Sundby v. Marquee Funding Group, Inc. et al
Plaintiff: Dale Sundby
Defendant: Susan L. Cobin, Todd B. Cobin, Dolores Thompson, Barbara A. Cobin, Kathleen Myers, Fasak Investments LLC, Platinum Loan Servicing, Inc., Christopher Myers, Vickie McCarty, Does 1-X, Andres Salsido, Kimberly Gill Barbinoff, Steven M. Cobin, Benning Management Group 401(k) Profit Sharing Plan, Marquee Funding Group, Inc., Jeffrey Myers, Kimberly Gill Rabinoff, Stanley Kesselman and Salomon Benzimra
Case Number: 3:2019cv00390
Filed: February 26, 2019
Court: US District Court for the Southern District of California
Presiding Judge: Gonzalo P Curiel
Referring Judge: Mitchell D Dembin
2 Judge: Allison H Goddard
Nature of Suit: Consumer Credit
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 10, 2020 Opinion or Order Filing 196 RESPONSE in Support re #190 MOTION to Seal a Previously Filed Document Declarations of Troy H. Slome Failing to Redact Social Security Numbers filed by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Attachments: #1 Exhibit Redacted Version of ECF No. 164-4, #2 Exhibit Redacted Version of ECF No. 179.2)(Slome, Troy)
August 7, 2020 Opinion or Order Filing 195 REPLY to Response to Motion re #165 Amended MOTION for Summary Judgment , or in the Alternative Partial Summary Judgment, filed by Dale Sundby. (Attachments: #1 Statement of Facts Supplemental, #2 Declaration Supplemental)(Sundby, Dale)
August 7, 2020 Opinion or Order Filing 194 REPLY - Other re #183 Response in Opposition to Motion filed by Marquee Funding Group, Inc.. (Landau, Lewis) (dlg).
August 7, 2020 Opinion or Order Filing 193 REPLY to Response to Motion re #165 Amended MOTION for Summary Judgment , or in the Alternative Partial Summary Judgment, filed by Dale Sundby. (Attachments: #1 Statement of Facts Supplemental, #2 Declaration Supplemental)(Sundby, Dale)
August 7, 2020 Opinion or Order Filing 192 RESPONSE in Support re #164 MOTION for Summary Judgment , or In the Alternative, Partial Summary Judgment filed by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Attachments: #1 Statement of Facts, #2 Evidentiary Objections, #3 Declaration of Troy Slome)(Slome, Troy)
August 7, 2020 Opinion or Order Filing 191 RESPONSE in Opposition re #188 MOTION for Order to Show Cause filed by Dale Sundby. (Sundby, Dale)
August 7, 2020 Opinion or Order Filing 190 MOTION to Seal a Previously Filed Document Declarations of Troy H. Slome Failing to Redact Social Security Numbers by Dale Sundby. (Sundby, Dale) (sxa).
August 4, 2020 Opinion or Order Filing 189 ORDER Setting Briefing Schedule re #188 MOTION for Order to Show Cause : Responses due by 8/18/2020, Replies due by 8/25/2020. Signed by Magistrate Judge Allison H. Goddard on 8/4/20.(dlg)
August 3, 2020 Opinion or Order Filing 188 Request for Further OSC re Sanctions, SUPPLEMENTAL DOCUMENT by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson re #132 Order to Show Cause, Request for Further OSC re Sanctions. (Slome, Troy) Modified on 8/4/2020 to change event to motion and edit docket text. QC email sent (dlg).
July 31, 2020 Opinion or Order Filing 187 ORDER Granting in Part and Denying in Part #184 Motion for Additional Pages. Signed by Judge Gonzalo P. Curiel on 07/31/2020. (jcj)
July 30, 2020 Opinion or Order Filing 186 REPLY to Response to Motion re #184 MOTION for Extension of Time to File Response/Reply filed by Dale Sundby. (Sundby, Dale) (dlg).
July 30, 2020 Opinion or Order Filing 185 RESPONSE in Support re #184 MOTION for Extension of Time to File Response/Reply To Extend Page Limit filed by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Slome, Troy) (dlg).
July 28, 2020 Opinion or Order Filing 184 Ex Parte Application for Leave to Extend Page Limit re Opposition to Motion for Summary Judgment, MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Dale Sundby. (Sundby, Dale) Modified on 7/29/2020 to change event to motion (dlg).
July 24, 2020 Opinion or Order Filing 183 RESPONSE in Opposition re #167 MOTION for Summary Judgment MOTION for Partial Summary Judgment filed by Dale Sundby. (Attachments: #1 Statement of Facts, #2 Proof of Service)(Sundby, Dale)
July 24, 2020 Opinion or Order Filing 182 RESPONSE in Opposition re #164 MOTION for Summary Judgment , or In the Alternative, Partial Summary Judgment filed by Dale Sundby. (Attachments: #1 Statement of Facts, #2 Declaration, #3 Proof of Service)(Sundby, Dale)
July 24, 2020 Opinion or Order Filing 181 RESPONSE in Opposition re #165 Amended MOTION for Summary Judgment , or in the Alternative Partial Summary Judgment, filed by Marquee Funding Group, Inc.. (Attachments: #1 Statement of Facts Responsive Separate Statement)(Landau, Lewis) (anh).
July 24, 2020 Opinion or Order Filing 180 RESPONSE in Opposition re #166 MOTION to Exclude Expert Testimony filed by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Attachments: #1 Declaration of Troy Slome)(Slome, Troy) (anh).
July 24, 2020 Opinion or Order Filing 179 RESPONSE in Opposition re #165 Amended MOTION for Summary Judgment , or in the Alternative Partial Summary Judgment, filed by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Attachments: #1 Statement of Facts Response, #2 Declaration of Troy Slome)(Slome, Troy) (anh).
July 24, 2020 Opinion or Order Filing 178 ORDER Permitting All Responses to the Three Pending Summary Judgment Motions to Include Statements of Fact that Are No More than 25 Pages in Length #173 . Signed by Judge Gonzalo P. Curiel on 7/23/20.(dlg)
July 21, 2020 Opinion or Order Filing 177 ORDER Denying Plaintiff's #170 OBJECTION to the Denial of a Protective Order. Signed by Judge Gonzalo P. Curiel on 7/21/20.(dlg)
July 16, 2020 Opinion or Order Filing 176 ORDER Denying #146 Plaintiff's Objection As to The Denial of His Motion to File Under Seal and Order for E-Mail Service. Signed by Judge Gonzalo P. Curiel on 7/16/2020. (All non-registered users served via U.S. Mail Service)(mme)
July 16, 2020 Opinion or Order Filing 175 OBJECTION by Dale Sundby re #173 Memorandum of Facts and Contentions of Law, . (Sundby, Dale)
July 15, 2020 Opinion or Order Filing 174 Minute ORDER, re #170 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by Dale Sundby, re #156 Order on Motion for Protective Order - Submitted. Motion Hearing set for 7/17/20 - VACATED. (All non-registered users served via U.S. Mail Service)(no document attached) (ksr)
July 15, 2020 Opinion or Order Filing 173 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Attachments: #1 Order)(Slome, Troy) qc email re proposed order (dlg).
July 10, 2020 Opinion or Order Filing 172 REPLY - Other re #171 Response - Other,, #170 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by Dale Sundby, re #156 Order on Motion for Protective Order filed by Dale Sundby. (Sundby, Dale)
July 8, 2020 Opinion or Order Filing 171 RESPONSE re #170 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by Dale Sundby, re #156 Order on Motion for Protective Order filed by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Slome, Troy) (dlg).
July 7, 2020 Opinion or Order Filing 170 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by Dale Sundby, re #156 Order on Motion for Protective Order . (Sundby, Dale) (dlg).
