabine Schudel, Searchguy.com Inc, Ramon Toledo. Contacted attorney re missing proof of service on 10/22/2013 (knb).
October 9, 2013 Filing 182 Ex Parte MOTION to Stay on Post Judgment Examination, or, in the Alternative, a Protective Order by Thomas Bibiyan. (knb)
October 9, 2013 Filing 181 Minute Entry for proceeding for Magistrate Judge Bernard G. Skomal: Judgment Debtor Hearing set for 10/9/13 re Judgment Debtor Thomas Bibiyan - Not Held. Judgment Debtor Thomas Bibiyan - Not Appearing. Counsel to proceed as appropriate. Miscellaneous Hearing (re Judgment Debtor Hearing) set for 10/23/2013 10:00 AM in Courtroom 1D before Magistrate Judge Bernard G. Skomal. (Plaintiff Attorney Geoffrey C Brethan). (Defendant Attorney Christie Gaumer, Neda Soleimanian). (Court Reporter: Michelle Cadwell). (Non-registered user served via U.S. Mail Service: Lenny Rachitsky 336 Rosemont St, La Jolla, CA 92037). (no document attached) (mjm)
August 22, 2013 Filing 180 CERTIFICATE OF SERVICE by Sabine Schudel on Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action (Perkins, Kenneth)(knb).
August 22, 2013 Filing 179 CERTIFICATE OF SERVICE by Sabine Schudel re #178 Order for Appearance of Judgment Debtor, (Perkins, Kenneth) (knb).
August 6, 2013 Opinion or Order Filing 178 ORDER for Appearance of Judgment Debtor re Thomas Bibiyan. Judgment Debtor Hearing set for 10/9/2013 10:00 AM in Courtroom 1D before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 8/6/2013.(All non-registered users served via U.S. Mail Service)(knb)
August 2, 2013 Filing 177 REQUEST FOR JUDGMENT DEBTOR EXAM before Judge Bernard G. Skomal filed by Plaintiff Sabine Schudel as to Judgment Debtor Thomas Bibiyan. (Attachments: #1 Order to Appear for Examination Re: Enforcement of Judgment, #2 Proof of Service)(Perkins, Kenneth) (knb).
July 16, 2013 Opinion or Order Filing 176 ORDER Granting #175 Motion to Substitute Attorney. Kenneth L. Perkins, Jr. and Geoffrey C. Brethen are substituted as counsel of record in place of Donald Paul Tremblay, Holly J. Nolan, Robert Robinson, Kenneth C Noorigian, and Michael Thomas Lane for Sabine Schudel, Ramon Toledo, and SEARCHGUY.COM, INC. Signed by Judge Roger T. Benitez on 7/15/2013. (All non-registered users served via U.S. Mail Service)(knb) (jrl).
July 8, 2013 Filing 175 MOTION to Substitute Attorney by Sabine Schudel, Searchguy.com Inc, Ramon Toledo. (Brethen, Geoffrey) (knb).
July 2, 2013 Filing 174 DECLARATION Proof of Service by Defendant Searchguy.com Inc. (Perkins, Kenneth) (knb).
July 2, 2013 Filing 173 PRAECIPE for Abstract of Judgment as to Thomas Bibiyan, by Searchguy.com Inc (Attachments: #1 Abstract of Judgment, #2 Clerk's Default Judgment in a Civil Case)(Perkins, Kenneth) (knb).
June 27, 2013 Filing 172 AFFIDAVIT Supplemental Proof of Service by Plaintiff Sabine Schudel. (Perkins, Kenneth) (knb).
June 24, 2013 Opinion or Order Filing 171 Notice of Document Discrepancies by Judge Roger T. Benitez Rejecting Document: Application for Appearance and Examination from Sabine Schudel. Non-compliance with local rule(s), OTHER: Document previously filed in case docket #168. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1. Signed by Judge Roger T. Benitez on 6/21/2013.(All non-registered users served via U.S. Mail Service)(vam) (av1).
June 21, 2013 Filing 170 CERTIFICATE OF SERVICE re #168 Request for Judgment Debtor Exam, Proof of Service by Plaintiff Sabine Schudel. (Perkins, Kenneth) Modified to correct event used on 6/24/2013 (knb).
June 19, 2013 Opinion or Order Filing 169 ORDER for Appearance of Judgment Debtor re Thomas Bibiyan. Judgment Debtor Exam set for 8/7/2013 10:00 AM in Courtroom 1D before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 6/18/2013.(All non-registered users served via U.S. Mail Service)(knb) (jrl).
June 18, 2013 Filing 168 REQUEST FOR JUDGMENT DEBTOR EXAM before Judge Bernard G. Skomal filed by Plaintiff Ramon Toledo as to Judgment Debtor Thomas Bibiyan. (Attachments: #1 Order [proposed] to Appear for Examination Re: Enforcement of Judgment, #2 Proof of Service)(Perkins, Kenneth) (knb).
April 23, 2013 Filing 167 NOTICE OF WITHDRAWAL OF DOCUMENT by Sabine Schudel re #166 MOTION Plaintiffs Sabine Schudel and Ramon Toledo's Notice of Renewed Application and Application for Ex Parte Order Granting Authority to Donald P. Tremblay, Esq. to Disburse Monies in Trust for Searchguy.Com, Inc. for Attorneys' Fees Incur (Attachments: #1 Proof of Service)(Nolan, Holly) Modified text on 4/23/2013 (knb).
February 25, 2013 Filing 166 WITHDRAWN per #167 Notice of Withdrawal of Document. MOTION Plaintiffs Sabine Schudel and Ramon Toledo's Notice of Renewed Application and Application for Ex Parte Order Granting Authority to Donald P. Tremblay, Esq. to Disburse Monies in Trust for Searchguy.Com, Inc. for Attorneys' Fees Incurred by Sabine Schudel. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Holly J. Nolan in Support Thereof., #3 Proof of Service)(Nolan, Holly) (knb)
September 12, 2012 Filing 165 Minute Entry for proceedings before Magistrate Judge Barbara Lynn Major: Judgment Debtor Exam set for 9/12/2012 - Not Held. Farhad Bibiyan re Judgment Debtor Thomas Bibiyan - Not Appearing. Pursuant to phone call with Attorney David Speckman Notice to Appear was not served. Counsel to proceed as appropriate. (Plaintiff Attorney N/A) (Defendant Attorney N/A). (no document attached). (mjm)
August 27, 2012 Opinion or Order Filing 164 ORDER granting Plaintiff's #160 Motion for Examination and Production of Documents from Family Witness Farhad Bibiyan. Subpoena shall be issued compelling Farhad Bibiyan to appear to be examined by Judgment Creditor and produce documents. Judgment Debtor Exam set for 9/12/2012 10:00 AM in Courtroom H before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 8/27/2012. (All non-registered users served via U.S. Mail Service) (jah) (jrl).
August 23, 2012 Opinion or Order Filing 163 ORDER Granting #159 Motion for Examination of and Production of Documents from Judgment Debtor Farzad Bibiyan. Signed by Magistrate Judge Barbara Lynn Major on 8/23/2012.(Attorney to issue subpoena) (knb)
August 23, 2012 Opinion or Order Filing 162 ORDER Granting #158 Motion for Examination of and Production of Documents from Judgment Debtor Thomas Bibyan. Signed by Magistrate Judge Barbara Lynn Major on 8/23/2012. (Attorney to issue subpoena)(knb) (jrl).
August 23, 2012 Filing 161 DECLARATION of David L. Speckman in Support of MOTIONS For Examination of And Production of Documents From Judgment Debtor Thomas Bibiyan, [and third parties] Farhad Bibiyan, Farzad Bibiyan by Ramon Toledo . (Attachments: #1 Declaration)(Noorigian, Kenneth) Modified to correct event used on 8/24/2012 (knb).
