Villarreal, et al v. Saenz, et al
| ZROBLACK, LLC and JONATHAN VILLAREAL |
| GUNN, LEE & CAVE, P.C. and MIGUEL VILLARREAL, JR. |
| JOHN SAENZ |
| Jonathan Villarreal |
| 5:2020cv00571 |
| May 8, 2020 |
| US District Court for the Western District of Texas |
| Orlando L Garcia |
| Other Fraud |
| 18 U.S.C. § 1030 Computer Fraud and Abuse Act |
| Plaintiff |
Docket Report
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Filing 91
ORDER ADOPTING REPORT AND RECOMMENDATIONS --For the reasons stated in the recommendation, Defendant John Saenzs Motion for Attorneys Fees (docket no. 85) is GRANTED IN PART and DENIED IN PART and Defendant Saenz is hereby awarded the sum of $38,766.00 in attorneys fees as the prevailing party in this case. for #87 Report and Recommendations. Signed by Judge Orlando L. Garcia. (mgr)
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| Filing 89 Certified Mail Receipt returned as delivered of #87 Report and Recommendations (mgr) |
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Text Order VACATING #85 Text Order WITHDRAWING REFERRAL TO U.S. MAGISTRATE JUDGE FARRER 85 Motion for Attorney Fees Motion for Attorney Fees entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)
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| Filing 88 Certified Mail Receipt of #87 Report and Recommendations (mgr) |
| Filing 87 REPORT AND RECOMMENDATIONS re #85 Motion for Attorney Fees filed by JOHN SAENZ, John Saenz. Signed by Judge Richard B. Farrer. (mgr) |
| Motions No Longer Referred: #85 MOTION for Attorney Fees (mgr) |
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Text Order WITHDRAWING REFERRAL TO U.S. MAGISTRATE JUDGE FARRER #85 Motion for Attorney Fees entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)
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| Filing 86 ATTACHMENT Proposed Order to #85 MOTION for Attorney Fees by JOHN SAENZ. (Vanderhider, David) |
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Text Order REFERRING #85 Motion for Attorney Fees to United States Magistrate Judge Richard B. Farrer for consideration entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)
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| Filing 85 MOTION for Attorney Fees by JOHN SAENZ. (Attachments: #1 Exhibit 1)(Vanderhider, David) |
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Filing 82
ORDER RETURNING CASE TO DISTRICT COURT, CASE NO LONGER REFERRED to Magistrate Judge Richard B. Farrer. Signed by Judge Richard B. Farrer. (mgr)
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| Filing 83 FINAL JUDGMENT. Signed by Chief Judge Orlando L. Garcia. (mgr) |
| Filing 81 MOTION to Dismiss Counterclaims without Prejudice and Enter Judgment by JOHN SAENZ. (Attachments: #1 Proposed Order Granting Motion to Dismiss). Motions referred to Judge Richard B. Farrer. (Vanderhider, David) |
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Filing 80
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #78 Report and Recommendations; All claims asserted by Plaintiff John Villareal individually against Defendant John Saenz, are hereby DISMISSED, to the extent any remaining claims exist. Signed by Chief Judge Orlando L. Garcia. (rg)
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| Filing 79 Certified Mail Receipt of #78 Report and Recommendations (mgr) |
| Filing 78 REPORT AND RECOMMENDATIONS re #76 Motion for Judgment on the Pleadings filed by JOHN SAENZ, John Saenz. Signed by Judge Richard B. Farrer. (mgr) |
| Defendant John Saenza no longer terminated -previously terminated in error. (mgr) |
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Filing 77
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #74 Report and Recommendations. Signed by Chief Judge Orlando L. Garcia. (mgr)
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| Filing 76 MOTION for Judgment on the Pleadings by JOHN SAENZ. (Attachments: #1 Proposed Order Granting Defendant John Saenz's Motion for Judgment on the Pleadings). Motions referred to Judge Richard B. Farrer. (Vanderhider, David) |
| Filing 75 Certified Mail Receipt of #74 Report and Recommendations (mgr) |
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Filing 74
REPORT AND RECOMMENDATIONS re #62 ORDER GRANTING #60 Motion to Withdraw as Attorney. Signed by Judge Richard B. Farrer. (mgr)