July 2, 2020 Opinion or Order Filing 169 ORDER Setting Briefing Schedule on Motions for Summary Judgment and to Exclude Expert (ECF Nos. #164 , #165 , #166 , #167 ): Any responses are due on or before July 24, 2020. Any replies are due on or before August 7, 2020. The Court sets a hearing for August 28, 2020 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 07/02/2020.(All non-registered users served via U.S. Mail Service)(jcj)
July 1, 2020 Opinion or Order Filing 168 NOTICE of Assigned Hearing Date on Investor Defendants' Previously Filed and Served Motion for Summary Judgment, Or in the Alternative, Partial Summary Judgment by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson re #164 MOTION for Summary Judgment , or In the Alternative, Partial Summary Judgment (Slome, Troy) (dlg).
June 30, 2020 Opinion or Order Filing 167 MOTION for Summary Judgment , MOTION for Partial Summary Judgment by Marquee Funding Group, Inc.. (Attachments: #1 Notice of Motion, #2 Memo of Points and Authorities, #3 Statement of Facts, #4 Exhibit re FAC)(Landau, Lewis) (dlg).
June 30, 2020 Opinion or Order Filing 166 MOTION to Exclude Expert Testimony by Dale Sundby. (Sundby, Dale) (dlg).
June 30, 2020 Opinion or Order Filing 165 Amended MOTION for Summary Judgment , or in the Alternative Partial Summary Judgment, by Dale Sundby. (Attachments: #1 Notice, #2 Memo of Points and Authorities, #3 Statement of Facts, #4 Proof of Service, #5 Declaration [Part 1] [Pages 1-69] Declaration of Dale Sundby, #6 Declaration [Part 2] [Pages 70-120] Declaration of Dale Sundby, #7 Declaration [Part 3] [Pages 121-161] Declaration of Dale Sundby, #8 Declaration [Part 4] [Pages 162-197] Declaration of Dale Sundby, #9 Declaration [Part 5] [Pages 198-219] Declaration of Dale Sundby, #10 Declaration Declaration of Edith Sundby)(Sundby, Dale) (dlg).
June 30, 2020 Opinion or Order Filing 164 MOTION for Summary Judgment , or In the Alternative, Partial Summary Judgment by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Attachments: #1 Notice of Hearing, #2 Memo of Points and Authorities, #3 Statement of Facts, #4 Declaration of Troy Slome, #5 Declaration of R.J. Solovy, #6 Declaration of Jay Hibert)(Slome, Troy) qc email, missing hearing date on caption (dlg).
June 30, 2020 Opinion or Order Filing 163 NOTICE of Vacated Hearing(s) : Status Conference vacated re 162 Notice of Change of Hearing - INCORRECTLY DOCKETED IN THE WRONG CASE. (no document attached) (ksr)
June 30, 2020 Opinion or Order Filing 162 NOTICE of Change of Hearing: TELEPHONIC Status Conference RESET to 7/2/2020 01:45 PM before Judge Gonzalo P. Curiel. The parties shall dial the toll-free number: 1-877-848-7030, and enter the Access Code: 7030611. (All non-registered users served via U.S. Mail Service)(no document attached) (ksr)
June 30, 2020 Opinion or Order Filing 161 Minute ORDER, re #146 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by Dale Sundby, re #144 Order on Motion to File Documents Under Seal,, Order on Motion to Continue - Submitted. Motion Hearing set for 7/1/20 - Vacated. (All non-registered users served via U.S. Mail Service)(no document attached) (ksr)
June 26, 2020 Opinion or Order Filing 160 ORDER (1) Denying Motion for Extension; and (2) Setting Deadline for Defendants to File Notice of Intent to File Supplemental Briefing (ECF No. #150 ). Defendants' Motion to Extend Time for Defendants to File any Motion for Summary Judgment and/or Summary Adjudication in the Case (ECF No. #150 ) is denied. The deadline for Defendants to file any motion for summary judgment and/or summary adjudication remains 6/30/2020. Defendants must file a notice of intent to file supplemental briefing on any pending summary judgment motion to incorporate testimony from Edith Sundby's deposition no later than 7/24/2020. The Court will set a supplemental briefing schedule and hearing date if such a notice is filed. Signed by Magistrate Judge Allison H. Goddard on 6/26/2020. (jrm)
June 25, 2020 Opinion or Order Filing 159 RESPONSE in Support re #150 Joint MOTION for Extension of Time to File Any Motion for Summary Judgment and/or Summary Adjudication filed by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Slome, Troy) (jrm).
June 23, 2020 Opinion or Order Filing 158 REPLY - Other re #144 Order on Motion to File Documents Under Seal,, Order on Motion to Continue, #146 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by Dale Sundby, re #144 Order on Motion to File Documents Under Seal,, Order on Motion to Continue, , #153 Response - Other,, #132 Order to Show Cause, filed by Dale Sundby. (Sundby, Dale)
June 23, 2020 Opinion or Order Filing 157 NOTICE OF INTENT TO FILE RULE 72 OBJECTION by Dale Sundby (Sundby, Dale)
June 23, 2020 Opinion or Order Filing 156 ORDER Denying Plaintiff's #145 Motion for Protective Order. Signed by Magistrate Judge Allison H. Goddard on 6/23/20. (dlg)
June 21, 2020 Opinion or Order Filing 155 SUPPLEMENTAL BRIEFING by Plaintiff Dale Sundby re #132 Order to Show Cause, #139 Sealed Lodged Proposed Document Supplement to Plaintiff's OSC Written Response. (Sundby, Dale) QC email, supplemental document requires court order (dlg).
June 19, 2020 Opinion or Order Filing 154 REPLY to Response to Motion re #145 MOTION for Protective Order filed by Dale Sundby. (Sundby, Dale) (dlg).
June 19, 2020 Opinion or Order Filing 153 RESPONSE re #144 Order on Motion to File Documents Under Seal,, Order on Motion to Continue, #146 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by Dale Sundby, re #144 Order on Motion to File Documents Under Seal,, Order on Motion to Continue, filed by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Slome, Troy) (dlg).
June 17, 2020 Opinion or Order Filing 152 RESPONSE in Opposition re #145 MOTION for Protective Order and Joinder in Investor Defendants' Opposition with Proof of Service filed by Marquee Funding Group, Inc.. (Landau, Lewis) (dlg).
June 17, 2020 Opinion or Order Filing 151 RESPONSE in Opposition re #145 MOTION for Protective Order filed by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Attachments: #1 Declaration of Troy Slome)(Slome, Troy) (dlg).
June 16, 2020 Opinion or Order Filing 150 Joint MOTION for Extension of Time to File Any Motion for Summary Judgment and/or Summary Adjudication by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Marquee Funding Group, Inc., Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Attachments: #1 Declaration of Troy Slome)(Slome, Troy) (dlg).
June 16, 2020 Opinion or Order Filing 149 ORDER Setting Briefing Schedule re #145 MOTION for Protective Order; Requiring Edith Sundby to Appear for Deposition; and Taking MOtion to Modify Order to Show Cause and Issue of Sanctions Under Submission. The Court sets the following expedited briefing schedule on Plaintiff's Motion for Protective Order (ECF No. 145): (1)Any response in opposition to Plaintiffs Motion for Protective Order must be filed by June 17, 2020;(2)Plaintiffs Reply is due by June 19, 2020. Signed by Magistrate Judge Allison H. Goddard on 6/15/20.(dlg)
June 15, 2020 Opinion or Order Filing 148 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Show Cause Hearing held on 6/15/2020. Order to issue. (ECR Liberty Court Recorder 1:51-2:50). (Plaintiff Dale Sundby (pro se)). (Defendant Attorneys Lew Landau for Defendant Marquee Funding Group, Inc.; Troy Slome for Investor Defendants). (Non-party Edith Sundby; Russel Myrick, Attorney for Edith Sundby). (no document attached) (kxm)
June 15, 2020 Opinion or Order Filing 147 ORDER: Denying Plaintiff's Objection as to the Denial of his Motion for Immediate Continuance #140 ; Setting Briefing Schedule as to Plaintiff's Objection to the Denial of his Motion to File Under Seal (ECF Nos. #138 , #146 ). A hearing be set for July 1, 2020. Any response shall be filed on or before June 19, 2020. Any reply shall be filed on or before June 23, 2020. Signed by Judge Gonzalo P. Curiel on 6/15/20.(dlg)
June 15, 2020 Opinion or Order Filing 146 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by Dale Sundby, re #144 Order on Motion to File Documents Under Seal,, Order on Motion to Continue, . (Sundby, Dale)
June 15, 2020 Opinion or Order Filing 145 MOTION for Protective Order by Dale Sundby. (Sundby, Dale)
June 12, 2020 Opinion or Order Filing 144 ORDER Denying #138 Motion to File Documents Under Seal; Ordering Immediate Service by Email of Unredacted Version of Response to Order to Show Cause on Defendant's Counsel; Ordering Immediate Filing of Redacted Version of Response to Order to Show Cause; and Denying #140 Motion to Continue to Show Cause Hearing. Signed by Magistrate Judge Allison H. Goddard on 6/12/20. (dlg)
June 12, 2020 Opinion or Order Filing 143 MOTION MODIFY ORDER TO SHOW CAUSE re #132 Order to Show Cause, by Dale Sundby. (Sundby, Dale)
June 11, 2020 Opinion or Order Filing 142 REPLY to Response to Motion re #138 MOTION to File Documents Under Seal, #140 MOTION to Continue filed by Dale Sundby. (Sundby, Dale) (dlg).
