Devine v. The Judge Law Firm, ALC et al
| Devine and Sam Devine |
| The Judge Law Firm, ALC and Stonecrest Village Master Association |
| ROES |
| 3:2016cv02999 |
| December 9, 2016 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Anthony J Battaglia |
| Mitchell D Dembin |
| Other Statutory Actions |
| 15 U.S.C. § 1692 |
| Both |
Docket Report
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This docket was last retrieved on June 1, 2018. A more recent docket listing may be available from PACER.
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Filing 57
ORDER granting #56 Joint Motion to Dismiss. Based upon the Joint Motion for Dismissal, this Court hereby orders the action to be, and is, dismissed with prejudice. Each party to bear their own attorneys' fees and costs. Signed by Judge Anthony J. Battaglia on 6/1/2018. (acc) (sjt).
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| Filing 56 Joint MOTION to Dismiss Entire Action with Prejudice by Sam Devine. (Attachments: #1 Certificate of Service)(Hart, Yana)(acc). |
| Filing 55 NOTICE of Teleconference Information Sheet. Teleconference set for 05/17/2018 at 9:15AM. (atk) |
| Filing 54 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: An Early Neutral Evaluation/Case Management Conference was held on 3/23/2018. The case settled, therefore, a telephonic Settlement Disposition Conference will be held 5/17/2018 at 9:15 AM before Magistrate Judge Mitchell D. Dembin. Only counsel are required to participate. Counsel are ordered to use the dial-in information filed as a separate notice to access the Court's teleconference service. If a Joint Motion for Dismissal is filed prior to the SDC, the conference will be taken off calendar. (The teleconference information sheet can be accessed through ECF using the login information assigned to an attorney of record in the case and then selecting the report option. On the next screen, the docket sheet option should be selected, prompting the user for a PACER login (assigned to the attorney of record). Once the PACER login is completed, the case number can be entered which will display the docket sheet for the case and allow the user to open the teleconference information sheet.) (Plaintiff Attorneys: Yana Hart, Robert Hyde). (Defendant Attorneys: David Mangikyan, Christina VanderWerf). (no document attached) (atk) |
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Filing 53
ORDER denying #52 Plaintiff's MOTION for Leave to Appear Telephonically at Early Neutral Evaluation. This case involves allegations that the Defendants unlawfully attempted to collect upon a debt allegedly owed to a Homeowners Association. An Early Neutral Evaluation ("ENE") is scheduled for March 23, 2018. Plaintiff seeks leave to appear telephonically at the hearing because he is elderly and now resides in El Salvador. Plaintiff asserts that it is a burden for him to travel to San Diego for this hearing. Plaintiff elected to bring and maintain this lawsuit. The ENE is a mandatory hearing requiring Plaintiff's personal attendance. One defendant has objected to the Motion. The Court finds that the alleged burden of travel is not good cause to excuse Plaintiff's personal appearance. The motion is DENIED.. Signed by Magistrate Judge Mitchell D. Dembin on 2/21/18. (no document attached) (Dembin, Mitchell)
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| Filing 52 MOTION for Leave to Appear Telephonically by Sam Devine. (Attachments: #1 Declaration, #2 Declaration, #3 Proof of Service)(Conforti, Clark)(acc). |
| Filing 51 NOTICE of Appearance by Clark Robert Conforti on behalf of Sam Devine (Attachments: #1 Proof of Service)(Conforti, Clark)Attorney Clark Robert Conforti added to party Sam Devine(pty:pla) (acc). |
| Filing 50 ANSWER to #1 Complaint, #47 Crossclaim , ANSWER to #1 Complaint, #47 Crossclaim by The Judge Law Firm, ALC. (Attachments: #1 Proof of Service)(Judge, James)(acc). |
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Filing 49
NOTICE AND ORDER for Early Neutral Evaluation Conference - Early Neutral Evaluation set for 3/23/2018 09:30 AM before Magistrate Judge Mitchell D. Dembin. Case Management Conference set for 3/23/2018 09:30 AM before Magistrate Judge Mitchell D. Dembin. Joint Discovery Plan due no later than 3/16/2018. Signed by Magistrate Judge Mitchell D. Dembin on 1/26/2018.(acc)