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Text Order DENYING #71 Motion for Sanctions for failure to comply with Rule 11's safe harbor provision and further, for failing to state a sufficient basis for the imposition of sanctions under Rule 11. Moreover, the Court lacks jurisdiction to grant the relief requested (imprisoning the so-called "criminals"). Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmag)
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| Filing 72 Response in Opposition to Motion, filed by JOHN SAENZ, re #71 MOTION for Sanctions filed by Plaintiff JONATHAN VILLAREAL (Attachments: #1 Proposed Order)(Vanderhider, David) |
| Filing 71 MOTION for Sanctions by JONATHAN VILLAREAL. (Attachments: #1 Exhibit AA, #2 Exhibit U, #3 Exhibit U-B, #4 Exhibit U-C, #5 Exhibit U-D, #6 Exhibit U-E, #7 Exhibit U-F, #8 Exhibit U-G, #9 Errata U-H). Motions referred to Judge Richard B. Farrer. (mgr) |
| Filing 69 Defendant John Saenz's Original ANSWER to #35 Amended Complaint,,,,,, by JOHN SAENZ.(Vanderhider, David) |
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Text Order GRANTING #66 Motion for Extension of Time as unopposed. See Local Rule CV-7(d)(2). Entered by Judge Richard B. Farrer. Plaintiff is granted an extension and shall have up to and including September 20, 2021, to obtain a new attorney. ZroBlack must have counsel enter an appearance on the docket in order to avoid dismissal of its claims, See Memon v. Allied Domecq QSR, 385 F.3d 871, 873 & n.5 (5th Cir. 2004), on or before September 20, 2021. Plaintiff is reminded that it is his responsibility to advise the United States District Clerks Office and Defendant(s) of his current address and to promptly furnish change-of-address information. Failure to comply may be interpreted as failure to prosecute and may result in dismissal of the case. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lr)
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| Filing 68 Re-mailed -Certified Mail Receipt of #62 Order on Motion to Withdraw as Attorney (mgr) |
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Filing 67
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #58 Report and Recommendations, #59 Report and Recommendations. Signed by Chief Judge Orlando L. Garcia. (mgr)
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| Regenerated Order (doc #62) and Order (doc #67) to new address list on entry #66 filed by Plaintiff. (mgr) |
| Filing 66 MOTION FOR AN EXTENSION OF TIME TO OBTAIN NEW REPRESENTATION by JONATHAN VILLAREAL.. Motions referred to Judge Richard B. Farrer. (mgr) (Additional attachment(s) added on 7/26/2021: #1 Exhibit a) (mgr). |
| Filing 63 Mailed Order via USPS and Certified Mail Receipt of #62 Order on Motion to Withdraw as Attorney (mgr) |
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Filing 62
ORDER GRANTING #60 Motion to Withdraw as Attorney. Signed by Judge Richard B. Farrer. (mgr)
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| Filing 61 OBJECTION to #59 Report and Recommendations of United States Magistrate Judge by JOHN SAENZ.. (Vanderhider, David) |
| Filing 60 MOTION to Withdraw as Attorney Charles M.R. Vethan, Joseph L. Lanza, and the Vethan Law Firm by JONATHAN VILLAREAL. (Attachments: #1 Proposed Order). Motions referred to Judge Richard B. Farrer. (Vethan, Charles) |
| Filing 59 REPORT AND RECOMMENDATIONS re #41 Motion to Dismiss, filed by JOHN SAENZ, #40 Motion to Dismiss, filed by MIGUEL VILLARREAL, JR., GUNN, LEE & CAVE, P.C.. Signed by Judge Richard B. Farrer. (mgr) |
| Filing 58 REPORT AND RECOMMENDATIONS re #34 Sealed Motion,,,,,, #37 Redacted copy for the public record filed by JONATHAN VILLAREAL. Signed by Judge Richard B. Farrer. (mgr) |
| Filing 57 ADVISORY TO THE COURT by JOHN SAENZ (Joint Advisory). (Vanderhider, David) |
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Filing 56
ORDERED THAT on or before 11:59 pm on April 16, 2021, the parties shall meaningfully confer regarding this issue and then file a joint advisory regarding the status of their discussions. In the meantime, the Court will withhold issuing a Report and Recommendation on Plaintiffs Application, Dkt. Nos. 34 & 37. IT IS FURTHER ORDERED THAT Saenzs Motion to Dismiss, Dkt. No. 41, and the Motion to Dismiss filed by the Law Firm Defendants, Dkt. No. 40, are HELD IN ABEYANCE pending the issuance of a written Report and Recommendation. Signed by Judge Richard B. Farrer. (rg)
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| Filing 55 Minute Entry for proceedings held before Judge Richard B. Farrer: Motion Hearing held on 4/13/2021 re #34 Sealed Motion filed filed by JONATHAN VILLAREAL, #40 MOTION to Dismiss with Prejudice All Claims and Causes of Action Against Defendants Miguel Villarreal, JR and Gunn, Lee & Cave, PC Pursuant to Fed. R. Civ. P. 12(b)(6) filed by MIGUEL VILLARREAL, JR., GUNN, LEE & CAVE, P.C. (Minute entry documents are not available electronically.). (Court Reporter FTR Gold.)(mgr) |