June 11, 2020 Opinion or Order Filing 141 RESPONSE in Opposition re #138 MOTION to File Documents Under Seal, #140 MOTION to Continue filed by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Slome, Troy) (dlg).
June 10, 2020 Opinion or Order Filing 140 MOTION to Continue by Dale Sundby. (Sundby, Dale)
June 10, 2020 Opinion or Order Filing 139 SEALED LODGED Proposed Document re: #138 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted.(Sundby, Dale) (jrd) (anh).
June 10, 2020 Opinion or Order Filing 138 MOTION to File Documents Under Seal (Sundby, Dale) (jrd)
June 8, 2020 Opinion or Order Filing 137 TRANSCRIPT ORDER - For hearing(s) on 4/23/20 & 5/29/20 by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Slome, Troy) (dlg).
June 8, 2020 Opinion or Order Filing 136 DECLARATION re #132 Order to Show Cause, of Troy H. Slome by Defendants Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin, Steven M. Cobin, Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Slome, Troy) (dlg).
June 5, 2020 Opinion or Order Filing 135 TRANSCRIPT ORDER - For hearing(s) on 5-29-20 by Dale Sundby. (Sundby, Dale)
June 5, 2020 Opinion or Order Filing 134 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 5/29/2020 before Magistrate Judge Allison H. Goddard. Court Reporter/Transcriber: Amanda M. LeGore. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/26/2020. Redacted Transcript Deadline set for 7/6/2020. Release of Transcript Restriction set for 9/3/2020. (akr)
June 5, 2020 Opinion or Order Filing 133 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/23/2020 before Magistrate Judge Allison H. Goddard. Court Reporter/Transcriber: Amanda M. LeGore. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/26/2020. Redacted Transcript Deadline set for 7/6/2020. Release of Transcript Restriction set for 9/3/2020. (akr)
June 1, 2020 Opinion or Order Filing 132 ORDER TO SHOW CAUSE. The Telephonic Show Cause Hearing will take place on June 15, 2020 at 1:30 PM before Magistrate Judge Allison H. Goddard in Courtroom 3B. Signed by Magistrate Judge Allison H. Goddard on 6/1/20.(All non-registered users served via U.S. Mail Service)(dlg)
May 29, 2020 Opinion or Order Filing 131 TRANSCRIPT ORDER - For hearing(s) on 4-23-20, 5-29-20 (nxm)
May 29, 2020 Opinion or Order Filing 130 MINUTE ORDER requiring compliance with Rule 45 Subpoena. Non-party Edith Sundby is ORDERED to comply with the Rule 45 Subpoena served on her by counsel for Investor Defendants and noticing her deposition for today, May 29, 2020 at 10:00 AM. Edith Sundby must comply with the subpoena no later than 12:00 PM today, 05/29/2020. Plaintiff is also ORDERED to appear. If Edith Sundby and Plaintiff make no appearance by 12:00 PM, counsel for Investor Defendants may excuse the court reporter and videographer, and the Court will issue an order to show cause why Edith Sundby should not be held in contempt pursuant to Fed. R. Civ. P. 45(g). The Court will also issue an order to show cause directed to Plaintiff if he fails to appear as ordered herein. Plaintiff is further ORDERED to notify Edith Sundby and her attorney of this Order immediately by email. The Court will also provide a copy of this Minute Order to Edith Sundby's purported counsel via email. Signed by Magistrate Judge Allison H. Goddard on 05/29/2020. (All non-registered users served via email). (no document attached) (kxm)
May 29, 2020 Opinion or Order Filing 129 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Discovery Hearing held on 5/29/2020. Plaintiff and non-party Edith Sundby failed to appear to present argument regarding Edith Sundby's failure to comply with the Rule 45 Subpoena commanding her appearance for a deposition today at 10 AM. The Court waited 40 minutes and then placed the hearing on the record. Minute Order requiring compliance to issue. (Court Reporter/ECR ECR Liberty Court Recorder 11:00 - 11:25). (Defendant Attorneys Troy Slome for Investor Defendants; Lewis Landau for Marquee Funding Group, Inc.). (no document attached) (kxm)
May 29, 2020 Opinion or Order Filing 128 MINUTE ORDER Setting Telephonic Discovery Hearing for 5/29/2020 at 10:20 AM before Magistrate Judge Allison H. Goddard. The parties have raised a last-minute issue regarding third party Edith Sundby's deposition, scheduled to begin today at 10:00 AM. The Court will hold a telephonic hearing on the issue today at 10:20 AM. The hearing will be on the record. All parties who wish to be heard must call the chambers teleconference line at 1-877-873-8018 and use access code 8367902 to attend the hearing. Signed by Magistrate Judge Allison H. Goddard on 05/29/2020.(no document attached) (kxm)
April 27, 2020 Opinion or Order Filing 127 ORDER Denying as Moot Plaintiff's #121 Ex Parte Motion for Protective Order. Signed by Magistrate Judge Allison H. Goddard on 04/27/2020. (kxm)
April 24, 2020 Opinion or Order Filing 126 ORDER (1) Denying Investor Defendants' #97 Motion to Amend Scheduling Order; and (2) Denying as Moot Plaintiff's #115 Motion to Strike Reply. Signed by Magistrate Judge Allison H. Goddard on 04/24/2020. (kxm)
April 23, 2020 Opinion or Order Filing 125 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Motion Hearing held on 4/23/2020 re #121 Ex Parte MOTION for Protective Order filed by Dale Sundby. Parties placed their agreements regarding the depositions of Plaintiff and non-party Edith Sundby on the record. The parties' agreements moot the motion. Order to issue. (Court Reporter/ECR Liberty Court Recorder 9:36-9:45). (Plaintiff Dale Sundby (pro se)). (Defendant Attorney Troy Slome for the Investor Defendants). (no document attached) (kxm)
April 21, 2020 Opinion or Order Filing 124 ORDER Continuing Telephonic Hearing on Motion #121 Ex Parte MOTION for Protective Order and related discovery dispute. A Telephonic Hearing to place the parties' agreements regarding the previously outstanding disputes on the record is set for 4/23/2020 at 09:30 AM before Magistrate Judge Allison H. Goddard. Plaintiff and counsel for the Investor Defendants shall call the chambers teleconference line at 1-877-873-8018 and use 8367902 as the access code to attend the hearing. Signed by Magistrate Judge Allison H. Goddard on 04/21/2020.(kxm)
April 20, 2020 Opinion or Order Filing 123 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Motion Hearing held on 4/20/2020 re #121 Ex Parte MOTION for Protective Order filed by Dale Sundby and related email to the Court regarding the same discovery dispute. The Court will continue the Motion Hearing to 4/23/2020 by separate order. (Court Reporter/ECR Liberty Court Recorder 3:02-3:28). (Plaintiff Dale Sundby (pro se)). (Defendant Attorney Troy Slome). (no document attached) (kxm)
April 17, 2020 Opinion or Order Filing 122 ORDER Setting Telephonic Hearing on #121 Ex Parte MOTION for Protective Order : The Court sets a Telephonic Hearing for April 20, 2020 at 3:00 PM. Signed by Magistrate Judge Allison H. Goddard on 4/17/20.(All non-registered users served via U.S. Mail Service)(dlg)
April 16, 2020 Opinion or Order Filing 121 Ex Parte MOTION for Protective Order by Dale Sundby. (Sundby, Dale)
April 14, 2020 Opinion or Order Filing 120 ORDER Granting Motion to Delay Hearing and Briefing on Plaintiffs #105 MOTION for Summary Judgment. The Court vacates Plaintiff's hearing currently setfor May 15, 2020 and AMENDS the briefing schedule on Plaintiffs motion for summaryjudgment as follows: If Plaintiff wishes, he may file an amended motion on or before June 30, 2020. Any responses from Defendants are due on or before July 28, 2020. Any replies are due on or before August 14, 2020. The Court sets a hearing for August 28, 2020 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 4/14/20.(All non-registered users served via U.S. Mail Service)(dlg)
April 10, 2020 Opinion or Order Filing 119 ORDER Extending Time to Complete Additional Discovery. Signed by Magistrate Judge Allison H. Goddard on 4/10/20.(All non-registered users served via U.S. Mail Service)(dlg)
April 7, 2020 Opinion or Order Filing 118 ORDER Denying Plaintiff's #116 Motion for Reconsideration. Signed by Judge Gonzalo P. Curiel on 4/7/20. (All non-registered users served via U.S. Mail Service)(dlg)
April 7, 2020 Opinion or Order Filing 117 OBJECTION by Dale Sundby re #113 Notice of Joinder, Argument No. 4. (Sundby, Dale)
April 7, 2020 Opinion or Order Filing 116 MOTION for Reconsideration re #114 Order on Motion for Order For Relief From a Mistake Arising From Oversight by Dale Sundby. (Sundby, Dale) QC email, missing hearing date and time on motion (dlg).
