The Robert Lattanzio Trust v. Black Rock Coffee Bar, LLC
| The Robert Lattanzio Trust Dated |
| American Arbitration Association, Black Rock Coffee Bar, LLC, George A Finkle and Does 1 to 25 |
| 3:2022cv01260 |
| August 24, 2022 |
| US District Court for the District of Oregon |
| Michael H Simon |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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Filing 50
ORDER - The Court has now resolved the parties' dispute regarding a Protective Order and hereby lifts the suspension of the briefing schedule on the pending question of arbitrability. Defendant shall file its first brief regarding arbitrability not later than October 27, 2022. Both parties shall file their response briefs not later than November 10, 2022. Ordered by Judge Michael H. Simon. Associated Cases: 3:22-cv-01258-SI, 3:22-cv-01259-SI, 3:22-cv-01260-SI (mja)
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Filing 49
Protective Order. Signed on 10/19/2022 by Judge Michael H. Simon. Associated Cases: 3:22-cv-01258-SI, 3:22-cv-01259-SI, 3:22-cv-01260-SI (mja)
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| Filing 48 Reply to Motion for Protective Order (42 in 3:22-cv-01260-SI). Filed by Black Rock Coffee Bar, LLC.Associated Cases: 3:22-cv-01258-SI, 3:22-cv-01259-SI, 3:22-cv-01260-SI (Asai, Kristin) |
| Filing 47 First Memorandum in Opposition to Defendant Black Coffee Bar LLC's to Motion for Protective Order (42 in 3:22-cv-01258-SI, 39 in 3:22-cv-01259-SI, 42 in 3:22-cv-01260-SI). Filed by All Plaintiffs.Associated Cases: 3:22-cv-01258-SI, 3:22-cv-01259-SI, 3:22-cv-01260-SI (Reden, Justin) |
| Filing 46 First Request for Judicial Notice In Support of their Brief on the Issues of Arbitrability. Oral Argument requested. Filed by All Plaintiffs.Associated Cases: 3:22-cv-01258-SI, 3:22-cv-01259-SI, 3:22-cv-01260-SI (Reden, Justin) |
| Filing 45 First Declaration of Justin G. Reden, Esq. Declaration in Support of Plaintiff's Brief On The Issues of Arbitrability. Filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit)Associated Cases: 3:22-cv-01258-SI, 3:22-cv-01259-SI, 3:22-cv-01260-SI (Reden, Justin) |
| Filing 44 Brief Plaintiff's Brief Re Arbitration. Filed by All Plaintiffs. Associated Cases: 3:22-cv-01258-SI, 3:22-cv-01259-SI, 3:22-cv-01260-SI (Reden, Justin) |
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Filing 43
ORDER - Black Rock Coffee Bar has filed a Motion for Entry of Protective Order, which Plaintiffs in the consolidated cases oppose. The Court will accelerate briefing. Plaintiff's memorandum in opposition to Black Rock's motion is due Friday, October 14, and Black Rock may file a reply by October 19. The Court suspends the briefing schedule on the pending question of arbitrability, see ECF 41 , until after the motion for protective order has been resolved. Ordered by Judge Michael H. Simon. Associated Cases: 3:22-cv-01258-SI, 3:22-cv-01259-SI, 3:22-cv-01260-SI (mja)
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| Filing 42 Motion for Protective Order . Filed by Black Rock Coffee Bar, LLC. (Attachments: #1 Proposed Order (Proposed Protective Order))Associated Cases: 3:22-cv-01258-SI, 3:22-cv-01259-SI, 3:22-cv-01260-SI (Asai, Kristin) |
| Filing 41 MINUTES OF TELEPHONE SCHEDULING CONFERENCE: As discussed on the record, Defendant Black Rock Coffee Bar, LLC withdraws all pending motions to dismiss or transfer. ORDER - The Court sets a briefing schedule on all questions of arbitrability as follows: All parties will submit initial briefs not later than October 10, 2022; response briefs will be due by October 24, 2022; and reply briefs are due by November 7, 2022. The Court will endeavor to resolve all issues as appropriate, not later than the end of November. Justin Reden present as counsel for Plaintiff. Kristin M. Asai and Joseph L. Franco present as counsel for Defendant. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. Associated Cases: 3:22-cv-01258-SI, 3:22-cv-01259-SI, 3:22-cv-01260-SI (mja) |
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Filing 40
Scheduling Order - The Court sets a Telephone Status Conference for 9/14/2022 at 10:00 a.m. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. Associated Cases: 3:22-cv-01258-SI, 3:22-cv-01259-SI, 3:22-cv-01260-SI (mja)
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Filing 39
ORDER - Pursuant to the request of the parties, the Court consolidates cases 3:22-cv-1258-SI, 3:22-cv-1259-SI, and 3:22-cv-1260-SI. The Court designates Case No. 3:22-cv-1258-SI as the lead case. Going forward, all motions, documents, and other matters shall be filed in Lead Case No. 3:22-cv-1258-SI. Ordered by Judge Michael H. Simon. (mja)
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| Filing 38 Status Report by All Plaintiffs. Filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Reden, Justin) |
| Filing 37 Status Report by Black Rock Coffee Bar, LLC. Filed by Black Rock Coffee Bar, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Asai, Kristin) |
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Filing 36
ORDER - The Court GRANTS Plaintiff's Motion for Leave to Appear Pro Hac Vice by attorney Justin Reden, ECF #35 . Ordered by Judge Michael H. Simon. (mja)