| Filing 54 DEFENDANT JOHN SAENZS SUR-REPLY IN SUPPORT OF HIS RESPONSE INOPPOSITION TO PLAINTIFFS FIRST AMENDED APPLICATION FOR SEIZURE,TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, ANDPERMANENT INJUNCTIVE RELIEF to #2 Notice Application for Seizure and Injunctive Relief (Other),,,, #42 Response in Opposition to Motion, by JOHN SAENZ. (mgr) |
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Text Order GRANTING as unopposed #53 Motion for Leave to File entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lr)
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| Filing 53 MOTION for Leave to File Defendant John Saenz's Sur-Reply in Support of His Response in Opposition to Plaintiff's First Amended Application for Seizure, Temporary Restraining Order, Preliminary Injunction, and Permanent Injunctive Relief by JOHN SAENZ. (Attachments: #1 Exhibit A, #2 Proposed Order). Motions referred to Judge Richard B. Farrer. (Vanderhider, David) |
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Text Order GRANTING as unopposed #52 Motion to Reset Hearing. The hearing set for March 23, 2021, at 10:00 a.m. is hereby RESET to April 13, 2021, at 10:00 a.m. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lr)
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| Motion Hearing: #40 MOTION to Dismiss with Prejudice All Claims and Causes of Action Against Defendants Miguel Villarreal, JR and Gunn, Lee & Cave, PC Pursuant to Fed. R. Civ. P. 12(b)(6), #34 Sealed Motion filed, #41 MOTION to Dismiss Plaintiff's First Amended Verified Complaint and Application for Seizure, Temporary Restraining Order, Preliminary Injunction, and Permanent Injunctive Relief. Motion Hearing reset for 4/13/2021 10:00 AM before Judge Richard B. Farrer, (mgr) |
| Filing 52 Unopposed MOTION for Hearing Motion to Reset the Hearing Currently Set for March 23, 2021 by JONATHAN VILLAREAL. (Attachments: #1 Proposed Order). Motions referred to Judge Richard B. Farrer. (Vethan, Charles) |
| Filing 51 REPLY to Response to Motion, filed by GUNN, LEE & CAVE, P.C., MIGUEL VILLARREAL, JR., re #40 MOTION to Dismiss with Prejudice All Claims and Causes of Action Against Defendants Miguel Villarreal, JR and Gunn, Lee & Cave, PC Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Defendant MIGUEL VILLARREAL, JR., Defendant GUNN, LEE & CAVE, P.C. (Wilson, Natalie) |
| Filing 50 RESPONSE in Support, filed by JOHN SAENZ, re #41 MOTION to Dismiss Plaintiff's First Amended Verified Complaint and Application for Seizure, Temporary Restraining Order, Preliminary Injunction, and Permanent Injunctive Relief filed by Defendant JOHN SAENZ, #40 MOTION to Dismiss with Prejudice All Claims and Causes of Action Against Defendants Miguel Villarreal, JR and Gunn, Lee & Cave, PC Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Defendant MIGUEL VILLARREAL, JR., Defendant GUNN, LEE & CAVE, P.C. (Vanderhider, David) |
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Filing 49
STIPULATION AND AGREED ORDER FOR DEADLINES RELATED TODEFENDANTS REPLIES TO (I) PLAINTIFFS RESPONSE TO DEFENDANTS GUNN,LEE & CAVE, P.C.S AND MIGUEL VILLARREALS SECOND RULE 12(B)(6)MOTION TO DISMISS [DKT. 45] AND (II) PLAINTIFFS RESPONSE TO DEFENDANT JOHN SAENZS RULE 12(B)(6)MOTION TO DISMISS [DKT 46],ORDERED, ADJUDGED AND DECREED that the deadline for Defendants to file Replies to the Responses shall be March 11, 2021.. Signed by Judge Richard B. Farrer. (mgr)
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| Filing 48 MOTION for Extension of Time to File Replies by GUNN, LEE & CAVE, P.C., JOHN SAENZ, MIGUEL VILLARREAL, JR.. (Attachments: #1 Proposed Order). Motions referred to Judge Richard B. Farrer. (Spencer, George) |
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Filing 47
ORDER SETTING MOTIONS HEARING, Set Motion Hearing for #34 Sealed Motion filed, #40 MOTION to Dismiss with Prejudice All Claims and Causes of Action Against Defendants Miguel Villarreal, JR and Gunn, Lee & Cave, PC Pursuant to Fed. R. Civ. P. 12(b)(6), #41 MOTION to Dismiss Plaintiff's First Amended Verified Complaint and Application for Seizure, Temporary Restraining Order, Preliminary Injunction, and Permanent Injunctive Relief ( Motion Hearing set for 3/23/2021 10:00 AM before Judge Richard B. Farrer,). Signed by Judge Richard B. Farrer. (mgr)
