Albergo v. Cuxhaven Holdings, LTD et al
Plaintiff: Robert Albergo
Defendant: Sam Miceli, Shea Vaughn, BMA Securities, Magnolia Funding & Consulting, LLC, Cuxhaven Holdings, LTD, Padmore Holdings, LTD., William Scott, Argyll Aviation, LLC, Titus Capital, LLC, Nu Start B & R, LLC, Samuel Miceli, Samuel J. Miceli Trust, Sharon Vaughn, Burt Martin Arnold Securities, Inc., Pat Miceli, Melissa Miceli, Gregory S. Witz, Laura S. Witz, Magnolia Consulting & Funding, LLC and Joseph M. Salvani
Case Number: 3:2011cv01787
Filed: August 6, 2011
Court: US District Court for the Southern District of California
Office: San Diego Office
County: XX US, Outside State
Presiding Judge: Mitchell D Dembin
Referring Judge: Dana M Sabraw
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 pd Diversity-Property Damage
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on August 29, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 29, 2012 Filing 114 JUDGMENT. It is hereby ordered and adjudged that Plaintiff's motion for default judgment is granted. Plaintiff Robert Albergo is awarded the sum of $775,000 jointly and severally, against Defendants Padmore Holdings, Ltd., Magnolia Funding & Consulting, LLC aka Magnolia Consulting & Funding, LLC (Magnolia) and Nu Start B&R, LLC; however, the principal amount of damages recoverable against Magnolia is limited to $227,500. Plaintiff is further awarded jointly and severally against Defendants $350 in costs plus prejudgment interest from August 6, 2011 through the date of entry of this Judgment. Any amount collected by Plaintiff of the $775,000 in damages awarded by the judgment entered in Albergo v. Immunosyn Corp. et al., case no. 09cv2653 DMS (MDD), shall be credited against the amount due Plaintiff pursuant to this Judgment. (aef) (av1).
August 28, 2012 Opinion or Order Filing 113 ORDER granting #109 Plaintiff's Motion for Default Judgment. Plaintiff Robert Albergo is awarded the sum of $775,000 jointly and severally, against Defendants Padmore Holdings, Ltd., Magnolia Funding & Consulting, LLC aka Magnolia Consulting & Funding, LLC (Magnolia) and Nu Start B&R, LLC; however, the principal amount of damages recoverable against Magnolia is limited to $227,500. Plaintiff is further awarded jointly and severally against Defendants $350 in costs plus prejudgment interest from August 6, 2011 through the date of entry of judgment in this case. Any amount collected by Plaintiff of the $775,000 in damages awarded by the judgment entered in Albergo v. Immunosyn Corp., case no. 09cv2653 DMS (MDD), shall be credited against the amount due Plaintiff pursuant to this judgment. Signed by Judge Dana M. Sabraw on 8/28/2012. (aef)(av1).
August 17, 2012 Opinion or Order Filing 112 ORDER Re: Calendar (Re Doc. #109 ): Pending before the Court is Plaintiff's unopposed motion for default judgment. The motion is set for hearing on 8/24/2012, and is suitable for submission without oral argument pursuant to Local Civil Rule 7.1(d)(1). No appearances are required at this time. Signed by Judge Dana M. Sabraw on 8/17/2012. (mdc)
August 1, 2012 Filing 111 RESPONSE TO ORDER TO SHOW CAUSE by Robert Albergo re #110 Order to Show Cause,. (Tine, Andrew)(aef).
July 27, 2012 Opinion or Order Filing 110 ORDER TO SHOW CAUSE. Plaintiff is ordered to show cause why his motion for entry of default judgment should not be denied. Plaintiff shall comply with this order by filing and serving a response no later than August 3, 2012. Signed by Judge Dana M. Sabraw on 7/27/2012.(aef)(jrd)
July 24, 2012 Filing 109 MOTION for Default Judgment against Nu Start B&R, LLC, Padmore Holdings, Ltd., and Magnolia Funding & Consulting, LLC by Robert Albergo. (Tine, Andrew)(aef) Modified on 7/25/2012-no memorandum of points and authorities (aef).
July 24, 2012 Filing 108 NOTICE of Voluntary Dismissal by Robert Albergo of Cuxhaven Holdings, Ltd., Argyll Aviation, LLC, Titus Capital, LLC, Sam Miceli aka Samuel Miceli, and Samuel Miceli Trust (Tine, Andrew) (aef).
July 23, 2012 Opinion or Order Filing 107 ORDER denying without prejudice #102 , #103 , #104 Plaintiff's Motions for Default Judgments. Signed by Judge Dana M. Sabraw on 7/23/2012. (aef)
July 16, 2012 Opinion or Order Filing 106 ORDER Re: Calendar. The motions are set for hearing on Friday, July 20, 2012. They are suitable for submission without oral argument pursuant to Local Civil Rule 7.1(d)(1). Accordingly, no appearances are required at this time. Signed by Judge Dana M. Sabraw on 7/16/2012.(aef)(jrd)
June 12, 2012 Filing 104 MOTION for Default Judgment against Nu Start B & R, LLC by Robert Albergo. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Robert Albergo, #3 Affidavit Andrew J. Tine, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C)(Tine, Andrew)(aef).