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| Filing 35 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Justin Reden. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8639914. Filed by The Robert Lattanzio Trust Dated 6/23/2006. (Reden, Justin) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Justin Reden. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8639914 #35 : Reviewed and Ready for Ruling. (ecp) |
| Filing 34 Notice of Attorney Withdrawal: and Substitution of Attorney Filed by Black Rock Coffee Bar, LLC. (Asai, Kristin) |
| Filing 33 Clerk's Notice of Mailing regarding Notice of Non-Admitted Counsel ECF #30 and Order ECF #32 to Plaintiff's Counsel on 8/26/2022. (mja) |
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Filing 32
ORDER - Three related cases, 3:22-cv-1258-SI, 3:22-cv-1259-SI, and 3:22-cv-1260-SI, have been transferred to this Court from the Central District of California. Defendants American Arbitration Association and George A Finkle have been voluntarily dismissed from each lawsuit, leaving only Defendant Black Rock Coffee Bar, LLC. The parties are directed to file by September 2, 2022, a summary of the underlying facts of each case, the status of each case, what (if anything) remains pending in each case for this Court to resolve, whether the pending items are fully briefed, and what (if any) action the parties request the Court take at this time. Further, the parties should indicate whether the three cases should be consolidated for any purpose. Ordered by Judge Michael H. Simon. (mja)
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| Filing 31 Notice of Case Assignment: This case is assigned to Judge Michael H. Simon. (eo) |
| Filing 30 NOTICE TO NON-ADMITTED COUNSEL: This case has been transferred to the U.S. District Court for the District of Oregon from the District of Central District of California. Our records indicate that you are not admitted to practice in the District of Oregon. Admissions information is governed by #LR 83, and information about the admissions process is available on the #admissions page of the Court website.. (eo) |
| Filing 29 Case transferred in from District of California Central; Case Number 8:22-cv-00803. Electronic file received. |
| Filing 28 NOTICE OF DISMISSAL filed by Defendants George A Finkle, American Arbitration Association pursuant to FRCP 41a(1) as to George A Finkle, American Arbitration Association. (Kelson, Bruce) [Transferred from California Central on 8/24/2022.] |
| Filing 27 AMENDED MINUTES held before Judge David O. Carter re: Status Conference #26 . AMENDED 4/27/22. (twdb) [Transferred from California Central on 8/24/2022.] |
| Filing 26 MINUTES OF Status Conference held before Judge David O. Carter: The case is called. The Court and counsel confer. The Courts scheduling order to issue. The Court finds as follows: SEE DOCUMENT FOR FURTHER INFORMATION. (Made JS-6. Case Terminated.) Court Reporter: Court Smart. (twdb) [Transferred from California Central on 8/24/2022.] |
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Filing 25
ORDER by Judge David O. Carter: Granting #22 Non-Resident Attorney Kristin M. Asai APPLICATION to Appear Pro Hac Vice on behalf of Black Rock Coffee Bar, LLC, designating David A. Robinson as local counsel. (twdb) [Transferred from California Central on 8/24/2022.]
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| Filing 24 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: EX PARTE APPLICATION of Non-Resident Attorney Kristin M. Asai to Appear Pro Hac Vice on behalf of Defendant Black Rock Coffee Bar, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33177342) #22 . The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Document is an Application, not an Ex Parte document. Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) [Transferred from California Central on 8/24/2022.] |
| Filing 23 STIPULATION for Extension of Time to File as to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #16 , NOTICE OF MOTION AND MOTION to Dismiss Case Complaint #18 filed by Defendant Black Rock Coffee Bar, LLC. (Attachments: #1 Proposed Order)(Harvey, Jacqueline) [Transferred from California Central on 8/24/2022.] |
| Filing 22 EX PARTE APPLICATION of Non-Resident Attorney Kristin M. Asai to Appear Pro Hac Vice on behalf of Defendant Black Rock Coffee Bar, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33177342) filed by Defendant Black Rock Coffee Bar, LLC. (Attachments: #1 Proposed Order) (Robinson, David) [Transferred from California Central on 8/24/2022.] |
| Filing 21 SCHEDULING NOTICE by Judge David O. Carter Status Conference re Case Consolidation set for 4/25/2022 10:00 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY [Transferred from California Central on 8/24/2022.] |
| Filing 20 RESPONSE filed by Pro Hac Vice attorney Kristin Asai on behalf of Defendant Black Rock Coffee Bar, LLC. RE: Notice of Filing Fee Due. PHV fee N/A. Pro hac vice application forthcoming upon receipt of necessary certificates of good standing. (lt) [Transferred from California Central on 8/24/2022.] |
| Filing 19 RESPONSE filed by Pro Hac Vice attorney J. Matthew Donohue on behalf of Defendant Black Rock Coffee Bar, LLC. RE: Notice of Filing Fee Due. PHV fee N/A. Pro hac vice application forthcoming upon receipt of necessary certificates of good standing. (lt) [Transferred from California Central on 8/24/2022.] |
