Appel et al v. Boston National Title Agency, LLC
| Howard Appel, David Cohen and Kee Partners, LLC |
| Boston National Title Agency, LLC |
| 3:2018cv00873 |
| May 4, 2018 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Dana M. Sabraw |
| Bernard G. Skomal |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
180
Ruling And Order On Applicability Of Bidder Registration Agreements Release Provision To Plaintiffs Claims - re 162 Trial Brief filed by Boston National Title Agency, LLC, 164 Response - Other filed by Ke'e Partners, LLC, David Cohen, Howard Appel, 166 Reply - Other filed by Boston National Title Agency, LLC. Signed by District Judge Robert S. Huie on 8/19/2022.(ave)
|
|
Filing
179
ORDER Denying 112 Motion to Strike Answer to Amended Complaint 112 MOTION to Strike 108 Answer to Amended Complaint . Signed by District Judge Robert S. Huie on 8/15/2022. (ave)
|
|
Filing
151
ORDER Denying 126 Defendant's Motion to Dismiss For Lack of Standing, and; Granting in Part and Denying in Part 126 Defendant's Motion for Summary Judgment. Signed by Judge Todd W. Robinson on 9/17/21. (sxa)
|
|
Filing
114
ORDER Granting in Part and Denying in Part Joint Motion for Additional and Limited Written Discovery (ECF No. 113 ). Signed by Magistrate Judge Allison H. Goddard on 7/28/20. (jmo)
|
|
Filing
106
ORDER Granting in Part Defendant's Motion to Dismiss Third Amended Complaint (ECF No. 101 ). The dismissals are with prejudice. Boston National is to file an answer to the remaining causes of action or portions of causes of action on or before 6/24/20. Signed by Judge Cynthia Bashant on 6/10/20. (jmo)
|
|
Filing
89
ORDER Granting Joint Motion to Continue. (ECF No. 88 ) The Court continues the hearing date for Defendant's motion, (ECF No. 87 ), to November 18, 2019. The briefing schedule is continued accordingly. The Court notes that the hearing date is set only to provide a briefing schedule and this motion has no oral argument per this Courts standing civil orders. Signed by Judge Cynthia Bashant on 10/7/2019. (tcf)
|
|
Filing
83
ORDER granting in part and denying in part Defendant Boston National Title Agency, LLC's 77 Motion to Dismiss Plaintiffs' First Amended Complaint. Court dismisses the following claims: 1.) Unfair Competition Law claims predicated on Bost on National's misrepresentation, 2.) False Advertising Law claims, 3.) fraudulent concealment claims, 4.) fraudulent misrepresentation claims, 5.) negligent misrepresentation claims, 6.) tort of another doctrine claims, and 7.) punitive damage a llegations. Court grants Plaintiffs leave to file amended complaint. Should Plaintiffs choose not to amend the complaint, the case will proceed on the following causes of action: 1.) Accounting, 2.) Unfair Competition claims not predicated on Defenda nt's misrepresentation, 3.) conversion, 4.) negligence, and 5.) breach of fiduciary duty. Plaintiffs may file an amended complaint by 9/16/2019. If no amended complaint is filed, Defendant is to file an answer by 9/30/2019. Signed by Judge Cynthia Bashant on 8/15/2019. (jah)
|
|
Filing
82
ORDER (1) denying 71 Motion for Review of Magistrate Judge's April 30, 2019 Order and (2) Closing Case No. 18cv2617-BAS-MDD. Signed by Judge Cynthia Bashant on 7/12/2019. (jrm)
|
|
Filing
72
ORDER Granting 41 Plaintiffs' Motion for Leave to File First Amended Complaint; and Denies Without Prejudice 42 Defendant's Motion for Summary Judgment. The Court grants the parties leave to re-open discovery pertaining only to the new claims in Plaintiffs amended complaint. Plaintiffs SHALL file the amended complaint attached to their motion within five (5) days of the issuance of this Order and the parties SHALL submit a joint discovery plan and scheduling order to Judge Dembin within fourteen (14) days of the issuance of this Order. Signed by Judge Cynthia Bashant on 5/17/2019. (tcf)(jrd)
|
|
Filing
69
ORDER on 44 Ex Parte Application Pursuant to Fed. R. Civ. P. 56(d) to Defer Consideration of Defendant's Motion for Summary Judgment. Plaintiffs failed to meet their burden to show that additional time to complete the voluminous discovery soug ht and the unlimited time in which to review it is warranted. Accordingly, Plaintiffs' Ex Parte Application pursuant to Rule 56(d) is DENIED. In light of Plaintiffs' pending motion for leave to file a first amended complaint, and after conferring with the District Judge, briefing on the MSJ will remain stayed until further order by the District Judge. Signed by Magistrate Judge Mitchell D. Dembin on 5/9/2019. (acc)
|
|
Filing
68
ORDER denying Plaintiffs' 57 Motion for Reconsideration re 30 Order on Motion for Discovery. Signed by Magistrate Judge Mitchell D. Dembin on 4/30/2019. (jah)
|
|
Filing
30
ORDER on 29 Joint Motion for Determination of Discovery Dispute. Plaintiffs' motion to compel, as presented in this Joint Motion, is DENIED. Signed by Magistrate Judge Mitchell D. Dembin on 1/14/19. (Dembin, Mitchell)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
