Signature Financial LLC vs. John McClung
| Signature Financial LLC |
| John McClung |
| JMOS Acquisition, LLC |
| ADR Provider |
| 3:2019cv01348 |
| June 5, 2019 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Sam A Lindsay |
| Brantley Starr |
| Contract: Other Contract |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on September 3, 2019. A more recent docket listing may be available from PACER.
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Filing 154
Special Order 3-333: Effective September 3, 2019, the cases listed on Exhibit A to this order are transferred to Judge Brantley Starr's docket and shall henceforth be designated by the suffix letter X. (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief Judge Barbara M. G. Lynn on 8/27/2019) (cea)
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| Filing 153 NOTICE of Attorney Appearance by Eric Christopher Money on behalf of John McClung. (Filer confirms contact info in ECF is current.) (Money, Eric) |
| Filing 152 Court Request for Recusal: Senior Judge A. Joe Fish recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Sam A Lindsay for all further proceedings. Future filings should indicate the case number as: 3:19-CV-1348-L. (ewd) |
| Filing 151 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (ykp) |
| Filing 150 Case electronically transferred in from District of California Central; Case Number 2:16-cv-03621. 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. |
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Filing 149
MINUTES OF IN CHAMBERS - ORDER RE THIRD-PARTY DEFENDANT'S MOTION TO SET ASIDE ENTRY OF DEFAULT AND DEFAULT JUDGMENT by Judge Dolly M. Gee: The Court GRANTS Third-Party Defendant JMOS Acquisition, LLC's ("JMOS") Motion to Set Aside Entry of Default and Default Judgment #135 . The Default Judgment against JMOS #134 is VACATED. The Entry of Default against JMOS #54 is VACATED. Third-Party Plaintiff John McClung's Third-Party Complaint against JMOS #67 is TRANSFERRED to the United States District Court for the Northern District of Texas. Third Party Complaint electronically transferred. See document for further details. Court Reporter: Not Reported. (gk) [Transferred from California Central on 6/5/2019.]
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Filing 148
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #128 filed by John McClung. CCA # 18-56217. Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to prosecute. This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. (mat) [Transferred from California Central on 6/5/2019.]
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Filing 147
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Third-Party Defendant JMOS Acquisition, LLC's Motion to Set Aside Default and Default Judgment #135 presently scheduled for hearing on December 7, 2018, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY [Transferred from California Central on 6/5/2019.]
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| Filing 146 NOTICE OF ERRATA filed by ThirdParty Defendant JMOS Acquisition, LLC. correcting Reply (Motion related), #144 (Attachments: #1 Declaration James D. Boston (with ink signature), #2 Declaration Brian Shields (with ink signature))(Tseng, Arvin) [Transferred from California Central on 6/5/2019.] |
| Filing 145 EVIDENTIARY OBJECTIONS in support of re: NOTICE OF MOTION AND MOTION to Set Aside Default Re: Order on Motion for Default Judgment, #133 . #135 filed by ThirdParty Defendant JMOS Acquisition, LLC. (Attachments: #1 Proposed Order)(Tseng, Arvin) [Transferred from California Central on 6/5/2019.] |
| Filing 144 REPLY in support NOTICE OF MOTION AND MOTION to Set Aside Default Re: Order on Motion for Default Judgment, #133 . #135 filed by ThirdParty Defendant JMOS Acquisition, LLC. (Attachments: #1 Declaration (David A Shields, Supplemental), #2 Declaration (James D Boston), #3 Declaration (Brian Shields), #4 Declaration (Arvin Tseng))(Tseng, Arvin) [Transferred from California Central on 6/5/2019.] |
| Filing 143 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Set Aside Default Re: Order on Motion for Default Judgment, #133 . #135 filed by ThirdParty Plaintiff John McClung. (Attachments: #1 Declaration of Vanessa Jarvis, #2 Declaration of Esparza, #3 Declaration John McClung)(Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
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Filing 142
ORDER RE JOINT STIPULATION TO CONTINUE HEARING DATE FOR MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT by Judge Dolly M. Gee: Upon Stipulation #140 , the Court hereby orders that the hearing date for JMOS Acquisition, LLC's motion to set aside default and default judgment #135 is continued to 12/7/2018 at 09:30 AM before Judge Dolly M. Gee. (gk) [Transferred from California Central on 6/5/2019.]
