Campos et al v. Failla et al
Edward Campos, Brian Blatz and Scott Noll |
Michael Failla, Robert Moberg, Integrated Practice Solutions, Inc. a Washington corporation doing business as Chirotouch, Integrated Practice Solutions, Inc. a Delaware corporation doing business as Chirotouch, Higgs, Fletcher & Mack, LLP, R. Michael Jones, Clean Conversion Technologies, Inc. and Does 1 through 25 |
3:2015cv00790 |
April 9, 2015 |
US District Court for the Southern District of California |
San Diego Office |
San Diego |
Cynthia Bashant |
Jill L Burkhardt |
Racketeer/Corrupt Organization |
18 U.S.C. § 1962 |
Plaintiff |
Docket Report
This docket was last retrieved on April 20, 2016. A more recent docket listing may be available from PACER.
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Filing 50 NOTICE of Voluntary Dismissal by Brian Blatz, Edward Campos, Scott Noll (Attachments: #1 Certificate of Service)(Michaels, Jonathan). Modified on 4/21/2016 - Case already closed per 3/30/2016 Order #49 (jah). |
Filing 49 ORDER granting #36 Motion to Dismiss for Failure to State a Claim; granting #15 Motion to Dismiss for Failure to State a Claim; granting #19 Motion to Dismiss for Failure to State a Claim; granting #21 Motion to Dismiss. Court grants Dfts' Motions to Dismiss with leave to amend. Court dismisses Plaintiffs' civil RICO claim under 18 USC 1964(c)-(d). The scope of leave to file an amended complaint is limited to amending only the civil RICO claim to allege additional facts that cure the defects identified in this Order. Plaintiffs may not plead additional claims, add additional parties, or add allegations that are not intended to cure the specific defects Court has noted. If Plaintiffs choose to file an amended complaint, they must do so by 4/20/2016. Signed by Judge Cynthia Bashant on 3/30/2016. (jah) (sjt). |
Filing 48 NOTICE of Change of Address by Paul Anthony Reynolds (Attachments: #1 Proof of Service)(Reynolds, Paul). (jah). |
Filing 47 REPLY to Response to Motion re #36 MOTION to Dismiss for Failure to State a Claim filed by Clean Conversion Technologies, Inc., Michael Failla. (Attachments: #1 Proof of Service)(Reynolds, Paul). (jah). |
Filing 46 REPLY to Response to Motion re #19 MOTION to Dismiss for Failure to State a Claim as to First, Second, Fifth and Seventh Causes of Action filed by Integrated Practice Solutions, Inc.(a Delaware corporation), Integrated Practice Solutions, Inc.(a Washington corporation). (Attachments: #1 Proof of Service)(Huron, Jeffrey). (jah). |
Filing 45 NOTICE OF WITHDRAWAL OF DOCUMENT by Robert Moberg re #42 Response in Support of Motion filed by Robert Moberg. (Attachments: #1 Proof of Service)(Semerdjian, Dick). (jah). |
Filing 44 REPLY to Response to Motion re #21 MOTION to Dismiss First, Second, Fifth, and Seventh Claims in Plaintiff's Complaint filed by Robert Moberg. (Attachments: #1 Proof of Service)(Semerdjian, Dick). (jah). |
Filing 43 REPLY to Response to Motion re #15 MOTION to Dismiss for Failure to State a Claim as to First, Second, Third and Fourth Causes of Action filed by Higgs, Fletcher & Mack, LLP, R. Michael Jones. (Butz, Douglas). (jah). |
Filing 42 WITHDRAWN BY FILER ON 8/17/2015 PER NOTICE OF WITHDRAWAL OF DOCUMENT #45 - RESPONSE in Support re #21 MOTION to Dismiss First, Second, Fifth, and Seventh Claims in Plaintiff's Complaint filed by Robert Moberg. (Attachments: #1 Proof of Service)(Semerdjian, Dick). Modified on 8/18/2015 - Edited to reflect as withdrawn (jah). |
Filing 41 PRO HAC APPROVED: Ryan Patrick McBride appearing for Defendants Clean Conversion Technologies, Inc., Michael Failla. (no document attached) (vam) |
Filing 40 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8328938.) (Application to be reviewed by Clerk.) (McBride, Ryan) |
