CJCLive, LLC. v. Braziel
| CJCLive, LLC. |
| Reginal Braziel |
| 2:2019cv01593 |
| September 11, 2019 |
| US District Court for the District of Nevada |
| Kent J Dawson |
| Brenda Weksler |
| Personal Property: Other |
| Plaintiff |
Docket Report
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Filing 44
REPORT AND RECOMMENDATION and ORDER. IT IS RECOMMENDED that plaintiff's claims be DISMISSED based on Plaintiff's failure to respond to the court's February 4, 2021 order to show cause. IT IS HEREBY ORDERED that by April 30, 2021, defendant Reginal Braziel must file a notice informing the Court whether he intends to prosecute his counterclaims in this matter. Objections to R&R due by 4/23/2021. Signed by Magistrate Judge Brenda Weksler on 4/9/2021. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 42 Mail Returned as Undeliverable re 40 Minute Order, addressed to CJCLive, LLC, c/o John Rustin 1005 Jennis Silver Las Vegas, NV 89145. (HAM) |
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Filing 43
ORDER Re: #41 Mail Returned. IT IS ORDERED that Plaintiff must file a notice with its current address with the Court by March 12, 2021. Failure to comply with this order may result in a recommendation to the district judge that this case be dismissed. Signed by Magistrate Judge Brenda Weksler on 3/5/2021. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 41 Mail Returned as Undeliverable re 39 Minute Order, addressed to CJCLive, LLC. c/o John Rustin 1005 Jennis Silver Las Vegas, NV 89145. (HAM) |
| Filing 40 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 2/4/2021. On November 12, 2020, the Court held a hearing on a motion to withdraw filed by former counsel for plaintiff CJC Live, LLC. ECF No. 38. The Court granted the former counsel's motion and ordered CJC Live to obtain counsel within 30 days. Id. The Court explained to CJC Live that because it is an LLC, it can appear in court only through an attorney. Id.; In re Am. W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994). That deadline lapsed, and CJC Live did not obtain counsel. Thus, on January 15, 2021, the Court issued a minute order reminding CJC Live of its obligation to obtain counsel. ECF No. 39. The Court gave CJC Live until January 29, 2021, to comply with the November 12, 2020 order and file a discovery plan and scheduling order. Id. That deadline has lapsed, and CJC Live failed to comply again.IT IS THEREFORE ORDERED that by March 5, 2021, CJC Live must show cause, in writing, why sanctions--including claim-terminating sanctions--should not issue for failure to follow the Court's orders and prosecute this action. The order to show cause may be satisfied by engaging an attorney and having that attorney file an appearance and a proposed DPSO by March 5, 2021. Failure to comply with this order will result in a recommendation to the district judge that CJC Live's claims be dismissed.(no image attached) (Copies have been distributed pursuant to the NEF - DCh) |
| Filing 39 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 1/15/2021. In November 2020 this Court granted a motion to withdraw filed by plaintiff CJC Live, LLC's counsel. ECF No. 38. The Court gave CJC Live until December 14, 2020, to acquire new counsel because, as an LLC, CJC Live may appear in court only through an attorney. See In re Am. W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994). The December 14 deadline has lapsed and CJC Live did not comply. IT IS THEREFORE ORDERED that by January 29, 2021, CJC Live must have its counsel file a notice of appearance and have counsel file a discovery plan and scheduling order. Failure to meet this deadline will result in an order to show cause why this case should not be dismissed for failure to follow the Court's order and prosecute this case.IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to update CJC Live's contact information using the contact information listed on page 2 of ECF No. [34-1]. Finally, IT IS ORDERED that the Clerk of Court is kindly directed to send CJC Live a copy of this minute order. (no image attached) (Copies have been distributed pursuant to the NEF - DCh) |