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| Filing 141 NOTICE of Entry of FINAL JUDGMENT, re: Default Judgment, #134 , filed by Third-party Plaintiff John McClung((as to Third Party Complaint Doc No. 67 filed 12/7/2016)). (Attachments: #1 Exhibit FINAL JUDGMENT)(Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
| Filing 140 STIPULATION to Continue Motion to Set Aside Default and Default Judgment from 11-30-2018 to 12-07-2018 Re: NOTICE OF MOTION AND MOTION to Set Aside Default Re: Order on Motion for Default Judgment, #133 . #135 filed by third-party defendant JMOS Acquisition, LLC(a Texas limited liability company (as to Third Party Complaint Doc No. 67 filed 12/7/2016)). (Attachments: #1 Proposed Order)(Tseng, Arvin) [Transferred from California Central on 6/5/2019.] |
| Filing 139 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Set Aside Default Re: Order on Motion for Default Judgment, #133 . #135 , Deficiency in Electronically Filed Documents (G-112A) - optional html form,, #138 (Attachments: #1 Proposed Order)(Tseng, Arvin) [Transferred from California Central on 6/5/2019.] |
| Filing 138 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Set Aside Default Re: Order on Motion for Default Judgment, #133 . #135 . The following error(s) was/were found: Proposed Order was not submitted as separate attachment. 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. (yl) [Transferred from California Central on 6/5/2019.] |
| Filing 137 NOTICE OF ERRATA filed by ThirdParty Defendant JMOS Acquisition, LLC. correcting NOTICE OF MOTION AND MOTION to Set Aside Default Re: Order on Motion for Default Judgment, #133 . #135 (Tseng, Arvin) [Transferred from California Central on 6/5/2019.] |
| Filing 136 DECLARATION of David Shields in support of NOTICE OF MOTION AND MOTION to Set Aside Default Re: Order on Motion for Default Judgment, #133 . #135 filed by ThirdParty Defendant JMOS Acquisition, LLC. (Attachments: #1 Exhibit Order Granting SJ, #2 Exhibit Share Purchase Agreement, #3 Exhibit Reaffirmation)(Tseng, Arvin) [Transferred from California Central on 6/5/2019.] |
| Filing 135 NOTICE OF MOTION AND MOTION to Set Aside Default Re: Order on Motion for Default Judgment, #133 . filed by third-party defendant JMOS Acquisition, LLC(a Texas limited liability company (as to Third Party Complaint Doc No. 67 filed 12/7/2016)). Motion set for hearing on 11/30/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration David A Shields, #2 Declaration Arvin Tseng) (Attorney Arvin Y Tseng added to party JMOS Acquisition, LLC(pty:3pd)) (Tseng, Arvin) [Transferred from California Central on 6/5/2019.] |
| Filing 134 DEFAULT JUDGMENT AGAINST JMOS ACQUISITION, LLC by Judge Dolly M. Gee: On 10/17/2018, the Court granted Third-Party Plaintiff John McClung's application for default judgment #130 . IT IS ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Third-Party Plaintiff John McClung and against Third-Party Defendant JMOS Acquisition, LLC in the amount of $1,269,679.65. (gk) [Transferred from California Central on 6/5/2019.] |
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Filing 133
MINUTES OF IN CHAMBERS - ORDER RE THIRD-PARTY PLAINTIFF MCCLUNG'S APPLICATION FOR DEFAULT JUDGMENT AGAINST THIRD-PARTY DEFENDANT JMOS ACQUISITION, LLC by Judge Dolly M. Gee: The Court GRANTS Third-Party Plaintiff John McClung's Application for Entry of Default Judgment #130 . The Court will enter a total judgment of $1,269,679.65 in favor of McClung and against Third-Party Defendant JMOS Acquisition, LLC. The 10/19/2018 hearing is VACATED. Court Reporter: Not Reported. (gk) [Transferred from California Central on 6/5/2019.]
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| Filing 132 ABSTRACT of Judgment issued in favor of Plaintiff Signature Financial, LLC and against John McClung in the principal amount of $1,269,679.65, interest of $958,062.18, attorneys fees of $263,689.41, costs of $47,928.06 RE: Judgment #127 . (gk) [Transferred from California Central on 6/5/2019.] |
| Filing 131 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-56217 assigned to Notice of Appeal to 9th Circuit Court of Appeals #128 as to Defendant John McClung. (iv) [Transferred from California Central on 6/5/2019.] |
| Filing 130 NOTICE OF MOTION AND MOTION for Default Judgment against Third Party Defendant JMOS Acquisition LLC filed by Third-party Plaintiff John McClung((as to Third Party Complaint Doc No. 67 filed 12/7/2016)). Motion set for hearing on 10/19/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Vanessa Jarvis, #2 Declaration of John McClung, #3 Proposed Order) (Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
| Filing 129 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #128 . (Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
| Filing 128 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant John McClung. Appeal of Order on Motion for Attorney Fees, #125 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-22409018.) (Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
| Filing 127 FINAL JUDGMENT #126 by Judge Dolly M. Gee. IT IS ORDERED, ADJUGED AND DECREED that final judgment is entered in favor of Plaintiff Signature Financial, LLC and against defendant John McClung in the amount of $958,062.18, plus daily interest of $406.17 from August 19, 2017 through the date of entry of Partial Judgment on December 15, 2017 in the amount of $47,928.06, plus attorney's fees and costs in the amount of $263,689.41, for a grand total of $1,269,679.65, plus post-judgment interest from the date of entry of this Final Judgment. IT IS SO ORDERED. (MD JS-6, Case Terminated). (lom) [Transferred from California Central on 6/5/2019.] |
| Filing 126 NOTICE OF LODGING filed of Proposed Final Judgment re Order on Motion for Attorney Fees, #125 (Attachments: #1 Proposed Final Judgment)(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
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Filing 125
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION FOR RELIEF AND ATTORNEY'S FEES #108 by Judge Dolly M. Gee: In light of the foregoing, the Court GRANTS in part the MAF. Plaintiff is entitled to $263,689.41 in attorney's fees. IT IS SO ORDERED. (See order for details.) (kti) [Transferred from California Central on 6/5/2019.]
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Filing 124
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #120 filed by John McClung. CCA # 18-55055. Pursuant to the stipulation of the parties, this appeal is voluntarily dismissed. A copy of this order shall serve as and for the mandate of this court. (gk) [Transferred from California Central on 6/5/2019.]