| Filing 18 NOTICE OF MOTION AND MOTION to Dismiss Case Complaint filed by Defendants American Arbitration Association, George A Finkle. Motion set for hearing on 5/16/2022 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Kelson, Bruce) [Transferred from California Central on 8/24/2022.] |
| Filing 17 DECLARATION of Kristin Asai In Support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #16 filed by Defendant Black Rock Coffee Bar, LLC. (Attachments: #1 Exhibit 1 (Pereboom Decl.), #2 Exhibit 2 (Orange County Complaint), #3 Exhibit 3 (Order on Motion to Quash))(Harvey, Jacqueline) [Transferred from California Central on 8/24/2022.] |
| Filing 16 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Black Rock Coffee Bar, LLC. Motion set for hearing on 5/16/2022 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order) (Harvey, Jacqueline) [Transferred from California Central on 8/24/2022.] |
| Filing 15 NOTICE of Interested Parties filed by Defendant George A Finkle, identifying The Hanover Insurance Group, Inc. (Attorney Bruce B. Kelson added to party George A Finkle(pty:dft))(Kelson, Bruce) [Transferred from California Central on 8/24/2022.] |
| Filing 14 NOTICE of Interested Parties filed by Defendant American Arbitration Association, identifying Nat'l Union Fire Insurance Co. (an AIG Co.). (Attorney Bruce B. Kelson added to party American Arbitration Association(pty:dft))(Kelson, Bruce) [Transferred from California Central on 8/24/2022.] |
| Filing 13 NOTICE of Related Case(s) filed by Defendant Black Rock Coffee Bar, LLC. Combined Notice of Related Cases and Notice Pendency of Other Actions or Proceedings Related Case(s): 8:22-cv-796 and 8:22-cv-797 (Harvey, Jacqueline) [Transferred from California Central on 8/24/2022.] |
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Filing 12
ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 5/20/2022 at 08:30 AM before Judge David O. Carter. (kdu) [Transferred from California Central on 8/24/2022.]
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Filing 11
INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE DAVID O. CARTER by Judge David O. Carter. (kdu) [Transferred from California Central on 8/24/2022.]
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Filing 10
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 8:22-cv-00796-DOC-DFMx. Case transferred from Judge Cormac J. Carney and Magistrate Judge Autumn D. Spaeth to Judge David O. Carter and Magistrate Judge Douglas F. McCormick for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:22-cv-00803-DOC(DFMx). Signed by Judge David O. Carter (dta) [Transferred from California Central on 8/24/2022.]
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| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kristin Asai. 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. (car) [Transferred from California Central on 8/24/2022.] |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney J Matthew Donohue. 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. (car) [Transferred from California Central on 8/24/2022.] |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) [Transferred from California Central on 8/24/2022.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) [Transferred from California Central on 8/24/2022.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Autumn D. Spaeth. (car) [Transferred from California Central on 8/24/2022.] |
| Filing 4 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Southern Division. Case has been assigned to Judge Cormac J. Carney for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Autumn D. Spaeth. New Case Number 8:22-cv-00803-CJC-ADSx. (car) [Transferred from California Central on 8/24/2022.] |
| CONFORMED COPY OF COMPLAINT against Defendants American Arbitration Association, Black Rock Coffee Bar, LLC, Does 1 to 25, George A Finkle., filed by Plaintiff The Robert Lattanzio Trust Dated 6/23/2006. Filed in State Court on 2/8/2022 Submitted with Attachments 1-9 to Notice of Removal #1 (car) [Transferred from California Central on 8/24/2022.] |
| Filing 3 Certification and Notice of Interested Parties NOTICE of Interested Parties filed by Defendant Black Rock Coffee Bar, LLC an Oregon limited liability company, identifying Black Rock Coffee Holdings, LLC. (Harvey, Jacqueline) [Transferred from California Central on 8/24/2022.] |
| Filing 2 CIVIL COVER SHEET filed by Defendant Black Rock Coffee Bar, LLC an Oregon limited liability company. (Harvey, Jacqueline) [Transferred from California Central on 8/24/2022.] |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2022-01244718-CU-PA-CJC Receipt No: ACACDC-33111405 - Fee: $402, filed by Plaintiff Black Rock Coffee Bar, LLC an Oregon limited liability company. (Attachments: #1 Attachment Part 1 Complaint, #2 Attachment Part 2 Complaint, #3 Attachment Part 3 Complaint, #4 Attachment Part 4 Complaint, #5 Attachment Part 5 Complaint, #6 Attachment Part 6 Complaint, #7 Attachment Part 7 Complaint, #8 Attachment Part 8 Complaint, #9 Attachment Part 9 Complaint, #10 Attachment Civil Cover Sheet, #11 Attachment Summons) (Attorney Jacqueline Nicole Harvey added to party Black Rock Coffee Bar, LLC an Oregon limited liability company(pty:dft))(Harvey, Jacqueline) [Transferred from California Central on 8/24/2022.] |
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