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| Filing 48 ANSWER to #35 Amended Complaint by Stonecrest Village Master Association. (Attachments: #1 Proof of Service)(Vander Werf, Christina)(acc). |
| Filing 47 CROSSCLAIM against The Judge Law Firm, ALC, filed by Stonecrest Village Master Association. (Attachments: #1 Proof of Service) (Vander Werf, Christina)(acc). |
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Filing 46
ORDER Denying #38 Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint. Signed by Judge Anthony J. Battaglia on 1/5/2018. (aef)
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| Filing 45 NOTICE of Appearance by Tricia A. Pham on behalf of Stonecrest Village Master Association (Attachments: #1 Proof of Service)(Pham, Tricia)Attorney Tricia A. Pham added to party Stonecrest Village Master Association(pty:dft) (acc). |
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Filing 44
ORDER BY JUDGE BATTAGLIA, Motions Submitted #38 MOTION to Dismiss for Failure to State a Claim. This motion is suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the motion will be deemed submitted as of this date.(no document attached) (sc)
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| Filing 43 CERTIFICATE OF SERVICE by Stonecrest Village Master Association re #41 Reply to Response to Motion, Amended Proof of Service (Vander Werf, Christina)(acc). |
| Filing 42 NOTICE of Technical Failure by Stonecrest Village Master Association re #41 Reply to Response to Motion, (Attachments: #1 Declaration Declaration of Christina M. Vander Werf In Support of Notice of Technical Failure, #2 Proof of Service)(Vander Werf, Christina)(acc). |
| Filing 41 REPLY to Response to Motion re #38 MOTION to Dismiss for Failure to State a Claim Notice of Motion And Motion To Dismiss Second Amended Complaint for Failure to State A Claim filed by Stonecrest Village Master Association. (Attachments: #1 Proof of Service)(Vander Werf, Christina)(acc). |
| Filing 40 RESPONSE in Opposition re #38 MOTION to Dismiss for Failure to State a Claim Notice of Motion And Motion To Dismiss Second Amended Complaint for Failure to State A Claim filed by Sam Devine. (Attachments: #1 cert. of Service)(Hart, Yana)(acc). |
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Filing 39
ORDER BY JUDGE BATTAGLIA Setting Briefing Schedule re #38 MOTION to Dismiss for Failure to State a Claim: Responses due by 8/28/2017; Replies due by 9/5/2017; sur-replies will not be accepted. Motion hearing scheduled for 11/16/17 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc)
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| Filing 38 MOTION to Dismiss for Failure to State a Claim Notice of Motion And Motion To Dismiss Second Amended Complaint for Failure to State A Claim by Stonecrest Village Master Association. (Attachments: #1 Memo of Points and Authorities Memorandum of Points And Authorities In Support of Motion To Dismiss Second Amended Complaint Fir Failure To State A Claim [frcp12(b)(c), #2 Proof of Service)(Vander Werf, Christina)(acc). |
| Filing 37 ANSWER to #35 Amended Complaint by The Judge Law Firm, ALC.(Judge, James)(acc). |
| Filing 36 CERTIFICATE OF SERVICE by Sam Devine re #35 Amended Complaint (Hart, Yana)(acc). |
| Filing 35 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Sam Devine. (Attachments: #1 Proof of Service) (Hart, Yana) (acc). |
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Filing 34
ORDER granting in part and denying in part #13 Defendant's Motion to Dismiss for Failure to State a Claim. As explained more fully above, the Court GRANTS IN PART and DENIES IN PART Stonecrest's motion to dismiss. Additionally, the Court SUA SPONTE DISMISSES Plaintiff's Rosenthal Act claim against JLF. Plaintiff is granted fourteen (14)days from the date of this Order to file a second amended complaint. Signed by Judge Anthony J. Battaglia on 7/21/2017. (acc)
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| Filing 33 NOTICE of Appearance by Christina Vander Werf on behalf of Stonecrest Village Master Association (Attachments: #1 Proof of Service)(Vander Werf, Christina)Attorney Christina Vander Werf added to party Stonecrest Village Master Association(pty:dft)(acc). |
| Filing 32 NOTICE of Withdrawal of Counsel by Stonecrest Village Master Association (Attachments: #1 Proof of Service)(Lafferty, Kathryn)(acc). |
