Sprout Financial LLC v. CapFund Enterprises Incorporated et al
| Sprout Financial LLC |
| CapFund Enterprises Incorporated a Delaware corporation doing business as CapFund Financial, Jennifer Sciara, Brian Sciara and Funded LLC |
| 2:2021cv00309 |
| February 24, 2021 |
| US District Court for the District of Nevada |
| Jennifer A Dorsey |
| Nancy J Koppe |
| Personal Property: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 10, 2021. A more recent docket listing may be available from PACER.
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Filing 34
ORDER to Consolidate Cases. It is ORDERED that 2:21-cv-00309-JAD-NJK is consolidated under 2:18-cv-01700-DJA. All further filings shall be filed in the lead case: 2:18-cv-01700-DJA. Signed by Judge Jennifer A. Dorsey on 3/10/2021. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 33 NOTICE of Filing of Stipulation to Consolidate Cases in Related Case by Sprout Financial LLC. (Kunimoto, Bryce) |
| Filing 32 NOTICE OF RELATED CASES 2:18-cv-01700-DJA by Plaintiff Sprout Financial LLC. (Kunimoto, Bryce) |
| Filing 31 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 2/24/2021. This action was received on* 2/24/21* pursuant to a court order directing transfer from the* DISTRICT OF ARIZONA* and assigned case number 2:21-cv-00309-JAD-NJK. All future documents must bear said correct case number. Verified Petition due by 3/10/2021. Joint Status Report due by 3/26/2021. (Copies have been distributed pursuant to the NEF - JQC) |
| Filing 30 Case transferred in from District of Arizona; Case Number 2:19-cv-05226. Original file with transfer order and docket sheet received. (JQC) |
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Filing 29
ORDER - Pending before the Court is the parties' Joint Motion to Transfer (Doc. #28 ). Good cause appearing, IT IS ORDERED that the Joint Motion to Transfer (Doc. #28 ) is granted. IT IS FURTHER ORDERED that the Clerk of Court shall transfer this matter to the United States District Court for the District of Nevada and terminate this case in the District of Arizona. Signed by Judge Steven P Logan on 2/23/2021. (WLP) [Transferred from Arizona on 2/24/2021.]
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| Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Nancy J. Koppe. (JQC) |
| Filing 28 Joint MOTION to Change Venue/Transfer Case to District of Nevada by Sprout Financial LLC. (Attachments: #1 Text of Proposed Order Order granting Joint Motion to Transfer)(Rosenbaum, David) [Transferred from Arizona on 2/24/2021.] |
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Filing 27
ORDER: The Motion to Substitute #21 is granted. Anthony P. Sgro, Jennifer Willis Arledge, and Alanna C. Bondy of Sgro & Roger are substituted as counsel of record for Defendants. Signed by Judge Steven P. Logan on 2/16/2021. (LMR) [Transferred from Arizona on 2/24/2021.]
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Filing 26
AMENDED ORDER: The stay on this action is lifted. The parties shall file either a Motion to Transfer or Status Report no later than February 26, 2021. Signed by Judge Steven P. Logan on 2/16/2021. (LMR) [Transferred from Arizona on 2/24/2021.]
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Filing 25
*AMENDED BY DOC. #26 * ORDER: The stay on this action is lifted. The parties shall file either a Motion to Transfer or Status Report no later than February 26, 2021. Signed by Judge Steven P. Logan on 2/16/2021. (LMR) Modified on 2/16/2021 (LMR). [Transferred from Arizona on 2/24/2021.]
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| Filing 24 STATUS REPORT Joint by Sprout Financial LLC. (Roth, Joseph) [Transferred from Arizona on 2/24/2021.] |
| Filing 23 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Douglas F Behm. (Behm, Douglas) [Transferred from Arizona on 2/24/2021.] |
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Filing 22
ORDER: The Joint Motion to Extend #20 is granted. The parties shall file a joint status report by February 5, 2021, indicating whether they are prepared to have the stay lifted and to go forward with the case, as well as what the next procedural step is and when it will be completed. Signed by Judge Steven P. Logan on 1/28/2021. (LMR) [Transferred from Arizona on 2/24/2021.]
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| Filing 21 * MOTION to Substitute Attorney filed by CapFund Enterprises Incorporated, Funded LLC, Brian Sciara, Jennifer Sciara. *Modified to correct event, attorney noticed on 1/28/2021 (MHW). [Transferred from Arizona on 2/24/2021.] |
| Filing 20 First MOTION to Continue Filing of Joint Status Report by Brian Sciara. (Attachments: #1 Text of Proposed Order Order)(Behm, Douglas) [Transferred from Arizona on 2/24/2021.] |
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Filing 19
ORDER: On or before January 22, 2021 the parties shall file a joint status report indicating whether they are prepared to have the stay lifted and to go forward with the case, as well as what the next procedural step is and when it will be completed. Signed by Judge Steven P. Logan on 1/8/2021. (LMR) [Transferred from Arizona on 2/24/2021.]
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| Filing 18 NOTICE re: Joint Notice re Ninth Circuit Decision by Sprout Financial LLC re: #17 Order on Motion to Stay . (Attachments: #1 Exhibit 9th Circuit Memorandum)(Roth, Joseph) [Transferred from Arizona on 2/24/2021.] |
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Filing 17
ORDER: Defendants' Motion to Stay Applying First to File Rule #11 is granted in full. The proceedings in this case are stayed pending resolution of the appeal filed with the United States Court of Appeals for the Ninth Circuit.The parties shall inform the Court of the outcome in the appeal, within 7 business days of the decision by the Ninth Circuit. See order for details. Signed by Judge Steven P Logan on 3/26/2020. (LMR) [Transferred from Arizona on 2/24/2021.]