Filing 39 RESPONSE in Opposition re #19 MOTION to Dismiss for Failure to State a Claim as to First, Second, Fifth and Seventh Causes of Action filed by Brian Blatz, Edward Campos, Scott Noll. (Attachments: #1 Certificate of Service)(Michaels, Jonathan). (jah). |
Filing 38 REPLY to Response to Motion re #36 MOTION to Dismiss for Failure to State a Claim filed by Brian Blatz, Edward Campos, Scott Noll. (Attachments: #1 Certificate of Service)(Michaels, Jonathan). (jah). |
Filing 37 RESPONSE in Opposition re #15 MOTION to Dismiss for Failure to State a Claim as to First, Second, Third and Fourth Causes of Action filed by Brian Blatz, Edward Campos, Scott Noll. (Attachments: #1 Certificate of Service)(Michaels, Jonathan). (jah). |
Filing 36 MOTION to Dismiss for Failure to State a Claim by Clean Conversion Technologies, Inc., Michael Failla. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit A, #3 Proof of Service)(Reynolds, Paul). Modified on 7/14/2015 - Edited attachment description (jah). |
Filing 35 Notice of Document Discrepancies and Order Thereon by the Chambers of Judge Cynthia Bashant Rejecting re #34 MOTION to Dismiss for Failure to State a Claim, from Defendants Clean Conversion Technologies, Inc., Michael Failla. Non-compliance with local rule(s), Failure to comply with Rule 4(A) of Court's Standing Order for Civil Cases. Parties must: 1) choose any Monday between 30 and 60 days out from the filing date as the motion's hearing date; 2) indicate "NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT" in the caption of the motion; and 3) not include a hearing time. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. If the filing party requires leave to re-file the motion, Court grants leave to re-file the motion within 24 hours. (jah) (Additional attachment(s) added on 7/13/2015: #1 Rejected Document) (jah). (Additional attachment(s) added on 7/13/2015: #2 Rejected Document) (jah). (Additional attachment(s) added on 7/13/2015: #3 Rejected Document) (jah). (Additional attachment(s) added on 7/13/2015: #4 Rejected Document) (jah). |
Filing 34 ORDERED STRICKEN ON 7/13/2015 PER DISCREPANCY ORDER #35 - MOTION to Dismiss for Failure to State a Claim by Clean Conversion Technologies, Inc., Michael Failla. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A, # 3 Proof of Service)(Reynolds, Paul). (jah). (Main Document 34 replaced on 7/13/2015) (jah). Modified on 7/13/2015 - Motion and judge association termed. Images removed (jah). |
Filing 33 PRO HAC APPROVED: Taylor Washburn appearing for Defendants Clean Conversion Technologies, Inc., Michael Failla. (no document attached) (vam) |
Filing 32 PRO HAC APPROVED: Douglas Wesley Greene appearing for Defendants Clean Conversion Technologies, Inc., Michael Failla. (no document attached) (vam) |
Filing 31 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8231858.) (Application to be reviewed by Clerk.) (Greene, Douglas) |
Filing 30 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8231827.) (Application to be reviewed by Clerk.) (Greene, Douglas) |
Filing 29 NOTICE of Appearance by Paul Anthony Reynolds on behalf of Clean Conversion Technologies, Inc., Michael Failla (Attachments: #1 Proof of Service)(Reynolds, Paul)Attorney Paul Anthony Reynolds added to party Clean Conversion Technologies, Inc.(pty:dft), Attorney Paul Anthony Reynolds added to party Michael Failla(pty:dft) (dlg). |
