Melingonis v. Rapid Capital Funding L.L.C.
| Melingonis and Christopher Melingonis |
| Rapid Capital Funding L.L.C. and Merchant Worthy, Inc. |
| 3:2016cv00490 |
| February 24, 2016 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Karen S Crawford |
| William Q Hayes |
| Other Statutory Actions |
| 47 U.S.C. § 0227 FCC-Unsolicited Telephone Sales |
| Both |
Docket Report
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This docket was last retrieved on November 16, 2017. A more recent docket listing may be available from PACER.
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Filing 52
ORDER: Pursuant to the Stipulation (ECF No. #50 ) of the parties to dismiss this case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the entire case is dismissed with prejudice as to the named Plaintiff Christopher Melingonis, and without prejudice to the putative class alleged in the Complaint. Each party shall bear its own costs and attorneys' fees. Signed by Judge William Q. Hayes on 11/16/2017. (ajs) (jao).
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| Filing 51 NOTICE of Vacated Hearing: The parties filed a Joint Motion to Dismiss [Doc. No. 50] on 11/15/17. Accordingly, the Settlement Disposition Conference scheduled for 12/15/17 before Magistrate Judge Karen S. Crawford is VACATED. (no document attached) (lc2) |
| Filing 50 Joint MOTION to Dismiss by Christopher Melingonis. (Attachments: #1 Certificate of Service)(Lemieux, Kevin) (ajs). |
| Filing 49 NOTICE of Change of Hearing: Due to an unexpected conflict in the Court's calendar, the Settlement Disposition Conference set for 12/15/17 at 2:30 PM has been re-set for 12/15/17 at 11:30 AM before Magistrate Judge Karen S. Crawford. The parties should refer to this Court's prior Order [Doc. No. 48] in preparing for the hearing. It is so ORDERED.(no document attached) (lc2) |
| Filing 48 Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford: A Notice of Settlement was filed on 10/19/17 [Doc. No. 47]. Accordingly, a Settlement Disposition Conference has been set for 12/15/2017 at 2:30 PM before Magistrate Judge Karen S. Crawford. Plaintiff's counsel shall initiate the telephonic conference by calling Judge Crawford's chambers at the appointed time with all counsel on the line. The Court will vacate the conference if the parties file the appropriate dismissal papers before 12/15/2017. In light of the Notice, the dates set in the Court's 6/27/2017 Order Amending the Scheduling Order are hereby VACATED. It is so ORDERED. (no document attached) (lc2) |
| Filing 47 NOTICE of Settlement by Christopher Melingonis (Attachments: #1 certificate of Service)(Lemieux, Kevin) (ajs). |
| Filing 46 Minute Order for proceedings held before Magistrate Judge Karen S. Crawford:On June 26, 2107, this Court issued an Amended Scheduling Order in this case [Doc. No. 45.] Accordingly, the dates set in the Court's original Scheduling Order issued on August 16, 2016 [Doc. No. 17] are hereby VACATED. It is so ORDERED. (no document attached) (asm) |
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Filing 45
AMENDED SCHEDULING ORDER: A Status Conference was held on 6/22/2016. A motion for class certification shall be filed no later than 12/13/2017. The previously scheduled discovery deadlines imposed by this Court on 8/16/2016 (Dkt #17 ) are vacated. Signed by Magistrate Judge Karen S. Crawford on 6/27/2017. (mdc)
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| Filing 44 Minute Order for proceedings held before Magistrate Judge Karen S. Crawford:A Status Conference was held on 6/22/2017. Order to issue. (no document attached) (asm) |
| Filing 43 Rapid Capital Funding, LLC's Answer and Affirmative Defenses to Second Amended Class Action Complaint ANSWER to #41 Amended Complaint, by Rapid Capital Funding L.L.C..(Yashar, Pantea) |
| Filing 42 ANSWER to #41 Amended Complaint, by Merchant Worthy, Inc..(Thurman, Michael) |
| Filing 41 SECOND AMENDED COMPLAINT with Jury Demand against Merchant Worthy, Inc., Rapid Capital Funding L.L.C., filed by Christopher Melingonis. (Attachments: #1 Proof of Service) (Swigart, Joshua) Modified text on 5/3/2017 - Added "Second." No summons requested. Summons will not be issued. Sent QC e-mail re missing case # in captioning section. (mdc) |