| Filing 38 MINUTES OF PROCEEDINGS - Motion Hearing held on 11/12/2020 before Magistrate Judge Brenda Weksler. Crtrm Administrator: Jeff Miller; Pla Counsel: Francis Arenas, Esq.; Def Counsel: Reginald Braziel, Pro Se; Time of Hearing: 11:00am; Electronic Court Recorder Operator: Liberty/ECRO; Recording start and end times: 11:02:50 - 11:06:03; Courtroom: 3B; Due to ongoing concerns for health and safety during the Covid-19 pandemic, all parties appear remotely at these proceedings. The Court scheduled these proceedings regarding Plaintiff's Counsel's Motion to Withdraw as Attorney #34 . The Court summarizes the previous proceedings. The Court advises the Plaintiff that, as CJCLive is an LLC, he must be represented by counsel. IT IS ORDERED: Plaintiff's Counsel's Motion to Withdraw as Attorney #34 is GRANTED. Plaintiff will have 30 days from today's date for new counsel to make an appearance in this case. The parties will have 45 days from today's date to file a new Proposed Discovery Plan and Scheduling Order. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 37 MINUTES OF PROCEEDINGS - Motion Hearing held on 11/6/2020 before Magistrate Judge Brenda Weksler. Crtrm Administrator: Jeff Miller; Pla Counsel: Francis Arenas, Esq.; Def Counsel: Reginald Braziel, Pro Se; Time of Hearing: 10:00am; Electronic Court Recorder Operator: Liberty/ECRO; Recording start and end times: 10:04:58 - 10:10:18; Courtroom: 3B; RE: #34 First MOTION to Withdraw as Attorney by Michael M. Lin for Plaintiff CJCLive, LLC.. Due to ongoing concerns for health and safety during the Covid-19 pandemic, all parties appear via videoconference at these proceedings. Mr. John Rustin is not present at these proceedings, and the hearing cannot proceed without him. This matter will be rescheduled, and John Rustin's appearance will be mandatory for those proceedings. IT IS ORDERED: Motion Hearing rescheduled for 11/12/2020 at 11:00 AM in LV Courtroom 3B before Magistrate Judge Brenda Weksler. Parties may appear in person or via Zoom videoconference, and shall email Courtroom Administrator Jeff Miller at jeff_miller@nvd.uscourts.gov with the email address(es) to send their videoconference invitation to by no later than noon on 11/09/2020. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 36 CERTIFICATE OF SERVICE for 35 Minute Order,,,, by Plaintiff CJCLive, LLC.. (Lin, Michael) |
| Filing 35 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 10/14/2020. IT IS ORDERED that a hearing on this matter is set for 11/6/2020 at 10:00 AM before Magistrate Judge Brenda Weksler. The hearing will operate as both a status check and as a motion hearing on the motion to withdraw at ECF No. #34 . The hearing will take place via Zoom videoconference. To receive a Zoom invitation, counsel and the parties must contact courtroom administrator Jeff Miller at jeff_miller@nvd.uscourts.gov no later than noon on the day prior to the hearing and no sooner than one week prior to the hearing. IT IS FURTHER ORDERED that counsel, individual parties, and plaintiff's representative must attend. Counsel and the parties must be prepared to discuss the status of this case. IT IS FURTHER ORDERED that plaintiff's counsel must serve a copy of this minute order upon his client. (no image attached) (Copies have been distributed pursuant to the NEF - DCh) |
| Filing 34 First MOTION to Withdraw as Attorney by Michael M. Lin for Plaintiff CJCLive, LLC.. (Attachments: #1 Proposed Order Order to Withdraw As Counsel) (Lin, Michael) |
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Filing 33
ORDER Denying #27 Motion for Order to Show Cause and #28 Motion for Reconsideration. Signed by Judge Kent J. Dawson on 7/24/2020. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 32 ANSWER/Reply to #29 Answer to Complaint, Counterclaim filed by CJCLive, LLC..(Lin, Michael) Modified docket text on 12/5/2019 (MMM). |
| Filing 31 RESPONSE to #27 Motion for Order to Show Cause, filed by Defendant Reginal Braziel. Replies due by 12/3/2019. (ADR) |
| Filing 30 RESPONSE to #28 Motion for Reconsideration, filed by Defendant Reginal Braziel. Replies due by 12/3/2019. (ADR) |
| Filing 29 ANSWER to #1 Complaint, COUNTERCLAIM against CJCLive, LLC. by Reginal Braziel. filed by Reginal Braziel. (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2)(ADR) |