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| Filing 123 BILL OF COSTS. Costs Taxed in the amount of $5,795.21 in favor of Plaintiff Signature Financial, LLC and against Defendant John McClung. RE: #112 APPLICATION to the Clerk to Tax Costs against Defendant John McClung. (ri) [Transferred from California Central on 6/5/2019.] |
| Filing 122 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-55055 assigned to Notice of Appeal to 9th Circuit Court of Appeals #120 (yl) [Transferred from California Central on 6/5/2019.] |
| Filing 121 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #120 . (Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
| Filing 120 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant John McClung. Appeal of Judgment,, #119 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-21080995.) (Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
| Filing 119 PARTIAL JUDGMENT IN FAVOR OF PLAINTIFF SIGNATURE FINANCIAL, LLC by Judge Dolly M. Gee: This Court having granted Plaintiff's motion for summary judgment #78 , IT IS ORDERED, ADJUDGED AND DECREED that partial judgment is entered in favor of Plaintiff Signature Financial, LLC and against Defendant John McClung in the amount of $958,062.18, plus per diem interest in the amount of $406.17 from 8/19/2017 through the date of entry of this Partial Judgment, plus post-judgment interest, and such reasonable attorney's fees and costs as will be determined by the Court. (gk) [Transferred from California Central on 6/5/2019.] |
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Filing 118
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Plaintiff's Motion for Relief and Attorneys' Fees #108 presently scheduled for hearing on December 15, 2017, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY [Transferred from California Central on 6/5/2019.]
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| Filing 117 DECLARATION of Michael J. Niborski In Support Of NOTICE OF MOTION AND MOTION for Attorney Fees and Relief #108 filed by Plaintiff Signature Financial, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 116 DECLARATION of Jared Borriello In Support Of NOTICE OF MOTION AND MOTION for Attorney Fees and Relief #108 filed by Plaintiff Signature Financial, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 115 REPLY In Support Of NOTICE OF MOTION AND MOTION for Attorney Fees and Relief #108 filed by Plaintiff Signature Financial, LLC. (Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 114 OPPOSITION to NOTICE OF MOTION AND MOTION for Attorney Fees and Relief #108 filed by Defendant John McClung. (Attachments: #1 Exhibit Exhibit A to Opposition, #2 Declaration of Vanessa Jarvis)(Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
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Filing 113
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. Having granted summary judgment #102 , the Court hereby VACATES the final pretrial conference on November 14, 2017 and the Court trial on December 12, 2017. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY [Transferred from California Central on 6/5/2019.]
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| Filing 112 APPLICATION to the Clerk to Tax Costs against Defendant John McClung filed by Plaintiff Signature Financial, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 111 DECLARATION of Robert L. Barrows In Support Of NOTICE OF MOTION AND MOTION for Attorney Fees and Relief #108 filed by Plaintiff Signature Financial, LLC. (Attachments: #1 Exhibit A)(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 110 DECLARATION of Jared Borriello In Supporr Of NOTICE OF MOTION AND MOTION for Attorney Fees and Relief #108 filed by Plaintiff Signature Financial, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 109 DECLARATION of Michael J. Niborski In Support Of NOTICE OF MOTION AND MOTION for Attorney Fees and Relief #108 filed by Plaintiff Signature Financial, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 108 NOTICE OF MOTION AND MOTION for Attorney Fees and Relief filed by Plaintiff Signature Financial, LLC. Motion set for hearing on 12/15/2017 at 09:30 AM before Judge Dolly M. Gee. (Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 107 NOTICE OF LODGING filed of Proposed Judgment re Order on Motion for Summary Judgment #102 (Attachments: #1 Proposed Judgment)(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 106 JOINT REPORT of PARTIES IN RESPONSE TO ORDER DATED OCTOBER 16, 2017 filed by Plaintiff Signature Financial, LLC. (Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
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Filing 105
MINUTE ORDER IN CHAMBERS by Judge Dolly M. Gee: Accordingly, the parties shall meet and confer and submit, in writing and by no later than October 23, 2017, a joint report that identifies the remedies flowing from Signature's breach of contract claim. Thereafter, McClung shall move for default judgment within 30 days from the date of the filing of the joint report. Should Signature and McClung be unable to agree on the remedies, Signature shall file a motion for relief no later than November 3, 2017, and McClung shall move for default judgment within 30 days from the date of this Court's resolution of Signature's motion. The OSC is hereby DISCHARGED. IT IS SO ORDERED. SEE ATTACHED ORDER FOR DETAILS. (clee) [Transferred from California Central on 6/5/2019.]
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| Filing 104 DECLARATION of Vanessa Jarvis re Order to Show Cause, #103 filed by ThirdParty Plaintiff John McClung. (Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
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Filing 103
MINUTES (IN CHAMBERS)- ORDER TO SHOW CAUSE WHY THIRD-PARTY COMPLAINT SHOULD NOT BE DISMISSED by Judge Dolly M. Gee. The Court orders Defendant/Third-Party Plaintiff to show cause, in writing and by no later than October 13, 2017, why the third-party action should not be dismissed under Federal Rule of Procedure 4(m) for failure to prosecute. If a satisfactory response is not filed by that date, the Court will dismiss the third-party complaint. (iv) [Transferred from California Central on 6/5/2019.]
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Filing 102
ORDER RE PLAINTIFF SIGNATURE FINANCIAL LLC'S MOTION FOR SUMMARY JUDGMENT #78 by Judge Dolly M. Gee: For the reasons set forth below, the Court GRANTS the MSJ in its entirety. (See order for details.) (kti) [Transferred from California Central on 6/5/2019.]