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Filing 40
ORDER: Plaintiff's request to withdraw the first amended complaint is granted. (Dkt #27 ). The motion for leave to amend the complaint is granted. (Dkt #27 ). Plaintiff has leave to file an amended complaint adding Merchant Worthy as a defendant. Plaintiff shall file the amended complaint within fourteen (14) days of the date this Order issues. The motion to dismiss filed by Merchant Worthy is denied as moot. (Dkt #26 ). Any requests regarding a new scheduling order or additional discovery matters are referred to the Magistrate Judge. Signed by Judge William Q. Hayes on 5/1/2017. (mdc)
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Filing 39
Minute Order for proceedings held before Magistrate Judge Karen S. Crawford:There are several motions currently pending before the District Court, including a Motion to Dismiss the First Amended Class Action Complaint and a Motion for Leave to file an Amended Complaint. [Doc. Nos. 26, 27.] In light of the pending motions, this Court hereby vacates the Case Management Conference previously set for April 28, 2017 and resets a telephonic Case Management Conference on June 22, 2017 at 2:00 p.m. in order to reset the class certification deadline and any other case management dates that the Court deems necessary. Plaintiff's counsel shall initiate the telephonic conference by calling Judge Crawford's chambers at the appointed time with all counsel on the line. (no document attached) (asm)
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Filing 38
ORDER Granting Joint Motion For Confidentiality And PROTECTIVE ORDER (Dkt #36 ). Signed by Magistrate Judge Karen S. Crawford on 3/9/2017. (mdc) (jao).
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Filing 37
ORDER granting #34 Motion for Extension of Time to File. On August 16, 2016, this Court issued a Scheduling Order setting pretrial case management dates through the Pre-Trial Conference, which is scheduled for January 12, 2018. [Doc. No. 17.] There are several motions currently pending before the District Court, including a Motion to Dismiss the First Amended Class Action Complaint and a Motion for Leave to file an Amended Complaint. [Doc. Nos. 26, 27.] In light of the pending motions, this Court finds good cause to vacate the remaining dates in the Scheduling Order, including the March 13, 2017 class certification deadline. The remaining dates in the Scheduling Order [Doc. No. 17] are VACATED. The Court hereby sets a telephonic Case Management Conference on April 28, 2017 at 11:30 a.m. in order to reset the class certification deadline and any other case management dates that the Court deems necessary. Plaintiff's counsel shall initiate the telephonic conference by calling Judge Crawford's chambers at the appointed time with all counsel on the line. Signed by Magistrate Judge Karen S. Crawford on March 8, 2017. (no document attached) (asm)
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| Filing 36 MOTION for Protective Order Confidentiality and Protective Order by Rapid Capital Funding L.L.C.. (Yashar, Pantea) (mdc.) |
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Filing 35
ORDER denying #30 Motion for Protective Order. Before the Court is a Joint Motion/Stipulation for a Confidentiality and Protective Order. [Doc. No. 30.] The proposed order fails to comply with Crawford Chambers Rule VIII. Consequently, the Joint Motion is DENIED without prejudice. Additionally, proposed orders must be submitted without the firms' watermark appearing on the document. Signed by Magistrate Judge Karen S. Crawford on March 7, 2017. (no document attached) (asm)
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| Filing 34 Ex Parte MOTION for Extension of Time to File Motion for Class Certification by Christopher Melingonis. (Attachments: #1 Notice, #2 Declaration of Kevin Lemieux, #3 Exhibit A, #4 Proof of Service)(Lemieux, Kevin) (mdc.) |
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Filing 33
