Balboa Capital Corporation v. Doctor Nhue Ho Home Visits LLC et al
| Balboa Capital Corporation |
| Doctor Nhue Ho Home Visits LLC, DOEs 1 through 10, inclusive, Nhue Ho, Nhue Ho MD PLLC, Does 1 through 100 and Ascentium Capital LLC |
| 3:2018cv00920 |
| April 12, 2018 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| XX US, Outside State |
| Barbara MG Lynn |
| Barbara M G Lynn |
| Contract: Other Contract |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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Filing 86
Memorandum Opinion and Order: For the foregoing reasons, Ascentium's Partial Motion to Dismiss is GRANTED, and Balboa's Motion for Leave to File a Fourth Amended Complaint is DENIED. Balboa's claim for fraud by nondisclosure is dismissed in each of the consolidated cases. (Ordered by Chief Judge Barbara M. G. Lynn on 8/25/2021) (mjr)
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| Filing 85 RESPONSE filed by Ascentium Capital LLC re: #81 (Document Restricted) Plaintiff's Motion for Leave to File Fourth Amended Complaint (Sealed pursuant to order dated 8/14/2020) (Leu, Jordan) |
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Filing 84
SEVENTH AMENDED SCHEDULING ORDER: These cases have been consolidated for pretrial purposes only. The trial date and trial-related deadlines for each case will be set at a later date. Motions due by 8/27/2021. Fact Discovery due by 7/5/2021. Expert Discovery due by 9/13/2021. (Ordered by Chief Judge Barbara M. G. Lynn on 4/14/2021) (axm)
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Filing 83
ORDER: Plaintiff's Partially Agreed Motion to Amend Scheduling Order (ECF No. 322) is GRANTED IN PART. The Court will enter a separate Scheduling Order extending the pending deadlines in this case by 60 days. IT IS FURTHER ORDERED that Plaintiff's Motion for Leave to File Fourth Amended Complaint (ECF No. 319) is DENIED. (Ordered by Chief Judge Barbara M. G. Lynn on 4/14/2021) (axm)
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| Filing 82 RESPONSE filed by Ascentium Capital LLC re: #81 (Document Restricted) Plaintiff's Motion for Leave to File Fourth Amended Complaint. (Sealed pursuant to order dated 8/14/2020) (Leu, Jordan) |
| Filing 81 (Document Restricted) Plaintiff's Motion for Leave to File Fourth Amended Complaint (Sealed pursuant to order dated 8/14/2020) filed by Balboa Capital Corporation (Attachments: #1 Exhibit(s) A, #2 Proposed Order) (Strother, Justin) |
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Filing 80
ORDER re: #79 Supplemental Brief in support of its request for attorneys' fees in the amount of $38,362.60 The Court finds that Plaintiff has presented sufficient evidence in support of its requested attorneys' fees. (Ordered by Chief Judge Barbara M. G. Lynn on 11/23/2020) (mjr)
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| Filing 79 Brief/Memorandum in Support filed by Balboa Capital Corporation re #77 Order,, (Attachments: #1 Exhibit(s) Exhibit 1) (Strother, Justin) |
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Filing 78
FINAL JUDGMENT: In the Order dated August 17, 2020, the Court granted Plaintiff's Motion for Partial Summary Judgment. [ECF No. #73 ]. The Court enters this Final Judgment in favor of Plaintiff and against Defendants Doctor Nhue Ho Home Visits, LLC, Nhue Ho, M.D., PLLC, and Nhue Ho. (Ordered by Chief Judge Barbara M. G. Lynn on 10/16/2020) (ndt)
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Filing 77
ORDER: For the foregoing reasons, the Court finds that Plaintiff has presented sufficient evidence in support of an award of damages reflecting the unpaid principal owed by Defendants, prejudgment interest at a contractual rate, postjudgment interest at the applicable federal rate, and reasonable attorneys' fees. Defendants Ho Home Visits, Ho PLLC, and Nhue Ho are jointly and severally responsible for payment to Plaintiff of the unpaid principal amount. (Ordered by Chief Judge Barbara M. G. Lynn on 10/16/2020) (ndt)