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| Filing 101 MINUTES OF Plaintiffs Motion for Summary Judgment #78 Hearing held before Judge Dolly M. Gee: The cause is called and counsel state their appearance. The Court invites counsel to respond to the tentative ruling. Following oral argument, the Court advises counsel that the tentative ruling stands and a written order will issue. Court Reporter: Anne Kielwasser. (kti) [Transferred from California Central on 6/5/2019.] |
| Filing 100 RESPONSE TO DEFENDANT'S STATEMENT OF ADDITIONAL UNDISPUTED MATERIAL FACTS re NOTICE OF MOTION AND MOTION for Summary Judgment #78 filed by Plaintiff Signature Financial, LLC. (Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 99 DECLARATION of Ritchie Bros. Auctioneers (America) Inc. in Further Support of NOTICE OF MOTION AND MOTION for Summary Judgment #78 filed by Plaintiff Signature Financial, LLC. (Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 98 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment #78 filed by Plaintiff Signature Financial, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 97 DECLARATION of Mark M. Scott in Further Support of NOTICE OF MOTION AND MOTION for Summary Judgment #78 filed by Plaintiff Signature Financial, LLC. (Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 96 DECLARATION of Consultants Group Commercial Funding Corporation in Further Support of NOTICE OF MOTION AND MOTION for Summary Judgment #78 filed by Plaintiff Signature Financial, LLC. (Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 95 DECLARATION of Jared C. Borriello in Further Support of NOTICE OF MOTION AND MOTION for Summary Judgment #78 filed by Plaintiff Signature Financial, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 94 DECLARATION of Steven M. Robbins in Further Support of NOTICE OF MOTION AND MOTION for Summary Judgment #78 filed by Plaintiff Signature Financial, LLC. (Attachments: #1 Exhibit 1)(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 93 PLAINTIFF'S OBJECTONS TO DEFENDANT'S EVIDENCE OFFERED IN SUPPORT OF OPPOSITION re: NOTICE OF MOTION AND MOTION for Summary Judgment #78 filed by Plaintiff Signature Financial, LLC. (Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 92 PLAINTIFF'S RESPONSE TO DEFENDANT'S OBJECTIONS TO THE DECLARATION OF STEVEN M. ROBBINS re NOTICE OF MOTION AND MOTION for Summary Judgment #78 filed by Plaintiff Signature Financial, LLC. (Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 91 REPLY in Support of Plaintiff's Motion for Summary Judgment filed by Plaintiff Signature Financial, LLC. (Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 90 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #78 filed by Defendant John McClung. (Attachments: #1 Declaration of Vanessa Jarvis, #2 Exhibit to Jarvis Declaration, #3 Exhibit to Jarvis Declaration, #4 Exhibit to Jarvis Declaration, #5 Exhibit to Jarvis Declaration, #6 Exhibit to Jarvis Declaration, #7 Statement of Genuine Issues in Dispute, #8 Objection to Robbins Declaration, #9 Declaration of John McClung with exhibits, #10 Declaration of Mel Davis)(Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
| Filing 89 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Plaintiff's Local Rule 56-1 Statement of Uncontroverted Facts in Support of Motion for Summary Judgment filed 8/18/2017 #80 . The following error(s) was/were found: This document tendered for the judge's approval should have been submitted as a separate PDF attachment to the Motion, document number 78, or a Notice of Lodging, Local Rule 5-4.4.1. 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. (gk) [Transferred from California Central on 6/5/2019.] |
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Filing 88
MINUTES (IN CHAMBERS) ORDER DENYING DEFENDANT'S MOTION TO COMPEL by Magistrate Judge Frederick F. Mumm: denying #77 Motion to Compel Answers to Interrogatories : Having reviewed Defendant's response to the OSC, the OSC is hereby discharged. However, Defendant's motion was not timely filed. The Court's scheduling order states that all discovery motions must be heard prior to the discovery cut-off date. (Dkt. 51 at 2, 3.) The discovery cut-off date in this case was August 7, 2017. Because the motion's noticed hearing date was September 19, 2017, the motion is untimely. Accordingly, Defendant's motion is DENIED without prejudice. IT IS SO ORDERED (jm) [Transferred from California Central on 6/5/2019.]
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| Filing 87 DECLARATION of Jared C. Borriello re Declaration #86 , Minutes of In Chambers Order/Directive - no proceeding held,,, Order to Show Cause,,, Terminate Hearings,, #84 filed by Counter Defendants Signature Financial, LLC, Signature Financial, LLC, Plaintiff Signature Financial, LLC. (Attachments: #1 Exhibit 1 (August 4 Email), #2 Exhibit 2 (FedEx confirmation), #3 Exhibit 3 (August 7 Email), #4 Exhibit 4 (Form of Proposed Default Judgment), #5 Exhibit 5 (Statement of Uncontroverted Facts))(Borriello, Jared) [Transferred from California Central on 6/5/2019.] |
| Filing 86 DECLARATION of Vanessa Jarvis re Minutes of In Chambers Order/Directive - no proceeding held,,, Order to Show Cause,,, Terminate Hearings,, #84 filed by Defendant John McClung. (Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
| Filing 85 MEMORANDUM in Support of MOTION to Compel Answers to Interrogatories of Plaintiff #77 filed by Defendant John McClung. (Attachments: #1 Declaration of Vanessa Jarvis in support of Supplemental Memorandum)(Jarvis, Vanessa)[Transferred from California Central on 6/5/2019.] |
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Filing 84
MINUTE ORDER IN CHAMBERS by Magistrate Judge Frederick F. Mumm: ORDER TO SHOW CAUSE re: MOTION to Compel Answers to Interrogatories of Plaintiff #77 : ORDER TO SHOW CAUSE by Magistrate Judge Frederick F. Mumm.( Response to Order to Show Cause due by 8/31/2017.) Because the issues raised in Defendant's motion are seemingly moot, Defendant is ordered to show cause, in writing and within ten (10) days of the date of this Order, why sanctions should not be imposed against Defendant for filing a frivolous motion. The motion's noticed hearing date of September 19, 2017, at 10:00 a.m. is hereby VACATED. (jm) Modified on 8/21/2017 (jm). [Transferred from California Central on 6/5/2019.]
