Attisha Enterprises Inc. v. Capital One Bank et al
| Attisha Enterprises Inc. |
| DOES 1 to 25 and Capital One Bank |
| 3:2020cv01366 |
| July 17, 2020 |
| US District Court for the Southern District of California |
| Roger T Benitez |
| Ruben B Brooks |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity Action |
| Both |
Docket Report
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| Filing 31 MINUTE ORDER - Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, this case is dismissed with prejudice. Each party is to bear their own costs and attorney fees.(no document attached) (jpp) |
| Filing 30 Minute Entry by Magistrate Judge Ruben B. Brooks: Settlement Disposition Conference set for 8/18/2021 8:00 AM is vacated. (no document attached) (cdc) |
| Filing 29 Joint MOTION to Dismiss by Attisha Enterprises Inc.. (Lopez, Stephen) (jpp). |
| Filing 28 Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: Settlement Conference held on 7/1/2021. (Plaintiff Attorney Stephen F. Lopez). (Defendant Attorney Hunter R. Eley). A telephonic attorneys-only Settlement Conference set for 8/18/2021 08:00 AM before Magistrate Judge Ruben B. Brooks. Counsel shall participate in the conference by dialing in to the Court's teleconference line (dial in number 877-336-1829, access code 1944316). (no document attached) (cdc) |
| Filing 27 REPORT of Rule 26(f) Planning Meeting. (Lopez, Stephen) (mme). |
Filing 26
SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. Proposed Pretrial Order due by 7/1/2022. Final Pretrial Conference set for 7/11/2022 10:30 AM before Judge Roger T. Benitez. Signed by Magistrate Judge Ruben B. Brooks on 4/27/2021.(mme)
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Filing 25
Order Following Early Neutral Evaluation Conference and Setting Rule 26 Compliance. Early Neutral Evaluation Conference held on 4/27/2021. Signed by Magistrate Judge Ruben B. Brooks on 4/27/2021.(mme)
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| Filing 24 A Settlement Conference is set for 7/1/2021 8:30 AM and will be held via Zoom. All parties, counsel, and client representatives shall participate in the conference using the same Zoom meeting information used for the April 27, 2021 conference. Settlement conference briefs shall be submitted to efile_brooks@casd.uscourts.gov on or before June 28, 2021. (no document attached) (cdc) |
| Filing 23 Minute Entry for proceedings held before Magistrate Judge Ruben B. Brooks: Early Neutral Evaluation Conference and Case Management Conference held on 4/27/2021. (Plaintiff Attorney Stephen F. Lopez). (Defendant Attorney Hunter R. Eley). Written orders to follow. (no document attached) (cdc) |
| Filing 22 NOTICE of Early Neutral Evaluation Conference by Attisha Enterprises Inc. (Lopez, Stephen) (mme). |
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Filing 21
NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation set for 4/27/2021 08:30 AM before Magistrate Judge Ruben B. Brooks. Case Management Conference set for 4/27/2021 08:30 AM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 3/25/2021.(mme)
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| Filing 20 ANSWER to #12 Amended Complaint by Capital One Bank.(Eley, Hunter) (mme). |
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Filing 19
ORDER Granting #18 Joint Motion for Extension of Time for Defendants to Respond to First Amended Complaint. Defendant Capital One shall respond to the Complaint on or before March 26, 2021. Signed by Judge Roger T. Benitez on 3/17/2021 (mme)
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| Filing 18 Joint MOTION for Extension of Time to File Response to First Amended Complaint by Capital One Bank. (Attachments: #1 Proof of Service)(Eley, Hunter) (mme). |
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Filing 17
ORDER Denying #13 Motion to Dismiss. Signed by Judge Roger T. Benitez on 2/22/2021. (mme)
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| Filing 16 Minute Order issued by the Honorable Roger T. Benitez:Submitting #13 MOTION to Dismiss First Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Court to issue written Order. Motion Hearing date of 2/16/2021 is hereby vacated. (no document attached) (gxr) |
| Filing 15 RESPONSE in Support re #13 MOTION to Dismiss First Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure filed by Capital One Bank. (Attachments: #1 Proof of Service)(Eley, Hunter) (mme). |
| Filing 14 RESPONSE in Opposition re #13 MOTION to Dismiss First Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure filed by Attisha Enterprises Inc.. (Lopez, Stephen) (mme). |
| Filing 13 MOTION to Dismiss First Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure by Capital One Bank. (Attachments: #1 Memo of Points and Authorities in Support of its Motion to Dismiss First Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure)(Eley, Hunter) (mme). |
| Filing 12 AMENDED COMPLAINT for Negligence; Violation of California Commercial Code Section 11207 against All Defendants, filed by Attisha Enterprises Inc.. (Lopez, Stephen) (mme). |
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Filing 11
ORDER Granting #7 Motion to Dismiss. Defendant's Motion to Dismiss is granted without prejudice. Plaintiff may file an amended complaint within 14 days of this order. Plaintiff may not add other parties without seeking leave from this Court. Signed by Judge Roger T. Benitez on 12/7/2020. (tcf)
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| Filing 10 Minute Order issued by the Honorable Roger T. Benitez: Submitting #7 MOTION to Dismiss Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Court to issue written Order. Motion Hearing date of 9/28/2020 is hereby vacated. (no document attached) (gxr) |
| Filing 9 RESPONSE in Support re #7 MOTION to Dismiss Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure filed by Capital One Bank. (Attachments: #1 Proof of Service)(Eley, Hunter) (mme). |
| Filing 8 RESPONSE in Opposition re #7 MOTION to Dismiss Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure filed by Attisha Enterprises Inc.. (Lopez, Stephen) |
| Filing 7 MOTION to Dismiss Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure by Capital One Bank. (Attachments: #1 Memo of Points and Authorities in Support of its Motion to Dismiss Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure)(Eley, Hunter) (mme). |
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Filing 6
ORDER Granting #5 Joint Motion for Extension of Time for Defendants to Respond to Complaint. Defendant Capital One shall respond to the Complaint on or before August 24, 2020. Signed by Judge Roger T. Benitez on 7/23/2020. (mme)
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| Filing 5 Joint MOTION for Extension of Time to File Response to Complaint by Capital One Bank. (Attachments: #1 Proof of Service)(Eley, Hunter) (mme). |
| Filing 4 NOTICE TO ADVERSE PARTIES OF REMOVAL OF ACTION TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA UNDER 28 U.S.C. 1441(a) and 28 U.S.C. 1332(a) (DIVERSITY) by Capital One Bank (Attachments: #1 Attachment, #2 Proof of Service)(Eley, Hunter) (mme). |
| Filing 3 CERTIFICATE OF SERVICE by Capital One Bank re #1 Notice of Removal, #2 Notice of Party With Financial Interest (Eley, Hunter) (mme). |
| Filing 2 NOTICE of Party With Financial Interest by Capital One Bank. Identifying Corporate Parent Capital One Financial Corporation for Capital One Bank. (vxc) (dsn) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of the State of California, County of San Diego, case number 37-2020-00013906-CU-BT-CTL. ( Filing fee $ 400 receipt number ACASDC-14178696.), filed by Capital One Bank. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)The new case number is 3:20-cv-1366-BEN-RBB. Judge Roger T. Benitez and Magistrate Judge Ruben B. Brooks are assigned to the case.(vxc) (dsn) |
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