Berland, et al. v. The Conclave, LLC, et al.
Petitioner: Laurita Berland and Brian G. Berland
Respondent: The Conclave, LLC
In Re: JAMS Arbitration Reference No. 1200051334
Case Number: 3:2020cv00922
Filed: May 21, 2020
Court: US District Court for the Southern District of California
Presiding Judge: William V Gallo
Referring Judge: Marilyn L Huff
Nature of Suit: Other Statutory Actions
Cause of Action: 09:0009
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 21, 2020 Filing 4 Minute Entry for proceedings held before Judge Marilyn L. Huff: Telephonic Status Hearing held on 5/21/2020. Petitioners agreed to file the petition publicly. The motion to file the petition under seal is therefore denied as moot. (Doc. No. #2 .) The Court will issue a separate written briefing schedule. Counsel provided email addresses to the Court to receive service in this case. (Court Reporter/ECR Lynnette Lawrence). (Petitioner Attorneys Thomas C. Frost; Craig H. Wendland). (Respondent Attorney Ryan Bell making a special appearance). (Cross-Respondent Attorney Michael Brown). (no document attached) (smy)
May 21, 2020 Filing 2 MOTION to Petition Under Seal by Brian G. Berland, et al. (Attachments: #1 Declaration of Thomas C. Frost in Support Thereof)(rmc)
May 21, 2020 Filing 1 Petition to Confirm Temporary Restraining Award Issued by Arbitrator by Brian G. Berland, et al. (no document attached) (rmc)
May 20, 2020 Filing 3 Minute Entry for proceedings held before Judge Marilyn L. Huff: Ex Parte Telephonic Status Hearing held on 5/20/2020. The Court issues the following minute order:On May 20, 2020, the Court held an ex parte status hearing in this case as the petition was submitted for filing under seal. At the hearing, the Court raised specific concerns and noted certain deficiencies regarding the petition. Accordingly, the Court orders the petitioner to show cause why this Court has jurisdiction over this matter. See B.C. v. Plumas Unified Sch. Dist., 192 F.3d 1260, 1264 (9th Cir. 1999) ("[F]ederal courts are required sua sponte to examine jurisdictional issues such as standing."); Bernhardt v. Cnty. of Los Angeles, 279 F.3d 862, 868 (9th Cir. 2002) (same). Furthermore, the Court permits the petitioner to cure deficiencies identified at the hearing and may schedule a further hearing with the Court after addressing the concerns raised by the Court. Absent good cause, the Court prefers that future hearings be conducted with the participation of the respondents in this case. See United States v. Real Prop. Located at 22 Santa Barbara Drive, 264 F.3d 860, 870 (9th Cir. 2001) ("[E]x parte proceedings are appropriate only in a narrow set of circumstances[.]"). (Court Reporter/ECR Lynnette Lawrence). (Petitioner Attorney Craig H. Wendland). (no document attached) (smy)

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Petitioner: Laurita Berland
Represented By: Thomas C Frost
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Petitioner: Brian G. Berland
Represented By: Thomas C Frost
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Respondent: The Conclave, LLC
Represented By: Brian C. Johnson
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In re: JAMS Arbitration Reference No. 1200051334
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