June 12, 2012 Filing 103 MOTION for Default Judgment against Magnolia Consulting & Funding, LLC by Robert Albergo. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Robert Albergo, #3 Affidavit Andrew J. Tine, #4 Exhibit A to Tine Affidavit, #5 Exhibit B to Tine Affidavit, #6 Exhibit C to Tine Affidavit)(Tine, Andrew)(aef).
June 12, 2012 Filing 102 MOTION for Default Judgment against Padmore Holding, Ltd. by Robert Albergo. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Robert Albergo, #3 Affidavit Andrew J. Tine, #4 Exhibit A to Tine Affidavit, #5 Exhibit B to Tine Affidavit, #6 Exhibit C to Tine Affidavit)(Tine, Andrew) (aef).
June 11, 2012 Filing 105 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Telephonic Case Management Conference held on 6/11/2012. (CD# 6/11/2012 n/a). (Plaintiff Attorneys: Andrew Tine, Dean Janus).(no document attached) (atk) (jer).
June 7, 2012 Opinion or Order Filing 101 ORDER of Dismissal. Pursuant to Federal Rule of Civil Procedure 41(a)(2), the #99 Ex Parte Joint Motion for Dismissal with Prejudice of William Scott is granted. All claims asserted against this Defendant are dismissed with prejudice. Each party shall bear his own costs and fees. Signed by Judge Dana M. Sabraw on 6/7/2012. (All non-registered users served via U.S. Mail Service)(aef)(jrd)
June 6, 2012 Opinion or Order Filing 100 ORDER of Dismissal. Pursuant to Federal Rule of Civil Procedure 41(a)(2), the #98 Ex Parte Joint Motion for Dismissal with Prejudice of BMA Securities aka Burt Martin Arnold Securities, Inc. is granted. All claims asserted against this Defendant are dismissed with prejudice. Each party shall bear his or its own costs and fees. Signed by Judge Dana M. Sabraw on 6/6/2012. (All non-registered users served via U.S. Mail Service)(aef)(jrd)
June 6, 2012 Filing 99 Ex Parte MOTION to Dismiss Party (Joint Motion) William Scott by Robert Albergo. (Tine, Andrew)(aef).
June 6, 2012 Filing 98 Ex Parte MOTION to Dismiss Party BMA Securities by Robert Albergo. (Tine, Andrew)(aef).
May 3, 2012 Opinion or Order Filing 97 ORDER OF DISMISSAL. The Ex Parte Joint Motion for Dismissal #96 with Prejudice of Gregory S. Witz and Laura S. Witz is granted. All claims asserted against these two Defendants are dismissed with prejudice. Signed by Judge Dana M. Sabraw on 5/3/2012. (All non-registered users served via U.S. Mail Service)(aef)
May 3, 2012 Filing 96 Ex Parte MOTION to Dismiss Party Gregory and Laura Witz by Robert Albergo. (Tine, Andrew)(aef). Modified on 5/4/2012-missing memorandum of points and authorities (aef).
April 19, 2012 Opinion or Order Filing 95 ORDER setting Rule 26 compliance and Notice of Case Management Conference. On April 16, 2012, the Court held a telephonic Case Management Conference. (Telephonic Case Management Conference set for 6/11/2012 09:45 AM before Magistrate Judge Mitchell D. Dembin.) Signed by Magistrate Judge Mitchell D. Dembin on 4/19/12.(All non-registered users served via U.S. Mail Service)(lao)
April 16, 2012 Filing 94 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Case Management Conference held on 4/16/2012. Order to issue. (CD# 4/16/2012 n/a). (Plaintiff Attorney Andrew Tine, Dean Janis). (Defendant William Scott). (Defendant Attorney Ken Fitzgerald, Mark Hiraide). (atk)
March 23, 2012 Opinion or Order Filing 93 ORDER re: #92 Defendant Scott's Motion to Continue March 26, 2012 Case Management Conference. (Telephonic Case Management Conference continued to 4/16/2012 09:15 AM before Magistrate Judge Mitchell D. Dembin.) Signed by Magistrate Judge Mitchell D. Dembin on 3/23/12. (All non-registered users served via U.S. Mail Service)(lao)
March 22, 2012 Filing 92 Ex Parte MOTION for an Order to Continue Case Management Conference by William Scott. (nunc pro tunc to 3/19/12) (lao)
March 22, 2012 Filing 91 Notice of Document Discrepancies by Magistrate Judge Mitchell D. Dembin Accepting Document: Defendant William Scott's Ex Parte Motion for an Order to Continue CMC from William Scott. 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: 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)(lao)(jrd)
March 12, 2012 Opinion or Order Filing 90 ORDER scheduling Case Management Conference. (Telephonic Case Management Conference set for 3/26/2012 09:15 AM before Magistrate Judge Mitchell D. Dembin.) Signed by Magistrate Judge Mitchell D. Dembin on 3/12/12.(All non-registered users served via U.S. Mail Service)(lao)
March 8, 2012 Filing 89 CERTIFICATE OF SERVICE by Joseph M. Salvani re #88 Notice (Other) (Hart, Christopher) (lao).