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| Filing 83 NOTICE OF LODGING filed of Proposed Judgment re NOTICE OF MOTION AND MOTION for Summary Judgment #78 (Attachments: #1 Proposed Judgment)(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 82 DECLARATION of Jared C. Borriello in Support of NOTICE OF MOTION AND MOTION for Summary Judgment #78 filed by Plaintiff Signature Financial, LLC. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6, #7 Exhibit A-7, #8 Exhibit A-8, #9 Exhibit A-9, #10 Exhibit A-10, #11 Exhibit A-11, #12 Exhibit A-12, #13 Exhibit A-13, #14 Exhibit A-14, #15 Exhibit B-1, #16 Exhibit B-2, #17 Exhibit B-3, #18 Exhibit B-4, #19 Exhibit B-5, #20 Exhibit B-6, #21 Exhibit C-1, #22 Exhibit C-2, #23 Exhibit C-3, #24 Exhibit C-4, #25 Exhibit C-5, #26 Exhibit C-6, #27 Exhibit C-7, #28 Exhibit C-8, #29 Exhibit C-9, #30 Exhibit C-10, #31 Exhibit C-11, #32 Exhibit D, #33 Exhibit E, #34 Exhibit F, #35 Exhibit G, #36 Exhibit H, #37 Exhibit I, #38 Exhibit J, #39 Exhibit K, #40 Exhibit L, #41 Exhibit M, #42 Exhibit N, #43 Exhibit O, #44 Exhibit P, #45 Exhibit Q, #46 Exhibit R)(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 81 DECLARATION of Steven M. Robbins in Support of NOTICE OF MOTION AND MOTION for Summary Judgment #78 filed by Plaintiff Signature Financial, LLC. (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 Exhibit 14)(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 80 STATEMENT of Uncontroverted Facts in Support of NOTICE OF MOTION AND MOTION for Summary Judgment #78 filed by Plaintiff Signature Financial, LLC. (Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 79 MEMORANDUM in Support of Motion for Summary Judgment filed by Plaintiff Signature Financial, LLC. (Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 78 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff Signature Financial, LLC. Motion set for hearing on 10/6/2017 at 03:00 PM before Judge Dolly M. Gee. (Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 77 NOTICE OF MOTION AND MOTION to Compel Answers to Interrogatories of Plaintiff filed by Defendant John McClung. Motion set for hearing on 9/19/2017 at 10:00 AM before Magistrate Judge Frederick F. Mumm. (Attachments: #1 Declaration of Vanessa Jarvis, #2 Declaration of Jared Borriello, #3 Notice of Motion)(Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
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Filing 76
ORDER GRANTING IN PART PLAINTIFF'S MOTION TO COMPEL by Magistrate Judge Frederick F. Mumm: granting in part #73 Motion to Compel : Plaintiff is ordered to produce the documents required by this order by August 7, 2017. Costs and fees are denied. (see attached) (jm) [Transferred from California Central on 6/5/2019.]
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Filing 75
MINUTE ORDER IN CHAMBERS by Magistrate Judge Frederick F. Mumm: ORDER VACATING HEARING DATE re: MOTION to Compel Further Responses to Request for Production of Documents #73 : The Court is in receipt of defendant John McCLung's motion to compel filed on June 8, 2017. (Dkt. 73.) Having reviewed the motion and supporting memorandum (Dkt. 74), the Court takes the matter under submission without oral argument. Accordingly, the hearing on this matter scheduled for July 11, 2017, at 10:00 a.m. is hereby VACATED. IT IS SO ORDERED. (jm) [Transferred from California Central on 6/5/2019.]
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| Filing 74 MEMORANDUM in Support of MOTION to Compel Further Responses to Request for Production of Documents #73 filed by Defendant John McClung. (Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
| Filing 73 NOTICE OF MOTION AND MOTION to Compel Further Responses to Request for Production of Documents filed by Defendant John McClung. Motion set for hearing on 7/11/2017 at 10:00 AM before Magistrate Judge Frederick F. Mumm. (Attachments: #1 Notice of Motion, #2 Declaration of Vanessa Jarvis, #3 Declaration of Jared Boriello)(Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
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Filing 72
ORDER RE STIPULATION AMENDING SCHEDULING ORDER by Judge Dolly M. Gee, re Stipulation to Amend/Correct #71 . IT IS HEREBY ORDERED that this Court's Scheduling Order dated August 24, 2016 #51 shall be amended as follows: Bench Trial set for 12/12/2017 at 8:30 AM and Final Pretrial Conference set for 11/14/2017 at 2:00 PM before Judge Dolly M. Gee. See document for details. (smo) [Transferred from California Central on 6/5/2019.]
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| Filing 71 STIPULATION to Amend Pretrial-Trial Scheduling Order - form only,,, #51 filed by Plaintiff Signature Financial, LLC. (Attachments: #1 Declaration of Michael J. Niborski, #2 Proposed Order)(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 70 MEDIATION REPORT Filed by Plaintiff Signature Financial, LLC: Mediation held on January 19, 2017. The parties are unable to reach an agreement at this time.(Borriello, Jared) [Transferred from California Central on 6/5/2019.] |
| Filing 69 MEDIATION REPORT Filed by Mediator (ADR Panel) Richard Chernick: Mediation held on January 19, 2017. The parties are unable to reach an agreement at this time.(Killefer, Gail) [Transferred from California Central on 6/5/2019.] |
| Filing 68 ANSWER to Answer to Complaint (Discovery), Third Party Complaint, Counterclaim #67 filed by Counter-Defendant Signature Financial, LLC(a New York limited liability company (as to Counterclaim Doc No. 67 filed 12/7/2016)).(Borriello, Jared) [Transferred from California Central on 6/5/2019.] |
| Filing 67 ANSWER to Amended Complaint/Petition, #66 , THIRD PARTY COMPLAINT against JMOS Acquisition, LLC, COUNTERCLAIM against Signature Financial, LLC filed by Defendant John McClung.(Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
| Filing 66 FIRST AMENDED COMPLAINT against DEFENDANT John McClung amending Complaint - (Discovery) #1 , filed by PLAINTIFF Signature Financial, LLC (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Borriello, Jared) [Transferred from California Central on 6/5/2019.] |
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Filing 65
ORDER RE STIPULATION FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT #64 by Judge Dolly M. Gee. IT IS ORDERED that the First Amended Complaint may be filed on or after the date this Order is signed, and Defendant has thirty (30) days from the date when the First Amended Complaint is filed to answer, move or otherwise respond to the First Amended Complaint. IT IS SO ORDERED. (lom) [Transferred from California Central on 6/5/2019.]