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| Filing 76 Brief/Memorandum in Support filed by Balboa Capital Corporation re #73 Order on Motion for Partial Summary Judgment, Supplemental Brief in Support of Damages (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4) (Strother, Justin) |
| Filing 75 ANSWER to #74 Amended Complaint,, filed by Ascentium Capital LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Jordan W Leu added to party Ascentium Capital LLC(pty:dft) (Leu, Jordan) |
| Filing 74 AMENDED COMPLAINT Third Amended Complaint against All Defendants filed by Balboa Capital Corporation. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s)) (Strother, Justin) |
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Filing 73
ORDER granting in part #58 Motion for Partial Summary Judgment. Plaintiff's Motion for Partial Summary Judgment on its claims for breach of contract against Defendant Ho Home Visits and for breach of guaranty against Defendants Dr. Ho and Ho PLLC are GRANTED as to liability. The Court will address Plaintiff's damages and attorneys' fees after Plaintiff's supplemental briefing. (Ordered by Chief Judge Barbara M. G. Lynn on 8/18/2020) (axm)
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Filing 72
FOURTH AMENDED SCHEDULING ORDER: Motions due by 1/29/2021. Fact Discovery due by 12/4/2020. Expert Discovery due by 2/15/2021. (Ordered by Chief Judge Barbara M. G. Lynn on 8/14/2020) (mjr)
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Filing 71
AGREED PROTECTIVE ORDER. (Ordered by Chief Judge Barbara M. G. Lynn on 8/14/2020) (axm)
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| Filing 70 MOTION to Amend/Correct #65 Scheduling Order, Fourth Joint Motion to Amend Scheduling Order filed by Balboa Capital Corporation (Attachments: #1 Proposed Order) (Strother, Justin) |
| Filing 69 NOTICE of Subpoena to Univest Capital, Inc. filed by Balboa Capital Corporation (Strother, Justin) |
| Filing 68 NOTICE of Subpoena to Regions Bank filed by Balboa Capital Corporation (Strother, Justin) |
| Filing 67 Joint Submission on Discovery Matters Notice of Agreed Extension of Discovery Deadlines in Third Amended Scheduling Order by Balboa Capital Corporation. Related document: #65 Scheduling Order,. (Strother, Justin) |
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Filing 66
ORDER: Plaintiff's Unopposed Motion for Withdrawal and Substitution of Counsel. IT IS ORDERED that McGlinchey Stafford, PLLC is permitted to withdraw, and Thomas M. Hanson, Daniel T. Plunkett, and Sanford P. Shatz are hereby terminated as counsel for Plaintiff Balboa Capital Corporation in all of the above matters. IT IS FURTHER ORDERED that Diamond McCarthy LLP is substituted in as counsel of record for Plaintiff Balboa Capital Corporation in all of the above matters. Allan B. Diamond is hereby designated as lead attorney and Mark K. Sales and Justin Strother are hereby designated as attorneys to be noticed. (Ordered by Chief Judge Barbara M. G. Lynn on 6/1/2020) (axm)
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Filing 65
THIRD AMENDED SCHEDULING ORDER: These cases have been consolidated for pretrial purposes only. The trial date and trial-related deadlines for each case will be set at a later date. Dispositive Motions due by 11/30/2020. By 8/6/2020, all fact discovery shall be completed. By 11/16/2020, all expert discovery shall be completed. (Ordered by Chief Judge Barbara M. G. Lynn on 5/15/2020) (aaa)
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| Filing 64 NOTICE of No Response re: #58 MOTION for Partial Summary Judgment , #59 Brief/Memorandum in Support of Motion filed by Balboa Capital Corporation (Hanson, Thomas) |
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Filing 63
SECOND AMENDED SCHEDULING ORDER granting 245 Second Joint Motion to Amend Scheduling: These cases have been consolidated for pretrial purposes only. The trial date and trial-related deadlines for each case will be set at a later date. Dispositive Motions due by 11/6/2020. By 6/22/2020, all fact discovery shall be completed. By 10/2/2020, all expert discovery shall be completed. (Ordered by Chief Judge Barbara M. G. Lynn on 1/16/2020) (ykp)