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Filing 31
ORDER BY JUDGE BATTAGLIA, Motion Submitted #13 MOTION to Dismiss for Failure to State a Claim. This motion is suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the motion will be deemed submitted as of this date. (no document attached) (sc)
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| Filing 30 REPLY to Response to Motion re #13 MOTION to Dismiss for Failure to State a Claim filed by Stonecrest Village Master Association. (Attachments: #1 Proof of Service)(Mariam, Craig)(acc). |
| Filing 29 RESPONSE in Opposition re #13 MOTION to Dismiss for Failure to State a Claim filed by Sam Devine. (Attachments: #1 Proof of Service)(Hart, Yana)(acc). |
| Filing 28 NOTICE to Withdraw as Attorney for Plaintiff by Attorney Jessica R. K. Dorman by Sam Devine. (Attachments: #1 Proof of Service)(Dorman, Jessica)(acc). |
| Filing 27 NOTICE OF WITHDRAWAL OF DOCUMENT by Sam Devine re #25 MOTION to Withdraw as Attorney for Jessica R. K. Dorman for Plaintiff filed by Sam Devine . (Attachments: #1 Proof of Service)(Dorman, Jessica)(acc). |
| Filing 26 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: A telephonic Settlement Disposition Conference was held on 4/27/2017. According to counsel, the case is not settled. Upon joint request of the parties, the Court will schedule an early settlement conference. The Court notes that Defendant Stonecrest Village's Motion to Dismiss #13 remains scheduled for hearing before the district judge on May 25, 2017. #21 Any extension of dates related to that motion must be made to the district judge. (Plaintiff Attorney Yana Hart). (Defendant Attorneys: James Judge, The Judge Law Firm; Craig Mariam, Stonecrest Village Master Association). (no document attached) (atk) |
| Filing 25 ***WITHDRAWN per #27 ***NOTICE to Withdraw as Attorney for Jessica R. K. Dorman for Plaintiff by Sam Devine. (Attachments: #1 Proof of Service)(Dorman, Jessica) Modified on 4/27/2017 to update event type(acc). |
| Filing 24 NOTICE of Appearance of Attorney Joshua B. Swigart for Plaintiff by Joshua Swigart on behalf of Sam Devine (Attachments: #1 Proof of Service)(Swigart, Joshua)Attorney Joshua Swigart added to party Sam Devine(pty:pla)(acc). |
| Filing 23 NOTICE of Appearance of Attorney Abbas Kazerounian for Plaintiff by Abbas Kazerounian on behalf of Sam Devine (Attachments: #1 Proof of Service)(Kazerounian, Abbas)Attorney Abbas Kazerounian added to party Sam Devine(pty:pla)(acc). |
| Filing 22 NOTICE of Appearance of Attorney Yana A. Hart for Plaintiff by Yana A. Hart on behalf of Sam Devine (Attachments: #1 Proof of Service)(Hart, Yana)Attorney Yana A. Hart added to party Sam Devine(pty:pla) (acc). |
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Filing 21
ORDER granting #19 Joint Motion to Continue. Responses due by 5/10/2017. Replies due by 5/17/2017. Motion Hearing set for 5/25/2017 02:00 PM in Courtroom 3B before Judge Anthony J. Battaglia. Signed by Judge Anthony J. Battaglia on 3/7/2017. (acc)
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| Filing 20 CERTIFICATE OF SERVICE by The Judge Law Firm, ALC re #19 Joint MOTION to Continue Motion to Dismiss for Failure to State a Claim (Judge, James)(acc). |
| Filing 19 Joint MOTION to Continue Motion to Dismiss for Failure to State a Claim by The Judge Law Firm, ALC. (Judge, James)(acc). |
| Filing 18 NOTICE of Teleconference Information Sheet. Teleconference set for 04/27/2017 at 9:15AM. (atk) |
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Filing 17
Order Scheduling Settlement Disposition Conference. A Notice of Settlement has been filed in the case. Accordingly, a Joint Motion for Dismissal should be filed by April 26, 2017. If a Joint Motion for Dismissal and Proposed Order for Dismissal are not submitted by April 26, 2017, then a TELEPHONIC SETTLEMENT DISPOSITION CONFERENCE shall be held on APRIL 27, 2017 at 9:15AM before Magistrate Judge Mitchell D. Dembin. Only counsel are required to participate. Counsel are ordered to use the dial-in information filed as a separate notice to access the Court's teleconference service. (The teleconference information sheet can be accessed through ECF using the login information assigned to an attorney of record in the case and then selecting the "report" option. On the next screen, the "docket sheet" option should be selected, prompting the user for a PACER login (assigned to the attorney of record). Once the PACER login is completed, the case number can be entered which will display the docket sheet for the case and allow the user to open the teleconference information sheet.). Signed by Magistrate Judge Mitchell D. Dembin on 03/06/2017.(no document attached) (atk)
