Julia Hubbard et al v. Trammell S. Crow, Jr. et al
Plaintiff: Julia Hubbard and Kayla Goedinghaus
Defendant: Trammell S Crow, Jr., Dr. Benjamin Todd Eller, Richard Hubbard, Dr. Melissa Miller, Joseph Bolin, Dr. Scott Woods, Dr. Mrugeshkumar Shah, Michael Cain, Coe Juracek, Philip Ecob, H.J. Cole, Cody Mitchell, Kurt Knewitz, Paul Pendergrass, Ralph Rogers, Robert Pruitt, Scott Brunson, Case Grover, Richard Butler, Mark Molina, Michael Hynes, Jr., Shawn Mayer, Jade Mayer, RCI Hospitality Holdings, Inc., Integrity Based Marketing, LLC, Storm Fitness Nutrition, LLC, Ultra Combat Nutrition, LLC, EcoLoft Homes LLC, Elevated Wellness Partners LLC, Doe Individuals, Doe Companies, Aaron Burlingame and The Estate of Dr. Joseph Bolin
Case Number: 5:2023cv00580
Filed: May 5, 2023
Court: US District Court for the Western District of Texas
Presiding Judge: Fred Biery
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. ยง 1962 Racketeering (RICO) Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2023 Opinion or Order Filing 230 ORDER GRANTING #229 Motion to Substitute Attorney. Added attorney Steven J. Berry for Robert Pruitt. Signed by Judge Fred Biery. (mgr)
August 25, 2023 Filing 229 MOTION to Substitute Attorney by Robert Pruitt. (Attachments: #1 Proposed Order Proposed Order)(Berry, Steven)
August 24, 2023 Filing 228 RESPONSE in Support, filed by Benjamin Todd Eller, re #204 Third MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Benjamin Todd Eller (Cameron-Banks, Indira)
August 24, 2023 Filing 227 REPLY to Response to Motion, filed by Cody Mitchell, re #202 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Defendant Cody Mitchell (Simpson, Alec)
August 24, 2023 Filing 226 REPLY to Response to Motion, filed by Coe Juracek, re #203 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Defendant Coe Juracek (Pearson, Evan)
August 24, 2023 Filing 225 REPLY to Response to Motion, filed by RCI Hospitality Holdings, Inc., re #201 Motion to Dismiss for Failure to State a Claim filed by Defendant RCI Hospitality Holdings, Inc. (Roark, Stephanie)
August 24, 2023 Filing 224 REPLY to Response to Motion, filed by Case Grover, re #200 Motion to Dismiss for Failure to State a Claim filed by Defendant Case Grover (Roark, Stephanie)
August 24, 2023 Filing 223 RESPONSE in Support, filed by Melissa Miller, re #198 MOTION to Dismiss Amended Complaint filed by Defendant Melissa Miller (Geisler, R.)
August 24, 2023 Filing 222 REPLY in Support, filed by Trammell S Crow, Jr., re #196 MOTION to Dismiss filed by Defendant Trammell S Crow, Jr. (mgr)
August 24, 2023 Opinion or Order Filing 221 ORDER GRANTING #219 Motion for Leave to File Excess Pages Signed by Judge Fred Biery. (mgr)
August 24, 2023 Filing 220 RESPONSE in Support, filed by Scott Woods, re #199 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Defendant Scott Woods (Paret, Daniel)
August 23, 2023 Filing 219 Unopposed MOTION for Leave to Exceed Page Limitation by Trammell S Crow, Jr.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Stone, Kenneth)
August 17, 2023 Filing 218 Response in Opposition to Motion, filed by Kayla Goedinghaus, Julia Hubbard, re #202 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Defendant Cody Mitchell (Schmidt, Matthew)
August 17, 2023 Filing 217 Response in Opposition to Motion, filed by Kayla Goedinghaus, Julia Hubbard, re #205 Amended Motion to Dismiss for Failure to State a Claim filed by Defendant Robert Pruitt (Schmidt, Matthew)
August 17, 2023 Filing 216 Response in Opposition to Motion, filed by Kayla Goedinghaus, Julia Hubbard, re #204 Third MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Benjamin Todd Eller (Schmidt, Matthew)
August 17, 2023 Filing 215 Response in Opposition to Motion, filed by Kayla Goedinghaus, Julia Hubbard, re #203 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Defendant Coe Juracek (Schmidt, Matthew)
August 17, 2023 Filing 214 Response in Opposition to Motion, filed by Kayla Goedinghaus, Julia Hubbard, re #201 Motion to Dismiss for Failure to State a Claim filed by Defendant RCI Hospitality Holdings, Inc. (Schmidt, Matthew)
August 17, 2023 Filing 213 Response in Opposition to Motion, filed by Kayla Goedinghaus, Julia Hubbard, re #200 Motion to Dismiss for Failure to State a Claim filed by Defendant Case Grover (Schmidt, Matthew)
August 17, 2023 Filing 212 Response in Opposition to Motion, filed by Kayla Goedinghaus, Julia Hubbard, re #199 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Defendant Scott Woods (Schmidt, Matthew)
August 17, 2023 Filing 211 Response in Opposition to Motion, filed by Kayla Goedinghaus, Julia Hubbard, re #198 MOTION to Dismiss Amended Complaint filed by Defendant Melissa Miller (Schmidt, Matthew)
August 17, 2023 Filing 210 Response in Opposition to Motion, filed by Kayla Goedinghaus, Julia Hubbard, re #196 MOTION to Dismiss filed by Defendant Trammell S Crow, Jr. (nm)
August 17, 2023 Opinion or Order Filing 209 ORDER GRANTING #208 Motion for Leave to File Excess Pages Signed by Judge Fred Biery. (nm)
August 16, 2023 Filing 208 Unopposed MOTION for Leave to Exceed Page Limitation in Opposition to Motion by Kayla Goedinghaus, Julia Hubbard. (Attachments: #1 Exhibit Opposition to Motion to Dismiss, #2 Proposed Order)(Schmidt, Matthew)
July 28, 2023 Opinion or Order Filing 207 ORDER GRANTING #206 Motion for Extension of Time to File Response/Reply to Defendants' Motions to Dismiss. Signed by Judge Fred Biery. (nm)
July 27, 2023 Filing 206 Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Motions to Dismiss by Kayla Goedinghaus, Julia Hubbard. (Attachments: #1 Proposed Order)(Schmidt, Matthew)
July 23, 2023 Filing 205 Amended Motion to Dismiss for Failure to State a Claim by Robert Pruitt. (Moon, James)
July 21, 2023 Filing 204 Third MOTION to Dismiss for Lack of Jurisdiction by Benjamin Todd Eller. (Attachments: #1 Affidavit Declarationn of Indira J. Cameron-Banks, #2 Affidavit Declaration of Benjamin Todd Eller, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, part 1, #5 Exhibit Exhibit B, part 2, #6 Exhibit Exhibit B, part 3, #7 Exhibit Exhibit C, #8 Proposed Order Proposed Order)(Cameron-Banks, Indira)
July 21, 2023 Filing 203 MOTION to Dismiss Plaintiffs' First Amended Complaint by Coe Juracek. (Pearson, Evan)
July 21, 2023 Filing 202 MOTION to Dismiss Plaintiffs' First Amended Complaint by Cody Mitchell. (Attachments: #1 Proposed Order)(Simpson, Alec)
July 21, 2023 Filing 201 Motion to Dismiss for Failure to State a Claim by RCI Hospitality Holdings, Inc.. (Attachments: #1 Proposed Order)(Roark, Stephanie)
July 21, 2023 Filing 200 Motion to Dismiss for Failure to State a Claim by Case Grover. (Attachments: #1 Proposed Order)(Roark, Stephanie)
July 21, 2023 Filing 199 MOTION to Dismiss Plaintiffs' Amended Complaint by Scott Woods. (Attachments: #1 Proposed Order)(Paret, Daniel)
July 21, 2023 Filing 198 MOTION to Dismiss Amended Complaint by Melissa Miller. (Geisler, R.)