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| Filing 62 Request for Removal from Court's CM/ECF Filing Service Lists (rekc) |
| Filing 61 WAIVER OF SERVICE Returned Executed as to Ascentium Capital LLC. Waiver sent on 11/22/2019. (Hanson, Thomas) |
| Filing 60 Appendix in Support filed by Balboa Capital Corporation re #59 Brief/Memorandum in Support of Motion (Hanson, Thomas) |
| Filing 59 Brief/Memorandum in Support filed by Balboa Capital Corporation re #58 MOTION for Partial Summary Judgment (Hanson, Thomas) |
| Filing 58 MOTION for Partial Summary Judgment filed by Balboa Capital Corporation (Hanson, Thomas) |
| Filing 57 Summons Issued as to Ascentium Capital LLC. (axm) |
| Filing 56 SECOND AMENDED COMPLAINT against Doctor Nhue Ho Home Visits LLC, Nhue Ho, Nhue Ho MD PLLC, Ascentium Capital, LLC filed by Balboa Capital Corporation. Clerk to issue summons(es). Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Hanson, Thomas) |
| Filing 55 ECF notice turned off for Attorney Peter J Gimino, III per Request for Removal. (axm) |
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Filing 54
SCHEDULING ORDER: Joinder of Parties due by 9/9/2019. Amended Pleadings due by 9/9/2019. Motions due by 4/10/2020. All fact discovery due by 11/22/2019. All expert discovery due by 3/6/2020. Settlement Status Report due by 9/9/2019. (Ordered by Chief Judge Barbara M. G. Lynn on 7/8/2019) (epm)
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| Filing 53 NOTICE of Attorney Appearance by Tai Anh Ho on behalf of Doctor Nhue Ho Home Visits LLC, Nhue Ho, Nhue Ho MD PLLC. (Filer confirms contact info in ECF is current.) (Ho, Tai) |
| Filing 52 ANSWER to #36 Amended Complaint filed by Doctor Nhue Ho Home Visits LLC, Nhue Ho, Nhue Ho MD PLLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Crozier, Michael) |
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Filing 51
ORDER: Plaintiff's counsel should confer with counsel for Defendants in these cases, no later than 6/27/2019, to prepare a Report Regarding Contents of Scheduling Order. Lead counsel for all parties and unrepresented parties are equally responsible for seeing that this Order is complied with in a timely manner. Joint Report due by 7/5/2019. (Ordered by Chief Judge Barbara M.G. Lynn on 6/13/2019) (ykp)
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Filing 50
ORDER: It is ORDERED that the Motion to Set Aside Notices of Default Judgment (ECF No. #48 in Case No. 3:18-cv-0920) is GRANTED, to the extent there was a Clerk's entry of default, because there has been no judgment entered, and the Motion for Default Judgment (ECF No. #44 in Case No. 3:18-cv-0920; ECF No. 148 in Case No. 3:18-cv-0898) is DENIED AS MOOT. By 6/24/2019, the Ho Defendants shall answer or otherwise respond to Plaintiff's #57 First Amended Complaint. (Ordered by Chief Judge Barbara M.G. Lynn on 6/13/2019) (ykp)
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| Filing 49 Appendix in Support filed by Doctor Nhue Ho Home Visits LLC, Nhue Ho, Nhue Ho MD PLLC re #48 MOTION to Set Aside Default Judgment (Crozier, Michael) |
| Filing 48 MOTION to Set Aside Default Judgment filed by Doctor Nhue Ho Home Visits LLC, Nhue Ho, Nhue Ho MD PLLC (Crozier, Michael) |
| Filing 47 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Doctor Nhue Ho Home Visits LLC, Nhue Ho, Nhue Ho MD PLLC. (Crozier, Michael) |
| Filing 46 ANSWER to #36 Amended Complaint, filed by Doctor Nhue Ho Home Visits LLC, Nhue Ho, Nhue Ho MD PLLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Crozier, Michael) |
| Filing 45 NOTICE of Attorney Appearance by Michael Allen Crozier on behalf of Doctor Nhue Ho Home Visits LLC, Nhue Ho, Nhue Ho MD PLLC. (Filer confirms contact info in ECF is current.) (Crozier, Michael) |