March 7, 2012 Filing 88 NOTICE of entry of #87 Order of Dismissal by Joseph M. Salvani (Hart, Christopher) Modified on 3/8/2012 to reflect document title; emailed attny re no certificate of service attached (lao).
March 6, 2012 Opinion or Order Filing 87 ORDER of Dismissal re #86 Motion. Pursuant to Federal Rule of Civil Procedure 41(a)(2), the Ex Parte Joint Motion for Dismissal with Prejudice of Joseph M. Salvani is Granted. All claims asserted against Mr. Salvani are Dismissed with Prejudice. Signed by Judge Dana M. Sabraw on 3/6/12. (All non-registered users served via U.S. Mail Service)(lao)(jrd)
March 5, 2012 Filing 86 Joint MOTION to Dismiss Party , Joseph Salvani, by Robert Albergo. (Tine, Andrew) (lao).
March 1, 2012 Filing 85 Ex Parte Joint MOTION to Dismiss Party , Joseph M. Salvani, With Prejudice by Robert Albergo. (Tine, Andrew) text modified on 3/1/2012 to correct defendant name and add ex parte (lao).
February 3, 2012 Filing 84 Clerk's ENTRY OF DEFAULT as to Padmore Holdings, LTD, Cuxhaven Holdings, LTD, Argyll Aviation, LLC, Magnolia Funding & Consulting, LLC, Nu Start B & R, LLC. (All non-registered users served via U.S. Mail Service)(lao)
January 31, 2012 Filing 83 Request for entry of Default filed as MOTION for Default Judgment - Clerk against Padmore Holdings, Ltd., Cuxhaven Holdigns, Ltd., Argyll Aviation, LLC, Nu Start B&R, LLC, and Magnolia Funding & Consulting, LLC by Robert Albergo. (Attachments: #1 Declaration)(Tine, Andrew) Modified text on 1/31/2012 to reflect event type (lao).
January 30, 2012 Filing 82 ANSWER to #1 Complaint with Jury Demand by William Scott.(lao)
January 27, 2012 Filing 81 CERTIFICATE OF SERVICE by Joseph M. Salvani of Notice of Motion and Motion of Defendant Joseph M. Salvani to Dismiss Pursuant to FRCP 12(b), (c), and (h); Memorandum of Points and Authorities in Support; Declaration of Joseph M. Salvani in Support and Proposed Order Granting Motion to Dismiss (Hart, Christopher) emailed attny re wrong s/signature (lao).
January 27, 2012 Filing 80 MOTION to Dismiss : Notice of Motion and Motion of Joseph M. Salvani to Dismiss (Pursuant to FRCP 12(b), (c) and (h) by Joseph M. Salvani. (Attachments: #1 Memo of Points and Authorities in Support of Joseph M. Salvani's Motion to Dismiss (Pursuant to FRCP 12(b), (c) and (h)), #2 Declaration of Joseph M. Salvani in Support of Motion to Dismiss)(Hart, Christopher) (lao).
January 24, 2012 Filing 79 CERTIFICATE OF SERVICE by BMA Securities re #78 Answer to Complaint (Hiraide, Mark) (lao).
January 24, 2012 Filing 78 ANSWER to #1 Complaint by BMA Securities.(Hiraide, Mark) (lao).