Filing 28 ORDER granting #27 Joint Motion to Continue Deadlines and Hearing Date re #15 Motion to Dismiss for Failure to State a Claim as to First, Second, Third and Fourth Causes of Action, #19 Motion to Dismiss for Failure to State a Claim as to First, Second, Fifth and Seventh Cause of Action, and #21 Motion to Dismiss First, Second, Fifth and Seventh Claims in Plaintiff's Complaint. Responses due by 8/10/2015. Replies due by 8/17/2015. If Court finds that a hearing will materially assist in reviewing the pending motions, an order will be issued setting motions for oral argument at least two weeks in advance. Signed by Judge Cynthia Bashant on 7/1/2015. (jah) |
Filing 27 Joint MOTION to Continue Hearing Date on Defendants' Motions to Dismiss and Extend Deadlines by Brian Blatz, Edward Campos, Scott Noll. (Attachments: #1 Declaration of Jonathan Michaels)(Michaels, Jonathan). (jah). |
Filing 26 NOTICE OF WITHDRAWAL OF DOCUMENT by Brian Blatz, Edward Campos, Scott Noll. (Michaels, Jonathan). (jah). |
Filing 25 WITHDRAWN BY FILER ON 6/30/2015 PER NOTICE OF WITHDRAWAL OF DOCUMENT #26 - Joint MOTION to Continue Hearing Date on Defendants' Motions to Dismiss and Extend Deadlines by Brian Blatz, Edward Campos, Scott Noll. (Attachments: #1 Declaration of Jonathan Michaels)(Michaels, Jonathan). Modified on 6/30/2015 - Missing signatures for opposing counsel. QC Email sent to withdraw entry and refile pdf that includes all required signatures. Edited attachment description(jah). Modified on 7/1/2015 -Edited to reflect as withdrawn (jah). |
Filing 24 ORDER Approving Pro Hac Vice as to Jeffrey Douglass. Signed by Judge Cynthia Bashant on 6/18/2015.(vam) |
Filing 23 Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Douglass, Jeffrey) (vam). |
Filing 22 CERTIFICATE OF SERVICE by Robert Moberg re #21 MOTION to Dismiss First, Second, Fifth, and Seventh Claims in Plaintiff's Complaint (Semerdjian, Dick). (jah). |
Filing 21 MOTION to Dismiss First, Second, Fifth and Seventh Claims in Plaintiff's Complaint by Robert Moberg. (Attachments: #1 Memo of Points and Authorities)(Semerdjian, Dick). Modified on 6/12/2015 - Proof of Service has s/ of staff. QC Email sent to file Corrected Proof of Service. Corrected motion event and edited text to match pleading (jah). |
Filing 20 NOTICE of Party With Financial Interest by Integrated Practice Solutions, Inc. (a Delaware corporation), Integrated Practice Solutions, Inc. (a Washington corporation). (Huron, Jeffrey). (jah). |
Filing 19 MOTION to Dismiss for Failure to State a Claim as to First, Second, Fifth and Seventh Causes of Action by Integrated Practice Solutions, Inc. (a Delaware corporation), Integrated Practice Solutions, Inc. (a Washington corporation). (Attachments: #1 Memo of Points and Authorities)(Huron, Jeffrey). (jah). |
Filing 18 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8153889.) (Application to be reviewed by Clerk.) (Douglass, Jeffrey) Modified on 6/12/2015-missing signature, must refile (vam). |
Filing 17 ORDER granting #16 Motion to Substitute Attorney. Court approves the substitution of Attorney Dick A Semerdjian for Robert Moberg in place of Attorney Edward C. Walton. Signed by Judge Cynthia Bashant on 6/10/2015. (jah) |
Filing 16 MOTION to Substitute Attorney by Robert Moberg (Semerdjian, Dick). Attorney Dick A Semerdjian added to party Robert Moberg (pty:dft). Modified on 6/10/2015 - Wrong event, should be Motion. Filed on form not used in this District. Proposed Order included. QC Email sent. Corrected entry (jah). |
Filing 15 MOTION to Dismiss for Failure to State a Claim as to First, Second, Third and Fourth Causes of Action by Higgs, Fletcher & Mack, LLP, R. Michael Jones. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Butz, Douglas). (jah). |
Filing 14 ORDER granting #13 Motion to Substitute Attorney. Court approves the substitution of Attorney Jeffrey G. Huron for Integrated Practice Solutions, Inc. (a Washington corporation) and Integrated Practice Solutions, Inc. (a Delaware corporation) on place of Attorney Edward C. Walton. Signed by Judge Cynthia Bashant on 6/1/2015. (jah) |
