Flores et al v. Austin et al
| Jane Doe, Andrew Flores and Amy Sherlock |
| James Bartell, Lawrence Geraci, Tax & Financial Center, Inc., Elyssa Kulas, John Doe, The City of San Diego, Matthew William Shapiro, Adam C. Witt, Rishi S. Bhatt, Logan Stellmacher, Finch, Thorton, and Baird, Larry, Abhay Schweitzer, Jim, Ferris & Britton APC, 2018FMO, LLC, Gina M. Austin, Alan Claybon, Michael Robert Weinstein, Natalie Trangmy Nguyen, Bradford Harcourt, David S. Demian, Ninus Malan, Salam Razuki, James D. Crosby, Bianca Martinez, Stephen G. Cline, Jessica McElfresh, Joel R. Wohlfeil, Rachel M. Prendergast, DOES 2 through 50, Eulenthias Duane Alexander, Austin Legal Group APC, Scott Toothacre, A-M Industries, Inc., Aaron Magagna, Shawn Miller, Firouzeh Tirandazi, Bartell & Associates, Rebecca Berry, Matthew W. Shapiro, APC, Abhay Schweitzer an individual doing business as Techne, Natalie Trang-My Nguyen, Michael Travis Phelps, Douglas A. Pettit, Julia Dalzell and Does 3 through 50 |
| 3:2020cv00656 |
| April 3, 2020 |
| US District Court for the Southern District of California |
| Cynthia Bashant |
| Daniel E Butcher |
| Linda Lopez |
| Jinsook Ohta |
| Janis L Sammartino |
| Civil Rights: Other |
| 42 U.S.C. § 1983 bv Bivens Non-Prisoner |
| Plaintiff |
Docket Report
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Filing 50
Order by Judge Jinsook Ohta: The attached civil chambers rules will take effect immediately. Parties should especially note the meet and confer requirements prior to obtaining a hearing date for a noticed motion. (smy)
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| Filing 49 RESPONSE re #48 Order on Motion for Order filed by Amy Sherlock. (Attachments: #1 Exhibit A)(Flores, Andres) (anh). |
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Filing 48
Order Denying #43 Ex Parte Motion for Reconsideration and Ordering Plaintiffs to Show Cause why Case Should not be Dismissed for Failure to Prosecute. Signed by Judge Jinsook Ohta on 10/19/2022. (exs)
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| Filing 47 CERTIFICATE OF SERVICE by Amy Sherlock re #45 Request for Judicial Notice, #44 Request for Judicial Notice, #46 Request for Judicial Notice, #43 Ex Parte MOTION for Order Shortening Time (Flores, Andres) (exs). |
| Filing 46 Request for Judicial Notice in Support of Plaintiffs' Ex Parte Application for Order Shortening Time on (1) Motion to Vacate Order or, (2) Alternatively, a Stay of action Volume 3 of 3 (Flores, Andres) (exs). |
| Filing 45 Request for Judicial Notice in Support of Plaintiffs' Ex Parte Application for Order Shortening Time on (1) Motion to Vacate Order or, (2) Alternatively, a Stay of action Volume 2 of 3(Flores, Andres) (exs). |
| Filing 44 Request for Judicial Notice in Support of Plaintiffs' Ex Parte Application for Order Shortening Time on (1) Motion to Vacate Order or, (2) Alternatively, a Stay of Action Volume 1 of 3 (Flores, Andres) (exs). |
| Filing 43 Declaration of Attorney Andrew Flores; ExParte Application for Order Shortening Time on 1) Motion to Vacate Order or 2) Alternatively, a Stay of Action (Attachments: #1 Affidavit Affidavit of Andrew Flores, #2 Affidavit Affidavit of Amy Sherlock)(Flores, Andres)(exs). |
| Filing 42 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 3/23/2022 before Judge Jinsook Ohta. Court Reporter/Transcriber: Abigail R. Torres. 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 7/12/2022. Redacted Transcript Deadline set for 7/22/2022. Release of Transcript Restriction set for 9/19/2022. (akr) |
| Filing 41 TRANSCRIPT ORDER - For hearing(s) on 3/23/2022 by Andrew Flores. (Flores, Andres) |
| Filing 40 TRANSCRIPT ORDER - For hearing(s) on March 23, 2022 by David S. Demian. (Bertsche, Corinne) |
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Filing 39
ORDER Dismissing First Amended Complaint Against Defendants Judge Wohlfeil and F&B Defendants with Prejudice and for Lack of Standing with Leave to Amend. Signed by Judge Jinsook Ohta on 3/23/2022.(axc) (Main Document 39 replaced on 3/23/2022) (axc). (rmc) Modified on 6/29/2022 to link to motions #21 and #27 (rmc).