July 20, 2023 Filing 197 CERTIFICATE OF SERVICE by Kayla Goedinghaus, Julia Hubbard #193 Summons Issued, #190 Amended Complaint,, (Schmidt, Matthew)
July 20, 2023 Filing 196 MOTION to Dismiss First Amended Complaint by Trammell S Crow, Jr.. (nm)
July 20, 2023 Opinion or Order Filing 195 ORDER GRANTING #194 Motion for Leave to File Excess Pages Signed by Judge Fred Biery. (nm)
July 19, 2023 Filing 194 Unopposed MOTION for Leave to Exceed Page Limitation by Trammell S Crow, Jr.. (Attachments: #1 Exhibit MOTION TO DISMISS, #2 Exhibit Redline Comparison between Complaint and FAC, #3 Exhibit Declaration of Kyle Foltyn Smith, #4 Proposed Order Order)(Stone, Kenneth)
July 17, 2023 Filing 193 Summons Issued as to Aaron Burlingame. (nm)
July 14, 2023 Filing 192 REQUEST FOR ISSUANCE OF SUMMONS by Kayla Goedinghaus, Julia Hubbard. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schmidt, Matthew)
July 10, 2023 Opinion or Order Filing 191 ORDER DISMISSING #151 Motion to Dismiss ; DISMISSING #154 Motion to Dismiss ; DISMISSING #156 Motion to Dismiss ; DISMISSING #159 Motion to Dismiss for Failure to State a Claim; DISMISSING #160 Motion to Dismiss ; DISMISSING #161 Motion to Dismiss for Failure to State a Claim; DISMISSING #162 Motion to Dismiss for Failure to State a Claim; DISMISSING #165 Motion to Dismiss for Failure to State a Claim; DISMISSING #166 Motion to Dismiss for Lack of Jurisdiction ; DISMISSING #182 Motion for Leave to File; DISMISSING #183 Motion for Leave to File. Signed by Judge Fred Biery. (nm)
July 7, 2023 Filing 190 AMENDED COMPLAINT against Scott Brunson, Richard Butler, Michael Cain, H.J. Cole, Trammell S Crow, Jr., Doe Companies, Doe Individuals, EcoLoft Homes LLC, Philip Ecob, Elevated Wellness Partners LLC, Benjamin Todd Eller, Case Grover, Richard Hubbard, Michael Hynes, Jr., Integrity Based Marketing, LLC, Coe Juracek, Kurt Knewitz, Jade Mayer, Shawn Mayer, Melissa Miller, Cody Mitchell, Mark Molina, Paul Pendergrass, Robert Pruitt, RCI Hospitality Holdings, Inc., Ralph Rogers, Mrugeshkumar Shah, Storm Fitness Nutrition, LLC, Ultra Combat Nutrition, LLC, Scott Woods, Aaron Burlingame, The Estate of Dr. Joseph Bolin amending, filed by Julia Hubbard, Kayla Goedinghaus.(Schmidt, Matthew)
June 28, 2023 Filing 189 RESPONSE in Support, filed by Benjamin Todd Eller, re #166 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Defendant Benjamin Todd Eller (Cameron-Banks, Indira)
June 28, 2023 Filing 188 REPLY to Response to Motion, filed by Coe Juracek, re #162 Motion to Dismiss for Failure to State a Claim filed by Defendant Coe Juracek (Pearson, Evan)
June 28, 2023 Filing 187 REPLY to Response to Motion, filed by RCI Hospitality Holdings, Inc., re #161 Motion to Dismiss for Failure to State a Claim filed by Defendant RCI Hospitality Holdings, Inc. (Roark, Stephanie)
June 28, 2023 Filing 186 REPLY to Response to Motion, filed by Case Grover, re #159 Motion to Dismiss for Failure to State a Claim filed by Defendant Case Grover (Roark, Stephanie)
June 28, 2023 Filing 185 RESPONSE in Support, filed by Melissa Miller, re #156 MOTION to Dismiss filed by Defendant Melissa Miller (Geisler, R.)
June 27, 2023 Opinion or Order Filing 184 ORDER GRANTING PLAINTIFFS REQUEST FOR LEAVE TO FILE AN AMENDED COMPLAINT--IT IS THEREFORE ORDERED that Plaintiffs request for leave (docket no. 173 at page 26) is GRANTED such that Plaintiffs shall have until July 7, 2023, to file an amended complaint. Plaintiffs are notified that the Court is not inclined to entertain an extension of the above established deadline. Signed by Judge Fred Biery. (nm)
June 23, 2023 Filing 183 Amended MOTION for Leave to File AMENDED UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMITS by Trammell S Crow, Jr.. (Attachments: #1 Exhibit REPLY IN SUPPORT OF MOTION TO DISMISS, #2 Proposed Order ORDER)(Stone, Kenneth)
June 23, 2023 Filing 182 Unopposed MOTION for Leave to File UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMITS by Trammell S Crow, Jr.. (Attachments: #1 Exhibit REPLY IN SUPPORT OF MOTION TO DISMISS, #2 Proposed Order ORDER)(Stone, Kenneth)
June 21, 2023 Filing 181 Response in Opposition to Motion, filed by Kayla Goedinghaus, Julia Hubbard, re #166 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Defendant Benjamin Todd Eller (Schmidt, Matthew)
June 21, 2023 Filing 180 Response in Opposition to Motion, filed by Kayla Goedinghaus, Julia Hubbard, re #165 Motion to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) filed by Defendant Robert Pruitt (Schmidt, Matthew)
June 21, 2023 Filing 179 Response in Opposition to Motion, filed by Kayla Goedinghaus, Julia Hubbard, re #162 Motion to Dismiss for Failure to State a Claim filed by Defendant Coe Juracek (Schmidt, Matthew)
June 21, 2023 Filing 178 Response in Opposition to Motion, filed by Kayla Goedinghaus, Julia Hubbard, re #161 Motion to Dismiss for Failure to State a Claim filed by Defendant RCI Hospitality Holdings, Inc. (Schmidt, Matthew)
June 21, 2023 Filing 177 Response in Opposition to Motion, filed by Kayla Goedinghaus, Julia Hubbard, re #160 MOTION to Dismiss filed by Defendant Cody Mitchell (Schmidt, Matthew)
June 21, 2023 Filing 176 Response in Opposition to Motion, filed by Kayla Goedinghaus, Julia Hubbard, re #159 Motion to Dismiss for Failure to State a Claim filed by Defendant Case Grover (Schmidt, Matthew)
June 21, 2023 Filing 175 Response in Opposition to Motion, filed by Kayla Goedinghaus, Julia Hubbard, re #156 MOTION to Dismiss filed by Defendant Melissa Miller (Schmidt, Matthew)
June 21, 2023 Filing 174 Response in Opposition to Motion, filed by Kayla Goedinghaus, Julia Hubbard, re #154 MOTION to Dismiss filed by Defendant Scott Woods (Schmidt, Matthew)
June 20, 2023 Filing 173 Response in Opposition to Motion, filed by Kayla Goedinghaus, Julia Hubbard, re #151 MOTION to Dismiss filed by Defendant Trammell S Crow, Jr. (nm)
June 20, 2023 Opinion or Order Filing 172 ORDER GRANTING #171 Motion for Leave to File Excess Pages Signed by Judge Fred Biery. (nm)
June 16, 2023 Filing 171 Unopposed MOTION for Leave to Exceed Page Limitation by Kayla Goedinghaus, Julia Hubbard. (Attachments: #1 Exhibit Opposition to Motion to Dismiss, #2 Proposed Order Order)(Balestriere, John)
June 16, 2023 Filing 170 Pro Hac Vice Fee Paid by Matthew W. Schmidt; Filing fee $ 100, receipt number 2768. (nm)
June 14, 2023 Opinion or Order Filing 169 ORDER GRANTING #168 Motion to Appear Pro Hac Vice for Attorney Matthew W. Schmidt for Kayla Goedinghaus,Matthew W. Schmidt for Julia Hubbard. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Fred Biery. (nm)
June 12, 2023 Filing 168 MOTION to Appear Pro Hac Vice for Matthew W. Schmidt by Kayla Goedinghaus, Julia Hubbard. (nm)
June 9, 2023 Opinion or Order Filing 167 ORDER GRANTING #164 Motion to Substitute Attorney. Signed by Judge Fred Biery. (nm)
June 8, 2023 Filing 166 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Benjamin Todd Eller. (Attachments: #1 Affidavit Declaration of Benjamin Todd Eller, #2 Affidavit Declaration of Indira J. Cameron-Banks, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, part 1, #5 Exhibit Exhibit B, part 2, #6 Exhibit Exhibit B, part 3, #7 Exhibit Exhibit C, #8 Proposed Order Proposed Order)(Cameron-Banks, Indira)
June 8, 2023 Filing 165 Motion to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) by Robert Pruitt. (Attachments: #1 Proposed Order PROPOSED ORDER)(Moon, James)
June 8, 2023 Filing 164 Unopposed MOTION to Substitute Attorney by Robert Pruitt. (Attachments: #1 Proposed Order PROPOSED ORDER)(Moon, James)
June 7, 2023 Filing 163 COURT ADVISORY CONCERNING DISCOVERY AND OTHER MATTERS. Signed by Judge Fred Biery. (nm)
June 7, 2023 Filing 162 Motion to Dismiss for Failure to State a Claim by Coe Juracek. (Pearson, Evan)
June 7, 2023 Filing 161 Motion to Dismiss for Failure to State a Claim by RCI Hospitality Holdings, Inc.. (Attachments: #1 Proposed Order)(Roark, Stephanie)
June 7, 2023 Filing 160 MOTION to Dismiss by Cody Mitchell. (Attachments: #1 Proposed Order)(Simpson, Alec)
June 7, 2023 Filing 159 Motion to Dismiss for Failure to State a Claim by Case Grover. (Attachments: #1 Proposed Order)(Roark, Stephanie)
June 7, 2023 Opinion or Order Filing 158 ORDER GRANTING #155 Motion to Appear Pro Hac Vice for Attorney James P. Moon for Robert Pruitt. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Fred Biery. (nm)
June 7, 2023 Opinion or Order Filing 157 ORDER GRANTING #153 Motion to Substitute Attorney. Added attorney Stephanie Roark,Brian Rawson,Holly Naehritz for Case Grover,Stephanie Roark,Brian Rawson,Holly Naehritz for RCI Hospitality Holdings, Inc.. Signed by Judge Fred Biery. (nm)
June 7, 2023 Filing 156 MOTION to Dismiss by Melissa Miller. (Geisler, R.)