January 10, 2012 Opinion or Order Filing 77 ORDER denying #47 Defendant BMA Securities, Inc.'s Motion to Dismiss. Signed by Judge Dana M. Sabraw on 1/10/12. (All non-registered users served via U.S. Mail Service)(lao)
January 5, 2012 Opinion or Order Filing 76 ORDER Re: Calendar. Pending before the Court is Defendant BMA Securities, Inc.'s motions to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The motion is set for hearing on Friday, January 6, 2012. It is suitable for submission without oral argument pursuant to Local Civil Rule 7.1(d)(1). Accordingly, no appearances are required at this time. Signed by Judge Dana M. Sabraw on 1/3/12.(All non-registered users served via U.S. Mail Service)(lao)
December 29, 2011 Opinion or Order Filing 75 ORDER Vacating Early Neutral Evaluation Conference: On 12/27/2011, Defendant Scott filed an Ex Parte Motion, inter alia, to Continue ENE Scheduled for 1/23/2012. (Doc. #73 ). Based upon a review of the docket, the currently scheduled Early Neutral Evaluation Conference will be vacated. The docket shows that not all defendants have answered the complaint. The Court will reschedule an Early Neutral Evaluation when it appears the pleadings have been settled. Signed by Magistrate Judge Mitchell D. Dembin on 12/29/2011. (All non-registered users served via U.S. Mail Service.) (mdc)
December 27, 2011 Opinion or Order Filing 74 ORDER granting #73 Defendant William Scott's Ex Parte Application for Extension of Time to Respond to Complaint. William Scott's answer due 1/30/2012. Signed by Judge Dana M. Sabraw on 12/27/2011. (All non-registered users served via U.S. Mail Service)(mtb)(jrd)
December 27, 2011 Filing 73 EX PARTE MOTION for Extension of Time to File Answer and to Continue Early Neutral Evaluation Conference by William Scott. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service)(mtb)
December 23, 2011 Filing 72 RESPONSE in Opposition re #47 MOTION to Dismiss Party filed by Robert Albergo. (Tine, Andrew) (mdc)
December 22, 2011 Filing 71 Notice of Document Discrepancies by Judge Dana M. Sabraw Rejecting Document: Ex-Parte Motion from William Scott. Non-compliance with local rule(s), OTHER: No proof of service. (Fed.R.Civ.Proc.5) Substitution not yet effective: (See Order filed 12/20/11). 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.(lao)
December 22, 2011 Filing 70 DECLARATION of Erwin J. Shustak, Esq. Confirming Compliance with Court Order Granting Defendant William Scott's Request For Substitution of Counsel by Defendant William Scott. (Attachments: #1 Proof of Service)(Shustak, Erwin) (lao).
December 22, 2011 Filing 69 NOTICE by William Scott of Address and Telephone Number of Defendant William Scott (Attachments: #1 Proof of Service)(Shustak, Erwin) (lao).
December 20, 2011 Opinion or Order Filing 68 ORDER granting #67 Defendant William Scott's request for substitution of counsel. Erwin Jay Shustak, Esq. shall forthwith serve a copy of this order on William Scott and file a declaration showing compliance no later than December 23, 2011. No later than December 23, 2011, Mr. Shustak shall file Mr. Scott's complete and current address and telephone number for inclusion on the docket. Signed by Judge Dana M. Sabraw on 12/19/11. (lao)
December 19, 2011 Filing 67 MOTION to Substitute Attorney by William Scott. (Attachments: #1 Proof of Service)(Shustak, Erwin) missing s/signature (lao).
December 15, 2011 Opinion or Order Filing 66 ORDER denying Defendant William Scott's Motions to Dismiss under rule 12(b)(1) and (6) and for Rule 11 sanctions re #52 , #53 . Signed by Judge Dana M. Sabraw on 12/15/11. (lao)
November 29, 2011 Opinion or Order Filing 65 ORDER re: Calendar. Motions to Dismiss #52 and for Sanctions #53 set for hearing on Friday, December 2, 2011. The matters are suitable for submission without oral argument. No appearances are required at this time. Signed by Judge Dana M. Sabraw on 11/29/11.(cge)(jrd)
November 23, 2011 Filing 64 REPLY to Response to Motion re #53 MOTION for Sanctions Under Rule 11 filed by William Scott. (Attachments: #1 Proof of Service)(Hill, Robert) (ecs).
November 23, 2011 Filing 63 REPLY to Response to Motion re #52 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and For Failure to State a Claim Pursuant to FRCP 12(b)(6) MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and For Failure to State a Claim Pursuant to FRCP 12(b)(6) filed by William Scott. (Attachments: #1 Declaration, #2 Proof of Service)(Hill, Robert) (ecs).
November 21, 2011 Filing 62 CERTIFICATE OF SERVICE by Joseph M. Salvani re #61 Answer to Complaint (Hart, Christopher) emailed attny re s/signature (lao).
November 18, 2011 Filing 61 ANSWER to #1 Complaint, with Jury Demand by Joseph M. Salvani.(Hart, Christopher) emailed attny re certificate of service (lao).
November 15, 2011 Filing 60 RESPONSE in Opposition re #53 MOTION for Sanctions Under Rule 11 filed by Robert Albergo. (Attachments: #1 Declaration)(Tine, Andrew) (lao).
November 15, 2011 Filing 59 RESPONSE in Opposition re #52 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and For Failure to State a Claim Pursuant to FRCP 12(b)(6) filed by Robert Albergo. (Attachments: #1 Exhibit 1 (Gift Letters), #2 Exhibit 2 (Declaration of Andrew J. Tine), #3 Exhibit A to Declaration of Andrew J. Tine, #4 Exhibit B to Declaration of Andrew J. Tine, #5 Exhibit C t Declaration of Andrew J. Tine, #6 Exhibit 3 (Declaration of Robert Albergo))(Tine, Andrew) Modified on 11/16/2011 to delete duplicate text (lao).