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| Filing 46 RESPONSE Plaintiffs' Response to Defendant John Saenz's Rule 12(B)(6) Motion to Dismiss to #41 MOTION to Dismiss Plaintiff's First Amended Verified Complaint and Application for Seizure, Temporary Restraining Order, Preliminary Injunction, and Permanent Injunctive Relief by JONATHAN VILLAREAL. (Vethan, Charles) |
| Filing 45 RESPONSE Plaintiff's Response to Defendants Gunn, Lee & Cave, P.C.'s and Miguel Villarreal's Second Rule 12(B)(6) Motion to Dismiss to #40 MOTION to Dismiss with Prejudice All Claims and Causes of Action Against Defendants Miguel Villarreal, JR and Gunn, Lee & Cave, PC Pursuant to Fed. R. Civ. P. 12(b)(6) by JONATHAN VILLAREAL. (Vethan, Charles) |
| Filing 44 RESPONSE Plaintiff's Reply to Defendant John Saenz's Response in Opposition to #42 Response in Opposition to Motion, by JONATHAN VILLAREAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Vethan, Charles) |
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Text Order GRANTING #43 Motion for Extension of Time to File Response/Reply entered by Judge Richard B. Farrer. The deadline for Plaintiff to file his response in opposition to Defendants' Motions to Dismiss, Dkt. Nos. 40 & 41, and reply in support of his First Amended Application for Seizure, Temporary Restraining Order, Preliminary Injunction, and Permanent Injunctive Relief is extended to February 25, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmag)
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| Filing 43 Unopposed MOTION for Extension of Time to File Response/Reply To Defendants Rule 12 Motions to Dismiss and John Saenz's Response to Plaintiff's Application for Seizure by JONATHAN VILLAREAL. (Attachments: #1 Proposed Order). Motions referred to Judge Richard B. Farrer. (Vethan, Charles) |
| Filing 42 Response in Opposition to Motion, filed by JOHN SAENZ, re #41 MOTION to Dismiss Plaintiff's First Amended Verified Complaint and Application for Seizure, Temporary Restraining Order, Preliminary Injunction, and Permanent Injunctive Relief filed by Defendant JOHN SAENZ (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Vanderhider, David) |
| Filing 41 MOTION to Dismiss Plaintiff's First Amended Verified Complaint and Application for Seizure, Temporary Restraining Order, Preliminary Injunction, and Permanent Injunctive Relief by JOHN SAENZ. (Attachments: #1 Proposed Order). Motions referred to Judge Richard B. Farrer. (Vanderhider, David) |
| Filing 40 MOTION to Dismiss with Prejudice All Claims and Causes of Action Against Defendants Miguel Villarreal, JR and Gunn, Lee & Cave, PC Pursuant to Fed. R. Civ. P. 12(b)(6) by GUNN, LEE & CAVE, P.C., MIGUEL VILLARREAL, JR.. (Attachments: #1 Exhibit A - Engagement Letter, #2 Exhibit B - PSA (Redacted), #3 Exhibit C - Conflict Waiver, #4 Exhibit D - Release, #5 Exhibit E - Appendix). Motions referred to Judge Richard B. Farrer. (Wilson, Natalie) |
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Text Order GRANTING #39 Motion for Extension of Time to File Response/Reply entered by Judge Richard B. Farrer. The deadline for Defendants to file their (1) answer or other responsive pleading in response to Plaintiff's First Amended Verified Complaint and (2) Response to Plaintiff's First Amended Application for Seizure, Temporary Restraining Order, Preliminary Injunction, and Permanent Relief is February 4, 2021. Defendants are advised that these pleadings must be filed separately. To avoid unnecessary duplication, however, they may incorporate other filings by reference. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmag)
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Text Order GRANTING #38 Motion for Leave to File Excess Pages entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmag)
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| Reset Deadlines: GUNN, LEE & CAVE, P.C. answer due 2/4/2021; JOHN SAENZ answer due 2/4/2021; MIGUEL VILLARREAL, JR. answer due 2/4/2021. (rg) |
| Filing 39 MOTION for Extension of Time to File Response/Reply as to #37 Notice of Filing,,,, #35 Amended Complaint,,,,,, by GUNN, LEE & CAVE, P.C., MIGUEL VILLARREAL, JR.. (Attachments: #1 Proposed Order). Motions referred to Judge Richard B. Farrer. (Spencer, George) |
| Filing 38 Unopposed MOTION for Leave to Exceed Page Limitation by GUNN, LEE & CAVE, P.C., MIGUEL VILLARREAL, JR.. (Attachments: #1 Proposed Order). Motions referred to Judge Richard B. Farrer. (Spencer, George) |
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Filing 36