| Filing 44 MOTION for Default Judgment against Balboa Capital Corporation filed by Balboa Capital Corporation (Hanson, Thomas) |
| Filing 43 ***PLEASE DISREGARD, DUPLICATE ENTRY*** Clerk's ENTRY OF DEFAULT as to Nhue Ho MD PLLC. (aaa) Modified on 4/1/2019 (aaa). |
| Filing 42 Clerk's ENTRY OF DEFAULT as to Nhue Ho. (aaa) |
| Filing 41 Clerk's ENTRY OF DEFAULT as to Doctor Nhue Ho Home Visits LLC. (aaa) |
| Filing 40 Clerk's ENTRY OF DEFAULT as to Nhue Ho MD PLLC. (aaa) |
| Filing 39 Request for Clerk to issue Default of Defendant Nhue Ho filed by Balboa Capital Corporation. (Attachments: #1 Proposed Order) (Hanson, Thomas) |
| Filing 38 Request for Clerk to issue Default of Defendant Doctor Nhue Ho Home Visits, LLC filed by Balboa Capital Corporation. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Proposed Order) (Hanson, Thomas) |
| Filing 37 Request for Clerk to issue Default of Defendant Nhue Ho, M.D., PLLC filed by Balboa Capital Corporation. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Proposed Order) (Hanson, Thomas) |
| Filing 36 AMENDED COMPLAINT against Doctor Nhue Ho Home Visits LLC, Nhue Ho, Nhue Ho MD PLLC filed by Balboa Capital Corporation. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Hanson, Thomas) |
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Filing 35
ORDER: These cases are CONSOLIDATED for all pretrial issues with the lead case to be Case No. 3:18-cv-0898-M. All pretrial filings will be made in the lead case and in the individual case to which the matter relates. Individuals cases remain active for trial. Amended Complaints by 1/28/2019. (Ordered by Chief Judge Barbara M.G. Lynn on 1/24/2019) (svc)
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| Filing 34 ELECTRONIC Minute Entry for proceedings held before Chief Judge Barbara M.G. Lynn: Scheduling Conference held on 1/14/2019. Attorney Appearances: Plaintiff - Thomas M. Hanson; Defense - George Hampton, Ryan Allen, Dana Campbell, Gilbert De Leon. (Court Reporter: Keith Johnson) (No exhibits) Time in Court - 0:30. (ctf) |
| Filing 33 ELECTRONIC Minute Entry for proceedings held before Chief Judge Barbara M.G. Lynn: Scheduling Conference held on 1/14/2019. Attorney Appearances: Plaintiff - Thomas M. Hanson; Defense - George Hampton, Ryan Allen, Dana Campbell, Gilbert De Leon. (Court Reporter: Keith Johnson) (No exhibits) Time in Court - 0:30. (ctf) |
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Filing 32
ELECTRONIC ORDER: Before the Court are the following twenty cases: (1) 3:18-cv-00898-M, Balboa Capital Corporation v. Okoji Home Visits MHT LLC et al.; (2) 3:18-cv-00900-M, Balboa Capital Corporation v. Shafie Transitions MHT LLC et al.; (3) 3:18-cv-00901-M, Balboa Capital Corporation v. Butt Transitions MHT LLC et al.; (4) 3:18-cv-00902-M, Balboa Capital Corporation v. Patel Transitions MHT LLC et al.; (5) 3:18-cv-00903-M, Balboa Capital Corporation v. Johnston Transitions MHT, LLC et al.; (6) 3:18-cv-00904-M, Balboa Capital Corporation v. Thi Transitions MHT LLC et al.; (7) 3:18-cv-00907-M, Balboa Capital Corporation v. Woldegiorgis Transitions MHT LLC et al.; (8) 3:18-cv-00908-M, Balboa Capital Corporation v. Siddiqui Transitions MHT LLC et al.; (9) 3:18-cv-00909-M, Balboa Capital Corporation v. Ortega Home Visits MHT LLC et al.; (10) 3:18-cv-00910-M, Balboa Capital Corporation v. Las Vegas Transitions MHT LLC et al.; (11) 3:18-cv-00916-M, Balboa Capital Corporation v. El-SalibI Transitions MHT LLC et al.; (12) 3:18-cv-00917-M, Balboa Capital Corporation v. Poku Home Visits MHT LLC et al.; (13) 3:18-cv-00918-M, Balboa Capital Corporation v. Opaigbeogu MHT LLC et al.; (14) 3:18-cv-00919-M, Balboa Capital Corporation v. Sozi Transitions MHT LLC et al.; (15) 3:18-cv-00920-M, Balboa Capital Corporation v. Doctor Nhue Ho Home Visits LLC et al.; (16) 3:18-cv-00921-M, Balboa Capital Corporation v. Imran Transitions MHT, LLC et al.; (17) 3:18-cv-01949-M, Balboa Capital Corporation v. Wahab Transitions MHT LLC et al.; (18) 3:18-cv-01950-M, Balboa Capital Corporation v. Saghir Transitions MHT LLC et al.; (19) 3:18-cv-01952-M, Balboa Capital Corporation v. Ostrowsky Home Visits MHT LLC et al.; (20) 3:18-cv-02646-M, Balboa Capital Corporation v. Samuel Transitions MHT LLC et al. A scheduling conference for all these cases is SET for January 14, 2019, at 11:00 a.m. The parties should be prepared to discuss whether these cases should be consolidated for pretrial and trial purposes. SO ORDERED. (Ordered by Chief Judge Barbara M.G. Lynn on 12/10/2018) (chmb)