June 7, 2023 Filing 155 MOTION to Appear Pro Hac Vice by Robert J. Wood for James Moon ( Filing fee $ 100 receipt number ATXWDC-17525456) by on behalf of Robert Pruitt. (Attachments: #1 Proposed Order)(Wood, Robert)
June 7, 2023 Filing 154 MOTION to Dismiss by Scott Woods. (Attachments: #1 Proposed Order)(Paret, Daniel)
June 6, 2023 Filing 153 MOTION to Substitute Attorney by Case Grover, RCI Hospitality Holdings, Inc.. (Attachments: #1 Proposed Order)(Rawson, Brian)
June 6, 2023 Opinion or Order Filing 152 ORDER GRANTING #145 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center; GRANTING #146 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center; GRANTING #147 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center; GRANTING #148 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Fred Biery. (nm)
June 6, 2023 Filing 151 MOTION to Dismiss by Trammell S Crow, Jr.. (nm)
June 6, 2023 Opinion or Order Filing 150 ORDER GRANTING #143 Motion for Leave to File Signed by Judge Fred Biery. (nm)
June 6, 2023 Opinion or Order Filing 149 ORDER GRANTING #141 Motion to Substitute Attorney. Added attorney R. Chad Geisler,J. Stephen Dillawn for Melissa Miller. Signed by Judge Fred Biery. (nm)
June 5, 2023 Filing 148 MOTION to Appear Pro Hac Vice by Jeremy Sloan ( Filing fee $ 100 receipt number ATXWDC-17517802) by on behalf of Benjamin Todd Eller. (Attachments: #1 Proposed Order Granting Pro Hac Vice Application)(Sloan, Jeremy)
June 5, 2023 Filing 147 MOTION to Appear Pro Hac Vice by Evan Zachary Pearson for Matthew "Alex" Bergjans ( Filing fee $ 100 receipt number ATXWDC-17516753) by on behalf of Coe Juracek. (Attachments: #1 Proposed Order)(Pearson, Evan)
June 5, 2023 Filing 146 MOTION to Appear Pro Hac Vice by Evan Zachary Pearson for Adam DiClemente ( Filing fee $ 100 receipt number ATXWDC-17516700) by on behalf of Coe Juracek. (Attachments: #1 Proposed Order)(Pearson, Evan)
June 5, 2023 Filing 145 MOTION to Appear Pro Hac Vice by Evan Zachary Pearson for Diane Doolittle ( Filing fee $ 100 receipt number ATXWDC-17516625) by on behalf of Coe Juracek. (Attachments: #1 Proposed Order)(Pearson, Evan)
June 5, 2023 Filing 144 NOTICE of Attorney Appearance by Evan Zachary Pearson on behalf of Coe Juracek. Attorney Evan Zachary Pearson added to party Coe Juracek(pty:dft) (Pearson, Evan)
June 2, 2023 Filing 143 MOTION for Leave to File RENEWED UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMITS by Trammell S Crow, Jr.. (Attachments: #1 Exhibit MOTION TO DISMISS, #2 Proposed Order ORDER)(Stone, Kenneth)
June 2, 2023 Filing 142 NOTICE of Attorney Appearance by Daniel Jose Paret on behalf of Scott Woods. Attorney Daniel Jose Paret added to party Scott Woods(pty:dft) (Paret, Daniel)
June 2, 2023 Filing 141 MOTION to Substitute Attorney by Melissa Miller. (Attachments: #1 Proposed Order)(Geisler, R.)
June 2, 2023 Opinion or Order Filing 140 ORDER DENYING #138 Motion for Leave to File Excess Pages Signed by Judge Fred Biery. (nm)
June 1, 2023 Filing 139 Pro Hac Vice Fee Paid for John G. Balestriere Filing fee $ 100, receipt number 2679. (nm)
June 1, 2023 Filing 138 Unopposed MOTION for Leave to Exceed Page Limitation by Trammell S Crow, Jr.. (Attachments: #1 Proposed Order ORDER)(Stone, Kenneth)
June 1, 2023 Opinion or Order Filing 137 ORDER GRANTING #136 Motion to Appear Pro Hac Vice for Attorney John G. Balestriere for Kayla Goedinghaus,John G. Balestriere for Julia Hubbard. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Fred Biery. (nm)
May 30, 2023 Filing 136 MOTION to Appear Pro Hac Vice by John G. Balestriere by on behalf of Kayla Goedinghaus, Julia Hubbard. (wg)
May 10, 2023 Filing 134 Pro Hac Vice Letter sent to John G. Balestriere, Matthew Alexander Bergjans, Indira J. Cameron-Banks, Phillip E. Cook, Adam J. DiClemente, Diane M. Doolittle, Kyle DeWitt Foltyn-Smith, Terrence Matthew Jones, Olivia Hyejun Kim, Justin Michael Marvisi, Anastasia Kinney Mazzella, Patrick Bryan Nichols, David P. Pruett, David Jonathan Rubaum, Matthew W. Schmidt, Delmar Shariff Thomas, Michael John Trotter. (nm)
May 8, 2023 If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (nm)
May 8, 2023 Case assigned to 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. (nm)
May 8, 2023 Filing 133 Case electronically transferred in from Central District of California-Los Angeles; Case Number 2:22-cv-07957.
May 5, 2023 Opinion or Order Filing 132 ORDER TRANSFERRING ACTION AND DENYING DEFENDANTS' MOTIONS TO DISMISS AS MOOT [26, #50 , #55 , #72 , #76 , #83 , #93 , #102 , #105 by Judge Fernando L. Aenlle-Rocha: court TRANSFERS the action to theWestern District of Texas, pursuant to 28 U.S.C. 1404(a), and RECOMMENDS theaction be assigned to the San Antonio Division pursuant to the parties request.The court DENIES Responding Defendants request for a ruling on the Motionsto Dismiss filed by Crow, (Dkt. 26), Pruitt (Dkt. 50), Woods (Dkt. 55), Grover (Dkt. 72), Mitchell (Dkt. 76), RCI (Dkt. 83), Eller (Dkt. 93), Miller (Dkt. 102), and Juracek (Dkt. 105). These Motions are DENIED without prejudice as moot. Defendants may file renewed Motions to Dismiss within thirty (30) days of the acknowledgement of receipt of this action by the Western District of Texas, unless that court orders otherwise. (Made JS-6. Case Terminated.). (Case electronically sent to USDC Western District of Texas on 5/5/2023. (lc) [Transferred from California Central on 5/8/2023.]
April 28, 2023 Filing 131 MINUTES OF Show Cause Hearing held before Judge Fernando L. Aenlle-Rocha: ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE TRANSFERRED #87 . The court invites the parties to argue. Following discussions with counsel, the matter stands submitted and written order to issue. Court Reporter: Terri Hourigan. (lc) [Transferred from California Central on 5/8/2023.]
April 26, 2023 Opinion or Order Filing 130 (IN CHAMBERS) ORDER ADVANCING TIME FOR HEARING ON ORDER TO SHOW CAUSE by Judge Fernando L. Aenlle-Rocha. The Order to Show Cause hearing is advanced from 1:30 p.m. to 11:00 a.m. on April 28, 2023 in courtroom 6B. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY [Transferred from California Central on 5/8/2023.]
April 25, 2023 Opinion or Order Filing 129 (IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: The court sets its March 6, 2023 Order to Show Cause (Dkt. #87 ) for an in-person hearing on April 28, 2023, at 1:30 p.m. in Courtroom 6B.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY [Transferred from California Central on 5/8/2023.]
April 25, 2023 Opinion or Order Filing 128 (IN CHAMBERS) ORDER VACATING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha: On the court's own motion, the Scheduling Conference currently set for hearing on April 28, 2023 is hereby VACATED with the hearing to be reset after the court rules on the Order to Show Cause and Defendants' Motions to Dismiss. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY [Transferred from California Central on 5/8/2023.]