AMENDED REFERRAL ORDER. Signed by Chief Judge Orlando L. Garcia. (mgr)
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| Filing 37 REDACTED Plaintiff's First Amended Appliction for Seizure, Temporary Restraiing Order, Preliminary Injunction, and Permanent Injunctive Relief by JONATHAN VILLAREAL (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, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 37, #37 Exhibit 38, #38 Exhibit 39, #39 Exhibit 40, #40 Exhibit 41)(mgr), #34 Plaintiff's Sealed First Amended Application for Seizure, Temporary Restraining Order, Preliminary Injunction Relief Modified on 1/21/2021,to edit text (mgr). |
| Filing 35 REDACTED PLAINTIFFS FIRST AMENDED VERIFIED COMPLAINT against GUNN, LEE & CAVE, P.C., JOHN SAENZ, MIGUEL VILLARREAL, JR. amending #1 Complaint., filed by JONATHAN VILLAREAL. (Attachments: #1 Plaintiff's First Amended Application for Seizure, Temporary Restraining Order, Preliminary Injunction, and Permandent Relief (REDACTED), #2 Exhibit 1 (REDACTED), #3 Exhibit 2 (REDACTED), #4 Exhibit 3 (REDACTED), #5 Exhibit 4 (REDACTED), #6 Exhibit 5 (REDACTED), #7 Exhibit 6 (REDACTED), #8 Exhibit 7 (REDACTED), #9 Exhibit 8 (REDACTED), #10 Exhibit 9 (REDACTED), #11 Exhibit 10 (REDACTED), #12 Exhibit 11(REDACTED), #13 Exhibit 12(REDACTED), #14 Exhibit 13(REDACTED), #15 Exhibit 14(REDACTED), #16 Exhibit 15(REDACTED), #17 Exhibit 16(REDACTED), #18 Exhibit 17(REDACTED), #19 Exhibit 18(REDACTED), #20 Exhibit 19(REDACTED), #21 Exhibit 20(REDACTED), #22 Exhibit 21(REDACTED), #23 Exhibit 22(REDACTED), #24 Exhibit 23(REDACTED), #25 Exhibit 24(REDACTED), #26 Exhibit 25(REDACTED), #27 Exhibit 26(REDACTED), #28 Exhibit 27(REDACTED), #29 Exhibit 28(REDACTED), #30 Exhibit 29(REDACTED), #31 Exhibit 30(REDACTED), #32 Exhibit 31(REDACTED), #33 Exhibit 32(REDACTED), #34 Exhibit 33(REDACTED), #35 Exhibit 34(REDACTED), #36 Exhibit 35(REDACTED), #37 Exhibit 37(REDACTED), #38 Exhibit 38(REDACTED), #39 Exhibit 39(REDACTED), #40 Exhibit 40(REDACTED), #41 Exhibit 41(REDACTED)) RE: #33 PLAINTIFF'S SEALED FIRST AMENDED VERIFIED COMPLAINT(mgr) . Modified on 1/20/2021, to edit text (mgr). |
| Filing 34 Sealed Motion filed-Plaintiff's Sealed First Amended Application for Seizure, Temporary Restraining Order, Preliminary Injunction, and Permanent Injunction Relief. Referral Judge: Richard B. Farrer. (Attachments: #1 Sealed Document Exhibit 1, #2 Sealed Document Exhibit 2, #3 Sealed Document Exhibit 3, #4 Sealed Document Exhibit 4, #5 Sealed Document Exhibit 5, #6 Sealed Document Exhibit 6, #7 Sealed Document Exhibit 7, #8 Sealed Document Exhibit 8, #9 Sealed Document Exhibit 9, #10 Sealed Document Exhibit 10, #11 Sealed Document Exhibit 11, #12 Sealed Document Exhibit 12, #13 Sealed Document Exhibit 13, #14 Sealed Document Exhibit 14, #15 Sealed Document Exhibit 15, #16 Sealed Document Exhibit 16, #17 Sealed Document Exhibit 17, #18 Sealed Document Exhibit 18, #19 Sealed Document Exhibit 19, #20 Sealed Document Exhibit 20, #21 Sealed Document Exhibit 21, #22 Sealed Document Exhibit 22, #23 Sealed Document Exhibit 23, #24 Sealed Document Exhibit 24, #25 Sealed Document Exhibit 25, #26 Sealed Document Exhibit 26, #27 Sealed Document Exhibit 27, #28 Sealed Document Exhibit 28, #29 Sealed Document Exhibit 29, #30 Sealed Document Exhibit 30, #31 Sealed Document Exhibit 31, #32 Sealed Document Exhibit 32, #33 Sealed Document Exhibit 33, #34 Sealed Document Exhibit 34, #35 Sealed Document Exhibit 35, #36 Sealed Document Exhibit 37, #37 Sealed Document Exhibit 38, #38 Sealed Document Exhibit 39, #39 Sealed Document Exhibit 40, #40 Sealed Document Exhibit 41) (mgr) |
| Filing 33 Sealed Document filed- Plaintiff's Sealed First Amended Verified Complaint (Attachments: #1 Sealed Document Exhibit 1, #2 Sealed Document Exhibit 2, #3 Sealed Document Exhibit 3, #4 Sealed Document Exhibit 4, #5 Sealed Document Exhibit 5, #6 Sealed Document Exhibit 6, #7 Sealed Document Exhibit 7, #8 Sealed Document Exhibit 8, #9 Sealed Document Exhibit 9, #10 Sealed Document Exhibit 10, #11 Sealed Document Exhibit 11, #12 Sealed Document Exhibit 12, #13 Sealed Document Exhibit 13, #14 Sealed Document Exhibit 14, #15 Sealed Document Exhibit 15, #16 Sealed Document Exhibit 16, #17 Sealed Document Exhibit 17, #18 Sealed Document Exhibit 18, #19 Sealed Document Exhibt 19, #20 Sealed Document Exhibit 20, #21 Sealed Document Exhibit 21, #22 Sealed Document Exhibit 22, #23 Sealed Document Exhibit 23, #24 Sealed Document Exhibit 24, #25 Sealed Document Exhibit 25, #26 Sealed Document Exhibit 26, #27 Sealed Document Exhibit 27, #28 Sealed Document Exhibit 28, #29 Sealed Document Exhibit 29, #30 Sealed Document Exhibit 30, #31 Sealed Document Exhibit 31, #32 Sealed Document Exhibit 32, #33 Sealed Document Exhibit 33, #34 Sealed Document Exhibit 34, #35 Sealed Document Exhibit 35, #36 Sealed Document Exhibit 37, #37 Sealed Document Exhibit 38, #38 Sealed Document Exhibit 39, #39 Sealed Document Exhibit 40, #40 Sealed Document Exhibit 41) (mgr) |