Filing 13 MOTION to Substitute Attorney by Integrated Practice Solutions, Inc. (a Delaware corporation), Integrated Practice Solutions, Inc. (a Washington corporation). (Huron, Jeffrey). Attorney Jeffrey G. Huron added to party Integrated Practice Solutions, Inc.(pty:dft), Attorney Jeffrey G. Huron added to party Integrated Practice Solutions, Inc.(pty:dft). (jah). |
Filing 12 ORDER granting #11 Joint Motion for Extension of Time to Answer to #1 Complaint. Integrated Practice Solutions, Inc. (a Delaware corporation) answer due 6/11/2015; Integrated Practice Solutions, Inc. (a Washington corporation) answer due 6/11/2015; Robert Moberg answer due 6/11/2015. Signed by Judge Cynthia Bashant on 5/19/2015. (jah) |
Filing 11 Joint MOTION for Extension of Time to File Answer to Complaint by Integrated Practice Solutions, Inc., Integrated Practice Solutions, Inc., Robert Moberg. (Attachments: #1 Proof of Service)(Walton, Edward). Modified on 5/19/2015 - Wrong motion event. Corrected entry (jah). |
Filing 10 ORDER granting #8 Joint Motion for Extension of Time to Answer re #1 Complaint. Dfts Higgs, Fletcher & Mack, LLP and R. Michael Jones shall answer to the Complaint by 6/1/2015. Signed by Judge Cynthia Bashant on 5/12/2015. (jah) |
Filing 9 NOTICE of Appearance by Douglas M Butz on behalf of R. Michael Jones (Butz, Douglas). Attorney Douglas M Butz added to party R. Michael Jones (pty:dft). Modified on 5/13/2015 - Includes appearance of Atty Lebow. QC Email sent for Atty Lebow to file appearance re General Order 550 and L.R. 83.3 (jah). |
Filing 8 Joint MOTION for Extension of Time to File Answer re #1 Complaint by Higgs, Fletcher & Mack, LLP. (Butz, Douglas). Modified on 5/12/2015 - Wrong motion event. Corrected event and added link to Complaint (jah). |
Filing 7 NOTICE of Party With Financial Interest by Higgs, Fletcher & Mack, LLP (Butz, Douglas). (jah). |
Filing 6 NOTICE of Appearance by Douglas M Butz on behalf of Higgs, Fletcher & Mack, LLP (Butz, Douglas). Attorney Douglas M Butz added to party Higgs, Fletcher & Mack, LLP (pty:dft). Modified on 5/12/2015 - Included appearance of Atty Bradley Lebow. QC Email sent for Atty Lebow to file own appearance Per L.R. 83.3 and General Order 550 (jah). |
Filing 5 ORDER granting #4 Joint Motion for Extension of Time to Answer re #1 Complaint. Defendants Integrated Practice Solutions, Inc. (a Delaware corporation), Integrated Practice Solutions, Inc. (a Washington corporation), and Robert Moberg shall answer to the Complaint by 5/22/2015. Signed by Judge Cynthia Bashant on 5/11/2015. (jah) |
Filing 4 Joint MOTION for Extension of Time to File Answer re #1 Complaint by Integrated Practice Solutions, Inc., Integrated Practice Solutions, Inc., Robert Moberg. (Attachments: #1 Proof of Service)(Walton, Edward). Attorney Edward C. Walton added to party Integrated Practice Solutions, Inc.(pty:dft), Attorney Edward C. Walton added to party Integrated Practice Solutions, Inc.(pty:dft), Attorney Edward C. Walton added to party Robert Moberg (pty:dft). Modified on 5/11/2015 - Wrong motion event. Corrected event and added link to Complaint (jah). |
Filing 3 NOTICE of Party With Financial Interest by Brian Blatz, Edward Campos, Scott Noll (Michaels, Jonathan). (jah). |
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. (acc)(jrd) |
Filing 1 COMPLAINT With Jury Demand Against All Defendants (Filing fee $ 400 receipt number 0974-7971916.), filed by Edward Campos, Brian Blatz, Scott Noll. (Attachments: #1 Cover Sheet)The new case number is 3:15-cv-00790-BAS-JLB. Judge Cynthia Bashant and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Michaels, Jonathan)(acc)(jrd) |
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