April 25, 2023 Opinion or Order Filing 127 (IN CHAMBERS) ORDER TAKING MOTIONS OF DEFENDANTS TRAMMELL S. CROW, JR. (DKT. #26 ), ROBERT PRUITT (DKT. #50 ), SCOTT WOODS (DKT. #55 ), CASEY GROVER, CASE GROVER (DKT. #72 ), CODY MITCHELL (DKT. #76 ), RCI HOSPITALITY HOLDING, INC. (DKT. #83 ), BENJAMIN TODD ELLER (DKT. #93 ), MELISSA MILLER (DKT. #102 ), AND COE JURACEK (DKT. #105 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that these Motions to Dismiss currently scheduled for hearing on April 28, 2023, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, these motions are taken UNDER SUBMISSION and the hearing is vacated as the the motions only. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY [Transferred from California Central on 5/8/2023.]
April 18, 2023 Opinion or Order Filing 126 ORDER GRANTING APPLICATION of Non-Resident Attorney Adam J. DiClemente to Appear Pro Hac Vice on behalf of Defendant Coe Juracek and designating Alex Bergians as local counsel #124 by Judge Fernando L. Aenlle-Rocha. (lc) [Transferred from California Central on 5/8/2023.]
April 18, 2023 Filing 125 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: APPLICATION of Non-Resident Attorney Adam J. DiClemente to Appear Pro Hac Vice on behalf of Defendant Coe Juracek (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35140482) #117 by Judge Fernando L. Aenlle-Rocha. The document is stricken. (lc) [Transferred from California Central on 5/8/2023.]
April 17, 2023 Filing 124 Corrected APPLICATION of Non-Resident Attorney Adam J. DiClemente to Appear Pro Hac Vice on behalf of Defendant Coe Juracek (Pro Hac Vice Fee - $500 Previously Paid on 4/14/2023, Receipt No. 35140482) filed by Defendant Coe Juracek. (Attachments: #1 Exhibit 1 - Certificate of Good Standing, District of Columbia Bar, #2 Exhibit 2 - Certificate of Good Standing, New York Bar, #3 Proposed Order Granting Application) (Bergjans, Matthew) [Transferred from California Central on 5/8/2023.]
April 17, 2023 Filing 123 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Adam J. DiClemente to Appear Pro Hac Vice on behalf of Defendant Coe Juracek (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35140482) #117 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Proposed Order has not been flattened and is causing a corruption with the filing. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) [Transferred from California Central on 5/8/2023.]
April 17, 2023 Opinion or Order Filing 122 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' APPLICATION FORALTERNATIVE SERVICE AND EXTENSION OF TIME TO SERVE DEFENDANT KURT KNEWITZ #114 by Judge Fernando L. Aenlle-Rocha: Plaintiffs shall have a 60- day extension on the time to effectuate service on Knewitz pursuant to Rule 4(e)(1), from the date of this Order, up to and including June 13, 2023. The court DENIESPlaintiffs' request for alternate service without prejudice. (lc) [Transferred from California Central on 5/8/2023.]
April 17, 2023 Filing 121 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Benjamin Todd Eller's Reply (Motion related) #119 . The following error(s) was/were found: Filer case has incorrect initials for Judge Fernando L. Aenlle-Rocha as "FAR" instead of "FLA". This is the second filing with incorrect initials (first one is docket no. 108). Other error(s) with document(s): Refer to Notice of Reassignment of 12/2/2022, docket no. 23... 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. (lc) [Transferred from California Central on 5/8/2023.]
April 17, 2023 Filing 120 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Report #118 by plaintiff. The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Joint Report Rule 26(f) Discovery Plan. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) [Transferred from California Central on 5/8/2023.]
April 14, 2023 Filing 119 REPLY Support of Motion to Dismiss the Complaint NOTICE OF MOTION AND MOTION to Dismiss Complaint #93 filed by Defendant Benjamin Todd Eller. (Cameron-Banks, Indira) [Transferred from California Central on 5/8/2023.]
April 14, 2023 Filing 118 JOINT REPORT of Rule 26(f) Discovery Plan filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard. (Attachments: #1 Exhibit)(Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
April 14, 2023 Filing 117 (STRICKEN PER 4/18/2023 COURT'S G112B RESPONSE DOCKET NO. 125). APPLICATION of Non-Resident Attorney Adam J. DiClemente to Appear Pro Hac Vice on behalf of Defendant Coe Juracek (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35140482) filed by Defendant Coe Juracek. (Attachments: #1 Exhibit 1 - Certificate of Good Standing, District of Columbia Bar, #2 Exhibit 2 - Certificate of Good Standing, New York Bar, #3 Proposed Order) (Bergjans, Matthew) Modified on 4/18/2023 (lc). [Transferred from California Central on 5/8/2023.]
April 14, 2023 Filing 116 REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim #105 filed by Defendant Coe Juracek. (Doolittle, Diane) [Transferred from California Central on 5/8/2023.]
April 14, 2023 Filing 115 REPLY NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #102 filed by Defendant Melissa Miller. (Pruett, David) [Transferred from California Central on 5/8/2023.]
April 10, 2023 Filing 114 EX PARTE APPLICATION for Enlargement of Time to File filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard. (Attachments: #1 Exhibit A, #2 Proposed Order) (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
April 7, 2023 Filing 113 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim #105 filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard. (Attachments: #1 Proposed Order)(Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
April 7, 2023 Filing 112 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #102 filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard. (Attachments: #1 Proposed Order)(Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
April 7, 2023 Filing 111 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Complaint #93 filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard. (Attachments: #1 Proposed Order)(Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
March 27, 2023 Opinion or Order Filing 110 (IN CHAMBERS) ORDER CONTINUING MOTION OF DEFENDANT ROBERT PRUITT TO DISMISS (DKT. #50 ), MOTION OF DEFENDANT MICHAEL SCOTT WOODS TO DISMISS (DKT. #55 ), MOTION OF TRAMMELL S. CROW, JR.'S TO DISMISS (DKT. #26 ), MOTION OF DEFENDANT CODY MITCHELL TO DISMISS (DKT. #76 ), MOTION OF DEFENDANT CASEY GROVER AND CASE GROVER TO DISMISS (DKT. #72 ), AND MOTION OF DEFENDANT RCI HOSPITALITY HOLDINGS, INC. TO DISMISS 9DKT. #83 ) by Judge Fernando L. Aenlle-Rocha: The court on its own motion, continues the Motions to Dismiss from March 31, 2023, and April 7, 2023 to April 28, 2023, at 1:30 p.m. in courtroom 6B. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY [Transferred from California Central on 5/8/2023.]
March 24, 2023 Filing 109 RESPONSE filed by Defendant Trammell S Crow, Jr.to Order to Show Cause, #87 , on behalf of all Defendants who have appeared (Hawxhurst, Gerald) [Transferred from California Central on 5/8/2023.]
March 24, 2023 Filing 108 STATEMENT Separate Statement of Facts filed by Defendant Benjamin Todd Eller (Attachments: #1 Declaration Declarationn of Indira J. Cameron-Banks, #2 Declaration Declaration of Benjamin Todd Eller, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, part 1, #5 Exhibit Exhibit B, part 2, #6 Exhibit Exhibit B, part 3, #7 Exhibit Exhibit C)(Cameron-Banks, Indira) [Transferred from California Central on 5/8/2023.]
March 24, 2023 Filing 107 RESPONSE filed by Plaintiffs Kayla Goedinghaus, Julia Hubbardto Order to Show Cause, #87 (Attachments: #1 Declaration, #2 Exhibit)(Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
March 24, 2023 Filing 106 REPLY DEFENDANT RCI HOSPITALITY HOLDINGS, INC.S REPLY IN SUPPORT OF ITS MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, OR, IN THE ALTERNATIVE, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant RCI Hospitality Holdings, Inc.. (Marvisi, Justin) [Transferred from California Central on 5/8/2023.]
March 23, 2023 Filing 105 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Defendant Coe Juracek. Motion set for hearing on 4/28/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order) (Doolittle, Diane) [Transferred from California Central on 5/8/2023.]
March 22, 2023 Filing 104 NOTICE of Interested Parties filed by defendant Melissa Miller, (Pruett, David) [Transferred from California Central on 5/8/2023.]
March 21, 2023 Filing 103 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: ATTACHMENT OF SUPPLEMENT ONLY TO THE NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction [102-3] by Melissa Mille. The following error(s) was/were found: Local Rule 7-1.1 Notice of interested party was submitted as an attachment, instead of being filed under its own specific event: Notice: Certificate/Notice of Interested Parties Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) [Transferred from California Central on 5/8/2023.]
March 20, 2023 Filing 102 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by defendant Melissa Miller. Motion set for hearing on 4/28/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Declaration In Support of Motion to Dismiss, #2 Proposed Order, #3 Supplement) (Pruett, David) [Transferred from California Central on 5/8/2023.]
March 17, 2023 Filing 101 REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim #76 filed by Defendant Cody Mitchell. (Simpson, Alec) [Transferred from California Central on 5/8/2023.]
