Smith v. American Protection Plans, LLC et al
| Burke Smith |
| American Protection Plans, LLC a Florida limited liability company doing business as American Residential Warranty, Joshua Brauser, Michael Brauser and Does 1 through 20 |
| 3:2022cv00016 |
| January 6, 2022 |
| US District Court for the Southern District of California |
| Michael M Anello |
| Nita L Stormes |
| Contract: Other |
| 28 U.S.C. § 1441 bc |
| Both |
Docket Report
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This docket was last retrieved on March 3, 2022. A more recent docket listing may be available from PACER.
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| Filing 16 MOTION to Strike #15 Notice (Other) Surreply Improperly Titled Notice of Amended Complaint by Burke Smith. (Dwin, Evan) (jrm). |
| Filing 15 NOTICE OF FILING FIRST AMENDED COMPLAINT IN RELATED ACTION by American Protection Plans, LLC re #4 MOTION to Change Venue Transfer (Attachments: #1 Exhibit A - First Amended Complaint)(Cosgrove, Ryan) (jrm). |
Filing 14
Minute Order Taking Motion Under Submission: Defendant's #4 MOTION to Change Venue Transfer is currently set for hearing on February 28, 2022. The Court finds this matter suitable for determination on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the hearing shall be taken off calendar. SO ORDERED by Judge Michael M. Anello on February 22, 2022. (mac)
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| Filing 12 REPLY to Response to Motion re #4 MOTION to Change Venue Transfer filed by American Protection Plans, LLC. (Cosgrove, Ryan) (tcf). |
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Filing 13
ORDER Re Stipulation to Extend Deadline for Defendant American Protection Plans, LLC's Reply to Opposition to Motion to Transfer [Doc. No. #11 ]. Defendant shall have up to and including 2/21/2022 in which to file its reply brief. Signed by Judge Michael M. Anello on 2/18/2022. (tcf)
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| Filing 11 MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Change Venue Transfer by American Protection Plans, LLC. (Cosgrove, Ryan) (tcf). |
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Filing 10
ORDER Approving the Pro Hac Vice Application of Justin B. Kaplan, re #9 Request to Appear Pro Hac Vice. Signed by Judge Michael M. Anello on 2/18/2022.(rmc)
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| Filing 9 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16578293.) (Application to be reviewed by Clerk.) (Attachments: #1 Exhibit)(Kaplan, Justin) (rmc). |
| Filing 8 RESPONSE in Opposition re #4 MOTION to Change Venue Transfer filed by Burke Smith. (Attachments: #1 Declaration Declaration of Burke Smith, #2 Declaration Declaration of Evan Dwin)(Dwin, Evan) (tcf). |
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Filing 7
ORDER Re: #6 Notice of Voluntary Dismissal and #3 Motion to Dismiss for Lack of Jurisdiction. The Court DISMISSES Defendants Joshua Brauser and Michael Brauser from this action without prejudice. In light of Plaintiff's notice of voluntary dismissal, Defendants Joshua Brauser and Michael Brauser's motion to dismiss for lack of personal jurisdiction, Doc. No. #3 , is MOOT and the Court therefore VACATES all pending deadlines and the 2/28/2022 hearing as to this motion only. Signed by Judge Michael M. Anello on 2/3/2022. (tcf)
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| Filing 6 Notice of Voluntary Dismissal without Prejudice of Joshua Brauser and Michael Brauser by Burke Smith. (Dwin, Evan) Modified on 2/3/2022 (tcf). |
| Filing 5 ANSWER to Complaint by American Protection Plans, LLC.(Cosgrove, Ryan) (tcf). |
| Filing 4 MOTION to Change Venue Transfer by American Protection Plans, LLC, Joshua Brauser, Michael Brauser. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Evan Rothman, #3 Exhibit 1 to Declaration of Evan Rothman, #4 Exhibit 2 to Declaration of Evan Rothman)(Cosgrove, Ryan) (tcf). |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction Personal by American Protection Plans, LLC, Joshua Brauser, Michael Brauser. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Joshua Brauser, #3 Declaration of Michael Brauser)(Cosgrove, Ryan) (tcf). |
| Filing 2 Corporate Disclosure Statement by American Protection Plans, LLC, Joshua Brauser, Michael Brauser identifying Corporate Parent Michael Brauser, Corporate Parent Joshua Brauser, Corporate Parent Richard Kaufman, Corporate Parent Birchtree Capital, LLC, Corporate Parent Goldstein Enterprises, LLC for American Protection Plans, LLC. (jrd) |
| Filing 1 NOTICE OF REMOVAL With Jury Demand (Filing fee $402.00 receipt number ACASDC-16456343.), filed by American Protection Plans, LLC, Joshua Brauser, Michael Brauser. (Attachments: #1 Exhibit A - Summons and Complaint (State Court))The new case number is 3:22-cv-16-MMA-NLS. Judge Michael M. Anello and Magistrate Judge Nita L. Stormes are assigned to the case.(jrd) |
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