| Filing 28 First MOTION for Reconsideration by Plaintiff CJCLive, LLC.. Responses due by 12/2/2019. (Attachments: #1 Exhibit) (Lin, Michael) |
| Filing 27 First MOTION for Order to Show Cause by Plaintiff CJCLive, LLC.. Responses due by 12/2/2019. (Attachments: #1 Exhibit) (Lin, Michael) |
| Filing 26 TRANSCRIPT of Proceedings, 23 Order on Motion for Preliminary Injunction,,,,,,, Order on Motion for Return of Property,,,,,,, Order on Motion to Dismiss,,,,,,, Motion Hearing,,,,,,, Preliminary/Permanent Injunction Hearing,,,,,, Court Reporter: Shayna Montgomery - SM@nvd.uscourts.gov. Recording start and end times: 9:09 a.m. - 10:22 a.m.. Any Redaction Request is due by 12/6/2019. Redacted Transcript Deadline is set for 12/16/2019. Release of the Transcript Restriction is set for 2/13/2020. Before release date, the transcript may be viewed at the court public terminal or purchased through the court reporter. The Transcript Order form is available on the court website. After that date it may be obtained through the court reporter or PACER. (SM) (Main Document 26 replaced on 11/15/2019) (SM). |
| Filing 25 TRANSCRIPT of Proceedings, 21 Miscellaneous Hearing,, Court Reporter: Shayna Montgomery. Recording start and end times: 9:33 a.m. - 9:42 a.m.. Any Redaction Request is due by 12/6/2019. Redacted Transcript Deadline is set for 12/16/2019. Release of the Transcript Restriction is set for 2/13/2020. Before release date, the transcript may be viewed at the court public terminal or purchased through the court reporter. The Transcript Order form is available on the court website. After that date it may be obtained through the court reporter or PACER. (SM) (Main Document 25 replaced on 11/15/2019) (SM). |
| Filing 24 NOTICE; filed by CJCLive, LLC.. (Lin, Michael) |
| Filing 23 MINUTES OF PROCEEDINGS - Preliminary/Permanent Injunction Hearing held on 11/7/2019 before Judge Kent J. Dawson. Crtrm Administrator: D. Saavedra; Pla Counsel: Francis Arenas; Def Counsel: Reginal Braziel; Court Reporter: Shayna Montomery; Time of Hearing: 9:09 a.m. -10:22 a.m.; Courtroom: 4A; The Court makes preliminary remarks as to defendant's motions. The motion for leave to file motion to dismiss is not required by the rules. The Court finds that Defendant has consented to the jurisdiction of the Court and accepted service of process. The Court further finds that Plaintiff alleged sufficient facts to state a claim for relief. Therefore, the Court DENIES Defendants Motion to Dismiss #20 . The Court hears representations from counsel as to Motion for Preliminary Injunction #5 and Application for Order to Show Cause #7 . Mr. Arenas makes representations for plaintiff. Mr. Braziel makes representations. Defense witnesses Maria Lilbeth Digal and Hany Daoud are called to the witness stand. As stated on the record, Plaintiff did not meet the criteria for entry of Preliminary Injunction or for entry of a Writ of Replevin. IT IS ORDERED Motion for Preliminary Injunction #5 and Application for Order to Show Cause #7 , are DENIED. IT IS FURTHER ORDERED Defendant Reginal Braziel is required to file an answer to the complaint. (no image attached) (Copies have been distributed pursuant to the NEF - DXS) Modified on 11/12/2019 -mailed copy of minutes to Reginal Braziel to address listed 2414 Sullivan, Irvine, CA(DXS). |
| Filing 22 MINUTE ORDER IN CHAMBERS of the Honorable Judge Kent J. Dawson on 11/6/2019. Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to #20 Motion to Dismiss,,. Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. (Copies have been distributed pursuant to the NEF - ADR) |
| Filing 21 MINUTES OF PROCEEDINGS before Judge Kent J. Dawson. Crtrm Administrator: D. Saavedra; Pla Counsel: Francis Arenas; Def Counsel: Reginal Braziel; Court Reporter: Shayna Montgomery; Time of Hearing: 9:33 a.m. - 9:42 a.m.; Courtroom: 4A; Parties are present. Representations from counsel are heard. Plaintiff needs additional time to review Motion and Responses filed on 11/6/19. Motion Hearing is continued to 11/7/2019 at 09:00 AM in LV Courtroom 4A before Judge Kent J. Dawson. (no image attached) (Copies have been distributed pursuant to the NEF - DXS) |