March 17, 2023 Filing 100 REPLY DEFENDANT CASEY GROVERS REPLY IN SUPPORT OF MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, OR IN THE ALTERNATIVE, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction OR IN THE ALTERNATIVE, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #72 filed by Defendant Case Grover. (Marvisi, Justin) [Transferred from California Central on 5/8/2023.]
March 17, 2023 Filing 99 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss FOR LACK OF PERSONAL JURISDICTION, OR IN THE ALTERNATIVE, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #83 filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard. (Attachments: #1 Proposed Order)(Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
March 17, 2023 Filing 98 NOTICE of Interested Parties filed by Defendant Benjamin Todd Eller, (Cameron-Banks, Indira) [Transferred from California Central on 5/8/2023.]
March 16, 2023 Filing 97 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: NOTICE OF MOTION AND MOTION to Dismiss Complaint #93 by Judge Fernando L. Aenlle-Rocha. A notice of interested parties shall be filed no later than 5 days from entry of this Order. (lc) [Transferred from California Central on 5/8/2023.]
March 15, 2023 Filing 96 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Benjamin Todd Eller's NOTICE OF MOTION AND MOTION to Dismiss Complaint #93 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. 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. (lc) [Transferred from California Central on 5/8/2023.]
March 15, 2023 Filing 95 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendants Richard Butler, Michael Cain, H.J. Cole, EcoLoft Homes LLC, Philip Ecob, Elevated Wellness Partners LLC, Integrity Based Marketing, LLC, Kurt Knewitz, Jade Mayer, Shawn Mayer, Mark Molina, Paul Pendergrass, Ralph Rogers, Mrugeshkumar Shah, Storm Fitness Nutrition, LLC, Ultra Combat Nutrition, LLC. (lc) [Transferred from California Central on 5/8/2023.]
March 15, 2023 Filing 94 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard. (Attachments: #1 Exhibit, #2 Exhibit)(Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
March 15, 2023 Filing 93 NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by defendant Benjamin Todd Eller. Motion set for hearing on 4/28/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order) (Cameron-Banks, Indira) [Transferred from California Central on 5/8/2023.]
March 14, 2023 Filing 92 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #91 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. Filer ERRONEOUSLY ATTACHED the pdf of the 64 PAGE COMPLAINT with active electronic headers intact thus making making current electronic headers illegible. Please ONLY ATTACH a Clean PDF of the FULL CAPTION PAGE of the Complaint for the attachment 1" when resubmitting the summons request. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) [Transferred from California Central on 5/8/2023.]
March 13, 2023 Filing 91 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard. (Attachments: #1 Exhibit Complaint, #2 Exhibit List of Defendants to be Served)(Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
March 10, 2023 Filing 90 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Defendant Trammell S Crow, Jr.. (Hawxhurst, Gerald) [Transferred from California Central on 5/8/2023.]
March 10, 2023 Filing 89 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim #76 filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard. (Attachments: #1 Proposed Order)(Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
March 10, 2023 Filing 88 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction OR IN THE ALTERNATIVE, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #72 filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard. (Attachments: #1 Proposed Order)(Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
March 6, 2023 Opinion or Order Filing 87 ORDER TO SHOW CAUSE THAT PARTIES SHOW CAUSE IN WRITING BY MARCH 24, 2023 WHY THIS ACTION SHOULD NOT BE TRANSFERRED TO US DISTRICT COURT IN TEXAS PURSUANT TO 2 USC 1404(a). THE PARTIES MAY FILE ONE BRIEF PER SIDE, WHICH SHALL NOT EXCEED 15 PAGES PER BRIEF by Judge Fernando L. Aenlle-Rocha. (lc) [Transferred from California Central on 5/8/2023.]
March 6, 2023 Opinion or Order Filing 86 (IN CHAMBERS) ORDER CONTINUING MOTION OF DEFENDANT ROBERT PRUITT TO DISMISS FOR LACK OF PERSONAL JURISDICTION (DKT. #50 ), MOTION OF DEFENDANT MICHAEL SCOTT WOODS TO DISMISS (DKT. #55 ), AND MOTION OF DEFENDANT TRAMMELL S. CROW, JR. TO DISMISS (DKT. #26 ) by Judge Fernando L. Aenlle-Rocha: The court on its own motion, continues the motions from March 10, 2023, and March 24, 2023 respectively, to March 31, 2023, at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY [Transferred from California Central on 5/8/2023.]
February 27, 2023 Filing 85 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction OR IN THE ALTERNATIVE, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #72 (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING DEFENDANT CASEY GROVERS MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, OR IN THE ALTERNATIVE, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [DKT. 72])(Marvisi, Justin) [Transferred from California Central on 5/8/2023.]
February 27, 2023 Filing 84 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction OR IN THE ALTERNATIVE, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #72 by Judge Fernando L. Aenlle-Rocha. A notice of interested parties shall be filed no later than 5 days from entry of this Order. OTHER: The Filer shall lodge a Proposed Order. (lc) [Transferred from California Central on 5/8/2023.]
February 27, 2023 Filing 83 NOTICE OF MOTION AND MOTION to Dismiss FOR LACK OF PERSONAL JURISDICTION, OR IN THE ALTERNATIVE, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant RCI Hospitality Holdings, Inc. RCI Hospitality Holdings, Inc.. Motion set for hearing on 4/7/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Declaration DECLARATION OF SCOTT SHERMAN IN SUPPORT OF DEFENDANT RCI HOSPITALITY HOLDINGS, INC.S MOTION TO DISMISS, #2 Proposed Order [PROPOSED] ORDER GRANTING DEFENDANT RCI HOSPITALITY HOLDINGS, INC.S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, OR IN THE ALTERNATIVE, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [DKT. 83 ]) (Marvisi, Justin) [Transferred from California Central on 5/8/2023.]
February 27, 2023 Opinion or Order Filing 82 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: NOTICE OF MOTION AND MOTION to AMENDED PROPOSED ORDER TO DOCUMENT 76 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim #76 #78 by Judge Fernando L. Aenlle-Rocha. The document is stricken. OTHER: Proposed document was not submitted or was not submitted as a separate attachment. Incorrect event selected. PDF document was NOT a motion, but ONLY the proposed order to pending Motion No. 76. It is noted the Filer filed a Notice of Lodging at CM/ECF No. 81. It is noted the Filer filed a Notice of Interested Parties at CM/ECF No. 80. (lc) [Transferred from California Central on 5/8/2023.]
February 27, 2023 Filing 81 NOTICE OF LODGING filed [PROPOSED] Order re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim #76 (Attachments: #1 Proposed Order [PROPOSED] Order to Pending Motion No. 76)(Simpson, Alec) [Transferred from California Central on 5/8/2023.]
February 27, 2023 Filing 80 DEFENDANTS RCI HOSPITALITY HOLDINGS, INC. AND CASEY GROVERS CERTIFICATE AND NOTICE OF INTERESTED PARTIES (L.R. 7.1-1) of Interested Parties filed by Attorney RCI Hospitality Holdings, Inc., identifying DEFENDANTS RCI HOSPITALITY HOLDINGS, INC. AND CASEY GROVER. (Marvisi, Justin) [Transferred from California Central on 5/8/2023.]
February 27, 2023 Filing 79 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to AMENDED PROPOSED ORDER TO DOCUMENT 76 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim #76 #78 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. Incorrect event selected. Correct event to be used is: SEE BELOW UNDER OTHER. PDF document was NOT a motion, but ONLY the proposed order to pending motion no. 76. Other error(s) with document(s): As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order is submitted as a Separate Attachment thereto.. 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. (lc) [Transferred from California Central on 5/8/2023.]
February 24, 2023 Filing 78 (STRICKEN PER 2/27/2023 COURT'S G112B RESPONSE DOCKET NO. 82). NOTICE OF MOTION AND MOTION to AMENDED PROPOSED ORDER TO DOCUMENT 76 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim #76 filed by Defendant Cody Mitchell. (Simpson, Alec) Modified on 2/27/2023 (lc). [Transferred from California Central on 5/8/2023.]
February 24, 2023 Filing 77 Notice and Certificate of Interested Parties filed by Defendant Cody Mitchell, (Simpson, Alec) [Transferred from California Central on 5/8/2023.]
February 24, 2023 Filing 76 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Defendant Cody Mitchell. Motion set for hearing on 3/31/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Declaration Declaration of Cody Mitchell, #2 Proposed Order) (Attorney Alec Raymond Simpson, I added to party Cody Mitchell(pty:dft)) (Simpson, Alec) [Transferred from California Central on 5/8/2023.]
February 24, 2023 Filing 75 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #50 filed by Defendant Robert Pruitt. (Cook, Philip) [Transferred from California Central on 5/8/2023.]