November 7, 2011 Opinion or Order Filing 58 ORDER granting #57 Joint Motion for Extension of Time to Respond to Complaint. Joseph M. Salvani answer due 11/18/2011. Signed by Judge Dana M. Sabraw on 11/7/11. (lao)
November 7, 2011 Filing 57 Third Joint MOTION for Extension of Time to Respond to #1 Complaint, by Joseph M. Salvani. (Attachments: #1 Declaration of Christopher H. Hart)(Carlson, Michael) Modified motion type on 11/7/2011 (lao). missing joint s/signature (lao).
November 1, 2011 Opinion or Order Filing 56 ORDER rescheduling Early Neutral Evaluation Conference re #55 Motion. The Early Neutral Evaluation set for 11/10/11 is Vacated. (Early Neutral Evaluation set for 1/23/2012 09:30 AM in chambers before Magistrate Judge Mitchell D. Dembin, located at 101 W. Broadway, Suite 1100, San Diego, California, 92101.) Signed by Magistrate Judge Mitchell D. Dembin on 11/1/11. (lao)
October 31, 2011 Filing 55 Ex Parte MOTION to Continue ENE Scheduled for November 10, 2011 by Robert Albergo. (Tine, Andrew) (lao).
October 25, 2011 Opinion or Order Filing 54 ORDER granting #51 Joint Motion for Extension of Time to Respond to Complaint. Joseph M. Salvani answer due 11/4/2011. Signed by Judge Dana M. Sabraw on 10/25/11. (lao)(jrd)
October 25, 2011 Filing 53 MOTION for Sanctions Under Rule 11 by William Scott. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Declaration, #4 Proof of Service)(Hill, Robert) (lao).
October 21, 2011 Filing 52 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and For Failure to State a Claim Pursuant to FRCP 12(b)(6) by William Scott. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of William Scott, #3 Proof of Service)(Hill, Robert) (lao).
October 21, 2011 Filing 51 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Joseph M. Salvani. (Carlson, Michael) no certificate of service attached (lao).
October 13, 2011 Opinion or Order Filing 50 ORDER setting Early Neutral Evaluation Conference. (Early Neutral Evaluation set for 11/10/2011 09:30 AM in chambers before Magistrate Judge Mitchell D. Dembin.) Signed by Magistrate Judge Mitchell D. Dembin on 10/13/11. (All non-registered users served via U.S. Mail Service)(lao)(jrd)
October 12, 2011 Filing 49 CERTIFICATE OF SERVICE by BMA Securities re #47 MOTION to Dismiss Party (Hiraide, Mark) (lao).
October 12, 2011 Filing 48 NOTICE of Voluntary Dismissal by Robert Albergo of Pat Miceli, Melissa Miceli, and Shea Vaughn (Tine, Andrew) (lao).
October 11, 2011 Filing 47 MOTION to Dismiss Party by BMA Securities. (Attachments: #1 Memo of Points and Authorities)(Hiraide, Mark) emailed attny re certificate of service (lao).
September 29, 2011 Opinion or Order Filing 46 ORDER granting Joint Motion for an Order extending time for Defendant Shea Vaughn, aka Sharon Vaughn to Respond to the Complaint re #45 . Shea Vaughn answer due 10/19/2011. The Court denies as moot Defendant Vaughn's previously filed Motion to Extend Time to Respond to Complaint #41 . Signed by Judge Dana M. Sabraw on 9/29/11. (All non-registered users served via U.S. Mail Service)(lao)
September 27, 2011 Filing 45 Joint MOTION for Extension of Time to File Response to Complaint by Shea Vaughn. (Attachments: #1 Proof of Service)(Hill, Robert) (lao).
September 23, 2011 Filing 44 ANSWER to #1 Complaint, with Jury Demand by Gregory S. Witz, Laura S. Witz. (Attachments: #1 Proof of Service)(Fitzgerald, Kenneth) (lao).
September 22, 2011 Opinion or Order Filing 43 ORDER extending time to Respond to Complaint for Defendant Joseph M. Salvani re #42 Motion. Answer due 10/21/2011. Signed by Judge Dana M. Sabraw on 9/22/11. (All non-registered users served via U.S. Mail Service)(lao)
September 21, 2011 Filing 42 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Joseph M. Salvani. (Carlson, Michael) no certificate of service attached (lao).
September 20, 2011 Filing 38 Request for Entry of Clerk Default against Padmore Holdings, Ltd. (Tine, Andrew) (Clerk's Default not entered; no Affidavit attached) (lao).