April 6, 2020 Opinion or Order Filing 115 MOTION to Strike #112 Supplemental Briefing, In the Alternative Leave to File Sur-Reply by Dale Sundby. (Sundby, Dale) (dlg).
April 6, 2020 Opinion or Order Filing 114 ORDER Denying #94 Plaintiff's Objection. Signed by Judge Gonzalo P. Curiel on 4/6/20. (All non-registered users served via U.S. Mail Service)(dlg)
April 6, 2020 Opinion or Order Filing 113 NOTICE of Joinder by Marquee Funding Group, Inc. re #110 Memorandum of Facts and Contentions of Law, Marquee Funding Group, Inc. Joinder in Investor Defendants' Application to Continue Hearing on Plaintiff's Motion for Summary Judgment (Landau, Lewis) (dlg).
April 6, 2020 Opinion or Order Filing 112 Reply re SUPPLEMENTAL BRIEFING by Defendants Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin, Steven M. Cobin, Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson re #110 Memorandum of Facts and Contentions of Law, #111 Objection in Support of Request to Modify Scheduling Order. (Slome, Troy) edited docket text to reflect Reply (dlg).
April 2, 2020 Opinion or Order Filing 111 OBJECTION by Dale Sundby re #110 Memorandum of Facts and Contentions of Law, Defendants Ex Parte Application to Continue Plaintiffs Motion for Summary Judgment. (Sundby, Dale)
April 2, 2020 Opinion or Order Filing 110 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Attachments: #1 Declaration of Troy Slome)(Slome, Troy) (dlg).
April 1, 2020 Opinion or Order Filing 109 ORDER Setting Deadline for Plaintiff to Review and Clarify Previous Production. Signed by Magistrate Judge Allison H. Goddard on 04/01/2020.(kxm)
April 1, 2020 Opinion or Order Filing 108 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Telephonic Discovery Conference held on 4/1/2020. Order to issue. (Plaintiff Dale Sundby (pro se)). (Defendant Attorney Troy Slome for the Investor Defendants). (no document attached) (kxm)
March 30, 2020 Opinion or Order Filing 107 RESPONSE in Opposition re #97 MOTION for Order filed by Dale Sundby. (Sundby, Dale)
March 30, 2020 Opinion or Order Filing 106 ORDER Setting Briefing Schedule re #105 MOTION for Summary Judgment : Any Response shall be filed on or before April 20, 2020. Any reply shall be filed on or before April 27, 2020. A hearing on this matter is scheduled for May 15, 2020 at 1:30 PM in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 3/30/20.(All non-registered users served via U.S. Mail Service)(dlg)
March 30, 2020 Opinion or Order Filing 105 MOTION for Summary Judgment by Dale Sundby. (Attachments: #1 Notice, #2 Memo of Points and Authorities, #3 Statement of Facts, #4 Declaration [Part 1] [Pages 1-69] Dale Sundby, #5 Declaration [Part 2] [Pages 70-120] Dale Sundby, #6 Declaration Part 3] [Pages 121-161] Dale Sundby, #7 Declaration [Part 4] [Pages 162-197] Dale Sundby, #8 Declaration [Part 5] [Pages 198-219] Dale Sundby, #9 Declaration Edith Littlefield Sundby, #10 Proof of Service)(Sundby, Dale) Modified on 7/24/2020 to term motion per DJ Chambers (dlg).
March 24, 2020 Opinion or Order Filing 104 ORDER Setting Telephonic Discovery Conference for 4/1/2020 at 10:00 AM before Magistrate Judge Allison H. Goddard. Plaintiff and counsel for the Investor Defendants shall call the chambers teleconference line at 1-877-873-8018 and use 8367902 as the access code to join the conference. Signed by Magistrate Judge Allison H. Goddard on 03/24/2020.(kxm)
March 18, 2020 Opinion or Order Filing 103 ORDER Denying as Moot #86 Motion for Leave to File Motion to Compel Production. Signed by Magistrate Judge Allison H. Goddard on 03/18/2020. (kxm)
March 18, 2020 Opinion or Order Filing 102 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Telephonic Discovery Conference held on 3/18/2020. Order to issue.(Plaintiff Dale Sundby (pro se)). (Defendant Attorney Lew Landau). (no document attached) (kxm)
March 13, 2020 Opinion or Order Filing 101 OBJECTION by Dale Sundby re #100 Response in Opposition to Motion, Defendants' Request for Further Briefing. (Sundby, Dale)
March 13, 2020 Opinion or Order Filing 100 RESPONSE in Opposition re #94 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by Dale Sundby, re #92 Order, filed by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Slome, Troy) (dlg).
March 12, 2020 Opinion or Order Filing 99 ORDER Setting Briefing Schedule re #97 : Plaintiff's opposition to the Investor Defendants' motion, if any, is due on or before March 30, 2020. The Investor Defendants' reply is due on or before April 6, 2020. Signed by Magistrate Judge Allison H. Goddard on 3/12/20.(All non-registered users served via U.S. Mail Service)(dlg)
March 11, 2020 Opinion or Order Filing 98 ORDER Setting Briefing Schedule and Hearing re #94 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by Dale Sundby, re #92 Order, : ORDER Setting Briefing Schedule and Hearing. The Court orders that any Party wishing to submit further briefing pertaining to Plaintiff's objection must seek leave of the Court. Further, the Court orders a hearing on Plaintiff's objection be scheduled for May 1, 2020 at 1:30 PM in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 3/11/20.(All non-registered users served via U.S. Mail Service)(dlg)
March 11, 2020 Opinion or Order Filing 97 Request to Modify Scheduling Order to Allow Defendants to File an Amended Answer by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Attachments: #1 Declaration of Troy H. Slome)(Slome, Troy) Modified on 3/12/2020 to change to motion and update docket text and send QC email (dlg).