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| Filing 64 STIPULATION to File First Amended Complaint filed by Plaintiff Signature Financial, LLC. (Attachments: #1 First Amended Complaint, #2 Proposed Order)(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 63 NOTICE TO PARTIES by District Judge Dolly M Gee. Effective October 31, 2016, Judge Gee will be located at the 1st Street Courthouse, COURTROOM 8C on the 8th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 8C of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY [Transferred from California Central on 6/5/2019.] |
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Filing 62
ORDER by Judge Dolly M. Gee: Granting Application of Non-Resident Attorney Jared C. Borriello to Appear Pro Hac Vice on behalf of Plaintiff Signature Financial, LLC, designating Michael J. Niborski as local counsel #61 . (iv) [Transferred from California Central on 6/5/2019.]
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| Filing 61 APPLICATION of Non-Resident Attorney Jared C. Borriello to Appear Pro Hac Vice on behalf of Counter Defendant Signature Financial, LLC, Plaintiff Signature Financial, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-18744951) filed by Plai ntiff Signature Financial, LLC, Signature Financial, LLC. (Attachments: #1 Proposed Order) (Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
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Filing 60
ORDER RE STIPULATION TO EXTEND DEADLINE TO COMPLETE MEDIATION AND TO FILE JOINT REPORT by Judge Dolly M. Gee: Upon Stipulation #59 , IT IS ORDERED that the parties' deadline to complete early mediation is extended to 2/17/2017, and the deadline to submit a joint status report regarding the results of mediation is extended to 2/24/2017. (gk) [Transferred from California Central on 6/5/2019.]
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| Filing 59 Corrected STIPULATION to Continue Deadline to complete mediation from December 2, 2016 to February 17, 2017 filed by Defendant John McClung. (Attachments: #1 Proposed Order)(Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
| Filing 58 STIPULATION to Continue Deadline to complete mediation from December 2, 2016 to February 17, 2017 filed by Defendant John McClung. (Attachments: #1 Proposed Order)(Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
| Filing 57 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Richard Chernick has been assigned to serve as Panel Mediator. (mb) [Transferred from California Central on 6/5/2019.] |
| Filing 56 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Richard Chernick may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Signature Financial, LLC(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
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Filing 55
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. On September 12, 2016, the Clerk entered default as to Third Party Defendant JMOS Acquisition, LLC #54 . The order to show cause dated August 19, 2016 #49 is hereby DISCHARGED. Third-party Plaintiff shall move for default judgment within 30 days after a final disposition of the action. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY [Transferred from California Central on 6/5/2019.]
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| Filing 54 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Third Party Defendant JMOS Acquisition, LLC. (gk) [Transferred from California Central on 6/5/2019.] |
| Filing 53 REQUEST for Clerk to Enter Default against Third-party Defendant JMOS Acquisition, LLC filed by Third-party Plaintiff John McClung. Request set for hearing on 9/30/2016 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Vanessa Jarvis) (Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
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Filing 52
ORDER/REFERRAL to ADR Procedure No 2 by Judge Dolly M. Gee. Case ordered to Court Mediation Panel for mediation. If the parties have not selected and obtained the consent of a Panel Mediator within twenty-one (21) days, the ADR Program will assign one. The ADR proceeding is to be completed no later than: 12-2-16 (early mediation); 8-15-17. Joint report re results of early mediation due by 12-9-16; joint status report re settlement due by 8-22-16; no appearance necessary. (lom) Modified on 8/24/2016 (lom). [Transferred from California Central on 6/5/2019.]
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Filing 51
SCHEDULING AND CASE MANAGEMENT ORDER RE COURT TRIAL by Judge Dolly M. Gee. The Court deems a Scheduling Conference unnecessary and hereby vacates the hearing. Amended Pleadings due by 12/2/2016. Discovery cut-off 6/6/2017. Exhibit List due by 9/1/2017. Motions in Limine to be filed by 8/22/2017. Motions due by 6/16/2017. Proposed Pretrial Order due by 9/1/2017. Last date to conduct settlement conference is 8/15/2017. Status Report due by 8/22/2017. Witness List due by 9/1/2017. Final Pretrial Conference set for 9/12/2017 02:00 PM before Judge Dolly M. Gee. Bench Trial set for 10/10/2017 08:30 AM before Judge Dolly M. Gee. (Attachments: #1 Schedule of Pretrial and Trial Dates - Court Trial) (lom) Modified on 8/24/2016 (lom). [Transferred from California Central on 6/5/2019.]
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| Filing 50 ANSWER to Counterclaim filed by Counter-Defendant Signature Financial, LLC.(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
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Filing 49
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee. (Show Cause Response due by 9/2/2016.) (mrgo) [Transferred from California Central on 6/5/2019.]