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| Filing 16 NOTICE of Settlement by Sam Devine (Attachments: #1 Proof of Service)(Dorman, Jessica)(acc). |
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Filing 15
ORDER Setting Briefing Schedule re #13 MOTION to Dismiss for Failure to State a Claim : Opposition due by 3/8/2017; Reply due by 3/15/2017; sur-replies will not be accepted. Motion hearing scheduled for 4/13/17 at 2:00 p.m. in Courtroom 3B.(no document attached) (sc)
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| Filing 14 NOTICE of Party With Financial Interest by Stonecrest Village Master Association . No Parties With Financial Interest. (Lafferty, Kathryn)(acc). |
| Filing 13 MOTION to Dismiss for Failure to State a Claim by Stonecrest Village Master Association. (Attachments: #1 Memo of Points and Authorities)(Lafferty, Kathryn)Attorney Kathryn Ann Lafferty added to party Stonecrest Village Master Association(pty:dft)(acc). |
| Filing 12 ANSWER to #7 Amended Complaint by The Judge Law Firm, ALC.(Judge, James)(acc). |
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Filing 11
ORDER granting #10 Joint Motion for Extension of Time in Which to Answer. IT IS HEREBY ORDERED that a responsive pleading to Mr. Devine's first amendedcomplaint shall be filed and served on or before 2/22/2017. Signed by Judge Anthony J. Battaglia on 2/9/2017. (acc)
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| Filing 10 Joint MOTION for Extension of Time to File Response/Reply as to #7 Amended Complaint by Stonecrest Village Master Association. (Attachments: #1 Proof of Service)(Mariam, Craig)Attorney Craig J Mariam added to party Stonecrest Village Master Association(pty:dft)(acc). Modified on 2/9/2017 to correct event(acc). |
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Filing 9
ORDER finding as moot #3 Motion to Dismiss for Failure to State a Claim. The Court finds this motion moot in light of the filing of an Amended Complaint. (no document attached) (sc)
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| Filing 8 CERTIFICATE OF SERVICE by Sam Devine re #7 Amended Complaint (Dorman, Jessica)(acc). |
| Filing 7 AMENDED COMPLAINT with Jury Demand against Stonecrest Village Master Association, The Judge Law Firm, ALC, filed by Sam Devine. (Dorman, Jessica)(acc). |
| Filing 6 MOTION to Withdraw #5 Joint MOTION to Continue Motion to Dismiss for Failure to State a Claim Submitted in Error by Stonecrest Village Master Association, The Judge Law Firm, ALC. (Judge, James)(acc). |
| Filing 5 Joint MOTION to Continue Motion to Dismiss for Failure to State a Claim by Stonecrest Village Master Association, The Judge Law Firm, ALC. (Attachments: #1 Supplement Proposed Order re Stipulation to Continue Motion to Dismiss)(Judge, James)(acc). |
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Filing 4
ORDER Setting Briefing Schedule re #3 MOTION to Dismiss for Failure to State a Claim : Opposition due by 1/25/2017; Reply due by 2/1/2017; sur-replies will not be accepted. Motion hearing scheduled for 2/23/17 at 2:00 p.m. in Courtroom 3B.(no document attached) (sc)
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| Filing 3 MOTION to Dismiss for Failure to State a Claim by Stonecrest Village Master Association, The Judge Law Firm, ALC. (Attachments: #1 Request for Judicial Notice, #2 Proof of Service)(Judge, James)Attorney James Arthur Judge added to party Stonecrest Village Master Association(pty:dft), Attorney James Arthur Judge added to party The Judge Law Firm, ALC(pty:dft) (jpp). |
| 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. (mxn) |
| Filing 1 COMPLAINT with Jury Demand against All Defendants (Filing fee $400 receipt number 0974-9644466.), filed by Sam Devine. (Attachments: #1 Civil Cover Sheet)The new case number is 3:16-cv-2999-AJB-MDD. Judge Anthony J. Battaglia and Magistrate Judge Mitchell D. Dembin are assigned to the case. (Dorman, Jessica)(mxn) (sjt). |
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