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| Filing 38 Minute Entry for proceedings held before Judge Jinsook Ohta: Motion Hearing held on 3/23/2022 re #21 MOTION to Dismiss for Failure to State a Claim by SCOTT H. TOOTHACRE, ELYSSA KULAS, RACHEL M. PRENDERGAST and FERRIS & BRITTON APC and filed by Michael Robert Weinstein and #27 MOTION to Dismiss First Amended Complaint with Prejudice filed by Joel R. Wohlfeil. Order to follow. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Andres Flores). (Defendant Attorney Carmela E. Duke; Gregory Brian Emdee). (no document attached) (smy) |
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Filing 37
Minute Order by Judge Jinsook Ohta: The Court sets oral argument on the pending motions to dismiss (Doc. Nos. #21 , #27 ) for March 23, 2022 at 10:00 a.m. in Courtroom 4C. All parties and counsel may appear by videoconference and the courtroom deputy will provide the videoconference information. The Court's tentative decision with regard to Defendant Judge Joel R. Wohlfeil's motion is to dismiss with prejudice. (no document attached) (smy)
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| Filing 36 Motions Submitted on the briefs #21 MOTION to Dismiss for Failure to State a Claim by SCOTT H. TOOTHACRE, ELYSSA KULAS, RACHEL M. PRENDERGAST and FERRIS & BRITTON APC and, #27 MOTION to Dismiss First Amended Complaint with Prejudice. Signed by Judge Jinsook Ohta on 01/19/2022.(no document attached) (mec) |
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Filing 35
ORDER OF TRANSFER: This case is transferred from the calendar of the Honorable Todd W. Robinson (TWR) to the calendar of the Honorable Jinsook Ohta (JO). All pending dates - whether before Judge Robinson or any magistrate judge - remain unchanged. The new case number is 20cv656 JO (DEB). Signed by Judge Todd W. Robinson on 01/03/2022.(jcj)
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| Filing 34 REPLY - Other re #31 Response in Opposition to Motion, #27 MOTION to Dismiss First Amended Complaint with Prejudice filed by Joel R. Wohlfeil. (Attachments: #1 Proof of Service)(Duke, Carmela)(sxa). |
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Filing 33
ORDER Vacating Hearing and Taking Matter Under Submission. Signed by Judge Todd W. Robinson on 4/26/21.(sxa)
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Filing 32
Notice of Document Discrepancies and Order Thereon by Judge Todd W. Robinson Accepting re #31 Response in Opposition to Motion, from Plaintiff Andrew Flores. Non-compliance with local rule(s), Civ. L. Rule 7.1 or 47.1: Date noticed for hearing not in compliance with rules/documents are not timely. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge Todd W. Robinson on 4/26/21.(sxa)
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| Filing 31 RESPONSE in Opposition re #27 MOTION to Dismiss First Amended Complaint with Prejudice by Joel Wohlfeil filed by Andrew Flores, Amy Sherlock. (Flores, Andres) (sxa). |
| Filing 30 REPLY - Other re #27 MOTION to Dismiss First Amended Complaint with Prejudice filed by Joel R. Wohlfeil. (Attachments: #1 Proof of Service)(Duke, Carmela) (sxa). |
| Filing 29 SUR-REPLY - re #28 Order on Motion for Leave to File Document filed by Andrew Flores, Amy Sherlock. (Flores, Andres) QC mail sent on 3/29/2021 re timeliness and incorrect caption (sxa). |
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Filing 28
ORDER Granting #25 Ex Parte Application for Leave to File Sur-Reply. Plaintiffs Must File their sur-reply on or before Friday 3/26/2021. Signed by Judge Todd W. Robinson on 3/22/21. (sxa)
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| Filing 27 MOTION to Dismiss First Amended Complaint with Prejudice by Joel R. Wohlfeil. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice with Exhibits A-I, #3 Declaration of Carmela E. Duke with Exhibit 1, #4 Proof of Service)(Duke, Carmela)Attorney Carmela E. Duke added to party Joel R. Wohlfeil(pty:dft) (sxa). |
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Filing 26