September 19, 2011 Opinion or Order Filing 39 ORDER Extending Time for Defendant BMA Securities aka Burt Martin Arnold Securities, Inc. to file a Response to Complaint pursuant to Stipulation of the parties re Doc. #33 Motion for Extension of Time to Answer. Defendant's responsive pleading is due on 10/8/2011. Signed by Judge Dana M. Sabraw on 9/19/2011. (All non-registered users served via U.S. Mail Service)(aef) Modified on 9/20/2011 - Per chambers docket as is (aef)(jrd)
September 19, 2011 Filing 37 Request for Entry of Clerk Default against Nu Start B&R, LLC. (Tine, Andrew) (Clerk's Default not entered; no Affidavit attached) (lao).
September 19, 2011 Filing 36 Request for Entry of Clerk Default against Magnolia Funding & Consulting, LLC. (Tine, Andrew) (Clerk's Default not entered; no Affidavit attached) (lao).
September 19, 2011 Filing 35 Request for Entry of Clerk Default against Argyll Aviation, LLC. (Tine, Andrew) (Clerk's Default not entered; no Affidavit attached)(lao).
September 19, 2011 Filing 34 Request for Entry of Clerk Default against Cuxhaven Holdings, Ltd. (Tine, Andrew) (Clerk's Default not entered; no Affidavit attached) (lao).
September 16, 2011 Filing 41 MOTION for Extension of Time to Respond to Complaint by Shea Vaughn. NUNC PRO TUNC 9/15/2011. (aef)
September 16, 2011 Opinion or Order Filing 40 Notice of Document Discrepancies by Judge Dana M. Sabraw Accepting Document: Motion to Extend Time to Respond to Complaint from Shea Vaughn. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by Judge Dana M. Sabraw on 9/16/2011. (All non-registered users served via U.S. Mail Service)(aef)
September 16, 2011 Filing 33 Joint MOTION for Extension of Time to File Answer (Stipulation) by BMA Securities. (Hiraide, Mark) (aef). Modified on 9/19/2011-QC email sent to atty re document not signed; incorrect Judge's initials (aef).
September 15, 2011 Filing 32 NOTICE of Appearance by Shea Vaughn aka Sharon Vaughn (pro se). (Attachments: #1 Proof of Service)(lao)
September 15, 2011 Opinion or Order Filing 31 ORDER extending time to respond to complaint for Defendants Gregory Witz and Laura Witz re #28 Motion. Answer due 9/23/2011. Signed by Judge Dana M. Sabraw on 9/15/11. (lao)(jrd)
September 14, 2011 Opinion or Order Filing 30 ORDER granting #26 Joint Motion for an Order extending time for Defendants William Scott, Pat Miceli, and Melissa Miceli to Respond to Complaint [CivLR 12.1]. Answer due 10/19/2011. Signed by Judge Dana M. Sabraw on 9/14/11. (lao)
September 12, 2011 Filing 29 NOTICE of Change of Address by Dean Theodore Janis (Janis, Dean) emailed attny to update telephone number under cm/ecf account (lao).
September 12, 2011 Filing 28 Joint MOTION for Extension of Time to File Answer to Complaint by Gregory S. Witz, Laura S. Witz. (Attachments: #1 Proof of Service)(Fitzgerald, Kenneth) (lao).
September 12, 2011 Opinion or Order Filing 27 Notice of Document Discrepancies by Judge Dana M. Sabraw Rejecting Document: Letter from Magnolia Funding & Consulting, LLC. Non-compliance with local rule(s), OTHER: (Local Rule 83.9) Except as authorized by the judge, attorneys must not send copies to the judge of letters sent to others. 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. Signed by Judge Dana M. Sabraw on 9/8/2011.(aef)
September 12, 2011 Filing 26 Joint MOTION for Extension of Time to File Response to Complaint by Melissa Miceli, Pat Miceli, William Scott. (Attachments: #1 Proof of Service)(Hill, Robert) (lao).
September 1, 2011 Filing 24 AFFIDAVIT of Plaintiff's Counsel, and Status Report, regarding compliance with service and undertaking requirement of TRO and Preliminary Injunction by Plaintiff Robert Albergo. (Attachments: #1 Exhibit A)(Janis, Dean) Modified text on 9/2/2011 to reflect document title (lao).
September 1, 2011 Filing 23 CERTIFICATE OF SERVICE for Preliminary Injunction served on BMA Securities on 8/30/11, filed by Robert Albergo. (Janis, Dean) Modified on 9/2/2011 to reflect document type (lao).
September 1, 2011 Filing 21 AFFIDAVIT of Andrew J. Tine as to Service of Preliminary Injunction (Docket Entry #5 and #8 ) on First Southwest Company, Agryll Aviation, LLC, Cuxhaven Holdings, Ltd, Nu Start B&R, LLC, Shea Vaughn aka Sharon Vaughn, Pat Miceli, Melissa Miceli, Magnolia Funding & Consulting, LLC aka Magnolia Consulting & Funding, LLC and Joseph M. Salvani filed by Robert Albergo. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Tine, Andrew) Modified text on 9/2/2011 to reflect document title; no certificate of service attached (lao).