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| Filing 31 NOTICE of Attorney Appearance by Thomas M Hanson on behalf of Balboa Capital Corporation. (Filer confirms contact info in ECF is current.) (Hanson, Thomas) |
| Filing 30 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (ykp) |
| Filing 29 Case electronically transferred in from District of California Central; Case Number 8:17-cv-01358. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| ***DISREGARD EVENT USED AND FILED IN ERROR***CASE Returned to District Judge; Magistrate Judge Rebecca Rutherford no longer assigned to case. (ykp) Modified on 4/12/2018 (ykp). |
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Filing 28
ORDER TRANSFERRING CONSOLIDATED ACTIONS TO THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS by Judge Josephine L. Staton. Case transferred electronically. (es) [Transferred from California Central on 4/12/2018.]
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Filing 27
ORDER on Request for Approval of Substitution of Attorney by Judge Josephine L. Staton. (twdb) [Transferred from California Central on 4/12/2018.]
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Filing 26
MINUTE ORDER (IN CHAMBERS) by Judge Josephine L. Staton: CONSOLIDATING RELATED CASES; SCHEDULING ORDER. Accordingly, the Court CONSOLIDATES these cases for pre-trial purposes and ORDERS that all but the lead case number (8:17-cv-01072- JLS-KES, Balboa Capital Corporation v. Okoji Home Visits MHT, LLC, et al.) be administratively closed. The parties are directed to make all future filings on the docket of and under the caption of the lead case. The parties request that the Court refrain from setting further deadlines until after the fact discovery deadline. Because the Court has not determined whether to have a joint trial, the Court agrees that the Scheduling Order should not set dates past the close of expert discovery. The Court therefore sets the schedule that appears below, that is based on the parties' proposed fact discovery date, and that is modified to accommodate the parties' proposal regarding expert discovery. Finally, the Court ORDERS Defendants to file a consolidated amended notice of removal within fourteen (14) days that pleads the citizenship of all the limited liability company defendants' members or owners for purposes of diversity jurisdiction.(Made JS-6. Case Terminated.) Associated Cases: 8:17-cv-01085-JLS-KES et al.(mba) [Transferred from California Central on 4/12/2018.]
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| Filing 25 JOINT REPORT Rule 26(f) Discovery Plan Joint Rule 26(f) Report ; estimated length of trial 7, filed by Plaintiff Balboa Capital Corporation.. (Shatz, Sanford) [Transferred from California Central on 4/12/2018.] |
| Filing 24 Notice of Withdrawal of Motion to Transfer Case,,, Motion to Dismiss (cause or other),, #6 filed by Defendants Doctor Nhue Ho Home Visits LLC, Nhue Ho, Nhue Ho, M.D., PLLC. (Koch, David) [Transferred from California Central on 4/12/2018.] |
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Filing 23
MINUTES (IN CHAMBERS) ORDER by Judge Josephine L. Staton. The Court has reviewed the parties' Stipulation Regarding Extension to Report to the Court, and GRANTS the relief sought therein. The parties shall have until September 13, 2017 to file their Joint Rule 26(f) Reports and to respond to the Court's August 24, 2017 Order to Show Cause. IT IS SO ORDERED. Associated Cases: 8:17-cv-01072-JLS-KES et al.(dro) [Transferred from California Central on 4/12/2018.]