ORDER OF TRANSFER. Judge Cynthia Bashant is no longer assigned. Case reassigned to Judge Todd W. Robinson 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 20-cv-00656-TWR-DEB. Signed by Judge Cynthia Bashant on 9/24/20.(jmo)
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| Filing 25 Ex Parte MOTION for Leave to File Sur-Reply by Andrew Flores. (Attachments: #1 Declaration Flores Declaration, #2 Request for Judicial Notice RJN)(Flores, Andres) (jmo). |
| Filing 24 REPLY to Response to Motion re #21 MOTION to Dismiss for Failure to State a Claim by SCOTT H. TOOTHACRE, ELYSSA KULAS, RACHEL M. PRENDERGAST and FERRIS & BRITTON APC and SCOTT H. TOOTHACRE, ELYSSA KULAS, and FERRIS & BRITTON APC filed by Michael Robert Weinstein. (Emdee, Gregory) (jmo). |
| Filing 23 NOTICE of Errata by Andrew Flores re #22 Response in Opposition to Motion (Flores, Andres) QC email re Errata (dlg). |
| Filing 22 RESPONSE in Opposition re #21 MOTION to Dismiss for Failure to State a Claim by SCOTT H. TOOTHACRE, ELYSSA KULAS, RACHEL M. PRENDERGAST and FERRIS & BRITTON APC and filed by Andrew Flores. (Flores, Andres) (jmo). |
| Filing 21 MOTION to Dismiss for Failure to State a Claim by SCOTT H. TOOTHACRE, ELYSSA KULAS, RACHEL M. PRENDERGAST and FERRIS & BRITTON APC and by Michael Robert Weinstein. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1 Spec. Verdict form No. 1 filed July 16, 2019, #3 Exhibit 2 First Amended Complaint Cotton v Geraci Filed May 13 2020, #4 Exhibit 3 Spec. Verdict form No. 2 filed July 16, 2019, #5 Exhibit 4 Not Entry of Judgment filed Aug 20, 2019, #6 Exhibit 5 Complaint Geraci v Cotton Filed March 21 2017, #7 Exhibit 6 Sec Amend Complaint Geraci v Cotton Filed Aug 25 2017, #8 Exhibit 7 Complaint Cotton v Geraci Filed February 9 2018, #9 Exhibit 8 Complaint Flores v Austin Filed April 3 2020)(Emdee, Gregory) (jmo). Modified on 3/28/2022 (axc). |
| Filing 20 NOTICE of Errata by Michael Robert Weinstein re #12 MOTION to Dismiss for Failure to State a Claim by defendants, Toothacre, Kulas, Prendergast, Ferris & Britton and (Emdee, Gregory) (jmo). |
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Filing 19
ORDER Terminating as Moot Motion to Dismiss (ECF No. #12 ). Signed by Judge Cynthia Bashant on 7/10/20. (jmo)
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| Filing 18 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. (jmo) |
| Filing 17 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Andrew Flores. (Attachments: #1 Exhibit Exhibits to Complaint)New Summons Requested. (Flores, Andres) (jmo). |
| Filing 16 NOTICE OF WITHDRAWAL OF DOCUMENT by Andrew Flores re #15 Amended Complaint, filed by Andrew Flores Docket Number 15. (Flores, Andres) (jmo). |
| Filing 15 **DOCUMENT WITHDRAWN BY FILER PER NOTICE OF WITHDRAWAL #16 ** AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Andrew Flores. (Attachments: #1 Exhibit Exhibits to Complaint)New Summons Requested. (Flores, Andres) **Filer contacted to review and correct amended complaint as to parties on 7/8/2020 (jmo). Modified on 7/10/2020 to withdraw document (jmo). |
| Filing 14 NOTICE OF WITHDRAWAL OF DOCUMENT by Michael Robert Weinstein re #13 MOTION to Dismiss for Failure to State a Claim by defendants, Toothacre, Kulas, Prendergast, Ferris & Britton and filed by Michael Robert Weinstein . (Emdee, Gregory) (jmo). |
| Filing 13 **DOCUMENT WITHDRAWN BY FILER PER NOTICE OF WITHDRAWAL #14 **MOTION to Dismiss for Failure to State a Claim by defendants, Toothacre, Kulas, Prendergast, Ferris & Britton and by Michael Robert Weinstein. (Emdee, Gregory) **QC Mailer sent re: duplicate motion filing. Request to withdraw if docketed in error(jmo). Modified on 7/2/2020 to withdrawal document (jmo). |
| Filing 12 MOTION to Dismiss for Failure to State a Claim by defendants, Toothacre, Kulas, Prendergast, Ferris & Britton and by Michael Robert Weinstein. (Attachments: #1 Request for Judicial Notice in Support of Motion to Dismiss, #2 Exhibit 1 Spec. Verdict form No. 1 filed July 16, 2019, #3 Exhibit 2 First Amended Complaint Cotton v Geraci Filed May 13 2020, #4 Exhibit 3 Spec. Verdict form No. 2 filed July 16, 2019, #5 Exhibit 4 Not Entry of Judgment filed Aug 20, 2019, #6 Exhibit 5 Complaint Geraci v Cotton Filed March 21 2017, #7 Exhibit 6 Sec Amend Complaint Geraci v Cotton Filed Aug 25 2017, #8 Exhibit 7 Complaint Cotton v Geraci Filed February 9 2018)(Emdee, Gregory)Attorney Gregory Brian Emdee added to party Michael Robert Weinstein(pty:dft) (jmo). |