August 23, 2012 Filing 160 MOTION to Enforce Judgment ;Motion for examination of [Family Witness] and production of documents from Family Witness Farhad Bibiyan by Ramon Toledo. (Noorigian, Kenneth) (knb).
August 23, 2012 Filing 159 MOTION to Enforce Judgment ; Motion for examination of [Family Witness] and production of documents from Family Witness Farzad Bibiyan by Ramon Toledo. (Noorigian, Kenneth) (knb).
August 23, 2012 Filing 158 Ex Parte MOTION to Enforce Judgment ; Motion for examination of [Judgment Debtor] and production of documents from Judgment Debtor Thomas Bibiyan by Ramon Toledo. (Noorigian, Kenneth) (knb).
July 27, 2012 Opinion or Order Filing 157 ORDER Denying Plaintiffs Sabine Schudel and Ramon Toledo's #156 Motion for Disbursement of Funds without Prejudice. Signed by Judge Roger T. Benitez on 7/27/2012. (All non-registered users served via U.S. Mail Service)(knb) (jrl).
May 9, 2012 Filing 156 MOTION for Disbursement of Funds in Trust for Searchguy.com, Inc. for Attorneys' Fees Incurred by Sabine Schudel. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service)(Nolan, Holly) (knb).
September 2, 2011 Opinion or Order Filing 155 ORDER Granting in Part and Denying in Part Plaintiff's #153 Ex Parte Motion for an Order Granting Authority To: Donald P. Tremblay, Esq. To Disburse Monies In Trust For Searchguy.com, Inc. Corporate Objectives; and Ramon Toledo To Retain Counsel To Achieve Those Objectives. Signed by Judge Roger T. Benitez on 9/2/2011. (All non-registered users served via U.S. Mail Service)(knb) (jrl).
June 24, 2011 Filing 154 NOTICE of Appearance by Michael Thomas Lane on behalf of Ramon Toledo (Attachments: #1 Proof of Service)(Lane, Michael)(ag).
June 24, 2011 Filing 153 Ex Parte MOTION Ex Parte Order Granting Authority To: Donald P. Tremblay, Esq. To Disburse Monies In Trust For Searchguy.com, Inc. Corporate Objectives; and Ramon Toledo To Retain Counsel To Achieve Those Objectives. by Ramon Toledo. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Proof of Service)(Lane, Michael) (ag).
August 23, 2010 Filing 152 Mail Returned as Undeliverable re #150 Order on Motion for Default Judgment, #151 Clerk's Default Judgment, Mail sent to Lenny Rachitsky. Mail resent to new address on 8/24/10. (knh) Documents #169 , #171 , #176 , #178 returned undeliverable on 8/14/2013; sent to 336 Rosemont St, La Jolla, CA 92037-6032 (knb). Modified on 8/14/2013 (knb). 336 Rosemont St - Returned Undeliverable re 181 , #184 , #185 on 2/6/2014 (knb).
August 9, 2010 Filing 151 Clerk's DEFAULT JUDGMENT in favor of Ramon Toledo and Sabine Schudel against Florence equity LLC, Internetplays.com, and Tabmeta. The Court awards Plaintiffs damages against Bibiyan and the Entity Defendants. (All non-registered users served via U.S. Mail Service)(jer)
August 9, 2010 Opinion or Order Filing 150 ORDER GRANTING DEFAULT JUDGMENT. Signed by Judge Roger T. Benitez on 8/8/10. (All non-registered users served via U.S. Mail Service)(jer)
July 16, 2010 Filing 149 NOTICE of Change of Address by Donald Paul Tremblay (Attachments: #1 Proof of Service)(Tremblay, Donald) (knh).
July 7, 2010 Filing 148 Minute Order issued by the Honorable Roger T. Benitez: Submitting #146 MOTION for Default Judgment as to Award of Damages. Court to issue Order. Motion Hearing date of 7/12/2010 10:30AM is hereby vacated. (All non-registered users served via U.S. Mail Service)(gxr)
June 11, 2010 Filing 147 CERTIFICATE OF SERVICE re #146 MOTION for Default Judgment as to Award of Damages Certificate of Service by Plaintiff Sabine Schudel. (Tremblay, Donald) Clarified text on 6/14/2010 (knh).
June 11, 2010 Filing 146 MOTION for Default Judgment as to Award of Damages by Sabine Schudel. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Proof of Service)(Tremblay, Donald) (knh).
May 27, 2010 Opinion or Order Filing 145 ORDER Vacating Final Pretrial Conference. The Final Pretrial Conference set for May 28, 2010 is vacated. Signed by Judge Roger T. Benitez on 5/27/2010.(cc: split4to1@yahoo.com)(All non-registered users served via U.S. Mail Service)(knh) (kaj).
May 13, 2010 Filing 144 Clerk's DEFAULT JUDGMENT in favor of Ramon Toledo, Sabine Schudel against Thomas Bibiyan. (All non-registered users served via U.S. Mail Service)(knh) (mam).
May 13, 2010 Opinion or Order Filing 143 ORDER Striking Defendant Bibiyan's Answer and Counterclaims and Entering Default Judgment Against Defendant Bibiyan. The Court grants Plaintiffs leave to file a motion to prove damages on or before June 11, 2010. Signed by Judge Roger T. Benitez on 5/12/2010.(All non-registered users served via U.S. Mail Service)(knh) (mam).
May 4, 2010 Filing 142 Minute Entry for proceedings held before Judge Roger T. Benitez: Status Conference held on 5/4/2010. Defendant and Cross-Claimant Thomas Bibiyan failed to appear to his Court-ordered deposition that was to take place 9:30AM 5/4/2010 in U.S. District Court for the Souther District of California, Courtroom 03, 940 Front Street, San Diego, California 92101. The Court hereby orders that Thomas Bibiyan's answer be stricken from the record and orders that default be entered against defendant and cross-claimant Thomas Bibiyan. Court to issue Order.(Court Reporter Deborah O'Connell). (Plaintiff Attorney Donald Trembley). (Defendant Attorney No Appearance). (gxr)
May 3, 2010 Opinion or Order Filing 139 ORDER Approving Settlement of Derivative Claims as to Defendant Lenny Rachitsky and Application for Attorney's Fees. The Court approves reimbursement to Plaintiffs from the monies by Rachitsky pursuant to the settlement in the amount of $27,000 for attorneys' fees and costs to be paid to counsel pro-rata as settlement payments are made by Defendant Rachitsky. Signed by Judge Roger T. Benitez on 5/3/2010. (All non-registered users served via U.S. Mail Service)(knh)(mam).
May 3, 2010 Filing 138 Minute Order. for proceedings held before Judge Roger T. Benitez: Final Approval of Settlement Hearing held on 5/3/2010. Submitting #124 MOTION for Default Judgment as to Florence Equity, LLC, Internetplays.com, LLC, and Tabmeta, Inc., submitting #131 MOTION for Settlement of Derivative Claims Against Defendant Lenny Rachitsky. Court to issue Order. (Court Reporter Deborah O'Connell.)(Plaintiff Attorney Robert Robertson).(Defendant Attorney No Appearance). (All non-registered users served via U.S. Mail Service)(gxr)
April 30, 2010 Filing 137 Letter from Thomas Bibiyan. (knh)
April 30, 2010 Filing 136 Notice of Document Discrepancy by Judge Roger T. Benitez Accepting Document: Letter from Thomas Bibiyan. Non-compliance with local rule(s), OTHER: Improper Format; No Proof of Service. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by chambers of Judge Roger T. Benitez on 4/28/2010.(All non-registered users served via U.S. Mail Service)(knh)
April 27, 2010 Opinion or Order Filing 135 ORDER that Defendant and Cross-Claimant Thomas Bibiyan Appear at Deposition and Participate in Pretrial Conference. The Court hereby Orders that Defendant/Counter-Claimant Thomas Bibiyan shall appear on Tuesday, May 4, 2010, beginning at 9:30 a.m. for his deposition to be taken by counsel for Plaintiffs/Cross-Defendant. It is further Ordered that, immediately upon the conclusion of the deposition of Defendant/Counter-Claimant Thomas Bibiyan, he shall remain at said Court and he shall participate in a Pretrial Conference with counsel for Plaintiffs/Cross-Defendant as required under U.S. District Court, Southern District, Local Rule 16(f). Signed by Judge Roger T. Benitez on 4/27/2010.(cc: split4to1@yahoo.com)(All non-registered users served via U.S. Mail Service)(knh)(mam).