March 9, 2020 Opinion or Order Filing 96 RESPONSE re #95 Declaration, filed by Dale Sundby. (Sundby, Dale)
March 9, 2020 Opinion or Order Filing 95 DECLARATION re #94 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by Dale Sundby, re #92 Order, by Defendants Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin, Steven M. Cobin, Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill (dlg).
March 8, 2020 Opinion or Order Filing 94 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by Dale Sundby, re #92 Order, . (Sundby, Dale) (dlg).
March 6, 2020 Opinion or Order Filing 93 ORDER Vacating Settlement Calls for May 24, 2020. Signed by Magistrate Judge Allison H. Goddard on 3/6/20.(All non-registered users served via U.S. Mail Service)(dlg)
March 4, 2020 Opinion or Order Filing 92 ORDER Extending Discovery Deadline for Limited Purpose of Taking Certain Depositions; and Setting Deadline to Notify the Court of Outcome of Meet-and-Confer Efforts Regarding Depositions. Signed by Magistrate Judge Allison H. Goddard on 3/4/20.(All non-registered users served via U.S. Mail Service)(dlg)
March 3, 2020 Opinion or Order Filing 91 ORDER Setting Deadlines to Meet and Confer by Email Regarding Discovery Dispute; and Setting Telephonic Discovery Conference. The Court sets a Telephonic Discovery Conference for March 18, 2020 at 9:00 AM to discuss the discovery disputes. Signed by Magistrate Judge Allison H. Goddard on 3/3/20.(All non-registered users served via U.S. Mail Service)(dlg)
March 3, 2020 Opinion or Order Filing 90 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Status Conference re: Discovery Disputes held on 3/3/2020. Order to issue. (Plaintiff Dale Sundby (pro se)). (Defendant Attorney Troy Slome for Investor Defendants). (no document attached) (kxm)
March 3, 2020 Opinion or Order Filing 89 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Status Conference re: Discovery Disputes held on 3/3/2020. Order to issue. (Plaintiff Dale Sundby (pro se)). (Defendant Attorney Lew Landau for Defendant Marquee Funding Group, Inc.). (no document attached) (kxm)
March 2, 2020 Opinion or Order Filing 88 ORDER Setting Telephonic Status Conference. The Court sets a Telephonic Status Conference for March 3, 2020 at 4:00 PM to discuss the discovery disputes. Signed by Magistrate Judge Allison H. Goddard on 3/2/20.(All non-registered users served via U.S. Mail Service)(dlg)
February 26, 2020 Opinion or Order Filing 87 ORDER Setting Telephonic Status Conference. The Court sets a Telephonic Status Conference to discuss the discovery disputes underlying Plaintiff's motion for March 3, 2020 at 2:30 PM. Signed by Magistrate Judge Allison H. Goddard on 2/26/20.(All non-registered users served via U.S. Mail Service)(dlg)
February 26, 2020 Opinion or Order Filing 86 MOTION for Leave to File Request for Leave to File Motion to Compel by Dale Sundby. (Sundby, Dale)
February 20, 2020 Opinion or Order Filing 85 ORDER Setting Additional Settlement Calls. The Court sets the following confidential settlement calls for March 24, 2020: (1) The Court will contact Plaintiff at his phone number of record at 12:40 PM PST; (2) The Court will contact Fidelity representative Roger Shiffermiller at 1:00 PM PST at the number the Court has used in the past;1 (3) The Court will contact Lewis Landau, counsel for Defendant Marquee Funding Group, Inc., at his phone number of record at 1:20 PM PST; and (4) The Court will contact Troy Slome, counsel for the Investor Defendants, at his phone number of record at 1:40 PM PST. Signed by Magistrate Judge Allison H. Goddard on 2/20/20.(All non-registered users served via U.S. Mail Service)(dlg)
February 19, 2020 Opinion or Order Filing 84 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Follow-up Settlement Calls held on 2/19/2020. Order setting additional settlement calls to issue. (Plaintiff Dale Sundby (pro se)). (Defendant Attorney Lew Landau for Defendant Marquee Funding Group, Inc.; Troy Slome for Investor Defendants). (Roger Shiffermiller, Representative for Fidelity National Title Insurance). (no document attached) (kxm)
January 29, 2020 Opinion or Order Filing 83 ORDER Setting Confidential Settlement Calls. The Court sets the following confidential settlement calls for February 19, 2020:The Court will contact Plaintiff at his phone number of record at 1:45 PM PST; The Court will contact Fidelity representative Roger Shiffermiller at 2:15 PM PST at the number provided to the Court by Fidelity representative Corlis Chevalier during the ENE; The Court will contact Lewis Landau, counsel for Defendant Marquee Funding Group, Inc., at his phone number of record at 2:45 PM PST; and The Court will contact Troy Slome, counsel for the Investor Defendants, at his phone number of record at 3:15 PM PST. Signed by Magistrate Judge Allison H. Goddard on 1/29/20.(All non-registered users served via U.S. Mail Service)(dlg)
January 28, 2020 Opinion or Order Filing 82 ORDER Denying #62 Motion for Judgment on the Pleadings. Signed by Judge Gonzalo P. Curiel on 1/28/20. (All non-registered users served via U.S. Mail Service)(dlg)
January 28, 2020 Opinion or Order Filing 81 Minute and ORDER, re #62 MOTION for Judgment on the Pleadings - Submitted. Motion Hearing set for 1/31/2020 - VACATED. Written decision will be forthcoming. (no document attached) (ksr)
January 6, 2020 Opinion or Order Filing 80 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Follow-up Settlement Calls held on 1/6/2020. The Court was unable to make progress towards settlement at this juncture, largely due to the parties' differing evaluations of the merits of #62 Plaintiff's Motion for Judgment on the Pleadings. If the Court's resolution of the pending dispositive motion does not dispose of the case, Judge Goddard will reach out to the parties to facilitate further settlement talks at that time. (Plaintiff Dale Sundby (pro se)). (Defendant Attorneys Lew Landau for Defendant Marquee Funding Group, Inc.; Troy Slome for Investor Defendants). (Roger Shiffermiller, Representative for Fidelity National Title Insurance). (no document attached) (kxm)
January 3, 2020 Opinion or Order Filing 79 MINUTE ORDER Resetting Follow-Up Settlement Call with Counsel for Defendant Marquee Funding Group, Inc. Pursuant to an emailed request to chambers, the Court's follow-up settlement call with defense counsel Lewis Landau is RESET for 1/6/2020 at 11:30 AM. The Court will contact Mr. Landau at his phone number of record. All other follow-up settlement calls set for 1/6/2020 in the Court's #70 Scheduling Order will take place as previously scheduled. Signed by Magistrate Judge Allison H. Goddard on 1/3/2020. (no document attached) (kxm)
December 20, 2019 Opinion or Order Filing 78 REPLY to Response to Motion re #62 MOTION for Judgment on the Pleadings Reply to Defendant Marquee's Opposition filed by Dale Sundby. (Sundby, Dale)
December 19, 2019 Opinion or Order Filing 77 REPLY to Response to Motion re #62 MOTION for Judgment on the Pleadings Reply to Lender Defendants' Opposition filed by Dale Sundby. (Attachments: #1 Request for Judicial Notice PART 1: pages 1-141, #2 Request for Judicial Notice PART 2: pages 142-211)(Sundby, Dale)
December 6, 2019 Opinion or Order Filing 76 RESPONSE in Opposition re #62 MOTION for Judgment on the Pleadings and Request to Treat Same as Motion for Partial Summary Judgment and Set Briefing Schedule for Cross Motion Pursuant to Rule 12(d) of the Federal Rules of Civil Procedure filed by Marquee Funding Group, Inc.. (Landau, Lewis) (dlg).
December 5, 2019 Opinion or Order Filing 75 RESPONSE in Opposition re #62 MOTION for Judgment on the Pleadings filed by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Attachments: #1 Declaration of Troy H. Slome)(Slome, Troy) (dlg).