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| Filing 22 STIPULATION for Extension of Time to File Rule 26(f) Report and Respond to Order to Show Cause filed by Plaintiff Balboa Capital Corporation.(Shatz, Sanford) [Transferred from California Central on 4/12/2018.] |
| Filing 21 ANSWER to Complaint - (Discovery), with JURY DEMAND filed by Defendants Doctor Nhue Ho Home Visits LLC, Nhue Ho, Nhue Ho, M.D., PLLC.(Koch, David) [Transferred from California Central on 4/12/2018.] |
| Filing 20 RESPONSE filed by Defendants Doctor Nhue Ho Home Visits LLC, Nhue Ho, Nhue Ho, M.D., PLLCto Minutes of In Chambers Order/Directive - no proceeding held,,,, #15 (Koch, David) [Transferred from California Central on 4/12/2018.] |
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Filing 19
ORDER SETTING SCHEDULING CONFERENCE by Judge Josephine L. Staton. A Scheduling Conference is set for 9/22/2017 at 1:30 p.m. See Order for further dates and details. (tg) [Transferred from California Central on 4/12/2018.]
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| Filing 18 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of Texas NOTICE OF MOTION AND MOTION to Dismiss Cause of Action #6 filed by Plaintiff Balboa Capital Corporation. (Shatz, Sanford) [Transferred from California Central on 4/12/2018.] |
| Filing 17 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Balboa Capital Corporation (Shatz, Sanford) [Transferred from California Central on 4/12/2018.] |
| Filing 16 CERTIFICATION and NOTICE of Interested Parties filed by Plaintiff Balboa Capital Corporation, (Shatz, Sanford) [Transferred from California Central on 4/12/2018.] |
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Filing 15
MINUTE ORDER IN CHAMBERS by Judge Josephine L. Staton: (1) SETTING SCHEDULING CONFERENCE AND (2) ORDER TO SHOW CAUSE WHY THESE CASES SHOULD NOT BE CONSOLIDATED. To conserve the parties' and judicial resources, the Court's strong inclination is to consolidate these actions at least for pretrial purposes under Federal Rule of Civil Procedure 42(a). As such, the Court hereby ORDERS a Scheduling Conference for all these cases on Friday, September 22, 2017 at 1:30 p.m. All Scheduling Conferences that have been set for other dates are CONTINUED to this date. For cases where Rule 26(f) reports have not yet been filed, the Court ORDERS the parties to show cause in the Rule 26(f) report why these cases should not be consolidated for pretrial and trial purposes. For cases where Rule 26(f) reports have already been submitted, the parties may file a response no longer than five pages by September 8, 2017 indicating their position on consolidation. Associated Cases: 8:17-cv-01072-JLS-KES et al. (See document for details)(mba) [Transferred from California Central on 4/12/2018.]
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Filing 14
ORDER RE TRANSFER PURSUANT TO Local Rule 83-1.3.1 and General Order 16-05 -Related Case- filed. Related Case No: 8:17-cv-01085-JLS (KESx). Case referred from Magistrate Judge Michael R. Wilner to Magistrate Judge Karen E. Scott for DISCOVERY. The case number will now read as follows: 8:17-cv-01358-JLS (KESx). Signed by Magistrate Judge Karen E. Scott. (mba) [Transferred from California Central on 4/12/2018.]