April 27, 2010 Filing 134 CERTIFICATE OF SERVICE by Lenny Rachitsky re #132 Declaration of Defendant Lenny Rachitsky (Tremblay, Donald) (knh).
April 26, 2010 Opinion or Order Filing 133 Minute Entry for proceedings held before Judge Roger T. Benitez: Pretrial Conference held on 4/26/2010. The Court hereby orders that the deposition of Thomas Bibiyan shall take place on 5/4/2010 09:30AM in Courtroom 03 before Judge Roger T. Benitez. Plaintiff counsel to submit to the Court by 5:00PM 4/27/2010 a proposed Order re: deposition of Thomas Bibiyan and the participation of Thomas Bibiyan during the Pretrial Conference. Defendant Thomas Bibiyan shall be electronically served with this Minute Entry and the Order signed by Judge Roger T. Benitez via his e-mail address: split4to1@yahoo.com. Final Pretrial Conference reset for 5/28/2010 10:30 AM in Courtroom 03 before Judge Roger T. Benitez.(Court Reporter Deborah O'Connell). (Plaintiff Attorney Donald Paul Tremblay, Robert Robinson). (Defendant Attorney Thomas Bibiyan (pro per)). (gxr)
April 26, 2010 Filing 132 DECLARATION by Defendant Lenny Rachitsky. (Tremblay, Donald) atty notified re missing POS (knh).
April 22, 2010 Filing 131 MOTION for Settlement of Derivative Claims Against Defendant Lenny Rachitsky by Sabine Schudel. (Attachments: #1 Declaration, #2 Exhibit, #3 Proof of Service)(Tremblay, Donald) (knh).
April 19, 2010 Filing 130 PRETRIAL MEMORANDUM by Sabine Schudel. (Attachments: #1 Notice, #2 Proof of Service)(Tremblay, Donald) atty notified re separate order (knh).
April 12, 2010 Filing 129 Letter from Thomas Bibiyan. NUNC PRO TUNC 4/7/2010. (knh)(mam).
April 12, 2010 Filing 128 Notice of Document Discrepancy by Judge Roger T. Benitez Accepting Document: Letter from Thomas Bibiyan. Non-compliance with local rule(s), OTHER: Improper Format. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by chambers of Judge Roger T. Benitez on 4/9/2010.(All non-registered users served via U.S. Mail Service)(knh)(mam).
April 12, 2010 Filing 127 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Sabine Schudel. (Attachments: #1 Exhibit, #2 Proof of Service)(Tremblay, Donald) (kaj).
April 5, 2010 Filing 126 Letter from Thomas Bibiyan. NUNC PRO TUNC 4/2/2010. (knh)
April 5, 2010 Filing 125 Notice of Document Discrepancy by Judge Roger T. Benitez Accepting Document: Letter from Thomas Bibiyan. Non-compliance with local rule(s), OTHER: ex parte communication prohibited (Local Rule 83.9). IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received.Signed by chambers of Judge Roger T. Benitez on 4/5/2010.(All non-registered users served via U.S. Mail Service)(knh)
March 31, 2010 Filing 124 NOTICE by Sabine Schudel of and Application for Default Judgment by Court Against Defendants Florence Equity, LLC; Internetplays.com, LLC; and Tabmeta, Inc. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Exhibit, #5 Exhibit, #6 Proof of Service, #7 Proof of Service)(Tremblay, Donald) Modified on 4/1/2010 wrong event selected, edited to fix event (leh).
March 1, 2010 Filing 123 Letter to Judge Benitez from Joan Helvey (nunc pro tunc 2/24/10) (All non-registered users served via U.S. Mail Service)(asw)
March 1, 2010 Filing 122 Notice of Document Discrepancy by Judge Roger T. Benitez Accepting Document: Letter to Judge Benitez. Non-compliance with local rule(s), OTHER: Ex parte communication with judge prohibited (Local Rule 83.9). IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. (All non-registered users served via U.S. Mail Service)(asw)
March 1, 2010 Filing 121 Minute Entry for proceedings held before Judge Roger T. Benitez: Final Approval of Settlement Hearing held on 3/1/2010. On Court's own motion, Final Approval of Settlement Hearing continued to 5/3/2010 10:30 AM in Courtroom 03 before Judge Roger T. Benitez.(Court Reporter Deborah O'Connell). (Plaintiff Attorney Robert Robertson). (Defendant Attorney No Appearance). (gxr)
February 26, 2010 Filing 120 DECLARATION of Donald P. Tremblay in Support of Application for Attorneys Fees & Costs by Plaintiff Sabine Schudel. (Attachments: #1 Proof of Service)(Tremblay, Donald)(asw).
January 29, 2010 Opinion or Order Filing 119 ORDER on Plaintiffs' Ex Parte Motion to Continue the Pretrial Conference and Extend Time to Move for Default Judgment: The Court continues the pretrial dates as indicated and extends the time for Plaintiffs to move for default judgment 3/31/10. Memoranda of Contentions of Fact and Law due 4/12/10, Proposed Pretrial Order due 4/19/10, Pretrial Conference set for 4/26/10 at 10:30 AM. Signed by Judge Roger T. Benitez on 1/28/10. (All non-registered users served via U.S. Mail Service)(asw) (jrl).
January 25, 2010 Filing 118 CERTIFICATE OF SERVICE by Sabine Schudel, Ramon Toledo re #117 Motion to Continue (Tremblay, Donald) Modified on 1/26/2010 (asw).
January 22, 2010 Filing 117 Ex Parte MOTION to Continue Pretrial Conference and to Extend Time to File Application for Default Judgments by Sabine Schudel. (Attachments: #1 Declaration, #2 Declaration)(Tremblay, Donald) Atty notified to file POS (asw).
December 15, 2009 Filing 116 Clerk's ENTRY OF DEFAULT as to Florence equity LLC, Internetplays.com LLC, Tabmeta Inc (All non-registered users served via U.S. Mail Service)(asw) (jrl).
December 14, 2009 Opinion or Order Filing 115 ORDER Granting Entry of Default. The #107 Motion for Entry of Default is GRANTED. The clerk shall enter default of Defendants Florence Equity, LLC, InternetPlays.com, LLC, and Tabmeta, Inc. Signed by Judge Roger T. Benitez on 12/11/09. (All non-registered users served via U.S. Mail Service)(asw) (jrl).
December 14, 2009 Opinion or Order Filing 114 ORDER granting #106 Preliminary Approval of Settlement. The hearing for final approval of settlement is set for 3/1/10 at 10:30 AM. The Court approves the notice of settlement, attached to this order. Signed by Judge Roger T. Benitez on 12/11/09. (All non-registered users served via U.S. Mail Service)(asw) (jrl).