February 24, 2023 Filing 74 REPLY to Plaintiff's Opposition to Michael Scott Wood's First NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #50 First NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #55 filed by Defendant Scott Woods. (Rubaum, David) [Transferred from California Central on 5/8/2023.]
February 23, 2023 Filing 73 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction OR IN THE ALTERNATIVE, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #72 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. Proposed document was not submitted or was not submitted as a separate attachment. Other error(s) with document(s): No [Prop] Order attached. 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. (lom) [Transferred from California Central on 5/8/2023.]
February 23, 2023 Filing 72 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction OR IN THE ALTERNATIVE, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Casey Grover Case Grover. Motion set for hearing on 3/31/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Declaration DECLARATION OF DEFENDANT CASEY GROVER IN SUPPORT OF HIS MOTION TO DISMISS) (Marvisi, Justin) [Transferred from California Central on 5/8/2023.]
February 22, 2023 Filing 71 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #50 First NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #55 filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard. (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
February 16, 2023 Filing 70 Notice of Appearance or Withdrawal of Counsel: for attorney Diane M. Doolittle counsel for Defendant Coe Juracek. Adding Diane Doolittle as counsel of record for Coe Juracek for the reason indicated in the G-123 Notice. Filed by Defendant Coe Juracek. (Attorney Diane M. Doolittle added to party Coe Juracek(pty:dft))(Doolittle, Diane) [Transferred from California Central on 5/8/2023.]
February 16, 2023 Filing 69 NOTICE of Interested Parties filed by Defendant Coe Juracek, (Bergjans, Matthew) [Transferred from California Central on 5/8/2023.]
February 16, 2023 Filing 68 STIPULATION Extending Time to Answer the complaint as to Coe Juracek answer now due 3/23/2023, filed by Defendant Coe Juracek.(Attorney Matthew Alexander Bergjans added to party Coe Juracek(pty:dft))(Bergjans, Matthew) [Transferred from California Central on 5/8/2023.]
February 15, 2023 Filing 67 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard. (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
February 15, 2023 Filing 66 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #50 filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard. (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
February 14, 2023 Filing 65 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance #60 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. Notice of Appearance or Withdrawal not dated. 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. (ak) [Transferred from California Central on 5/8/2023.]
February 14, 2023 Filing 64 First STIPULATION Extending Time to Answer the complaint as to RCI Hospitality Holdings, Inc. answer now due 2/27/2023, filed by Defendant RCI Hospitality Holdings, Inc..(Attorney Justin Michael Marvisi added to party RCI Hospitality Holdings, Inc.(pty:dft))(Marvisi, Justin) [Transferred from California Central on 5/8/2023.]
February 14, 2023 Filing 63 STIPULATION Extending Time to Answer the complaint as to Case Grover answer now due 2/23/2023, filed by Defendant Case Grover.(Attorney Justin Michael Marvisi added to party Case Grover(pty:dft))(Marvisi, Justin) [Transferred from California Central on 5/8/2023.]
February 14, 2023 Filing 62 STIPULATION for Extension of Time to File Answer to March 20, 2023 filed by defendant Melissa Miller.(Attorney David P Pruett added to party Melissa Miller(pty:dft))(Pruett, David) [Transferred from California Central on 5/8/2023.]
February 13, 2023 Opinion or Order Filing 61 (IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: In light of the extension of time to serve remaining Defendants (Dkt. #57 ), the court CONTINUES the scheduling conference from February 24, 2023, to April 28, 2023, at 1:00 p.m. The parties are ORDERED to file an updated Joint Report at least fourteen days before the conference.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY [Transferred from California Central on 5/8/2023.]
February 13, 2023 Filing 60 NOTICE of Appearance filed by attorney Terrence Matthew Jones on behalf of Defendant Benjamin Todd Eller (Attorney Terrence Matthew Jones added to party Benjamin Todd Eller(pty:dft))(Jones, Terrence) [Transferred from California Central on 5/8/2023.]
February 13, 2023 Filing 59 First STIPULATION Extending Time to Answer the complaint as to Benjamin Todd Eller answer now due 3/14/2023, filed by Defendant Benjamin Todd Eller.(Attorney Indira J Cameron-Banks added to party Benjamin Todd Eller(pty:dft))(Cameron-Banks, Indira) [Transferred from California Central on 5/8/2023.]
February 10, 2023 Filing 58 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 21 days, filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard.. (Attachments: #1 Exhibit)(Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
February 9, 2023 Opinion or Order Filing 57 ORDER GRANTING PLAINTIFF'S APPLICATION FOR EXTENSION OF TIME TO SERVE DEFENDANTS #54 by Judge Fernando L. Aenlle-Rocha: The court GRANTS PlaintiffsApplication. Plaintiffs shall have a 60-day extension on the time to effectuate service on the Unserved Defendants Defendants Dr. Mrugeshkumar Shah, Michael Cain, Philip Ecob, H.J. Cole, Kurt Knewitz, Paul Pendergrass, Ralph Rogers, Richard Butler, Mark Molina, Shawn Mayer, Jade Mayer, Integrity Based Marketing, LLC, Storm Fitness Nutrition, LLC, Ultra Combat Nutrition, LLC, EcoLoft Homes LLC, and Elevated Wellness Partners LLC, from the date of this Order, up to and including April 10, 2023. (lc) [Transferred from California Central on 5/8/2023.]
February 8, 2023 Filing 56 CERTIFICATE of Interested Parties filed by Defendant Scott Woods, identifying Michael Scott Woods, M.D.. (Rubaum, David) [Transferred from California Central on 5/8/2023.]
February 8, 2023 Filing 55 First NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #50 , First NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Scott Woods. Motion set for hearing on 3/10/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Declaration declaration of def Michael Scott Woods, #2 Proposed Order Proposed Order Granting def Michael Scott Woods Motion to Dismiss for Lack of Jurisdiction) (Rubaum, David) [Transferred from California Central on 5/8/2023.]
February 6, 2023 Filing 54 EX PARTE APPLICATION for Enlargement of Time to File Certificate of Service on Defendants Dr. Mrugeshkumar Shah, Michael Cain, Philip Ecob, H.J. Cole, Kurt Knewitz, Paul Pendergrass, Ralph Rogers, Richard Butler, Mark Molina, Shawn Mayer, Jade Mayer, Integrity Based Marketing, LLC, Storm Fitness Nutrition, LLC, Ultra Combat Nutrition, LLC, EcoLoft Homes LLC, and Elevated Wellness Partners LLC filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard. (Attachments: #1 Proposed Order, #2 Declaration) (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
February 2, 2023 Filing 53 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: NOTICE OF MOTION AND MOTION for Enlargement of Time to File Certificate of Service on Defendants #49 by Judge Fernando L. Aenlle-Rocha. The document is stricken. Please refer to CM/ECF No. 52. (lc) [Transferred from California Central on 5/8/2023.]
February 2, 2023 Filing 52 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION for Enlargement of Time to File Certificate of Service on Defendants #49 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. Please review LR6-1 re 2/24/23 1:00 PM motion hearing. Nevertheless, the Hearing does NOT appear on the pdf documents. It is unclear if filing was to be formal motion or a request for extension of time with its proposed order submitted as a 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. (lc) [Transferred from California Central on 5/8/2023.]
February 1, 2023 Filing 51 CERTIFICATE of Interested Parties filed by Defendant Robert Pruitt, identifying Robert Pruitt. (Cook, Philip) [Transferred from California Central on 5/8/2023.]
February 1, 2023 Filing 50 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Robert Pruitt. Motion set for hearing on 3/10/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Declaration Declaration of Defendant Robert L. Pruitt III ISO Motion to Dismiss for Lack of Personal Jurisdiction, #2 Proposed Order Proposed Order Granting Defendant Robert Pruitt's Motion to Dismiss for Lack of Personal Jurisdiction) (Cook, Philip) [Transferred from California Central on 5/8/2023.]
February 1, 2023 Filing 49 (STRICKEN PER 2/2/2023 COURT'S G112B RESPONSE ORDER DOCKET NO. 53). NOTICE OF MOTION AND MOTION for Enlargement of Time to File Certificate of Service on Defendants filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard. Motion set for hearing on 2/24/2023 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Notice of Motion, #2 Proposed Order) (Schmidt, Matthew) Modified on 2/2/2023 (lc). [Transferred from California Central on 5/8/2023.]
January 30, 2023 Filing 48 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Service of Summons and Complaint Returned Executed (21 days), #38 , Service of Summons and Complaint Returned Executed (21 days), #39 , Service of Summons and Complaint Returned Executed (21 days), #40 , Service of Summons and Complaint Returned Executed (21 days), #44 , Service of Summons and Complaint Returned Executed (21 days), #47 . The following error(s) was/were found: Form has ERRONEOUS address of the US District Court as "312 North Spring Street" which is that of Los Angeles County Superior Court; No. 39 has " Santa Ana". Other error(s) with document(s): Filer is advised to Update form to reflect the US District Court's Address to that of the Location of the Assigned Judge. 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. (lc) [Transferred from California Central on 5/8/2023.]