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Text Order GRANTING IN PART AND DENYING IN PART #29 Motion for Leave to File Sealed Document entered by Judge Richard B. Farrer. Plaintiff seeks to file his First Amended Complaint and Amended Application requesting injunctive relief under seal, generally asserting that the information contained therein includes confidential business information of a customer that is essential to Plaintiff's business practices and concerns matters of national security. But the proposed Amended Complaint and proposed Amended Application include allegations and proposed exhibits that have already been placed in the public record by Plaintiff, and Plaintiff has made no attempt to explain why his new allegedly confidential allegations can't be redacted. As the Court previously explained, whenever a motion to seal is filed in this case, the parties must separately file a redacted version of the document for the public record. See Dkt. No. 25 (citing Fed. R. Civ. P. 5.2(d)) (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmag)
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Text Order GRANTING #32 Motion for Leave to File entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmag)
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Text Order MOOTING #8 Motion to Dismiss for Failure to State a Claim in light of the filing of the Amended Complaint. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmag)
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Text Order MOOTING #11 Motion to Dismiss in light of the filing of Plaintiff's Amended Complaint entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmag)
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| Filing 32 Unopposed MOTION for Leave to File Plaintiff's Redacted Copies of Documents by JONATHAN VILLAREAL. (Attachments: #1 Plaintiff's First Amended Verified Complaint (REDACTED), #2 Plaintiff's First Amended Application for Seizure, Temporary Restraining Order, Preliminary Injunction, and Permanent Injunctive Relief (REDACTED) #3 Exhibit 1 (REDACTED), #4 Exhibit 2 (REDACTED), #5 Exhibit 3(REDACTED), #6 Exhibit 4(REDACTED), #7 Exhibit 5(REDACTED), #8 Exhibit 6(REDACTED), #9 Exhibit 7(REDACTED), #10 Exhibit 8(REDACTED), #11 Exhibit 9(REDACTED), #12 Exhibit 10(REDACTED), #13 Exhibit 11(REDACTED), #14 Exhibit 12(REDACTED), #15 Exhibit 13(REDACTED), #16 Exhibit 14(REDACTED), #17 Exhibit 15(REDACTED), #18 Exhibit 16(REDACTED), #19 Exhibit 17(REDACTED), #20 Exhibit 18(REDACTED), #21 Exhibit 19(REDACTED), #22 Exhibit 20(REDACTED), #23 Exhibit 21(REDACTED), #24 Exhibit 22(REDACTED), #25 Exhibit 23(REDACTED), #26 Exhibit 24(REDACTED), #27 Exhibit 25(REDACTED), #28 Exhibit 26(REDACTED), #29 Exhibit 27(REDACTED), #30 Exhibit 28(REDACTED), #31 Exhibit 29(REDACTED), #32 Exhibit 30(REDACTED), #33 Exhibit 31(REDACTED), #34 Exhibit 32(REDACTED), #35 Exhibit 33(REDACTED), #36 Exhibit 34(REDACTED), #37 Exhibit 35(REDACTED), #38 Exhibit 37(REDACTED), #39 Exhibit 38(REDACTED), #40 Exhibit 39(REDACTED), #41 Exhibit 40(REDACTED), #42 Exhibit 41(REDACTED), #43 Proposed Order). #29 Motion for leave to File Sealed Document Motions referred to Judge Richard B. Farrer. (Vethan, Charles) Modified on 1/19/2021, to edit text (mgr). |
| Filing 31 RESPONSE Plaintiffs' Answer to Defendant John Saenz to #30 Response in Opposition to Motion by JONATHAN VILLAREAL. (Vethan, Charles) |
| Filing 30 Response in Opposition to Motion, filed by JOHN SAENZ, re #29 Motion for leave to File Sealed Document filed by Plaintiff JONATHAN VILLAREAL (Attachments: #1 Proposed Order)(Vanderhider, David) |
| Filing 29 Motion for leave to File Sealed Document. Referral Judge: Richard B. Farrer. (Attachments: #1 Memo in Support, #2 Sealed Document, #3 Sealed Document, #4 Sealed Document 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Sealed Document 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Sealed Document 34, #38 Exhibit 35, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41, #44 Proposed Order) (Vethan, Charles) |