November 30, 2009 Filing 113 Minute Order for proceedings held before Judge Roger T. Benitez: Motion Hearing held on 11/30/2009. Submitting [106-1] MOTION for Settlement Approval with Lenny Rachitsky filed by Sabine Schudel, granting [107-1] MOTION for Default Judgment as to Defendants Florence Equity, LLC, Internetplays.com, LLC & Tabmeta, Inc. filed by Sabine Schudel. Court to issue Order as to both motions. Final Approval of Settlement Hearing set for 3/1/2010 10:30 AM in Courtroom 03 before Judge Roger T. Benitez. (Court Reporter Deborah O'Connell.)(Plaintiff Attorney Robert Robinson).(Defendant Attorney No Appearance). (All non-registered users served via U.S. Mail Service)(gxr)
November 24, 2009 Filing 112 NOTICE of Hearing on Motions [106-1] MOTION for Settlement Approval with Lenny Rachitsky, [107-1] MOTION for Default Judgment as to Defendants Florence Equity, LLC, Internetplays.com, LLC & Tabmeta, Inc.: Motion Hearing reset for 11/30/2009 03:00 PM in Courtroom 03 before Judge Roger T. Benitez. (All non-registered users served via U.S. Mail Service)(gxr)
November 9, 2009 Opinion or Order Filing 111 ORDER on Plaintiffs' #108 Ex Parte Motion to Continue the Pretrial Conference: The Court will not vacate the pretrial conference and related deadlines entirely. The following dates are continued - Memoranda of Contentions of Fact and Law due 1/25/10, Propose Pretrial Order due 2/1/10, Pretrial Conference scheduled for 2/8/10 at 10:30 AM. Signed by Judge Roger T. Benitez on 11/9/09. (All non-registered users served via U.S. Mail Service)(asw) (jrl).
November 5, 2009 Filing 110 CERTIFICATE OF SERVICE by Sabine Schudel re #108 Ex Parte MOTION to Continue Pretrial Conference (Tremblay, Donald)(asw).
November 4, 2009 Filing 109 CERTIFICATE OF SERVICE by Sabine Schudel re #108 Ex Parte MOTION to Continue Pretrial Conference (Tremblay, Donald) Atty notified to refile; document not signed (asw).
November 4, 2009 Filing 108 Ex Parte MOTION to Continue Pretrial Conference by Sabine Schudel. (Attachments: #1 Declaration of Robert Robinson)(Tremblay, Donald)(asw).
October 29, 2009 Filing 107 MOTION for Entry of Default as to Defendants Florence Equity, LLC, Internetplays.com, LLC & Tabmeta, Inc. by Sabine Schudel. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service, #4 Proof of Service)(Tremblay, Donald)(asw).
October 29, 2009 Filing 106 MOTION for Settlement Approval with Lenny Rachitsky by Sabine Schudel. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service, #4 Proof of Service)(Tremblay, Donald)(asw).
October 16, 2009 Filing 105 NOTICE of Appearance by Robert Robinson on behalf of Sabine Schudel, Ramon Toledo, Ramon Toledo (Attachments: #1 Proof of Service)(Robinson, Robert)(asw).
October 16, 2009 Filing 104 NOTICE of Appearance by Donald Paul Tremblay on behalf of Sabine Schudel (Attachments: #1 Proof of Service Certificate of Service)(Tremblay, Donald) Atty notified to refile - atty appearing must file using own login & password(asw).
October 9, 2009 Filing 103 NOTIFICATION OF BANKRUPTCY; Thomas Bibiyan's Suggestion of Bankruptcy. (Tremblay, Donald) Modified on 10/13/2009 text corrected (kaj).
October 7, 2009 Filing 102 NOTICE of Appearance by Donald Paul Tremblay on behalf of Sabine Schudel (Attachments: #1 Proof of Service Certificate of Service)(Tremblay, Donald) Atty notified re filing of appearances (asw).
October 6, 2009 Filing 101 CERTIFICATE OF SERVICE by Lenny Rachitsky re #99 Notice of Change of Address of Lenny Rachitsky (Tremblay, Donald)(asw).
September 29, 2009 Opinion or Order Filing 100 ORDER granting in part and denying in part Plaintiffs' #98 Ex Parte Motion to Continue the Pretrial Conference. The Court continues the following pretrial dates: Memorandum of Contentions of Fact and Law due by 11/2/2009. Proposed Pretrial Order due by 11/9/2009. Final Pretrial Conference set for 11/16/2009 10:30 AM before Judge Roger T. Benitez. Signed by Judge Roger T. Benitez on 9/29/09. (All non-registered users served via U.S. Mail Service).(asw) (jrl).
September 25, 2009 Filing 99 NOTICE of Change of Address by Donald Paul Tremblay (Tremblay, Donald) Atty notified re POS(asw).
September 25, 2009 Filing 98 Ex Parte MOTION to Continue Pretrial Hearing by Sabine Schudel. (Attachments: #1 Declaration of Donald P. Tremblay, #2 Proof of Service Certificate of Service)(Tremblay, Donald) Atty notified re use of s/ (asw).
September 17, 2009 Opinion or Order Filing 97 RULE 23.1 ORDER: Based on the record before the Court and Plaintiffs' supplemental briefing, the Court finds that at this time, Rule 23.1(a) does not prevent Plaintiffs from pursuing the derivative claims. Plaintiffs may maintain the derivative claims. Signed by Judge Roger T. Benitez on 9/16/09. (All non-registered users served via U.S. Mail Service).(asw) (jrl). Modified on 9/18/2009 to correct rule number & regenerate NEF (asw).
August 27, 2009 Filing 96 SUPPLEMENTAL BRIEFING by Plaintiff Sabine Schudel & Ramon Toledo. (Attachments: #1 Declaration of Donald P. Tremblay, #2 Proof of Service Certificate of Service)(Tremblay, Donald) Atty notified re use of s/ (asw).
August 10, 2009 Filing 95 Mail sent to Malgorzata Duszak Returned as Undeliverable (returned for additional postage) re #93 Scheduling Order. Mail resent. (asw)
August 7, 2009 Filing 94 Mail sent to Malgorzata Duszak re #92 Order on Motion for Leave to File, returned as undeliverable (returned for additional postage). Mail resent. (asw)
August 4, 2009 Opinion or Order Filing 93 ORDER Continuing Pretrial Conference: On its own motion, the Court continues the following pretrial dates: Final Pretrial Conference set for 10/5/2009 10:30 AM before Judge Roger T. Benitez. Memorandum of Contentions of Fact and Law due by 9/16/2009. Proposed Pretrial Order due by 9/28/2009. Signed by Judge Roger T. Benitez on 8/4/09. (All non-registered users served via U.S. Mail Service).(asw) (jrl).
August 4, 2009 Opinion or Order Filing 92 ORDER Denying #51 Motion to Intervene, Denying Request for Notice, Requiring Briefing on Adequacy of Plaintiffs' Representation: Duszak's motion to intervene and for notice to all shareholders is DENIED. Plaintiffs shall file supplemental briefing with the Court on or before 8/28/09 addressing Plaintiffs' ability to fairly and adequately represent similarly situated shareholders on the derivative claims. Signed by Judge Roger T. Benitez on 8/4/09. (All non-registered users served via U.S. Mail Service).(asw) (jrl).
June 23, 2009 Opinion or Order Filing 91 ORDER denying #46 Motion for Summary Judgment. Signed by Judge Roger T. Benitez on 6/22/09. (All non-registered users served via U.S. Mail Service).(asw) (jrl).
May 29, 2009 Filing 90 NOTICE re Pre-trial Conference by Thomas Bibiyan. (nunc pro tunc to 5/26/09)(All non-registered users served via U.S. Mail Service).(asw) Modified on 5/29/2009 to add text (asw).