ORDER granting #28 Motion for Extension of Time to File. On January 9, 2017, the parties filed a Joint Motion to extend the class discovery deadline through and including February 14, 2017. [Doc. No. 28.] The parties explain that they need additional time to schedule a deposition and intend to schedule it no later than February 13, 2017. The parties further represent that the foregoing extension will not affect any other deadlines currently set in this case as set forth in the Court's Scheduling Order [Doc. No. 17]. Good cause appearing, the Joint Motion is GRANTED. All other provisions of the Scheduling Order remain in full effect. It is so ORDERED. Signed by Magistrate Judge Karen S. Crawford on February 15, 2017. (no document attached) (asm)
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| Filing 32 RESPONSE in Support re #26 MOTION to Dismiss First Amended Class Action Complaint filed by Merchant Worthy, Inc.. (Thurman, Michael) |
| Filing 31 REPLY to Response to Motion re #27 MOTION for Leave to File Amended Complaint filed by Christopher Melingonis. (Attachments: #1 Declaration of Kevin Lemieux, #2 Proof of Service)(Lemieux, Kevin) |
| Filing 30 Joint MOTION for Protective Order Joint Motion/Stipulation for Confidentiality and Protective Order by Rapid Capital Funding L.L.C.. (Yashar, Pantea) |
| Filing 29 RESPONSE to Motion re #27 MOTION for Leave to File Amended Complaint filed by Merchant Worthy, Inc.. (Thurman, Michael) |
| Filing 28 Joint MOTION for Extension of Time to File Joint Motion for Extension of Class Discovery Deadline by Rapid Capital Funding L.L.C.. (Attachments: #1 Declaration Declaration of Lawren A. Zann in Support of Joint Motion for Extension of Class Discovery Deadline)(Yashar, Pantea) |
| Filing 27 MOTION for Leave to File Amended Complaint by Christopher Melingonis. (Attachments: #1 Memo of Points and Authorities, #2 Certificate of Service)(Swigart, Joshua) |
| Filing 26 MOTION to Dismiss First Amended Class Action Complaint by Merchant Worthy, Inc.. (Attachments: #1 Memo of Points and Authorities)(Thurman, Michael) (dxj). |
| Filing 25 Corporate Disclosure Statement by Merchant Worthy, Inc.. No Corporate Parents/Interested Parties. (Thurman, Michael) (dxj). |
| Filing 24 NOTICE of Appearance by Michael Thurman on behalf of Merchant Worthy, Inc. (Thurman, Michael)Attorney Michael Thurman added to party Merchant Worthy, Inc.(pty:dft) (dxj). |
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Filing 23
ORDER Granting Joint Motion For Extension Of Time To File A Joint Motion For Determination Of Discovery Dispute (Dkt #21 ): The parties have 30 days from the date of this Order to file a Joint Motion for Determination of Discovery Dispute, if it becomes necessary. Signed by Magistrate Judge Karen S. Crawford on 11/17/2016. (mdc)
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| Filing 22 NOTICE of Appearance by Kevin Toby Lemieux on behalf of Christopher Melingonis (Attachments: #1 Proof of Service)(Lemieux, Kevin)Attorney Kevin Toby Lemieux added to party Christopher Melingonis(pty:pla) |
| Filing 21 Joint MOTION for Extension of Time to File A Joint Motion For Determination of Discovery Dispute by Christopher Melingonis. (Attachments: #1 Proof of Service)(Swigart, Joshua) (mdc.) |
| Filing 20 Rapid Capital Funding, L.L.C.'s Answer and Affirmative Defenses to First Amended Class Action Complaint ANSWER to #18 Amended Complaint, by Rapid Capital Funding L.L.C..(Yashar, Pantea) |
| Filing 19 Summons Issued on the First Amended Complaint (Dkt #18 ). 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. (mdc) |
| Filing 18 FIRST AMENDED COMPLAINT with Jury Demand against Rapid Capital Funding L.L.C., Merchant Worthy, Inc., filed by Christopher Melingonis. (Attachments: #1 Amended Civil Cover Sheet)New Summons Requested. (Swigart, Joshua) Modified text on 10/20/2016 to add "First." (mdc) (10/24/2016 - Summons was issued.) (mdc) |
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Filing 17