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Filing 11
ORDER of USCA as to the Petition for Writ of Mandamus filed by Jane Doe, Andrew Flores, Amy Sherlock. Petitioners have not demonstrated that this case warrants the intervention of the USCA by means of the extraordinary remedy of mandamus. Accordingly, the petition is denied. Petitioners' motion for injunctive relief is denied as moot. No further filings will be accepted in this closed case. Denied. (akr)
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| Filing 10 USCA Case Number 20-71813 for Petition for Writ of Mandamus filed by Jane Doe, Andrew Flores, Amy Sherlock. (akr) |
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Filing 9
ORDER OF TRANSFER. Magistrate Judge Mitchell D. Dembin is no longer assigned. Case reassigned to Magistrate Judge Daniel E. Butcher for all further Magistrate Judge proceedings. The new case number is 20cv656-BAS-DEB. Signed by Magistrate Judge Mitchell D. Dembin on 5/27/20.(jmo)
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Filing 8
ORDER Denying Motion for Temporary Restraining Order (ECF No. #2 ). Signed by Judge Cynthia Bashant on 4/20/20. (jmo) (dlg).
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Filing 7
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Cynthia Bashant and Magistrate Judge Mitchell D. Dembin for all further proceedings. Judge Dana M. Sabraw and Magistrate Judge Linda Lopez are no longer assigned to this case. Pending hearings previously set before the original Judge(s) have been transferred to the newly assigned Judge(s). Create association to 3:18-cv-00325-BAS-MDD. The new case number is 20cv0656-BAS-MDD. Signed by Judge Dana M. Sabraw on 4/17/2020. Signed by Judge Cynthia Bashant on 4/15/2020. Motions set before Mitchell D. Dembin.(aef)
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| Filing 6 AMENDED DOCUMENT by Andrew Flores. Exhibit 6 to Plaintiff's Complaint. (Flores, Andres) Modified on 4/14/2020 QC mailer sent re improper withdrawal of document (aef). |
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Filing 5
ORDER OF RECUSAL. Judge Janis L. Sammartino is no longer assigned. Case reassigned to Judge Dana M. Sabraw for all further proceedings. The new case number is 20CV0656-DMS(LL). Signed by Judge Janis L. Sammartino on 4/07/2020.(jpp)
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| Filing 4 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. (smd) |
| Filing 3 REQUEST FOR JUDICIAL NOTICE by Jane Doe, Andrew Flores, Amy Sherlock (smd) |
| Filing 2 MOTION for Temporary Restraining Order by Jane Doe, Andrew Flores, Amy Sherlock. (Attachments: #1 Memo of Points and Authorities, #2 part 1, #3 part 2, #4 part 3, #5 part 4, #6 part 5, #7 part 6, #8 Declaration, #9 Exhibit 1)(smd) (sjt). |
| Filing 1 COMPLAINT with Jury Demand against 2018FMO, LLC, A-M Industries, Inc., Eulenthias Duane Alexander, Gina M. Austin, Austin Legal Group APC, James Bartell, Bartell & Associates, Rebecca Berry, Rishi S. Bhatt, Alan Claybon, Stephen G. Cline, James D. Crosby, DOES 2 through 50, David S. Demian, John Doe, Ferris & Britton APC, Finch, Thorton, and Baird, Lawrence Geraci, Bradford Harcourt, Elyssa Kulas, Aaron Magagna, Ninus Malan, Bianca Martinez, Matthew W. Shapiro, APC, Jessica McElfresh, Shawn Miller, Natalie Trangmy Nguyen, Rachel M. Prendergast, Salam Razuki, Abhay Schweitzer, Matthew William Shapiro, Logan Stellmacher, Tax & Financial Center, Inc., The City of San Diego, Firouzeh Tirandazi, Scott Toothacre, Michael Robert Weinstein, Adam C. Witt, Joel R. Wohlfeil ( Filing fee $ 400 receipt number ACASDC-13706618.), filed by Amy Sherlock, Andrew Flores, Jane Doe. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)The new case number is 3:20-cv-656-JLS-LL. Judge Janis L. Sammartino and Magistrate Judge Linda Lopez are assigned to the case. (Flores, Andres)(smd) (sjt). |
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