May 29, 2009 Filing 89 Notice of Document Discrepancy by Judge Roger T. Benitez Accepting Document: Letter/Notice re Pre-Trial Conference from Thomas Bibiyan. Non-compliance with local rule(s), OTHER: not in pleading format; missing proof of service. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. (All non-registered users served via U.S. Mail Service).(asw)
May 28, 2009 Filing 88 NOTICE of Hearing: Final Pretrial Conference reset for 8/17/2009 10:30 AM in Courtroom 03 before Judge Roger T. Benitez. (All non-registered users served via U.S. Mail Service).(gxr)
April 6, 2009 Filing 87 RESPONSE in Opposition re #84 Joint MOTION to Dismissal of Plaintiffs' Personal Claims as Against Lenny Rachitsky filed by Malgorzata Duszak. (asw) (av1).
April 6, 2009 Opinion or Order Filing 86 ORDER granting #84 and #85 Motion for Dismissal with Prejudice of Personal Claims. The Court GRANTS the joint motion and dismisses with prejudice Schudel and Toledo's personal claims against Rachitsky and dismisses with prejudice Rachitsky's personal claims against Toledo as stipulated by the parties. Signed by Judge Roger T. Benitez on 4/5/09. (All non-registered users served via U.S. Mail Service).(asw) (av1).
March 2, 2009 Filing 85 Joint MOTION to Dismiss Counterclaim of Lenny Rachitsky by Sabine Schudel. (Tremblay, Donald) Modified on 3/3/2009 to set as motion, clarify text, remove all caps(asw).
March 2, 2009 Filing 84 Joint MOTION/Request for Dismissal of Plaintiffs' Personal Claims as Against Lenny Rachitsky by Sabine Schudel. (Tremblay, Donald) Modified on 3/3/2009 to set at motion, clarify text. Atty notified re all caps and incorrect event selection (asw).
January 23, 2009 Filing 83 Notice of Document Discrepancy by Magistrate Judge Barbara Lynn Major Rejecting Document: Response from Thomas Bibiyan. Non-compliance with local rule(s), OTHER: Not in pleading format and should be served on opposing counsel, not filed. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1., Rejected document was returned to the filer (All non-registered users served via U.S. Mail Service).(asw) (kaj).
January 8, 2009 Opinion or Order Filing 82 ORDER Following Mandatory Settlement Conference: On 1/5/09, the Court convened a Mandatory Settlement Conference. The case did not settle. Defendant Thomas Bibiyan is ordered to appear at Plaintiffs counsels office on 1/29/09 at 9:30 a.m. for his deposition. Defendant Bibiyan is ordered to provide all outstanding discovery to Plaintiffs counsel by 1/22/09. Signed by Magistrate Judge Barbara Lynn Major on 1/8/09. (All non-registered users served via U.S. Mail Service).(asw) (av1).
January 8, 2009 Filing 81 NOTICE by Thomas Bibiyan (nunc pro tunc to 12/29/08)(All non-registered users served via U.S. Mail Service).(asw) (av1).
January 8, 2009 Filing 80 Notice of Document Discrepancy by Judge Roger T. Benitez Accepting Document: Motion / Notice from Thomas Bibiyan. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1 or 47.1: Lacking memorandum of points and authorities in support as a separate document. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. (All non-registered users served via U.S. Mail Service).(asw) (av1).
January 5, 2009 Filing 79 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major:Mandatory Settlement Conference held on 1/5/2009. Case did not settle. Order to follow.(Tape #n/a).(Plaintiff Attorney Donald Tremblay).(Defendant Attorney Thomas Bibiyan, pro se; Scott Zimmerman s/a for Lenny Rachitsky).(mnb)
December 23, 2008 Filing 78 DECLARATION re #76 Order Declaration re Sanctions by Plaintiff Sabine Schudel. (Tremblay, Donald) Atty notified re certificate of service(asw).
December 16, 2008 Opinion or Order Filing 77 Revised Case Management Order Regulating Discovery and Other Pretrial Proceedings: The Court extends the pretrial dates set forth in the 12/10/07 Case Management Order as follows: Final Pretrial Conference set for 7/20/2009 10:30 AM before Judge Roger T. Benitez. Memorandum of Contentions of Fact and Law due by 6/29/2009. Proposed Pretrial Order due by 7/13/2009. Signed by Magistrate Judge Barbara Lynn Major on 12/16/08. Mandatory Settlement Conference set for 1/5/2009 01:30 PM before Magistrate Judge Barbara Lynn Major. (All non-registered users served via U.S. Mail Service).(asw) (av1).
December 16, 2008 Opinion or Order Filing 76 ORDER (1) Sanctioning Defendant Bibiyan, (2) Granting in Part and Denying in Part Plaintiffs' Additional Requests, and (3) Setting Mandatory Settlement Conference: The Court ORDERS Defendant to pay $3,160 in sanctions on or before 12/22/08, and to file a declaration by 12/29/08; DENIES without prejudice request to strike Defendants answer; GRANTS request to continue discovery and expert deadlines; DENIES request to continue dates for Plaintiffs only; DENIES request to produce documents as premature; Court is not in a position to grant request to access Defendants computers and DENIES it without prejudice; GRANTS request to depose Defendant for no less than 2 days; DENIES request to stay Defendants discovery of Plaintiffs pending the conclusion of the discovery requested by Plaintiffs; DECLINES to impose additional sanctions and DENIES motion. Mandatory Settlement Conference set for 1/5/2009 01:30 PM before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 12/16/08. (All non-registered users served via U.S. Mail Service).(asw) (av1).
November 12, 2008 Opinion or Order Filing 75 ORDER granting #68 Withdrawal of Counsel. The Court GRANTS the request of the Law Office of Matthew A. Becker, PC to withdraw as counsel for Defendants Florence Equity, LLC, Tabmeta, Inc., and Internetplays.com, LLC and GRANTS these Defendants until 11/28/08 to retain substitute counsel. Attorney Matthew A Becker terminated. Signed by Judge Roger T. Benitez on 11/7/08. (All non-registered users served via U.S. Mail Service).(asw) (kaj).
October 29, 2008 Opinion or Order Filing 74 ORDER Vacating Settlement Conference: The Settlement Conference currently set for 11/3/08 at 9:30 a.m. is hereby VACATED. Signed by Magistrate Judge Barbara Lynn Major on 10/29/08. (All non-registered users served via U.S. Mail Service) (asw) (av1).
October 27, 2008 Filing 73 CERTIFICATE OF SERVICE by Sabine Schudel re #72 Reply, Further Reply of Plaintiffs in Support of Court's Award of Sanctions Against Defendant Thomas Bibiyan and Request for Further Sanctions (Tremblay, Donald)(asw).
October 27, 2008 Filing 72 Further REPLY re #49 Reply, of Plaintiffs in Support of Court's Award of Sanctions Against Defendant Thomas Bibiyan and Request for Further Sanctions filed by Sabine Schudel. (Attachments: #1 Exhibit Notice of Lodgment)(Tremblay, Donald) Certificate of Service filed in #73 . Modified on 10/28/2008 to clarify text(asw).
October 23, 2008 Filing 71 Minute Order issued by the Honorable Roger T. Benitez: Submitting #46 Motion for Summary Judgment; submitting #51 Motion for Leave to Intervene as Party Plaintiff, to Direct Notice to All Shareholders, and to Make a Rule 23.1(a) Determination. Court to issue Order. Motion Hearing date of 10/20/2008 10:30AM is hereby vacated. (All non-registered users served via U.S. Mail Service).(gxr)
October 22, 2008 Filing 70 REPLY in Opposition re #49 of Plaintiffs Request for Further Sanctions. filed by Thomas Bibiyan. (Nunc Pro Tunc to 10/20/08) (All non-registered users served via U.S. Mail Service)(asw) Modified on 10/22/2008 to add text (asw). (av1).
