Kyle Ash et al v. Axos Bank
| Moshe Stempel and Kyle Ash |
| Axos Bank doing business as UFB Direct |
| Gianni Sutaniman |
| 3:2024cv01157 |
| July 3, 2024 |
| US District Court for the Southern District of California |
| Benjamin J Cheeks |
| Robert S Huie |
| Other Statutory Actions |
| 28 U.S.C. § 1331 bc Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 13, 2024. A more recent docket listing may be available from PACER.
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Filing 36
REPLY to Response to Motion re #33 MOTION to Compel Arbitration or, in the Alternative, to Dismiss Class Action Complaint filed by Axos Bank. (Ramsey, Jay) (stn).
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Filing 35
MINUTE ORDER OF TRANSFER. Magistrate Judge Steve B. Chu is no longer assigned. Case reassigned to Magistrate Judge Benjamin J. Cheeks for all further proceedings. The new case number is 24-cv-1157-RSH-BJC.(no document attached) (alns)
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Filing 34
RESPONSE in Opposition re #33 MOTION to Compel Arbitration or, in the Alternative, to Dismiss Class Action Complaint filed by Kyle Ash, Moshe Stempel. (Gold, Sophia) (dim).
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Filing 33
MOTION to Compel Arbitration or, in the Alternative, to Dismiss Class Action Complaint by Axos Bank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Tam iso Motion to Compel, #3 Declaration of Ramsey iso Motion to Compel)(Ramsey, Jay) (alns).
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Filing 32
ORDER Granting Joint Motion To Amend Complaint (ECF No. #30 ). Signed by District Judge Robert S. Huie on 7/26/2024. (alns)
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Filing 31
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE, re #29 Notice of Related Case. Case reassigned to District Judge Robert S. Huie and Magistrate Judge Steve B. Chu for all further proceedings. Chief District Judge Dana M. Sabraw, Magistrate Judge Allison H. Goddard no longer assigned to case. Create association to 3:23-cv-02266-RSH-SBC. The new case number is 24cv1157-RSH-SBC. Signed by Chief District Judge Dana M. Sabraw on 7/17/2024. Signed by Judge Robert S. Huie on 7/17/2024.(ddf)
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Filing 30
AMENDED COMPLAINT with Jury Demand and Stipulation to Amend Complaint against Axos Bank, filed by Kyle Ash, Moshe Stempel. (Attachments: #1 Exhibit Amended Complaint) (Gold, Sophia) (ddf).
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Filing 29
NOTICE OF RELATED CASE(S) by Kyle Ash of case(s) 3:24-cv-259, 3:23-cv-2266, 3:24-cv-445 . (Attachments: #1 Exhibit A - Consolidated Class Action Complaint, #2 Exhibit B - Pliska Complaint)(Kaliel, Jeffrey) (ddf).
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Filing 28
ORDER Setting Briefing Schedule. Signed by Chief District Judge Dana M. Sabraw on 7/8/2024.(ddf)
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Filing 26
Case transferred in from District of California Central; Case Number 8:24-cv-00534. Original file received electronically Modified on 7/5/2024 JPP (rmc).
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Filing 27
Chief District Judge Dana M. Sabraw and Magistrate Judge Allison H. Goddard assigned to transfer case from Central District of California. (no document attached) (jpp)
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Filing 25
ORDER GRANTING STIPULATION TO TRANSFER by Judge John W. Holcomb. The court, after considering the Parties Stipulation to Transfer the matter to the Southern District of California, finding good cause appearing therefor, hereby ORDERS as follows: The Parties Stipulation to Transfer is GRANTED. The Clerk is DIRECTED to TRANSFER above-captioned matter from this Court to the United States District Court for the Southern District of California. IT IS SO ORDERED. Original file, certified copy of the transfer order and docket sheet sent. (MD JS-6. Case Terminated.) (yl) [Transferred from California Central on 7/5/2024.]
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Filing 24
Joint STIPULATION to Change Venue to Southern District of California filed by Plaintiffs Kyle Ash, Moshe Stempel. (Attachments: #1 Proposed Order)(Gold, Sophia) [Transferred from California Central on 7/5/2024.]
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Filing 23
Notice of Errata filed by Defendant Axos Bank. Re Exhibit G to the Declaration of Derek Tam (Ramsey, Jay) [Transferred from California Central on 7/5/2024.]
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Filing 22
Notice of Errata filed by Defendant Axos Bank. (Ramsey, Jay) [Transferred from California Central on 7/5/2024.]
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Filing 21
ORDER SETTING SCHEDULING CONFERENCE by Judge John W. Holcomb. Scheduling Conference set for 7/26/2024 at 9:00 AM before Judge John W. Holcomb. (cla) [Transferred from California Central on 7/5/2024.]
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Filing 20
NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant Axos Bank Axos Bank. Motion set for hearing on 7/26/2024 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Declaration iso Motion and Exhibits A-G, #2 Declaration iso Motion and Exhibits H-I, #3 Proposed Order Granting Motion) (Attorney Jay T Ramsey added to party Axos Bank(pty:dft)) (Ramsey, Jay) [Transferred from California Central on 7/5/2024.]