December 2, 2019 Opinion or Order Filing 74 ORDER granting #73 Motion for Extension of Time to File Response/Reply re #62 MOTION for Judgment on the Pleadings . The Court grants the joint motion. Defendants' oppositions are due on or before December 6, 2019, and Plaintiff's reply is due on or before December 20, 2019. Signed by Judge Gonzalo P. Curiel on 12/2/19. (All non-registered users served via U.S. Mail Service)(dlg)
December 2, 2019 Opinion or Order Filing 73 Joint MOTION for Extension of Time to File Response/Reply as to #62 MOTION for Judgment on the Pleadings by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Attachments: #1 Declaration of Troy H. Slome)(Slome, Troy)
December 2, 2019 Opinion or Order Filing 72 NOTICE of Withdrawal of Joint Motion for Extension of Time to file Reply Briefs by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson re #71 Joint MOTION for Extension of Time to File Response/Reply as to #62 MOTION for Judgment on the Pleadings (Slome, Troy) (dlg).
November 27, 2019 Opinion or Order Filing 71 *** WITHDRAWN PER ECF 72 *** Joint MOTION for Extension of Time to File Response/Reply as to #62 MOTION for Judgment on the Pleadings by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Attachments: #1 Declaration of Troy Slome)(Slome, Troy) qc email re missing all parties signatures (dlg). Modified on 12/2/2019 (dlg).
November 26, 2019 Opinion or Order Filing 70 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings: and Order Setting Follow-Up Settlement Calls. A Mandatory Settlement Conference shall be conducted on September 2, 2020 at 2:00 PM in the chambers of Magistrate Judge Allison H. Goddard. The Proposed Final Pretrial Conference Order served and lodged with the assigned district judge by October 16, 2020. The final Pretrial Conference is scheduled on the calendar of the Honorable Gonzalo P. Curiel on October 23, 2020 at 1:30pm. Signed by Magistrate Judge Allison H. Goddard on 11/26/19.(All non-registered users served via U.S. Mail Service)(dlg)
November 25, 2019 Opinion or Order Filing 69 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Early Neutral Evaluation Conference and Case Management Conference held on 11/25/2019. Case did not settle. Scheduling Order to issue.(Plaintiff Attorney Dale Sundby (pro se)). (Defendant Attorney Lew Landau for Defendant Marquee Funding Group, Inc.; Troy Slome for Investor Defendants). (no document attached) (kxm)
November 23, 2019 Opinion or Order Filing 68 JOINT DISCOVERY PLAN by Dale Sundby re #65 Joint Hearing Statement, Plaintiff's Discovery Plan (Sundby, Dale)
November 20, 2019 Opinion or Order Filing 67 JOINT DISCOVERY PLAN by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson re #65 Joint Hearing Statement, (Slome, Troy) (dlg).
November 15, 2019 Opinion or Order Filing 66 DECLARATION of Edith Littlefield Sundby by Plaintiff Dale Sundby. (Sundby, Dale)
November 15, 2019 Opinion or Order Filing 65 JOINT HEARING STATEMENT by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Dolores Thompson. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Slome, Troy) (dlg).
November 13, 2019 Opinion or Order Filing 64 ORDER Denying Plaintiff's #54 Motion to Strike Defenses. Signed by Judge Gonzalo P. Curiel on 11/13/19. (All non-registered users served via U.S. Mail Service)(dlg)
November 4, 2019 Opinion or Order Filing 63 Briefing Schedule ECF No. #62 . Motion for Judgment on the Pleadings hearing set for 1/31/2020 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Responses due by 12/2/2019. Replies due by 12/13/2019. Signed by Judge Gonzalo P. Curiel on 11/04/2019.(jrm)
November 3, 2019 Opinion or Order Filing 62 MOTION for Judgment on the Pleadings by Dale Sundby. (Attachments: #1 Notice, #2 Memo of Points and Authorities, #3 Request for Judicial Notice, #4 Declaration [Part 1][Ex A-K] Sundby Declaration, #5 Declaration [Part 2][Ex L] Sundby Declaration, #6 Declaration [Part 3][Ex M-Q] Sundby Declaration, #7 Declaration [Part 4][Ex R-V] Sundby Declaration, #8 Declaration [Part 5][Ex W-Y] Sundby Declaration, #9 Proof of Service)(Sundby, Dale)
November 1, 2019 Opinion or Order Filing 61 REPLY to Response to Motion re #54 MOTION to Strike #45 Answer to Amended Complaint, #48 Answer to Amended Complaint, #49 Answer to Amended Complaint, filed by Dale Sundby. (Sundby, Dale)
November 1, 2019 Opinion or Order Filing 60 REPLY to Response to Motion re #54 MOTION to Strike #45 Answer to Amended Complaint, #48 Answer to Amended Complaint, #49 Answer to Amended Complaint, filed by Dale Sundby. (Sundby, Dale)
October 18, 2019 Opinion or Order Filing 59 RESPONSE in Opposition re #54 MOTION to Strike #45 Answer to Amended Complaint, #48 Answer to Amended Complaint, #49 Answer to Amended Complaint, filed by Marquee Funding Group, Inc.. (Landau, Lewis) (dlg).
October 18, 2019 Opinion or Order Filing 58 RESPONSE in Opposition re #54 MOTION to Strike #45 Answer to Amended Complaint, #48 Answer to Amended Complaint, #49 Answer to Amended Complaint, filed by Benning Management Group 401(k) Profit Sharing Plan, Salomon Benzimra, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Stanley Kesselman, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Attachments: #1 Declaration of Troy H. Slome)(Slome, Troy) (dlg).
October 16, 2019 Opinion or Order Filing 57 MOTION to Substitute Attorney by Stanley Kesselman. (Morales, Edward) (dlg). Modified on 10/30/2019 to term motion per dj chambers (dlg).
October 15, 2019 Opinion or Order Filing 56 NOTICE of Substitution of Attorney by Salomon Benzimra, Stanley Kesselman (Attachments: #1 Order, #2 Proof of Service)(Morales, Edward) (dlg).
September 25, 2019 Opinion or Order Filing 55 ORDER Setting Briefing Schedule re #54 MOTION to Strike #45 Answer to Amended Complaint, #48 Answer to Amended Complaint, #49 Answer to Amended Complaint, : A hearing on Plaintiff's motion to strike be set for November 15, 2019 at 1:30PM in Courtroom 2D. Oppositions be filed on or before October 18, 2019 and that any reply be filed on or before November 1, 2019. Signed by Judge Gonzalo P. Curiel on 9/25/19.(All non-registered users served via U.S. Mail Service)(dlg)
September 24, 2019 Opinion or Order Filing 54 MOTION to Strike #45 Answer to Amended Complaint, #48 Answer to Amended Complaint, #49 Answer to Amended Complaint, by Dale Sundby. (Attachments: #1 Notice, #2 Memo of Points and Authorities)(Sundby, Dale) (dlg).
September 20, 2019 Opinion or Order Filing 53 ORDER Resetting for Early Neutral Evaluation Conference, and Issuing Pre-Conference Procedures. The Court vacates the ENE currently set for October 30, 2019 at 9:30 AM and resets it for November 25, 2019 at 9:30 AM. Signed by Magistrate Judge Allison H. Goddard on 9/20/19.(All non-registered users served via U.S. Mail Service)(dlg)
September 17, 2019 Opinion or Order Filing 52 Transfer Order. Magistrate Judge Mitchell D. Dembin is no longer assigned. Case reassigned to Magistrate Judge Allison H. Goddard for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 19cv0390-GPC-AHG. Signed by Magistrate Judge Mitchell D. Dembin on 9/17/19.(All non-registered users served via U.S. Mail Service)(dlg)
September 5, 2019 Opinion or Order Filing 51 NOTICE OF WITHDRAWAL OF DOCUMENT by Dale Sundby . (Sundby, Dale) (dlg).