October 22, 2008 Opinion or Order Filing 69 Discrepancy Order by Judge Roger T. Benitez accepting document: Opposition to Motion from Defendant Thomas Bibiyan, non-compliance with local rule Other: not in pleading format. (All non-registered users served via U.S. Mail Service).(asw)
October 17, 2008 Filing 68 Ex Parte MOTION to Withdraw as Attorney by Florence equity LLC, Tabmeta Inc, Internetplays.com LLC. (Attachments: #1 Declaration)(Becker, Matthew)(asw).
October 16, 2008 Filing 67 RESPONSE in Opposition re #38 MOTION to Compel Further Answers to to Interrogatories filed by Thomas Bibiyan. Filed Nunc Pro Tunc to 10/02/08. (cap) (av1).
October 16, 2008 Opinion or Order Filing 66 Discrepancy Order by Judge Roger T. Benitez accepting document: Opposition to Motion to Compel Discovery from Defendant Thomas Bibiyan, non-compliance with local rule Other: not in pleading format. (All non-registered users served via U.S. Mail Service).(cap) Modif (av1).
October 16, 2008 Opinion or Order Filing 65 ORDER Granting in Part and Denying in Part Defendants, Thomas Bibiyan, Florence Equity, LLC, Tabmeta, Inc., and Interetplays.com, LLC's #53 Motion for Substitution and Termination of Counsel. The Court hereby GRANTS the request of Thomas Bibiyan to represent himself as Pro Se. The Law Offices of Matthew A. Becker, P.C. is terminated as attorney of record for Thomas Bibiyan. The Court hereby DENIES the request of Florence Equity, LLC, Tabmeta, Inc., and Internetplays.com, LLC to terminate the Law Offices of Matthew A. Becker, P.C. Signed by Judge Roger T. Benitez on 10/15/08. (All non-registered users served via U.S. Mail Service).(asw) (av1).
October 16, 2008 Opinion or Order Filing 64 ORDER granting #54 Defendant Lenny Rachitsky's Motion for Substitution of Counsel. The Law Offices of Matthew A. Becker, P.C. is terminated as attorney of record for Lenny Rachitsky. Signed by Judge Roger T. Benitez on 10/15/08. (asw) (av1).
October 10, 2008 Filing 63 REPLY to Response in Opposition re #46 MOTION for Summary Judgment filed by Florence equity LLC, Tabmeta Inc, Internetplays.com LLC, Lenny Rachitsky, Thomas Bibiyan. (Becker, Matthew)(asw).
October 7, 2008 Filing 62 Amended Certificate of Service re #61 Opposition to Motion filed by Sabine Schudel. (Tremblay, Donald) Modified on 10/7/2008 to clarify text. No signature, atty notified to refile (asw).
October 6, 2008 Filing 61 Opposition to Motion filed by Sabine Schudel re #51 MOTION for Leave to Intervene. (Tremblay, Donald) Modified on 10/7/2008 to clarify text (asw).
October 6, 2008 Filing 60 RESPONSE in Opposition re #46 MOTION for Summary Judgment filed by Sabine Schudel. (Attachments: #1 Declaration, #2 Declaration, #3 Statement of Facts, #4 Proof of Service)(Tremblay, Donald) Modified on 10/7/2008 to clarify text. Atty notified re s/ (asw).
October 3, 2008 Opinion or Order Filing 59 ORDER Granting #57 Continuance: Defendants shall have until 10/20/08 to file and serve an opposition to Plaintiffs requests. Plaintiffs shall have until 10/27/08 to file and serve a reply to Defendants opposition. Signed by Magistrate Judge Barbara Lynn Major on 10/3/08. (asw) (av1).
October 3, 2008 Opinion or Order Filing 58 FILED IN ERROR PER CHAMBERS: ORDER granting #57 Continuance. Defendants shall have until 10/20/08 to file and serve an opposition to Plaintiffs requests. Signed by Magistrate Judge Barbara Lynn Major on 10/3/08. (asw) Modified on 10/3/2008 to note filing error (asw).
October 2, 2008 Filing 57 Ex Parte MOTION to Continue Time for Further Briefing re Plaintiff's Motion to Compel by Florence equity LLC, Tabmeta Inc, Internetplays.com LLC, Lenny Rachitsky, Thomas Bibiyan. (Attachments: #1 Declaration)(Becker, Matthew)(asw).
October 2, 2008 Opinion or Order Filing 56 Discrepancy Order by Judge Roger T. Benitez rejecting document: Letter by individual not party to the case; non-compliance with local rule Other: Ex Parte Communication (Local Rule 83.9). (asw) (kaj).
September 22, 2008 Opinion or Order Filing 55 ORDER Setting Briefing Schedule: Defendants may file an opposition to Plaintiffs' requests #49 on or before 10/6/08. Signed by Magistrate Judge Barbara Lynn Major on 9/21/08. (asw) (av1).
September 19, 2008 Filing 54 MOTION to Substitute Attorney by Lenny Rachitsky. (Becker, Matthew) (asw).
September 19, 2008 Filing 53 MOTION to Substitute Attorney by Florence equity LLC, Thomas Bibiyan, Tabmeta Inc, Internetplays.com LLC. (Becker, Matthew) (asw).
September 18, 2008 Opinion or Order Filing 52 ORDER granting #50 Ex Parte Motion to Continue Settlement Conference: The Settlement Conference is hereby continued to 11/3/08 at 9:30 AM. Confidential settlement briefs shall be filed no later than 10/27/08. Signed by Magistrate Judge Barbara Lynn Major on 9/18/08. (asw) (av1).
September 18, 2008 Filing 51 MOTION for Leave to Intervene as Party Plaintiff; to Direct Notice to All Shareholders; and to Make a Rule 23.1(a) Determination by Movant-Intervenor Malgorzata Duszak (Attachments: #1 Memo of Points and Authorities)(asw)(kaj).
September 17, 2008 Filing 50 Ex Parte MOTION to Continue Settlement Conference by Florence equity LLC, Tabmeta Inc, Internetplays.com LLC, Lenny Rachitsky, Thomas Bibiyan. (Attachments: #1 Declaration)(Becker, Matthew)(asw).
September 15, 2008 Filing 49 REPLY re #44 Order on Motion to Compel Reply of Plaintiffs in Support of Court's Award of Sanctions Against Defendant Thomas Bibiyan and Request for Further Sanctions filed by Sabine Schudel. (Attachments: #1 Declaration of Donald P. Tremblay, #2 Request for Judicial Notice in Support of Plaintiffs' Reply, #3 Notice of Lodgment in Support of Plaintiffs' Reply, #4 Exhibit to Notice of Lodgment in Support of Plaintiffs' Reply, #5 Proof of Service of Plaintiffs' Reply)(Tremblay, Donald)(asw).
September 12, 2008 Filing 48 Filed in Error: REPLY re #44 Order on Motion to Compel Reply of Plaintiffs in Support of Court's Award of Sanctions Against Defendant Thomas BIbiyan and Request for Further Sanctions filed by Sabine Schudel. (Attachments: #1 Declaration of Donald P. Tremblay, #2 Request for Judicial Notice in Support of Plaintiffs' Reply, #3 Exhibit in Support of Plaintiffs' Reply)(Tremblay, Donald) Atty notified re S/ and proof of service. Attachments filed incorrectly. Atty to refile.(asw).
September 12, 2008 Filing 47 Filed in Error: REPLY re #44 Order on Motion to Compel Reply of Plaintiffs in Support of Court's Award of Sanctions filed by Sabine Schudel. (Tremblay, Donald) Modified on 9/12/2008 to delete incorrect attachments, atty to refile (asw).