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| Filing 48 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Defendant John McClung, upon Third-party defendant JMOS Acquisition, LLC served on 7/22/2016, answer due 8/12/2016. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
| Filing 47 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8 days, filed by Defendant John McClung, Counter Claimant John McClung, ThirdParty Plaintiff John McClung.. (Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
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Filing 46
ORDER by Judge Dolly M. Gee, re Stipulation to Continue the Scheduling Conference and Additional Time to Answer the Counterclaim, #45 . IT IS ORDERED that the Scheduling Conference in this matter is continued to August 26, 2016 at 11:00 a.m., and that all dates related to the scheduling conference such as the deadline for the Parties to file their Joint Statement, shall be pursuant to the August 26, 2016 date. IT IS FURTHER ORDERED that the Plaintiffs deadline to respond or otherwise move to Defendants counterclaim is August 22, 2016. (shb) [Transferred from California Central on 6/5/2019.]
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| Filing 45 STIPULATION to Continue Scheduling Conference and Time for Plaintiff to Respond to Counterclaim from August 5, 2016 and August 8, 2016, respectively, to August 26, 2016 and August 22, 2016, respectively, filed by Defendant Signature Financial, LLC. (Attachments: #1 Declaration, #2 Proposed Order)(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 44 Notice of Appearance or Withdrawal of Counsel: for attorney Vanessa Jarvis counsel for Defendant John McClung, Counter Claimant John McClung, ThirdParty Plaintiff John McClung. Adding Vanessa Jarvis as counsel of record for John McClung for the reason indicated in the G-123 Notice. Filed by Defendant, Counter-Claimant & Third-party Plaintiff John McClung. (Attorney Vanessa Jarvis added to party John McClung(pty:dft), Attorney Vanessa Jarvis added to party John McClung(pty:cc), Attorney Vanessa Jarvis added to party John McClung(pty:3pp))(Jarvis, Vanessa) [Transferred from California Central on 6/5/2019.] |
| Filing 43 MINUTES OF Telephone Status Conference held before Judge Dolly M. Gee: The cause is called and parties state their appearance. The Court and parties confer regarding the status of Defendants legal representation.1 The parties orally stipulated to an extension of time for Plaintiff to respond to Defendants counterclaim. The Court APPROVES the stipulation and the deadline for Plaintiffs response is extended to August 8, 2016. Court Reporter: Anne Kielwasser. (kti) [Transferred from California Central on 6/5/2019.] |
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Filing 42
MINUTES OF IN CHAMBERS - ORDER DENYING DEFENDANT'S ATTORNEY MARTIN SEIDLER'S MOTION TO WITHDRAW AS COUNSEL AS MOOT AND SETTING A TELEPHONIC STATUS CONFERENCE by Judge Dolly M. Gee: Defendant's Attorney Martin Seidler's motion to withdraw as counsel and to substitute pro se defendant #32 is DENIED as moot and the 7/15/2016 hearing is VACATED. The parties are ordered to participate in a telephonic status conference with the Court on 6/24/2016 at 10:30 AM. No later than two days before the hearing, counsel shall contact the courtroom deputy clerk to confirm the telephone number (landline only) at which they wish to be contacted. Court Reporter: Not Reported. (gk) [Transferred from California Central on 6/5/2019.]
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Filing 41
ORDER by Judge Dolly M. Gee: Granting #38 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (gk) [Transferred from California Central on 6/5/2019.]
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| Filing 40 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26 (f)] by Judge Dolly M. Gee is set for hearing 8/5/2016 at 11:00 AM. (iv) [Transferred from California Central on 6/5/2019.] |
| Filing 39 21-Day Summons Issued re Third Party Complaint #36 as to Third Party Defendant JMOS Acquisition, LLC. (gk) [Transferred from California Central on 6/5/2019.] |
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Filing 35
ORDER by Judge Dolly M. Gee granting Request for Approval of Substitution of Defendant John McClung, in pro se, in place of attorney Martin Seidler #34 . (gk) [Transferred from California Central on 6/5/2019.]
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| Filing 34 REQUEST FOR APPROVAL OF SUBSTITUTION of Defendant John McClung, in pro se, in place of attorney Martin Seidler filed by Defendant John McClung. (gk) [Transferred from California Central on 6/5/2019.] |
| Filing 38 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Defendant John McClung. (gk) [Transferred from California Central on 6/5/2019.] |
| Filing 37 NOTICE of Interested Parties filed by Defendant, Counterclaimant and Third Party Plaintiff John McClung. (gk) [Transferred from California Central on 6/5/2019.] |
| Filing 36 ANSWER to Complaint #1 ; COUNTERCLAIM against Signature Financial, LLC; and THIRD PARTY COMPLAINT against JMOS Acquisition, LLC; with JURY DEMAND filed by Defendant John McClung. (gk) Modified on 6/17/2016 (gk). (Main Document 36 replaced on 6/17/2016) (clee). [Transferred from California Central on 6/5/2019.] |
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Filing 33
MINUTE ORDER IN CHAMBERS by Judge Dolly M. Gee: On June 9, 2016, Martin Seidler, Esq., counsel for Defendant John A. McClung, filed a motion to withdraw as counsel for said defendant #32 . As defense counsel failed to set his motion for hearing, this Court hereby sets a hearing for July 15, 2016 at 9:30 a.m. Defense counsel shall appear for this hearing either in person or telephonically, as explained below. No later than July 1, 2016, defense counsel shall file (1) proof of service indicating service of this Order on defendant and (2) a declaration regarding the status of compliance with this Order. The Court sua sponte extends the time by which Defendant must file his Answer to the Complaint to July 29, 2016. IT IS SO ORDERED. (See order for details.) (kti) [Transferred from California Central on 6/5/2019.]
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Filing 31
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court hereby VACATES and RESCINDS the notice of discrepancies order dated June 10, 2016 #30 and orders the clerk to accept the motion to withdraw as filed. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY [Transferred from California Central on 6/5/2019.]