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Text Order GRANTING IN PART AND DENYING IN PART #27 Motion for Leave to File entered by Judge Richard B. Farrer. The request for leave to file out of time an (1) amended complaint and (2) request for injunctive relief is granted. The aforementioned amended complaint and request for injunctive relief, however, were for some reason filed under seal without a supporting motion for leave to file under seal. Accordingly, Plaintiff shall on or before December 2, 2020, either (1) re-file on the public docket the exact same previously filed amended complaint and request for injunctive relief filed currently as exhibits to Docket Entry #27 or (2) re-file these same matters with appropriate motions for leave to seal. Deadlines to respond to these filings will run from the date these matters are placed on the docket in accordance with this order. Relief not expressly granted herein is denied. (This is a text-only entry generated by the court. There is no document associated with this entry.) (RBF)
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| Filing 28 RESPONSE to Motion, filed by JOHN SAENZ, re #27 MOTION for Leave to File filed by Plaintiff JONATHAN VILLAREAL (Attachments: #1 Proposed Order Denying Plaintiff's Motion for Extension to File First Amended Complaint)(Vanderhider, David) |
| Filing 27 Motion for leave to File Out of Time Referral Judge: Richard B. Farrer. (Attachments: #1 Sealed Document, #2 Sealed Document, #3 Sealed Document Second Declaration of J. Villareal, #4 Sealed Document Certificate of Formation, #5 Sealed Document Zroblack Operating, #6 Sealed Document Assignment of IP, #7 Sealed Document Receipt for Laptop, #8 Sealed Document Mutual NDA, #9 Sealed Document Professional Services, #10 Sealed Document Bank Statement, #11 Sealed Document April 12 Email, #12 Sealed Document Saenz email to Blancco, #13 Sealed Document Text Notification, #14 Sealed Document GLC Terms, #15 Sealed Document Text message, #16 Sealed Document Text message dated July 17, #17 Sealed Document Release, #18 Sealed Document Consent, #19 Sealed Document First Amendment to PSA, #20 Sealed Document Text Request, #21 Sealed Document Email requesting, #22 Sealed Document Email to Mike, #23 Sealed Document Email to Mike asking for help, #24 Sealed Document Email demanding return, #25 Sealed Document Email to Mike and Saenz, #26 Sealed Document Email to Mike to V, #27 Sealed Document Email from Jonathan, #28 Sealed Document GLC Invoices, #29 Sealed Document Text from Saenz, #30 Sealed Document White Paper, #31 Sealed Document Email, #32 Sealed Document Email, #33 Sealed Document Apple Communications, #34 Sealed Document Apple Communications, #35 Sealed Document Email to Blancco, #36 Sealed Document Text messages, #37 Sealed Document Notice letter, #38 Sealed Document Federal help desk, #39 Sealed Document Defense logistics, #40 Sealed Document 39exhibit, #41 Sealed Document 40exhibit, #42 Sealed Document 41exhibit, #43 Proposed Order) (Vethan, Charles) Modified on 11/19/2020, to edit text (mgr). |
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Filing 26
CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Judge Richard B. Farrer. (mgr)
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Filing 25
ORDER-- Plaintiff Jonathan Villarreal individually and on behalf of Zroblack, LLC may file an amended complaint and request for injunctive relief within thirty (30) days from the date of this Order. Finally, the deadline for the parties to file their ADR Report as set forth in the Courts Scheduling Order, Dkt. No. 21, is STAYED until otherwise ordered by the Court. Signed by Judge Richard B. Farrer. (bc)
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| Filing 24 Minute Entry for proceedings held before Judge Richard B. Farrer: Status Conference held on 10/14/2020 (Minute entry documents are not available electronically.). (Court Reporter FTR Gold.)(cd) |
| Filing 23 STATUS CONFERENCE ( Status Conference set for 10/14/2020 10:00 AM before Judge Richard B. Farrer,). Signed by Judge Richard B. Farrer. (mgr) |
| Notice of Correction:***NOTIFIED COUNSEL THAT THE ENTRY WAS EDITED TO REFLECT THE CORRECT ADR DUE DATE*** re #21 Scheduling Order. (mgr) |
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Filing 22
ORDER REFERRING CASE to Magistrate Judge Richard B. Farrer. Signed by Chief Judge Orlando L. Garcia. (wg)
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Filing 21
SCHEDULING ORDER: ADR Report Deadline due by 10/23/2020,. Signed by Chief Judge Orlando L. Garcia. (mgr) Modified on 9/22/2020, to edit text (mgr).