September 4, 2019 Opinion or Order Filing 50 NOTICE AND ORDER for Early Neutral Evaluation and Case Management Conference. An Early Neutral Evaluation and Case Management Conference in the above entitled action will be held on October 30, 2019 at 9:30 a.m. in the Chambers of United States Magistrate Judge Mitchell Dembin. Signed by Magistrate Judge Mitchell D. Dembin on 9/4/19.(All non-registered users served via U.S. Mail Service)(dlg)
September 4, 2019 Opinion or Order Filing 49 ANSWER to #13 Amended Complaint, Demand for Jury Trial by Fasak Investments LLC, Andres Salsido, Dolores Thompson, Kimberly Gill Rabinoff, Christopher Myers, Barbara A. Cobin, Kathleen Myers, Susan L. Cobin, Benning Management Group 401(k) Profit Sharing Plan, Todd B. Cobin, Vickie McCarty, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Jeffrey Myers.(Slome, Troy) (dlg).
September 4, 2019 Opinion or Order Filing 48 ANSWER to #13 Amended Complaint, with Proof of Service by Marquee Funding Group, Inc..(Landau, Lewis) (dlg).
September 4, 2019 Opinion or Order Filing 47 *** WITHDRAWN PER ECF 51 *** Request for Entry of Clerk Default against Marquee Funding Group, Inc.; Jeffrey Myers; Kathleen Myers; Andres Salsido, Trustee; Benning Management Group 401(k) Profit Sharing Plan; Christopher Myers; Vickie McCarty; Dolores Thompson; Kimberly Gill Rabinoff; Steven M. Cobin, Trustee; Susan L. Cobin, Trustee; Equity Trust Company, Custodian FBO Steven M. Cobin Traditional IRA; Todd B. Cobin, Trustee; Barbara A. Cobin, Trustee; Fasack Investments LLC. (Sundby, Dale) Modified on 9/5/2019 (dlg).
September 3, 2019 Opinion or Order Filing 46 CERTIFICATE OF SERVICE by Salomon Benzimra, Stanley Kesselman re #45 Answer to Amended Complaint (Morales, Edward) (dlg).
September 3, 2019 Opinion or Order Filing 45 ANSWER to #13 Amended Complaint, by Salomon Benzimra, Stanley Kesselman.(Morales, Edward)Attorney Edward O. Morales added to party Salomon Benzimra(pty:dft), Attorney Edward O. Morales added to party Stanley Kesselman(pty:dft) (dlg).
August 21, 2019 Opinion or Order Filing 44 ORDER Denying #30 , #31 Marquee Funding Group's Motion to Dismiss and Lender Defendants' Motion to Dismiss. Signed by Judge Gonzalo P. Curiel on 8/20/19. (All non-registered users served via U.S. Mail Service)(dlg)
August 6, 2019 Opinion or Order Filing 43 ORDER,re #31 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure - Submitted. #30 MOTION to Dismiss for Failure to State a Claim with Notice and Proof of Service - Submitted. Motion Hearing set for 8/9/19 - Vacated.(All non-registered users served via U.S. Mail Service)(no document attached) (ksr)
August 5, 2019 Opinion or Order Filing 42 SUMMONS Returned Executed by Dale Sundby. Stanley Kesselman served. (Sundby, Dale)
August 5, 2019 Opinion or Order Filing 41 SUMMONS Returned Executed by Dale Sundby. Salomon Benzimra served. (Sundby, Dale)
July 23, 2019 Opinion or Order Filing 40 Summons Issued re First Amended Complaint. 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. (dlg)
July 10, 2019 Opinion or Order Filing 39 SUR-REPLY - re #36 Reply to Response to Motion filed by Dale Sundby. (Sundby, Dale)
July 3, 2019 Opinion or Order Filing 38 ORDER Granting #37 Motion for Leave to File Sur-Reply. The Court grants Plaintiff's motion for leave to file a sur-reply; such filing is due no later than July 10, 2019, and must not exceed 5 pages in length. Signed by Judge Gonzalo P. Curiel on 7/3/19. (All non-registered users served via U.S. Mail Service)(dlg)
June 25, 2019 Opinion or Order Filing 37 MOTION for Leave to File Sur-reply [or Alternatively] to Strike Marquee's Reply Argument and Evidence by Dale Sundby. (Attachments: #1 [PROPOSED] ORDER)(Sundby, Dale)
June 19, 2019 Opinion or Order Filing 36 REPLY to Response to Motion re #30 MOTION to Dismiss for Failure to State a Claim with Notice and Proof of Service filed by Marquee Funding Group, Inc.. (Landau, Lewis) (dlg).
June 17, 2019 Opinion or Order Filing 35 RESPONSE in Support re #31 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure filed by Benning Management Group 401(k) Profit Sharing Plan, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Slome, Troy) (dlg).
June 8, 2019 Opinion or Order Filing 34 RESPONSE in Opposition re #31 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure filed by Dale Sundby. (Sundby, Dale)
June 2, 2019 Opinion or Order Filing 33 RESPONSE in Opposition re #30 MOTION to Dismiss for Failure to State a Claim with Notice and Proof of Service filed by Dale Sundby. (Attachments: #1 Declaration)(Sundby, Dale)
May 29, 2019 Opinion or Order Filing 32 ORDER Setting Briefing Schedule on Two Motions to Dismiss (ECF Nos. #30 , #31 ). Both motions have been set for hearing on August 9, 2019, at 1:30PM in Courtroom 2D before Judge Gonzalo P. Curiel. Any opposition is due June 12, 2019; any reply is due June 19, 2019. Signed by Judge Gonzalo P. Curiel on 5/29/2019. (tcf)
May 28, 2019 Opinion or Order Filing 31 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure by Benning Management Group 401(k) Profit Sharing Plan, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Fasak Investments LLC, Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson. (Attachments: #1 Notice, #2 Memo of Points and Authorities, #3 Declaration of Troy Slome, #4 Notice of Party with Financial Interest)(Slome, Troy)Attorney Troy H Slome added to party Benning Management Group 401(k) Profit Sharing Plan(pty:dft), Attorney Troy H Slome added to party Barbara A. Cobin(pty:dft), Attorney Troy H Slome added to party Steven M. Cobin(pty:dft), Attorney Troy H Slome added to party Steven M. Cobin(pty:dft), Attorney Troy H Slome added to party Susan L. Cobin(pty:dft), Attorney Troy H Slome added to party Todd B. Cobin(pty:dft), Attorney Troy H Slome added to party Fasak Investments LLC(pty:dft), Attorney Troy H Slome added to party Vickie McCarty(pty:dft), Attorney Troy H Slome added to party Christopher Myers(pty:dft), Attorney Troy H Slome added to party Jeffrey Myers(pty:dft), Attorney Troy H Slome added to party Kathleen Myers(pty:dft), Attorney Troy H Slome added to party Kimberly Gill Rabinoff(pty:dft), Attorney Troy H Slome added to party Andres Salsido(pty:dft), Attorney Troy H Slome added to party Dolores Thompson(pty:dft) (tcf).
May 22, 2019 Opinion or Order Filing 30 MOTION to Dismiss for Failure to State a Claim with Notice and Proof of Service by Marquee Funding Group, Inc.. (Attachments: #1 Memo of Points and Authorities)(Landau, Lewis) (dlg).