August 31, 2011 Filing 25 PRO HAC VICE APPOINTED: Andrew J Tine appearing for Plaintiff Robert Albergo (ag)
August 31, 2011 Filing 22 NOTICE of Undertaking for Writ of Attachment by Robert Albergo. (lao)
August 31, 2011 Filing 20 CERTIFICATE OF SERVICE for Preliminary Injunction served on William Scott on 8/30/11, filed by Robert Albergo. (Janis, Dean) Modified text on 9/1/2011 to reflect document type (lao).
August 31, 2011 Filing 19 CERTIFICATE OF SERVICE for Preliminary Injunction served on Laura Witz on 8/30/11, filed by Robert Albergo. (Janis, Dean) Modified text on 9/1/2011 to reflect document type (lao).
August 31, 2011 Filing 18 CERTIFICATE OF SERVICE for Preliminary Injunction served on Gregory Witz on 8/30/11, filed by Robert Albergo. (Janis, Dean) Modified on 9/1/2011 to reflect document type (lao).
August 31, 2011 Filing 17 AFFIDAVIT of Andrew J. Tine in support of service for Summons not previously filed with Docket Entry #7 served on Defendants Cuxhaven Holdings, Padmore Holdings, Argyll Aviation, Nu Start B&R, and Magnolia Consulting, filed by Robert Albergo. (Attachments: #1 Exhibit Summons on Cuxhaven, #2 Exhibit Summons on Padmore, #3 Exhibit Summons on Magnolia, #4 Exhibit Summons on Nu Start, #5 Exhibit Summons on Argyll Aviation)(Tine, Andrew) Modified on 9/1/2011 to clarify text; no certificate of service attached (lao).
August 31, 2011 Filing 16 SUMMONS Returned Executed by Robert Albergo. Joseph M. Salvani served on 8/31/2011, answer due 9/21/2011. (Attachments: #1 Proof of Service Served with Summons, Complaint and TRO at alternative address)(Tine, Andrew) (lao).
August 31, 2011 Filing 15 SUMMONS Returned Executed by Robert Albergo. Pat Miceli served on 8/24/2011, answer due 9/14/2011. (Tine, Andrew) (lao).
August 31, 2011 Filing 14 SUMMONS Returned Executed by Robert Albergo. Melissa Miceli served on 8/24/2011, answer due 9/14/2011. (Tine, Andrew) (lao).
August 31, 2011 Filing 13 Supplemental DECLARATION of Andrew J. Tine re #8 Preliminary Injunction by Plaintiff Robert Albergo. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Tine, Andrew) Modified on 9/1/2011 to clarify text; supplemental documents require leave of Court; missing cover page/table of contents for exhibits (lao).
August 30, 2011 Filing 12 SUMMONS Returned Executed by Robert Albergo. Laura S. Witz served on 8/24/2011, answer due 9/14/2011. (Janis, Dean) wrong judges initials in caption (lao).
August 30, 2011 Filing 11 SUMMONS Returned Executed by Robert Albergo. Gregory S. Witz served on 8/24/2011, answer due 9/14/2011. (Janis, Dean) wrong judges initials in caption (lao).
August 29, 2011 Filing 10 SUMMONS Returned Executed by Robert Albergo. BMA Securities served on 8/24/2011, answer due 9/14/2011. (Janis, Dean) wrong judges initials in caption (lao).
August 29, 2011 Filing 9 SUMMONS Returned Executed by Robert Albergo. William Scott served on 8/25/2011, answer due 9/15/2011. (Janis, Dean) wrong judges initials in caption (lao).
August 29, 2011 Opinion or Order Filing 8 PRELIMINARY INJUNCTION. Defendants Sam Miceli, Nu Start B&R, LLC, Magnolia Consulting & Funding, LLC,Padmore Holdings, Ltd., Cuxhaven Holdings, Ltd., William Scott, and Joseph M. Salvani, and nonparty First Southwest Company are Preliminarily enjoined and restrained from further transferring or disposing of any stock in Immunosyn Corporation received from James T. Miceli, Douglas A. McClain, Sr., Douglas A. McClain, Jr., Cuxhaven Holdings, Ltd., Padmore Holdings, Ltd., Argyll Equities, LLC and/or Argyll Biotechnologies, LLC or the proceeds from the sale of said stock to the extent of $775,000.00. Plaintiff shall forthwith serve this Preliminary Injunction on Defendants and First Southwest Company, and file a proof of service no later than September 1, 2011. No later than September 1, 2011, Plaintiff shall file proof of timely posting a bond as required by the August 23, 2011 Order. The hearing set on this Court's calendar for August 30, 2011 at 1:30 p.m. regarding the preliminary injunction is Vacated. Signed by Judge Dana M. Sabraw on 8/29/11.(lao)
August 29, 2011 Filing 7 SUMMONS Returned Executed by Robert Albergo. Argyll Aviation, LLC served on 8/26/2011, answer due 9/16/2011. Cuxhaven Holdings, LTD served on 8/26/2011, answer due 9/16/2011. Magnolia Funding & Consulting, LLC served on 8/26/2011, answer due 9/16/2011. Nu Start B & R, LLC served on 8/26/2011, answer due 9/16/2011. Padmore Holdings, LTD. served on 8/27/2011, answer due 9/19/2011. (Attachments: #1 Exhibit A - Magnolia, #2 Exhibit B - Nu Start, #3 Exhibit C - Argyll Aviation, #4 Exhibit D - Padmore, #5 Exhibit E - Cuxhaven)(Tine, Andrew) Modified text on 8/30/2011 to reflect defendants served (lao).