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Filing 19
Notice to Compel Arbitration or, in the Alternative, to Transfer Action filed by Defendant Axos Bank. (Attachments: #1 Declaration Tam with Exhibits A-G, #2 Declaration Ramsey with Exhibits H-I, #3 Proposed Order)(Ramsey, Jay) [Transferred from California Central on 7/5/2024.]
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Filing 18
ORDER DISCHARGING ORDER TO SHOW CAUSE ("OSC") by Judge John W. Holcomb: The Court has received Plaintiff's Declaration [ECF No. 17], filed in response to the Courts OSC re Dismissal for Lack of Prosecution [ECF No. 16]. The Court accepts the response and hereby orders the OSC DISCHARGED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY [Transferred from California Central on 7/5/2024.]
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Filing 17
RESPONSE filed by Plaintiffs Kyle Ash, Moshe Stempelto Minutes of In Chambers Order/Directive - no proceeding held,,,, #16 (Edelsberg, Scott) [Transferred from California Central on 7/5/2024.]
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Filing 15
WAIVER OF SERVICE Returned Executed filed by plaintiff Kyle Ash, Moshe Stempel. upon Axos Bank waiver sent by Plaintiff on 4/15/2024, answer due 6/14/2024. Waiver of Service signed by Polly Towill. (Edelsberg, Scott) [Transferred from California Central on 7/5/2024.]
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Filing 14
Notice of Withdrawal of Service of Summons and Complaint Returned Executed (21 days), #12 filed by Plaintiff Kyle Ash, Moshe Stempel. (Edelsberg, Scott) [Transferred from California Central on 7/5/2024.]
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Filing 16
(IN CHAMBERS) Order to Show Cause re Dismissal for Lack of Prosecution by Judge John W. Holcomb: In the present case, it appears that Plaintiff served the summons and complaint on one or more Defendants more than 21days ago (60 days if the Defendant is the United States), but such Defendant(s) did not file an answer or otherwise respond to the complaint. Accordingly, the Court, on its own motion, hereby orders Plaintiff to show cause in writing on or before May 3, 2024, why this action should not be dismissed, with respect to each Defendant who has not filed an answer or otherwise responded to the complaint. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the court finds that this matter is appropriate for submission without oral argument. This Order to Show Cause will be discharged if Plaintiff files, before the deadline set forth above, a request for the entry of default with respect to the applicable Defendant(s). Fed. R. Civ. Proc. SS(a). IT IS SO ORDERED. (yl) [Transferred from California Central on 7/5/2024.]
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Filing 13
NOTICE of Related Case(s) filed by Plaintiff in Related Action Gianni Sutaniman. Related Case(s): Sutaniman v. Axos Bank, d/b/a UFB Direct, Case No. 3:23-cv-02266-RSH-SBC, (S.D. Cal. Dec. 12, 2023) (Seifert, Joshua) [Transferred from California Central on 7/5/2024.]
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Filing 12
PROOF OF SERVICE Executed by Plaintiff Kyle Ash, Moshe Stempel, upon Defendant Axos Bank served on 3/22/2024, answer due 4/12/2024. Service of the Summons and Complaint were executed upon John Montijo, Authorized Employee to accept service in compliance with Federal Rules of Civil Procedure by personal service (Edelsberg, Scott) [Transferred from California Central on 7/5/2024.]
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Filing 11
STANDING ORDER by Judge John W. Holcomb. (cla) [Transferred from California Central on 7/5/2024.]
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Filing 10
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Gabriel Mandler on behalf on Plaintiffs. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) [Transferred from California Central on 7/5/2024.]
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Filing 9
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Chris Gold on behalf on Plaintiffs. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) [Transferred from California Central on 7/5/2024.]
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Filing 8
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Axos Bank. (ghap) [Transferred from California Central on 7/5/2024.]
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Filing 7
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) [Transferred from California Central on 7/5/2024.]
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Filing 6
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) [Transferred from California Central on 7/5/2024.]
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Filing 5
NOTICE OF ASSIGNMENT to District Judge John W. Holcomb and Magistrate Judge John D. Early. (ghap) [Transferred from California Central on 7/5/2024.]
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Filing 4
NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, (Edelsberg, Scott) [Transferred from California Central on 7/5/2024.]
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Filing 3
Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Kyle Ash, Moshe Stempel. (Edelsberg, Scott) [Transferred from California Central on 7/5/2024.]
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Filing 2
CIVIL COVER SHEET filed by Plaintiffs Kyle Ash, Moshe Stempel. (Edelsberg, Scott) [Transferred from California Central on 7/5/2024.]
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Filing 1
COMPLAINT Receipt No: ACACDC-37082324 - Fee: $405, filed by Plaintiff Kyle Ash, Moshe Stempel. (Attorney Scott Edelsberg added to party Kyle Ash(pty:pla), Attorney Scott Edelsberg added to party Moshe Stempel(pty:pla))(Edelsberg, Scott) [Transferred from California Central on 7/5/2024.]
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