May 20, 2019 Opinion or Order Filing 29 WAIVER OF SERVICE Returned Executed by Dale Sundby, as to Benning Management Group 401(k) Profit Sharing Plan. (dlg)
May 20, 2019 Opinion or Order Filing 28 WAIVER OF SERVICE Returned Executed by Dale Sundby, as to Christopher Myers. (dlg)
May 20, 2019 Opinion or Order Filing 27 WAIVER OF SERVICE Returned Executed by Dale Sundby, as to Vickie McCarty. (dlg)
May 20, 2019 Opinion or Order Filing 26 WAIVER OF SERVICE Returned Executed by Dale Sundby, as to Dolores Thompson. (dlg)
May 20, 2019 Opinion or Order Filing 25 WAIVER OF SERVICE Returned Executed by Dale Sundby, as to Kimberly Gill Rabinoff. (dlg)
May 20, 2019 Opinion or Order Filing 24 WAIVER OF SERVICE Returned Executed by Dale Sundby, as to Kathleen Myers. (dlg)
May 20, 2019 Opinion or Order Filing 23 WAIVER OF SERVICE Returned Executed by Dale Sundby, as to Andres Salsido. (dlg)
May 20, 2019 Opinion or Order Filing 22 WAIVER OF SERVICE Returned Executed by Dale Sundby, as to Jeffrey Myers. (dlg)
May 20, 2019 Opinion or Order Filing 21 WAIVER OF SERVICE Returned Executed by Dale Sundby, as to Susan L. Cobin. (dlg)
May 20, 2019 Opinion or Order Filing 20 WAIVER OF SERVICE Returned Executed by Dale Sundby, as to Steven M. Cobin(Custodian). (dlg)
May 20, 2019 Opinion or Order Filing 19 WAIVER OF SERVICE Returned Executed by Dale Sundby, as to Todd B. Cobin. (dlg)
May 20, 2019 Opinion or Order Filing 18 WAIVER OF SERVICE Returned Executed by Dale Sundby, as to Barbara A. Cobin. (dlg)
May 20, 2019 Opinion or Order Filing 17 WAIVER OF SERVICE Returned Executed by Dale Sundby, as to Fasak Investments LLC. (dlg)
May 20, 2019 Opinion or Order Filing 16 WAIVER OF SERVICE Returned Executed by Dale Sundby, as to Steven M. Cobin (dlg)
May 13, 2019 Opinion or Order Filing 15 ORDER Denying Defendants' #10 Motion to Dismiss as Moot. Signed by Judge Gonzalo P. Curiel on 5/10/19. (All non-registered users served via U.S. Mail Service)(dlg)
May 8, 2019 Opinion or Order Filing 14 RESPONSE in Opposition re #10 MOTION to Dismiss for Failure to State a Claim with Notice and Proof of Service filed by Dale Sundby. (Sundby, Dale)
May 8, 2019 Opinion or Order Filing 13 AMENDED COMPLAINT FIRST AMENDED COMPLAINT against Benning Management Group 401(k) Profit Sharing Plan, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Does 1-X, Fasak Investments LLC, Marquee Funding Group, Inc., Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Dolores Thompson, Salomon Benzimra, Stanley Kesselman, filed by Dale Sundby. (Sundby, Dale)
May 8, 2019 Opinion or Order Filing 12 NOTICE of Voluntary Dismissal by Dale Sundby PLATINUM LOAN SERVICING, INC. (Sundby, Dale)
May 7, 2019 Opinion or Order Filing 11 ORDER Setting Briefing Schedule re #10 MOTION to Dismiss for Failure to State a Claim with Notice and Proof of Service : Any opposition to the motion shall be filed on or before May 21, 2019. Any reply is due on or before May 28, 2019. A hearing for the motion is set for June 21, 2019 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 5/7/19.(All non-registered users served via U.S. Mail Service)(dlg)
May 3, 2019 Opinion or Order Filing 10 MOTION to Dismiss for Failure to State a Claim with Notice and Proof of Service by Marquee Funding Group, Inc., Platinum Loan Servicing, Inc.. (Attachments: #1 Memo of Points and Authorities)(Landau, Lewis)Attorney Lewis Raymond Landau added to party Marquee Funding Group, Inc.(pty:dft), Attorney Lewis Raymond Landau added to party Platinum Loan Servicing, Inc.(pty:dft) (tcf).
April 8, 2019 Opinion or Order Filing 9 ORDER Granting #6 Motion for Leave to Electronically File Documents. Signed by Judge Gonzalo P. Curiel on 4/8/19. (All non-registered users served via U.S. Mail Service)(dlg)
March 20, 2019 Opinion or Order Filing 8 WAIVER OF SERVICE Returned Executed by Dale Sundby, as to Platinum Loan Servicing, Inc. (dlg)
March 20, 2019 Opinion or Order Filing 7 WAIVER OF SERVICE Returned Executed by Dale Sundby, as to Marquee Funding Group, Inc.. (dlg)
March 19, 2019 Opinion or Order Filing 6 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney and Supporting Information by Dale Sundby. Nunc pro tunc 3/19/19 (dlg)
March 19, 2019 Opinion or Order Filing 5 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Motion to Allow Electronic Filing by a Party Appearing Without an Attorney and Supporting Information, from Plaintiff Dale Sundby. 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, OTHER: Civ.L. Rule 5.2 - Missing Proof of Service. Nunc Pro Tunc 3/19/19. Signed by Judge Gonzalo P. Curiel on 3/19/19.(All non-registered users served via U.S. Mail Service)(dlg)
February 26, 2019 Opinion or Order Filing 4 MINUTE ORDER OF RECUSAL. Judge Michael M. Anello is no longer assigned. Case reassigned to Judge Gonzalo P. Curiel for all further proceedings. The new case number is 19cv0390-GPC-MDD.(no document attached) (cdw)
February 26, 2019 Opinion or Order Filing 3 AMENDED 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. (lrc)
February 26, 2019 Opinion or Order 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. (lrc)
February 26, 2019 Opinion or Order Filing 1 COMPLAINT against Benning Management Group 401(k) Profit Sharing Plan, Barbara A. Cobin, Steven M. Cobin(Trustee), Steven M. Cobin(Custodian), Susan L. Cobin, Todd B. Cobin, Does 1-X, Fasak Investments LLC, Kimberly Gill Rabinoff, Marquee Funding Group, Inc., Vickie McCarty, Christopher Myers, Jeffrey Myers, Kathleen Myers, Platinum Loan Servicing, Inc., Andres Salsido, Dolores Thompson ( Filing fee $ 400 receipt number 0974-12240318.), filed by Dale Sundby. (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-390-MMA-MDD. Judge Michael M. Anello and Magistrate Judge Mitchell D. Dembin are assigned to the case. (Sundby, Dale)(lrc)(sjt). Modified on 2/27/2019 (lrc).

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Search for this case: Sundby v. Marquee Funding Group, Inc. et al
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Defendant: Susan L. Cobin
Represented By: Vincent J. Davitt
Represented By: Troy H Slome
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Defendant: Todd B. Cobin
Represented By: Vincent J. Davitt
Represented By: Troy H Slome
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Defendant: Dolores Thompson
Represented By: Vincent J. Davitt
Represented By: Troy H Slome
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Defendant: Barbara A. Cobin
Represented By: Vincent J. Davitt
Represented By: Troy H Slome
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Defendant: Kathleen Myers
Represented By: Vincent J. Davitt
Represented By: Troy H Slome
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Defendant: Fasak Investments LLC
Represented By: Vincent J. Davitt
Represented By: Troy H Slome
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Defendant: Platinum Loan Servicing, Inc.
Represented By: Lewis Raymond Landau
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Defendant: Christopher Myers
Represented By: Vincent J. Davitt
Represented By: Troy H Slome
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Defendant: Vickie McCarty
Represented By: Vincent J. Davitt
Represented By: Troy H Slome
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Defendant: Does 1-X
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Defendant: Andres Salsido
Represented By: Vincent J. Davitt
Represented By: Troy H Slome
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Defendant: Kimberly Gill Barbinoff
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Defendant: Steven M. Cobin
Represented By: Vincent J. Davitt
Represented By: Troy H Slome
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Defendant: Benning Management Group 401(k) Profit Sharing Plan
Represented By: Vincent J. Davitt
Represented By: Troy H Slome
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Defendant: Marquee Funding Group, Inc.
Represented By: Lewis Raymond Landau
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Defendant: Jeffrey Myers
Represented By: Vincent J. Davitt
Represented By: Troy H Slome
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Defendant: Kimberly Gill Rabinoff
Represented By: Vincent J. Davitt
Represented By: Troy H Slome
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Defendant: Stanley Kesselman
Represented By: Edward O. Morales
Represented By: Vincent J. Davitt
Represented By: Troy H Slome
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Defendant: Salomon Benzimra
Represented By: Edward O. Morales
Represented By: Vincent J. Davitt
Represented By: Troy H Slome
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Plaintiff: Dale Sundby
Represented By: Dale Sundby
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