August 25, 2011 Filing 6 AFFIDAVIT of Service for Summons, Complaint and TRO served on Shea Vaughn on 8/25/11, filed by Robert Albergo. (Attachments: #1 Exhibit A, B, and C)(Tine, Andrew)(leh).
August 23, 2011 Opinion or Order Filing 5 ORDER granting #3 Plaintiff's Ex Parte Application for a Temporary Restraining Order. Defendants Sam Miceli, Nu Start B&R, LLC, Magnolia Consulting & Funding, LLC, Padmore Holdings, Ltd., Cuxhaven Holdings, Ltd., William Scott, and Joseph M. Salvani, and non-party First Southwest Company are restrained from further transferring or disposing of the stock received from the Debtors or the proceeds from the sale of said stock to the extent of $775,000.00. Defendants subject to this TRO are ordered to show cause why a preliminary injunction should not be issued on the same terms as the TRO for the duration of this case, by filing no later than noon on August 26, 2011 a memorandum of points and authorities not to exceed 25 pages in length together with supporting evidence, if any. (Order to Show Cause Hearing set for 8/30/2011 01:30 PM in Courtroom 10 before Judge Dana M. Sabraw.) Plaintiffs shall serve a copy of this Order upon all Defendants. Signed by Judge Dana M. Sabraw on 8/23/11. (lao)
August 17, 2011 Opinion or Order Filing 4 ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Dana M. Sabraw and Magistrate Judge Mitchell D. Dembin for all further proceedings. Judge Jeffrey T. Miller, Magistrate Judge Ruben B. Brooks no longer assigned to case.Create association to 3:09-cv-02653-DMS -MDD. The new case number is 11cv1787-DMS(MDD). Signed by Judge Dana M. Sabraw on 8/16/11. Signed by Judge Jeffrey T. Miller on 8/17/11. (lao)(jrd)
August 11, 2011 Filing 3 Ex Parte MOTION for Temporary Restraining Order by Robert Albergo. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17)(Tine, Andrew).(jah).
August 11, 2011 Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (yeb) (av1).
August 6, 2011 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0974-3836496.), filed by Robert Albergo.The new case number is 3:11-cv-1787-JM-RBB. Judge Jeffrey T. Miller and Magistrate Judge Ruben B. Brooks are assigned to the case. (Tine, Andrew)(yeb) (av1).

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Search for this case: Albergo v. Cuxhaven Holdings, LTD et al
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Defendant: Sam Miceli
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Defendant: Shea Vaughn
Represented By: Robert L. Hill
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Defendant: BMA Securities
Represented By: Mark T. Hiraide
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Defendant: Magnolia Funding & Consulting, LLC
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Defendant: Cuxhaven Holdings, LTD
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Defendant: Padmore Holdings, LTD.
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Defendant: William Scott
Represented By: Erwin J. Shustak
Represented By: Robert L. Hill
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Defendant: Argyll Aviation, LLC
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Defendant: Titus Capital, LLC
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Defendant: Nu Start B & R, LLC
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Defendant: Samuel Miceli
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Defendant: Samuel J. Miceli Trust
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Defendant: Sharon Vaughn
Represented By: Robert L. Hill
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Defendant: Burt Martin Arnold Securities, Inc.
Represented By: Mark T. Hiraide
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Defendant: Pat Miceli
Represented By: Robert L. Hill
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Defendant: Melissa Miceli
Represented By: Robert L. Hill
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Defendant: Gregory S. Witz
Represented By: Kenneth M. Fitzgerald
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Defendant: Laura S. Witz
Represented By: Kenneth M. Fitzgerald
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Defendant: Magnolia Consulting & Funding, LLC
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Defendant: Joseph M. Salvani
Represented By: Christopher Holly Hart
Represented By: Michael Morris Carlson
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Plaintiff: Robert Albergo
Represented By: Andrew J. Tine
Represented By: Dean Theodore Janis
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