January 29, 2023 Filing 47 PROOF OF SERVICE Executed by Plaintiff Julia Hubbard, Kayla Goedinghaus, upon Defendant Scott Brunson served on 1/21/2023, answer due 2/13/2023. Service of the Summons and Complaint were executed upon Scott Brunson in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
January 29, 2023 Filing 46 PROOF OF SERVICE Executed by Plaintiff Julia Hubbard, Kayla Goedinghaus, upon Defendant Robert Pruitt served on 12/26/2022, answer due 1/17/2023. Service of the Summons and Complaint were executed upon Robert Pruitt in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
January 29, 2023 Filing 45 PROOF OF SERVICE Executed by Plaintiff Julia Hubbard, Kayla Goedinghaus, upon Defendant Richard Hubbard served on 1/18/2023, answer due 2/8/2023. Service of the Summons and Complaint were executed upon Richard Hubbard in compliance with statute not specified by personal service.Original Summons returned. (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
January 29, 2023 Filing 44 PROOF OF SERVICE Executed by Plaintiff Julia Hubbard, Kayla Goedinghaus, upon Defendant RCI Hospitality Holdings, Inc. served on 1/23/2023, answer due 2/13/2023. Service of the Summons and Complaint were executed upon Britney Williams, employee of RCI Hospitality Holdings, Inc. in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
January 29, 2023 Filing 43 PROOF OF SERVICE Executed by Plaintiff Julia Hubbard, Kayla Goedinghaus, upon Defendant Michael Hynes, Jr. served on 1/7/2023, answer due 1/30/2023. Service of the Summons and Complaint were executed upon Michael Hynes, Jr. in compliance with California Code of Civil Procedure by substituted service at home address and no service by mail was executed.Original Summons NOT returned. (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
January 29, 2023 Filing 42 PROOF OF SERVICE Executed by Plaintiff Julia Hubbard, Kayla Goedinghaus, upon Defendant Scott Woods served on 1/3/2023, answer due 2/8/2023. Service of the Summons and Complaint were executed upon Scott Woods in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed.Original Summons NOT returned. (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
January 29, 2023 Filing 41 PROOF OF SERVICE Executed Julia Hubbard, Kayla Goedinghaus, upon Defendant Joseph Bolin served on 12/28/2022, answer due 1/27/2023. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with California Code of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
January 29, 2023 Filing 40 PROOF OF SERVICE Executed by Plaintiff Julia Hubbard, Kayla Goedinghaus, upon Defendant Benjamin Todd Eller served on 1/24/2023, answer due 2/14/2023. Service of the Summons and Complaint were executed upon Benjamin Todd Eller in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
January 29, 2023 Filing 39 PROOF OF SERVICE Executed by Plaintiff Julia Hubbard, Kayla Goedinghaus, upon Defendant Coe Juracek served on 1/28/2023, answer due 2/21/2023. Service of the Summons and Complaint were executed upon Coe Juracek in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
January 29, 2023 Filing 38 PROOF OF SERVICE Executed by Plaintiff Julia Hubbard, Kayla Goedinghaus, upon Defendant Cody Mitchell served on 1/25/2023, answer due 2/15/2023. Service of the Summons and Complaint were executed upon Cody Mitchell in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
January 29, 2023 Filing 37 PROOF OF SERVICE Executed by Plaintiff Julia Hubbard, Kayla Goedinghaus, upon Defendant Case Grover served on 1/3/2023, answer due 1/24/2023. Service of the Summons and Complaint were executed upon Case Grover in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
January 27, 2023 Filing 36 NOTICE of Appearance filed by attorney Philip Earl Cook on behalf of Defendant Robert Pruitt (Attorney Philip Earl Cook added to party Robert Pruitt(pty:dft))(Cook, Philip) [Transferred from California Central on 5/8/2023.]
January 25, 2023 Filing 35 First STIPULATION Extending Time to Answer the complaint as to All Parties, filed by Defendant Scott Woods.(Attorney David Jonathan Rubaum added to party Scott Woods(pty:dft))(Rubaum, David) [Transferred from California Central on 5/8/2023.]
January 23, 2023 Opinion or Order Filing 34 ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION TO EXTEED DEADLINE TO RESPONSD TO DEFENDANT TRAMMEL S. CROW, JR'S MOTION TO DISMISS #29 by Judge Fernando L. Aenlle-Rocha: Plaintiffs' Opposition to the Motion to Dismiss shall be due on or before February 15, 2023. Defendant Crow's Reply in support of the Motion to Dismiss shall be due on or before March 10, 2023. The hearing on Defendant Crows Motion to Dismiss is CONTINUED to March 24, 2023 at 1:30 PM #26 . (lc) [Transferred from California Central on 5/8/2023.]
January 18, 2023 Filing 33 STIPULATION Extending Time to Answer the complaint as to re Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Julia Hubbard, Kayla Goedinghaus.(Mazzella, Anastasia) [Transferred from California Central on 5/8/2023.]
January 18, 2023 Filing 32 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Stipulation for Extension of Time to File, Stipulation for Extension of Time to File Response/Reply #30 by Judge Fernando L. Aenlle-Rocha. The document is stricken. (lc) [Transferred from California Central on 5/8/2023.]
January 18, 2023 Filing 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Stipulation for Extension of Time to File, Stipulation for Extension of Time to File Response/Reply #30 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Stipulation: Extending time to answer (30 days or Less). Defendant Robert Pruitt's stipulation with 2 different and incorrect reliefs did NOT record any extension of time to File Answer to Complaint less than 30 days. These incorrect events are for other type of documents. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) [Transferred from California Central on 5/8/2023.]
January 17, 2023 Filing 30 (STRICKEN PER 1/18/2023 COURT'S G112B RESPONSE ORDER DOCKET NO. 32). STIPULATION for Extension of Time to File for Defendant Robert Pruitt to Respond to the Initial Complaint by not more than 30 days, STIPULATION for Extension of Time to File filed by Plaintiff Julia Hubbard.(Mazzella, Anastasia) Modified on 1/18/2023 (lc). [Transferred from California Central on 5/8/2023.]
January 13, 2023 Filing 29 EX PARTE APPLICATION to Extend Time to File Answer to 2/15/2023 filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard. (Attachments: #1 Proposed Order Granting Ex Parte Application For Leave to Extend Deadline) (Balestriere, John) [Transferred from California Central on 5/8/2023.]
January 10, 2023 Opinion or Order Filing 28 ORDER GRANTING IN PART AND DENYING IN PART JOINT STIPULATION AND APPLICATIONFOR LEAVE TO EXTEND PAGE LIMITS ON MEMORANDA OF POINTS AND AUTHORITIES ANDMODIFY BRIEFING SCHEDULE #25 by Judge Fernando L. Aenlle-Rocha: Having considered the parties Stipulation, the court finds the parties do notestablish good cause for an extension to the standard word and page limits for briefs and DENIES the parties' request for an extension. The court expects the parties to comply with the greater of the 7,000-word limit established under Local Rule 11-6.1 or the 25-page limit established by the Initial Standing Order (Dkt. 24) for moving and opposition briefs, as well as the 15-page limit for Defendant Crows reply brief. The court GRANTS in part the Stipulation and SETS the following briefing schedule on Defendant Crow's Motion to Dismiss:1. Defendant Crows deadline to file the Motion to Dismiss January 9, 2023;2. Plaintiffs deadline to file a response to the Motion to Dismiss January 27, 2023; 3. Defendant Crows deadline to file a reply in Support of the Motion to Dismiss February 10, 2023; and 4. Hearing on the Motion to Dismiss February 24, 2023 at 1:30 p.m. #26 . (lc) [Transferred from California Central on 5/8/2023.]
January 10, 2023 Opinion or Order Filing 27 ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 2/24/2023 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (tf) [Transferred from California Central on 5/8/2023.]
January 9, 2023 Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Trammell S Crow, Jr.. Motion set for hearing on 3/24/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order) (Hawxhurst, Gerald) [Transferred from California Central on 5/8/2023.]
January 5, 2023 Filing 25 Joint STIPULATION for Leave to EXTEND PAGE LIMITS ON MEMORANDA OF POINTS AND AUTHORITIES AND MODIFY BRIEFING SCHEDULE filed by Defendant Trammell S Crow, Jr.. (Attachments: #1 Proposed Order)(Hawxhurst, Gerald) [Transferred from California Central on 5/8/2023.]
December 5, 2022 Opinion or Order Filing 24 INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (tf) [Transferred from California Central on 5/8/2023.]
December 2, 2022 Filing 23 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Steve Kim to Judge Fernando L. Aenlle-Rocha for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Maria A. Audero. The case number will now reflect the initials of the transferee Judges 2:22-cv-07957 FLA(MAAx). (rn) [Transferred from California Central on 5/8/2023.]