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| Filing 13 STIPULATION to Reschedule Hearings from 9/15/17 to 9/8/17 filed by Plaintiff Balboa Capital Corporation. (Attachments: #1 Proposed Order)(Shatz, Sanford) [Transferred from California Central on 4/12/2018.] |
| Filing 12 NOTICE of Appearance filed by attorney Sanford P Shatz on behalf of Plaintiff Balboa Capital Corporation (Attorney Sanford P Shatz added to party Balboa Capital Corporation(pty:pla))(Shatz, Sanford) [Transferred from California Central on 4/12/2018.] |
| Filing 11 TEXT ONLY ENTRY (IN CHAMBERS) ORDER CONTINUING HEARING: On the Court's own motion, Defendants' Motion to Dismiss or Transfer Action 6 is ordered CONTINUED from 9/11/2017 to 9/15/2017, at 2:30 p.m. before Judge Josephine L. Staton.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tg) TEXT ONLY ENTRY [Transferred from California Central on 4/12/2018.] |
| Filing 10 INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON (tg) [Transferred from California Central on 4/12/2018.] |
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Filing 9
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 8:17-cv-01107-JLS (MRWx). Case transferred from Judge Cormac J. Carney and Magistrate Judge Douglas F. McCormick to Judge Josephine L. Staton and Magistrate Judge Michael R. Wilner for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:17-cv-01358-JLS (MRWx). Signed by Judge Josephine L. Staton (mba) [Transferred from California Central on 4/12/2018.]
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| Filing 8 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by M. Kunig Deputy Clerk. The document is accepted as filed. The hering date has been rescheduled to Monday, September 18, 2017 at 1:30 pm. (es) [Transferred from California Central on 4/12/2018.] |
| Filing 7 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of Texas NOTICE OF MOTION AND MOTION to Dismiss Cause of Action #6 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Counsel is ordered to consult Local Rules AND the Court's Procedures and Schedules page prior to filing any future documents. Counsel shall note hearing information on all future motions. *The Court shall re-notice the hearing on the motion as it deems appropriate.* In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (es) [Transferred from California Central on 4/12/2018.] |
| Filing 6 NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of Texas , NOTICE OF MOTION AND MOTION to Dismiss Cause of Action filed by Defendants Doctor Nhue Ho Home Visits LLC, Nhue Ho, Nhue Ho, M.D., PLLC. Motion set for hearing on 9/11/2017 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Exhibit Installment Payment Agreement, #2 Exhibit America's MHT, Inc. Schedule, #3 Exhibit Sample Management Services Agreement, #4 Exhibit Bankruptcy Docket List of Adversary Proceedings.) (Koch, David) [Transferred from California Central on 4/12/2018.] |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) [Transferred from California Central on 4/12/2018.] |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Douglas F. McCormick. (car) [Transferred from California Central on 4/12/2018.] |
| CONFORMED COPY OF COMPLAINT against Defendants Doctor Nhue Ho Home Visits LLC, Does 1 through 10, inclusive, Nhue Ho, Nhue Ho, M.D., PLLC, filed by Plaintiff Balboa Capital Corporation. Filed in State Court on 6/19/17 Submitted with Attachment 1 to Notice of Removal (car) [Transferred from California Central on 4/12/2018.] |
| Filing 3 NOTICE of Interested Parties filed by Defendants Doctor Nhue Ho Home Visits LLC, Nhue Ho, Nhue Ho, M.D., PLLC, identifying America's MHT, Inc. d/b/a Medical Home Team; Our Medical Home Team, L.L.C.; MHT Financial Services, LLC; Accountable Practice Mgmt., Inc.; Scott Postle; Judy Postle; Cliff McKenzie. (Koch, David) [Transferred from California Central on 4/12/2018.] |
| Filing 2 CIVIL COVER SHEET filed by Defendants Doctor Nhue Ho Home Visits LLC, Nhue Ho, Nhue Ho, M.D., PLLC. (Koch, David) [Transferred from California Central on 4/12/2018.] |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2017-00927006-CU-CL-CJC Receipt No: 0973-20301500 - Fee: $400, filed by Defendants Nhue Ho, M.D., PLLC, Doctor Nhue Ho Home Visits LLC, Nhue Ho. (Attachments: #1 Exhibit A - State Court Complaint) (Attorney David R Koch added to party Doctor Nhue Ho Home Visits LLC(pty:dft), Attorney David R Koch added to party Nhue Ho(pty:dft), Attorney David R Koch added to party Nhue Ho, M.D., PLLC(pty:dft))(Koch, David) [Transferred from California Central on 4/12/2018.] |
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