| Filing 20 MOTION to Dismiss, filed by Defendant Reginal Braziel. Responses due by 11/20/2019. Discovery Plan/Scheduling Order due by 12/21/2019. (Attachments: #1 Exhibit- Restricted access per LR IC 6-1, #2 Hearing Request)(Additional attachment(s) added on 11/6/2019: #3 Exhibit Part 2) (ADR). (ADR) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 19 RESPONSE to #8 Motion Shorten Time re re 7 Motion for Return of Property, filed by Defendant Reginal Braziel. (ADR) |
| Filing 18 RESPONSE to #7 Motion for Return of Property, filed by Defendant Reginal Braziel. Replies due by 11/13/2019. (ADR) |
| Filing 17 RESPONSE to #6 Motion to Shorten Time re #5 MOTION for Preliminary Injunction, filed by Defendant Reginal Braziel. (ADR) |
| Filing 16 RESPONSE to #5 Motion for Preliminary Injunction, filed by Defendant Reginal Braziel. Replies due by 11/13/2019. (ADR) |
| Filing 15 CERTIFICATE OF SERVICE for #5 Motion for Preliminary Injunction, #6 Motion to Extend/Shorten Time, #8 Motion to Extend/Shorten Time, #7 Motion for Return of Property by Plaintiff CJCLive, LLC.. (Attachments: #1 Exhibit) (Lin, Michael) |
| Filing 14 NOTICE of Entry of Order by CJCLive, LLC. re #10 Order on Motion to Extend/Shorten Time,,,. (Lin, Michael) |
| Filing 13 NOTICE Of Entry of Order by CJCLive, LLC. re #9 Order on Motion to Extend/Shorten Time,,,. (Lin, Michael) |
| Filing 12 NOTICE by CJCLive, LLC. re #10 Order on Motion to Extend/Shorten Time,,,. (Lin, Michael) |
| Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Judge Kent J. Dawson on 11/4/2019. By Deputy Clerk: D. Saavedra. Re: #7 First MOTION for Return of Property amd #5 MOTION for Preliminary Injunction. Motion Hearing set for 11/6/2019 at 09:30 AM in LV Courtroom 4A before Judge Kent J. Dawson. (no image attached) (Copies have been distributed pursuant to the NEF - DXS) |
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Filing 10
ORDER Granting #6 Motion to Shorten Time Re: #5 Motion for Preliminary Injunction. Motion Hearing reset for 11/6/2019 at 09:30 AM in LV Courtroom 4A before Judge Kent J. Dawson. Signed by Judge Kent J. Dawson on 11/4/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing 9
ORDER Granting #8 Motion to Shorten Time Re: #7 Motion for Return of Property. Motion Hearing reset for 11/6/2019 at 09:30 AM in LV Courtroom 4A before Judge Kent J. Dawson. Signed by Judge Kent J. Dawson on 11/4/2019. (Copies have been distributed pursuant to the NEF - ADR)
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| Filing 8 First MOTION to Shorten Time re #7 Motion for Return of Property by Plaintiff CJCLive, LLC.. (Attachments: #1 Exhibit, #2 Proposed Order) (Lin, Michael) |
| Filing 7 First MOTION for Return of Property by Plaintiff CJCLive, LLC.. Responses due by 11/14/2019. (Attachments: #1 Exhibit) (Lin, Michael) |
| Filing 6 First MOTION to Shorten Time re #5 Motion for Preliminary Injunction by Plaintiff CJCLive, LLC.. (Attachments: #1 Exhibit, #2 Proposed Order) (Lin, Michael) |
| Filing 5 MOTION for Preliminary Injunction; filed by Plaintiff CJCLive, LLC.. Responses due by 11/14/2019. (Attachments: #1 Exhibit) (Lin, Michael) |
| Filing 4 SUMMONS Returned Executed by CJCLive, LLC.. Reginal Braziel served on 9/29/2019, answer due 10/20/2019. (Lin, Michael) |
| Filing 3 Summons Issued as to Reginal Braziel re #1 Complaint. (ADR) |
| Filing 2 CERTIFICATE of Interested Parties by CJCLive, LLC.. There are no known interested parties other than those participating in the case (Lin, Michael) |
| Filing 1 COMPLAINT against Reginal Braziel (Filing fee $400 receipt number 0978-5699048) by CJCLive, LLC.. Proof of service due by 12/10/2019. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Declaration)(Lin, Michael) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Case randomly assigned to Judge Kent J. Dawson and Magistrate Judge Brenda Weksler. (ADR) |
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| Plaintiff: CJCLive, LLC. | |
| Represented By: | Michael M Lin |
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| Defendant: Reginal Braziel | |
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