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| Filing 20 Proposed Scheduling Order Joint Proposed Scheduling Order by GUNN, LEE & CAVE, P.C., MIGUEL VILLARREAL, JR.. (Wilson, Natalie) |
| Filing 19 REPLY to Response to Motion, filed by GUNN, LEE & CAVE, P.C., MIGUEL VILLARREAL, JR., re #11 MOTION to Dismiss filed by Defendant MIGUEL VILLARREAL, JR., Defendant GUNN, LEE & CAVE, P.C. (Wilson, Natalie) |
| Filing 18 NOTICE of Non-Consent To Proceed Before Magistrate by JONATHAN VILLAREAL (Vethan, Charles) |
| Filing 17 NON-CONSENT to Trial by US Magistrate Judge by GUNN, LEE & CAVE, P.C., MIGUEL VILLARREAL, JR.. (Spencer, George) |
| Filing 16 CONSENT to Trial by US Magistrate Judge by JOHN SAENZ. (Sullivan, Ryan) |
| Filing 15 RESPONSE to Motion, filed by JONATHAN VILLAREAL, re #11 MOTION to Dismiss filed by Defendant MIGUEL VILLARREAL, JR., Defendant GUNN, LEE & CAVE, P.C. (Vethan, Charles) |
| Filing 14 REPLY to Response to Motion, filed by JOHN SAENZ, re #8 Motion to Dismiss for Failure to State a Claim filed by Defendant JOHN SAENZ (Sullivan, Ryan) |
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Text Order GRANTING #13 Unopposed Motion for Extension of Time to File Response/Reply. IT IS THEREFORE ORDERED that the deadline for Plaintiff to respond to Defendants Gunn, Lee & Cave, P.C. and Miguel Villarreals Motion to Dismiss is extended seven (7) days, from July 27, 2020 until August 3, 2020 entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss by JONATHAN VILLAREAL. (Attachments: #1 Proposed Order)(Vethan, Charles) |
| Filing 12 RESPONSE TO DEFENDANT JOHN SAENZ'S RULE 12(b)(6) to #8 Motion to Dismiss for Failure to State a Claim by JONATHAN VILLAREAL. (Vethan, Charles) |
| Filing 11 MOTION to Dismiss by GUNN, LEE & CAVE, P.C., MIGUEL VILLARREAL, JR.. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E")(Wilson, Natalie) |
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Filing 10
ORDER AND ADVISORY -It is ORDERED that the Plaintiff(s) confer with the Defendant(s) as required by Fed.R.Civ.P 26(f) and Local Court Rule CV-16(c) to submit a proposed scheduling order for the Court's consideration within forty-five(45) days of the filing of this Order. Signed by Chief Judge Orlando L. Garcia. (mgr)
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Text Order GRANTING #9 Unopposed Motion for Extension of Time to File Response. IT IS THEREFORE ORDERED that the Defendant has until July 14, 2020 to file a response entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)
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| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply by JONATHAN VILLAREAL. (Attachments: #1 Proposed Order)(Vethan, Charles) |
| Filing 8 Motion to Dismiss for Failure to State a Claim by JOHN SAENZ. (Attachments: #1 Proposed Order)(Vanderhider, David) |
| Filing 7 SUMMONS Returned Executed by JONATHAN VILLAREAL. JOHN SAENZ served on 6/2/2020, answer due 6/23/2020. (Vethan, Charles) |
| Filing 6 WAIVER OF SERVICE Returned Executed by MIGUEL VILLARREAL, JR. as to MIGUEL VILLARREAL, JR.. Waiver sent on 5/13/2020, answer due 7/13/2020. (Spencer, George) |
| Filing 5 WAIVER OF SERVICE Returned Executed by GUNN, LEE & CAVE, P.C. as to GUNN, LEE & CAVE, P.C.. Waiver sent on 5/13/2020, answer due 7/13/2020. (Spencer, George) |
| Filing 4 Summons Issued as to JOHN SAENZ. (mgr) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS by JONATHAN VILLAREAL. (Vethan, Charles) |
| Case assigned to Chief Judge Orlando L. Garcia. 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. (cd) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (cd) |
| Filing 2 NOTICE Application for Seizure and Injunctive Relief by JONATHAN VILLAREAL re #1 Complaint (Attachments: #1 Exhibit Jonthan Villarreal Signed Declaration, #2 Exhibit Certificate of Formation, #3 Exhibit ZroBlack Operating Agmt., #4 Exhibit Assignment, #5 Exhibit Receipt for Laptop, #6 Exhibit Mutual NDA, #7 Exhibit Professional Services, #8 Exhibit Bank Statement, #9 Exhibit April 12 email, #10 Exhibit Saenz email, #11 Exhibit Text notification, #12 Exhibit GLC Terms, #13 Exhibit Text Message, #14 Exhibit Text message dated July 17, #15 Exhibit Release, #16 Exhibit Consent, #17 Exhibit First Amendment to PSA, #18 Exhibit Text Request for Transfer, #19 Exhibit Email requesting transfer, #20 Exhibit Email to Mike, #21 Exhibit Email to Mike, #22 Exhibit Email demanding, #23 Exhibit Email to Mike and Saenz, #24 Exhibit Email from Mike to V, #25 Exhibit Email from Jonathan, #26 Exhibit GLC Invoices, #27 Exhibit Text from Saenz)(Vethan, Charles) |
| Filing 1 COMPLAINT Plaintiff's Original Complaint ( Filing fee $ 400 receipt number 0542-13550289). No Summons requested at this time, filed by JONATHAN VILLAREAL. (Attachments: #1 Civil Cover Sheet)(Vethan, Charles) |
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