September 5, 2008 Filing 46 MOTION for Summary Judgment by Florence equity LLC, Tabmeta Inc, Internetplays.com LLC, Lenny Rachitsky, Thomas Bibiyan. (Attachments: #1 Memo of Points and Authorities, #2 Statement of Facts, #3 Declaration and Exhibits)(Becker, Matthew) Atty emailed re S/ (asw).
September 5, 2008 Filing 45 RESPONSE in Opposition re #38 MOTION to Compel Further Answers to to Interrogatories : Order for Sanctions filed by Thomas Bibiyan. (Attachments: #1 Declaration)(Becker, Matthew) Atty emailed re S/(asw).
August 21, 2008 Opinion or Order Filing 44 ORDER granting in part and denying in part without prejudice Plaintiff's #38 Motion to Compel. Signed by Magistrate Judge Barbara Lynn Major on 08/21/08. (joeh) (kaj).
August 4, 2008 Opinion or Order Filing 43 Discrepancy Order by Judge Roger T. Benitez rejecting document: Motion for leave to Intervene as Party Plaintiff, to direct Notice; Make Rule Determination non-compliance with local rules Filed by Movant Intervenor Malgorzata Duszak. (Copy of this order sent to Duszak.)(joeh) (av1).
August 4, 2008 Opinion or Order Filing 42 Discrepancy Order by Judge Roger T. Benitez rejecting document: Motion for Reconsideration of the 07/15/08 Order filed by Movant-Intervenor Malgorzata Duszak. Non-compliance with local rules. (Copy of this order sent to Duszak.)(joeh) (av1).
July 21, 2008 Filing 41 REPLY to Response to Motion re #38 MOTION to Compel Further Answers to to Interrogatories filed by Sabine Schudel. (Attachments: #1 Declaration of Donald P. Tremblay, #2 Proof of Service Personal Service)(Tremblay, Donald) (joeh).
July 16, 2008 Filing 40 RESPONSE in Opposition re #38 MOTION to Compel Further Answers to to Interrogatories filed by Thomas Bibiyan. (Attachments: #1 Declaration Becker Declaration)(Becker, Matthew) (joeh).
July 15, 2008 Opinion or Order Filing 39 Discrepancy Order by Judge Roger T. Benitez rejecting document: Motion for leave to Intervene by Malgorzata Duszak non-compliance with local rules. Signed by Judge Roger T. Benitez on 07/11/08. (joeh)(kaj).
July 9, 2008 Filing 38 MOTION to Compel Further Answers to to Interrogatories by Sabine Schudel. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Statement of Facts, #4 Exhibit)(Tremblay, Donald) (joeh).
July 1, 2008 Opinion or Order Filing 37 ORDER, On July 1, 2008, counsel for Plaintiffs contacted the Court to obtain a hearing date for a Motion to Compel and for Sanctions theyintend to file. This Order sets forth a hearing date and briefing schedule for that motion. A hearing date of July 28, 2008 at 9:00 a.m. is assigned. Plaintiffs shall file their motion to compel and for sanctions on or before July 9, 2008. Defendants shall file any opposition on or before July 16, 2008. Plaintiffs shall file any reply on or before July 21,2008. Unless the Court directs otherwise in advance, pursuant to LocalRule 7.1(d)(1), the matter will be resolved without oral argument and nopersonal appearances are required on July 28, 2008 at 9:00 a.m.. Signed by Magistrate Judge Barbara Lynn Major on 07/01/08. (joeh) (av1).
June 19, 2008 Filing 36 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major:Mandatory Settlement Conference held on 6/19/2008. Case did not settle. No order to follow.(Tape #n/a).(Plaintiff Attorney Donald Tremblay).(Defendant Attorney Matthew Becker).(mnb)
June 18, 2008 Opinion or Order Filing 35 ORDER, On June 18, 2008 the Court convened a MandatorySettlement Conference. ( Settlement Conference set for 9/29/2008 09:30 AM before Magistrate Judge Barbara Lynn Major). Signed by Magistrate Judge Barbara Lynn Major on 06/18/08. (joeh) (av1).
May 14, 2008 Filing 34 ANSWER TO COUNTERCLAIM with Jury Demand by Ramon Toledo.(Tremblay, Donald) Modified on 5/15/2008 edit text (joeh).
April 25, 2008 Opinion or Order Filing 33 ORDER, ( due to a scheduling conflict, the Mandatory Settlement Conference is reset for 6/18/2008 09:30 AM in Courtroom 03 before Magistrate Judge Barbara Lynn Major.) Signed by Magistrate Judge Barbara Lynn Major on 04/25/08. (joeh) (av1).
April 25, 2008 Filing 32 STRICKEN by Order of Judge Benitez on 5/13/10. COUNTERCLAIM against Ramon Toledo, filed by Lenny Rachitsky, Thomas Bibiyan.(Becker, Matthew)
April 25, 2008 Opinion or Order Filing 31 ORDER granting #25 Motion to Amend/Correct. The Clerks Office shall file Defendants Counterclaim, Doc. No. 25-4. As Defendants motion to amend is granted under Fed. Rules of Civ. P. 13(f). Signed by Magistrate Judge Barbara Lynn Major on 04/25/08. (joeh) Modified on 4/25/2008 Per counsel, counsel to file Counterclaim (joeh).(av1).
April 21, 2008 Opinion or Order Filing 30 ORDER, ( Mandatory Settlement Conference is continued to 5/28/2008 01:30 PM before Magistrate Judge Barbara Lynn Major). Signed by Magistrate Judge Barbara Lynn Major on 04/21/08. (joeh)(kaj).
April 7, 2008 Filing 29 REPLY to Response to Motion re #25 MOTION to Amend/Correct Pleadings to Include Omitted Counterclaim of Defendants filed by Lenny Rachitsky, Thomas Bibiyan. (Attachments: #1 Declaration of Becker in Support of Reply)(Becker, Matthew) (joeh, ).
April 1, 2008 Filing 28 RESPONSE in Opposition re #25 MOTION to Amend/Correct Pleadings to Include Omitted Counterclaim of Defendants filed by Sabine Schudel. (Attachments: #1 Exhibit Exhibit 1#2 Declaration Tremblay Declaration#3 Proof of Service Certificate of Service)(Tremblay, Donald) (joeh, ).
March 12, 2008 Filing 26 MINUTE ORDER issued by the Honorable Roger T. Benitez REFERRING MOTION: [25-1] MOTION to Amend/Correct Pleadings to Include Omitted Counterclaim of Defendants filed by Lenny Rachitsky, Thomas Bibiyan. Motion [25-1] referred to Magistrate Judge Barbara Lynn Major for Report and Recommendation.(gxr)
March 10, 2008 Opinion or Order Filing 27 ORDER submitting #25 Motion to Amend/Correct. The motion will be heard on April 14, 2008. This matter is taken under submission, and no appearances are required. Plaintiffs opposition to Defendants motion must be filed by April 1, 2008. Defendants reply, if any, must be filed by April 7, 2008. Signed by Judge Barbara Lynn Major on 03/10/07. (joeh) (av1, ).
March 10, 2008 Set/Reset Deadlines as to #25 MOTION to Amend/Correct Pleadings to Include Omitted Counterclaim of Defendants. Responses due by 4/1/2008 Replies due by 4/7/2008. (joeh)
March 10, 2008 Filing 25 MOTION to Amend/Correct Pleadings to Include Omitted Counterclaim of Defendants by Lenny Rachitsky, Thomas Bibiyan. (Attachments: #1 Memo of Points and Authorities in Support of Motion#2 Declaration of Becker in Support of Motion#3 Exhibit Proposed Counterclaim)(Becker, Matthew) (joeh, ). (joeh, ).