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Filing 30
NOTICE OF DISCREPANCY AND ORDER: by Judge Dolly M. Gee, ORDERING Attorney Maring Seidler's Motion to Withdraw as Counsel and to Substitute Pro Se Defendant submitted by Defendant John McClung received on 6/9/16 is not to be filed but instead rejected. Denial based on: Local Rule 5-4.1: Documents must be filed electronically. (bm) [Transferred from California Central on 6/5/2019.]
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| Filing 32 MOTION by Martin Seidler to Withdraw as Counsel and to Substitute Pro Se Defendant John McClung. (gk) [Transferred from California Central on 6/5/2019.] |
| Filing 29 NOTICE filed by Plaintiff Signature Financial, LLC. OF INITIAL STANDING ORDER OF JUDGE DOLLY M. GEE AND PROOF OF SERVICE (Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 28 RESPONSE filed by Pro Hac Vice attorney Marshall L. Armstrong on behalf of Plaintiff Signature Financial, LLC. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as an attorney of record in this case. (lt) [Transferred from California Central on 6/5/2019.] |
| Filing 27 RESPONSE filed by Pro Hac Vice attorney Robert L. Barrows on behalf of Plaintiff Signature Financial, LLC. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as an attorney of record in this case. (lt) [Transferred from California Central on 6/5/2019.] |
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Filing 26
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. Defendant is ordered to file a response to the complaint by no later than June 16, 2016. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iv) TEXT ONLY ENTRY [Transferred from California Central on 6/5/2019.]
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Filing 25
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (iv) [Transferred from California Central on 6/5/2019.]
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| Filing 24 NOTICE of Appearance filed by attorney Michael J Niborski on behalf of Plaintiff Signature Financial, LLC (Attorney Michael J Niborski added to party Signature Financial, LLC(pty:pla))(Niborski, Michael) [Transferred from California Central on 6/5/2019.] |
| Filing 23 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) [Transferred from California Central on 6/5/2019.] |
| Filing 21 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Martin Warren Seidler. 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. (jtil) [Transferred from California Central on 6/5/2019.] |
| Filing 22 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Frederick F. Mumm. (jtil) [Transferred from California Central on 6/5/2019.] |
| Filing 20 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Robert L. Barrows. 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. (jtil) [Transferred from California Central on 6/5/2019.] |
| Filing 19 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Marshall L. Armstrong. 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. (jtil) [Transferred from California Central on 6/5/2019.] |
| Filing 18 ORIGINAL file, certified copy of transfer order and docket sheet received from Texas Western [Transferred from California Central on 6/5/2019.] |
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Filing 17
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #16 Report and Recommendations, Case No Longer Referred to Magistrate Judge. Signed by Judge Fred Biery. (aej) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.]
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| Filing 16 REPORT AND RECOMMENDATIONS re #10 Motion to Dismiss, Motion to Transfer Case filed by John McClung, CASE NO LONGER REFERRED to Magistrate Judge Pamela A. Mathy. Signed by Judge Pamela A. Mathy. (aej) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.] |
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Filing 15
ORDER REFERRING CASE to Magistrate Judge Pamela A. Mathy. Signed by Judge Fred Biery.. Referral Magistrate Judge: Pamela A. Mathy. (wg) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.]
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| Filing 14 REPLY to Response to Motion, filed by John McClung, re #10 MOTION to Dismiss MOTION to Transfer Case filed by Defendant John McClung (Seidler, Martin) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.] |
| Filing 13 RESPONSE to Motion, filed by Signature Financial, LLC, re #10 MOTION to Dismiss MOTION to Transfer Case filed by Defendant John McClung (Attachments: #1 Exhibit, #2 Proposed Order)(Armstrong, Marshall) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.] |
| Filing 12 STIPULATION by Signature Financial, LLC. (Armstrong, Marshall) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.] |
| Filing 11 Memorandum in Support of #10 MOTION to Dismiss MOTION to Transfer Case by John McClung. (Seidler, Martin) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.] |
| Filing 10 MOTION to Dismiss , MOTION to Transfer Case by John McClung. (Attachments: #1 Affidavit Declaration of John McClung, #2 Proposed Order Dismissal Order, #3 Proposed Order Transfer Order)(Seidler, Martin) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.] |
| Filing 9 SUMMONS Returned Executed by Signature Financial, LLC. John McClung served on 2/15/2016, answer due 3/7/2016. (Armstrong, Marshall) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.] |
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Filing 8
ORDER GRANTING #7 Motion Additional Time to Serve Defendant, Plaintiff shall have until Wednesday, April 20, 2016, to serve process on the defendant, John McClung. Signed by Judge Fred Biery. (wg) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.]
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| Filing 7 MOTION Requesting Additional Time to Serve Defendant by Signature Financial, LLC. (Attachments: #1 Exhibit, #2 Proposed Order)(Armstrong, Marshall) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.] |
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Filing 6
ORDER GRANTING #5 Motion to Substitute Service on Defendant. Signed by Judge Fred Biery. (wg) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.]
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| Filing 5 MOTION to Substitute Service on Defendant by Signature Financial, LLC. (Attachments: #1 Exhibit, #2 Proposed Order)(Armstrong, Marshall) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.] |
| Filing 4 RULE 7 DISCLOSURE STATEMENT filed by Signature Financial, LLC. (Armstrong, Marshall) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.] |
| Filing 3 Summons Issued as to John McClung. (aej) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.] |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Signature Financial, LLC. (Barrows, Robert) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.] |
| Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-7977531), filed by Signature Financial, LLC. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Barrows, Robert) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.] |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Mathy (wg) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.] |
| Case Randomly Assigned to Chief Judge Fred Biery. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (wg) [Transferred from Texas Western on 5/25/2016.] [Transferred from California Central on 6/5/2019.] |
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