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| Filing 16 NOTICE re: Notice of Filing of Appeal by CapFund Enterprises Incorporated, Funded LLC, Brian Sciara, Jennifer Sciara . (Lundvall, Pat) [Transferred from Arizona on 2/24/2021.] |
| Filing 15 NOTICE re: Defendants' Motion to Stay by Sprout Financial LLC re: #11 MOTION to Stay Applying First to File Rule . (Attachments: #1 Exhibit A)(Roth, Joseph) [Transferred from Arizona on 2/24/2021.] |
| Filing 14 REPLY to Response to Motion re: #11 MOTION to Stay Applying First to File Rule filed by CapFund Enterprises Incorporated, Funded LLC, Brian Sciara, Jennifer Sciara. (Lundvall, Pat) [Transferred from Arizona on 2/24/2021.] |
| Filing 13 RESPONSE in Opposition re: #11 MOTION to Stay Applying First to File Rule PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO STAY filed by Sprout Financial LLC. (Attachments: #1 Exhibit 1)(Roth, Joseph) [Transferred from Arizona on 2/24/2021.] |
| Filing 12 Corporate Disclosure Statement by Sprout Financial LLC. (Roth, Joseph) [Transferred from Arizona on 2/24/2021.] |
| Filing 11 MOTION to Stay Applying First to File Rule by CapFund Enterprises Incorporated, Funded LLC, Brian Sciara, Jennifer Sciara. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Text of Proposed Order)(Lundvall, Pat) [Transferred from Arizona on 2/24/2021.] |
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Filing 10
ORDER granting a one-time extension of time to respond to complaint. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendant's answer to the complaint after the extension. Defendants' time to respond to the complaint is extended to October 4, 2019. No further extensions will be granted. Signed by Judge Steven P Logan on 10/3/2019. (LMR) [Transferred from Arizona on 2/24/2021.]
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| Filing 9 PLAINTIFF'S DEMAND for Jury Trial by Sprout Financial LLC. (Roth, Joseph) [Transferred from Arizona on 2/24/2021.] |
| Remark: Pro hac vice motion(s) granted for Robert J Cassity on behalf of Plaintiff Sprout Financial LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 2/24/2021.] |
| Remark: Pro hac vice motion(s) granted for Bryce Kunimoto on behalf of Plaintiff Sprout Financial LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 2/24/2021.] |
| Remark: Pro hac vice motion(s) granted for Pat Lundvall on behalf of Defendants CapFund Enterprises Incorporated, Funded LLC, Brian Sciara, Jennifer Sciara. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 2/24/2021.] |
| Filing 8 First MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint by CapFund Enterprises Incorporated, Funded LLC, Brian Sciara, Jennifer Sciara. (Attachments: #1 Text of Proposed Order)(Behm, Douglas) [Transferred from Arizona on 2/24/2021.] |
| Filing 7 NOTICE re: Compliance by Sprout Financial LLC re: #6 Order [PLAINTIFF'S NOTICE OF COMPLIANCE]. (Londen, Phillip) [Transferred from Arizona on 2/24/2021.] |
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Filing 6
PRELIMINARY ORDER: Plaintiff(s) must promptly serve a copy of this Order and its Attachments on Defendant(s) and file notice of service with the Clerk of Court. In accordance with the MIDP General Order, the parties must exchange MIDP Responses and file notice of service with the Clerk of Court no later than thirty (30) days after the first responsive pleading (an answer, counterclaim, crossclaim, and/or reply) is filed. (See Order for details.) Signed by Judge Steven P Logan on 9/20/2019. (Attachments: #1 MIDP Notice to Parties)(MMO) [Transferred from Arizona on 2/24/2021.]
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| Filing 5 NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Sprout Financial LLC. (MCO) [Transferred from Arizona on 2/24/2021.] |
| Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MCO) [Transferred from Arizona on 2/24/2021.] |
| Filing 3 Filing fee paid, receipt number 0970-17422161. This case has been assigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV-19-5226-PHX-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) [Transferred from Arizona on 2/24/2021.] |
| Filing 2 Corporate Disclosure Statement by CapFund Enterprises Incorporated, Funded LLC. (Behm, Douglas) (MCO) [Transferred from Arizona on 2/24/2021.] |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV 2019 011501. Filing fee received: $ 400.00, receipt number 0970-17422161 filed by Brian Sciara, Jennifer Sciara, Funded LLC, CapFund Enterprises Incorporated. (Behm, Douglas) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit)(MCO) [Transferred from Arizona on 2/24/2021.] |
| ***STATE COURT RECOREDS RECEIVED***SERVICE EXECUTED : Certificate of Service re: Summons/Complaint/Certificate of Compulsory Arbitration upon Jennifer Sciara and Brian Sciara on 9/4/2019. Summons/Complaint/Certificate of Compulsory Arbitration upon CapFund Enterprises, Inc. c/o Pintar Albiston LLP - Registered agent Angelique Gilbreath Paralegal on 8/22/2019. Summons/Complaint/Certificate of Compulsory Arbitration upon Funded LLC c/o Sierra Corporate Services, Registered Agent on 8/28/2019. (MCO) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. [Transferred from Arizona on 2/24/2021.] |
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