February 26, 2008 Filing 24 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major : Case Management Conference held on 2/26/2008. No order to follow.(Tape #n/a).(Plaintiff Attorney Donald Tremblay).(Defendant Attorney Matthew Becker). (mnb)
February 26, 2008 Filing 23 NOTICE of Appearance by Donald Paul Tremblay on behalf of Sabine Schudel (Tremblay, Donald)(joeh, ).
January 11, 2008 Filing 21 NOTICE OF VACATING ORDER TO SHOW CAUSE HEARING: On Court's own motion, the Order to Show Cause hearing date of 1/14/2008 10:30AM is hereby vacated, and the Order to Show Cause is dismissed. (gxr)
December 14, 2007 Filing 20 AFFIDAVIT of Service for First Amended Complaint served on Searchguy.com, Inc., Searchguy Mobile,Shaggy Media on 8/16/07 and 8/30/07, filed by Sabine Schudel. (Tremblay, Donald) (joeh, ).
December 14, 2007 Filing 19 NOTICE of Hearing: Order to Show Cause Hearing set for 1/14/2008 10:30 AM in Courtroom 3 before Judge Roger T. Benitez, as to the defendants SEARCHGUY.COM INC., SHAGGYMEDIA, AND SEARCHGUY MOBILE, FOR DISMISSAL FOR WANT OF PROSECUTION under Rule 4(m) of the Federal Rules of Civil Procedure which provides that an action be dismissed as to all named defendants not served with the summons and amended complaint within 120 days of the filing date, absent a showing of good cause why such service was not made. The filing of a proof of service, showing that service was accomplished within 120 days of the filing date, seven (7) days prior to the above hearing date shall result in the removal of this matter from the court calendar. (gxr)
December 10, 2007 Filing 22 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major : Case Management Conference held on 12/10/2007. Order followed.(Tape #n/a).(Plaintiff Attorney Donald Tremblay).(Defendant Attorney Mathew Becker). (mnb)
December 10, 2007 Opinion or Order Filing 18 SCHEDULING ORDER: Case Management Conference held 12/10/07. Telephonic Attorneys-only Case Management Conference set for 2/26/08 at 1:45 pm before Judge Bargbara Major. Mandatory Settlement Conference set for 4/25/2008 01:30 PM before Magistrate Judge Barbara Lynn Major. Proposed Pretrial Order due by 2/2/2009. Final Pretrial Conference set for 2/9/2009 10:30 AM in Courtroom 3 before Judge Roger T. Benitez. Signed by Judge Barbara Lynn Major on 12/10/07. (mam)
November 8, 2007 Opinion or Order Filing 17 ORDER, ENE held. Case Management Conference set for 12/10/2007 09:15 AM in chambers before Magistrate Judge Barbara Lynn Major. Signed by Judge Barbara Lynn Major on 11/08/07. (joeh)(bar ).
November 7, 2007 Opinion or Order Filing 16 ORDER, Early Neutral Evaluation set for 11/8/2007 01:45 PM in chambers before Magistrate Judge Barbara Lynn Major. Signed by Judge Barbara Lynn Major on 11/07/07. (joeh)(bar ).
October 1, 2007 Opinion or Order Filing 15 Notice and ORDER setting Early Neutral Evaluation for 11/8/2007 at 2:00 PM in chambers before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 10/1/07. (aje)
September 28, 2007 Filing 14 STRICKEN by Order of Judge Benitez on 5/13/10. ANSWER to Amended Complaint by Defendants Florence equity LLC, Tabmeta Inc, Internetplays.com LLC, Lenny Rachitsky, Thomas Bibiyan by Florence equity LLC, Tabmeta Inc, Internetplays.com LLC, Lenny Rachitsky, Thomas Bibiyan.(Becker, Matthew)(joeh, ).
July 31, 2007 Filing 13 AMENDED COMPLAINT with Jury Demand First Amended Complaint against all defendants Filing fee $ 350., filed by Sabine Schudel. (Attachments: #1 Exhibit Settlement Agreement)(Tremblay, Donald)
July 5, 2007 Filing 12 AFFIDAVIT of Service for Affidavit of Service served on Internetplays.com, LLC on April 30, 2007, filed by Sabine Schudel. (Tremblay, Donald)
July 5, 2007 Filing 11 AFFIDAVIT of Service for Affidavit of Service served on Florence Equity, LLC on April 30, 2007, filed by Sabine Schudel. (Tremblay, Donald)
July 5, 2007 Filing 10 AFFIDAVIT of Service for Affidavit of Service served on Rotund Entertainment, LLC on April 30, 2007, filed by Sabine Schudel. (Tremblay, Donald)
July 5, 2007 Filing 9 AFFIDAVIT of Service for Affidavit of Service served on Thomas Bibiyan on April 30, 2007, filed by Sabine Schudel. (Tremblay, Donald)
July 5, 2007 Filing 8 AFFIDAVIT of Service for Affidavit of Service served on Lenny Rachitsky on April 24, 2007, filed by Sabine Schudel. (Tremblay, Donald)
July 5, 2007 Filing 7 AFFIDAVIT of Service for Affidavit of Service served on Local Pacific, LLC on April 24, 2007, filed by Sabine Schudel. (Tremblay, Donald)
July 5, 2007 Filing 6 AFFIDAVIT of Service for Affidavit of Service served on Searchguy.com, Inc. on April 24, 2007, filed by Sabine Schudel. (Tremblay, Donald)
July 5, 2007 Filing 5 AFFIDAVIT of Service for Affidavit of Service served on Tabmeta, Inc. on April 24, 2007, filed by Sabine Schudel. (Tremblay, Donald)
July 5, 2007 Filing 4 AFFIDAVIT of Service for Affidavit of Service served on Tabmeta, Inc. on April 24, 2007, filed by Sabine Schudel. (Tremblay, Donald)
April 30, 2007 Filing 3 AFFIDAVIT of Service for Summons and Complaint served on Local Pacific, LLC C/O US on 04/25/07, filed by Sabine Schudel. (joeh, )
April 18, 2007 Filing 2 Summons Issued. (lao, )
April 17, 2007 Filing 1 COMPLAINT against all defendants (Filing fee $350.00 paid, Receipt#137238), filed by Sabine Schudel and Ramon Toledo, t/w Jury Demand.(lao, )(bar, ). (Additional attachment(s) added on 8/3/2020: #1 Converted From District) (bta).

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Defendant: Thomas Bibiyan
Represented By: Matthew A Becker
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Defendant: Searchguy.com Inc
Represented By: David Leon Speckman
Represented By: Geoffrey C. Brethen
Represented By: Kenneth L Perkins, Jr
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Defendant: Lenny Rachitsky
Represented By: Matthew A Becker
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Defendant: Derek Leviton
Represented By: Matthew A Becker
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Defendant: Florence equity LLC
Represented By: Matthew A Becker
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Defendant: Tabmeta Inc
Represented By: Matthew A Becker
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Defendant: Internetplays.com LLC
Represented By: Matthew A Becker
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Defendant: Rotund Entertainment LLC
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Defendant: Roughneck Holdings Inc
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Defendant: Local Pacific LLC
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Defendant: Daniel Cupp
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Defendant: Does 1-50
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Defendant: Shaggymedia
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Defendant: Searchguy Mobile
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Plaintiff: Sabine Schudel
Represented By: David Leon Speckman
Represented By: Geoffrey C. Brethen
Represented By: Kenneth L Perkins, Jr
Represented By: Donald Paul Tremblay
Represented By: Holly J Nolan
Represented By: Robert Robinson
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Plaintiff: Ramon Toledo
Represented By: David Leon Speckman
Represented By: Geoffrey C. Brethen
Represented By: Kenneth L Perkins, Jr
Represented By: Donald Paul Tremblay
Represented By: Kenneth C Noorigian
Represented By: Michael Thomas Lane
Represented By: Robert Robinson
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Petitioner: Malgorzata Duszak
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