SCHEDULING ORDER: A Case Management Conference was held on 8/12/2016. Any motion to join other parties, to amend the pleadings, or to file additional pleadings shall be filed on or before 9/12/2016. A motion for class certification shall be filed no later than 3/13/2017. A Mandatory Settlement Conference is set for 8/14/2017 at 09:30 in the chambers of Magistrate Judge Karen S. Crawford. All other pretrial motions must be filed on or before 9/11/2017. The Proposed Final Pretrial Conference Order is due by 1/5/2018. The Final Pretrial Conference is set for 1/12/2018 at 11:00 AM before Judge William Q. Hayes. Signed by Magistrate Judge Karen S. Crawford on 8/15/2016. (mdc)
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| Filing 16 NOTICE of Change of Address by Geoffrey M. Gold (Gold, Geoffrey) |
| Filing 15 NOTICE of Appearance by Pantea Yashar on behalf of Rapid Capital Funding L.L.C. (Yashar, Pantea)Attorney Pantea Yashar added to party Rapid Capital Funding L.L.C.(pty:dft) |
| Filing 14 NOTICE of Change of Address by Pantea Yashar (Yashar, Pantea) |
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Filing 13
ORDER Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance And NOTICE Of Case Management Conference: On 6/20/2016 the Court convened a telephonic counsel only Early Neutral Evaluation Conference. Settlement could not be reached. A counsel only telephonic Case Management Conference is set for 8/12/2016 at 09:45 AM before Magistrate Judge Karen S. Crawford. Signed by Magistrate Judge Karen S. Crawford on 6/21/2016. (All non-registered users served via U.S. Mail Service.) (mdc)
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| Filing 12 Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford: An Early Neutral Evaluation Conference was held on 6/20/2016. The case did not settle. Written Order to issue. (no document attached) (jmw) |
| Filing 11 NOTICE of Appearance by Robert Lyman Hyde on behalf of Christopher Melingonis (Attachments: #1 Proof of Service)(Hyde, Robert)Attorney Robert Lyman Hyde added to party Christopher Melingonis(pty:pla) |
| Filing 10 Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford: Due to an unexpected conflict in the Court's Calendar, the 6/2/2016 telephonic Early Neutral Evaluation has been reset for 6/20/2016 at 02:30 P.M. The parties should refer to [Doc. No. 5] in preparation for the conference. (no document attached) (jmw) |
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Filing 9
ORDER Approving Pro Hac Vice as to Lawren A. Zann. Signed by Judge William Q. Hayes on 5/5/2016.(All non-registered users served via U.S. Mail Service)(aef)
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Filing 8
ORDER Approving Pro Hac Vice as to Beth-Ann E. Krimsky. Signed by Judge William Q. Hayes on 5/5/2016.(All non-registered users served via U.S. Mail Service)(aef)
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| Filing 7 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9029402.) (Application to be reviewed by Clerk.) (Zann, Lawren) (aef). |
| Filing 6 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9029327.) (Application to be reviewed by Clerk.) (Krimsky, Beth-Ann) (aef). |
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Filing 5
NOTICE AND ORDER Setting Telephonic Counsel Only Early Neutral Evaluation Conference. A telephonic counsel only Early Neutral Evaluation will be held on June 2, 2016 at 2:30 P.M. in the Chambers of Magistrate Judge Karen S. Crawford. Signed by Magistrate Judge Karen S. Crawford on 4/18/2016.(nbp)(jao).
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| Filing 4 ANSWER to #1 Complaint, with Jury Demand [ANSWER AND AFFIRMATIVE DEFENSES TO CLASS ACTION COMPLAINT] by Rapid Capital Funding L.L.C..(Davidson, Peter) (nbp) |
| Filing 3 NOTICE of Appearance by Abbas Kazerounian on behalf of Christopher Melingonis (Kazerounian, Abbas)Attorney Abbas Kazerounian added to party Christopher Melingonis(pty:pla) |
| 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) (jao). |
| Filing 1 COMPLAINT with Jury Demand against Rapid Capital Funding L.L.C. ( Filing fee $ 400 receipt number 0974-8829768.), filed by Christopher Melingonis. (Attachments: #1 Cover Sheet)The new case number is 3:16-cv-490-WQH-KSC. Judge William Q. Hayes and Magistrate Judge Karen S. Crawford are assigned to the case. (Swigart, Joshua)(acc) (jao). |
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