December 2, 2022 Filing 22 STATEMENT OF CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE (Balestriere, John) [Transferred from California Central on 5/8/2023.]
December 1, 2022 Filing 21 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (hr) [Transferred from California Central on 5/8/2023.]
November 14, 2022 Opinion or Order Filing 20 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Magistrate Judge Steve Kim: GRANTING #16 Non-Resident Attorney London England APPLICATION to Appear Pro Hac Vice on behalf of Defendant Trammell S. Crow, Jr., designating Gerald E. Hawxhurst as local counsel. (lt) [Transferred from California Central on 5/8/2023.]
November 14, 2022 Opinion or Order Filing 19 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Magistrate Judge Steve Kim: GRANTING #15 Non-Resident Attorney Kenneth C. Stone APPLICATION to Appear Pro Hac Vice on behalf of Defendant Trammell S. Crow, Jr., designating Gerald E. Hawxhurst as local counsel. (lt) [Transferred from California Central on 5/8/2023.]
November 14, 2022 Opinion or Order Filing 18 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Magistrate Judge Steve Kim: GRANTING #9 Non-Resident Attorney John G. Balestriere APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Julia Hubbard and Kayla Goedinghaus, designating Anastasia Mazzella as local counsel. (lt) [Transferred from California Central on 5/8/2023.]
November 14, 2022 Filing 17 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney London England to Appear Pro Hac Vice on behalf of Defendant Trammell S Crow, Jr. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34313194) #16 , APPLICATION of Non-Resident Attorney Kenneth C. Stone to Appear Pro Hac Vice on behalf of Defendant Trammell S Crow, Jr. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34313187) #15 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Case information is incomplete. MJ initials missing on application and proposed order. Please note MJ Notice of MJ Assignment, dated 11/3/22, Dkt. 4. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) [Transferred from California Central on 5/8/2023.]
November 10, 2022 Filing 16 APPLICATION of Non-Resident Attorney London England to Appear Pro Hac Vice on behalf of Defendant Trammell S Crow, Jr. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34313194) filed by Defendant Trammell S Crow, Jr.. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Proposed Order) (Foltyn-Smith, Kyle) [Transferred from California Central on 5/8/2023.]
November 10, 2022 Filing 15 APPLICATION of Non-Resident Attorney Kenneth C. Stone to Appear Pro Hac Vice on behalf of Defendant Trammell S Crow, Jr. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34313187) filed by Defendant Trammell S Crow, Jr.. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Proposed Order) (Foltyn-Smith, Kyle) [Transferred from California Central on 5/8/2023.]
November 10, 2022 Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Patrick Bryan Nichols counsel for Defendant Trammell S Crow, Jr.. Adding Patrick B. Nichols as counsel of record for Trammell S. Crow, Jr. for the reason indicated in the G-123 Notice. Filed by defendant Trammell S. Crow, Jr.. (Attorney Patrick Bryan Nichols added to party Trammell S Crow, Jr.(pty:dft))(Nichols, Patrick) [Transferred from California Central on 5/8/2023.]
November 10, 2022 Filing 13 NOTICE of Interested Parties filed by defendant Trammell S Crow, Jr., (Foltyn-Smith, Kyle) [Transferred from California Central on 5/8/2023.]
November 10, 2022 Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Kyle DeWitt Foltyn-Smith counsel for Defendant Trammell S Crow, Jr.. Adding Kyle D. Foltyn-Smith as counsel of record for Trammell S. Crow, Jr. for the reason indicated in the G-123 Notice. Filed by defendant Trammell S. Crow, Jr.. (Attorney Kyle DeWitt Foltyn-Smith added to party Trammell S Crow, Jr.(pty:dft))(Foltyn-Smith, Kyle) [Transferred from California Central on 5/8/2023.]
November 10, 2022 Filing 11 Notice of Appearance or Withdrawal of Counsel: for attorney Gerald E. Hawxhurst counsel for Defendant Trammell S Crow, Jr.. Adding Gerald E. Hawxhurst as counsel of record for Trammell S. Crow, Jr. for the reason indicated in the G-123 Notice. Filed by defendant Trammell S. Crow, Jr.. (Attorney Gerald E. Hawxhurst added to party Trammell S Crow, Jr.(pty:dft))(Hawxhurst, Gerald) [Transferred from California Central on 5/8/2023.]
November 10, 2022 Filing 10 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Julia Hubbard, Kayla Goedinghaus. upon Trammell S Crow, Jr. waiver sent by Plaintiff on 11/8/2022, answer due 1/9/2023. Waiver of Service signed by Gerald E. Hawxhurst. (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
November 10, 2022 Filing 9 APPLICATION to Withdraw , APPLICATION of Non-Resident Attorney John G. Balestriere to Appear Pro Hac Vice on behalf of Plaintiffs Kayla Goedinghaus, Julia Hubbard (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34310549) filed by Plaintiff Kayla Goedinghaus, Julia Hubbard. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order) (Mazzella, Anastasia) [Transferred from California Central on 5/8/2023.]
November 3, 2022 Filing 8 NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
November 3, 2022 Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (sh) [Transferred from California Central on 5/8/2023.]
November 3, 2022 Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney John G. Balestriere. 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. (sh) [Transferred from California Central on 5/8/2023.]
November 3, 2022 Filing 5 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Joseph Bolin, Scott Brunson, Richard Butler, Michael Cain, H.J. Cole, Trammell S Crow, Jr., Doe Companies, Doe Individuals, EcoLoft Homes LLC, Philip Ecob, Elevated Wellness Partners LLC, Benjamin Todd Eller, Case Grover, Richard Hubbard, Michael Hynes, Jr., Integrity Based Marketing, LLC, Coe Juracek, Kurt Knewitz, Jade Mayer, Shawn Mayer, Melissa Miller, Cody Mitchell, Mark Molina, Paul Pendergrass, Robert Pruitt, RCI Hospitality Holdings, Inc., Ralph Rogers, Mrugeshkumar Shah, Storm Fitness Nutrition, LLC, Ultra Combat Nutrition, LLC, Scott Woods. (sh) [Transferred from California Central on 5/8/2023.]
November 3, 2022 Filing 4 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Steve Kim. (Attachments: #1 CV-11C) (sh) [Transferred from California Central on 5/8/2023.]
November 1, 2022 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard. (Attachments: #1 Attachment 1, #2 Attachment 2)(Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
November 1, 2022 Filing 2 CIVIL COVER SHEET filed by Plaintiffs Kayla Goedinghaus, Julia Hubbard. (Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]
November 1, 2022 Filing 1 COMPLAINT Receipt No: ACACDC-34253033 - Fee: $402, filed by Plaintiffs Julia Hubbard, Kayla Goedinghaus. (Attorney Matthew W Schmidt added to party Kayla Goedinghaus(pty:pla), Attorney Matthew W Schmidt added to party Julia Hubbard(pty:pla))(Schmidt, Matthew) [Transferred from California Central on 5/8/2023.]

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Search for this case: Julia Hubbard et al v. Trammell S. Crow, Jr. et al
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Plaintiff: Julia Hubbard
Represented By: Matthew W. Schmidt
Represented By: Anastasia Kinney Mazzella
Represented By: John G. Balestriere
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Plaintiff: Kayla Goedinghaus
Represented By: Matthew W. Schmidt
Represented By: Anastasia Kinney Mazzella
Represented By: John G. Balestriere
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Defendant: Trammell S Crow, Jr.
Represented By: Gerald E. Hawxhurst
Represented By: Kenneth C. Stone
Represented By: Kyle DeWitt Foltyn-Smith
Represented By: London England
Represented By: Patrick Bryan Nichols
Represented By: Kenneth Charles Stone
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Defendant: Dr. Benjamin Todd Eller
Represented By: Terrence Matthew Jones
Represented By: Indira J Cameron-Banks
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Defendant: Richard Hubbard
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Defendant: Dr. Melissa Miller
Represented By: David P Pruett
Represented By: Michael John Trotter
Represented By: J. Stephen Dillawn
Represented By: R. Chad Geisler
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Defendant: Joseph Bolin
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Defendant: Dr. Scott Woods
Represented By: David Jonathan Rubaum
Represented By: Daniel Jose Paret
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Defendant: Dr. Mrugeshkumar Shah
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Defendant: Michael Cain
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Defendant: Coe Juracek
Represented By: Diane M. Doolittle
Represented By: Adam J. DiClemente
Represented By: Matthew Alexander Bergjans
Represented By: Evan Zachary Pearson
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Defendant: Philip Ecob
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Defendant: H.J. Cole
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Defendant: Cody Mitchell
Represented By: Alec Raymond Simpson, I
Represented By: Alec R. Simpson
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Defendant: Kurt Knewitz
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Defendant: Paul Pendergrass
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Defendant: Ralph Rogers
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Defendant: Robert Pruitt
Represented By: Phillip E. Cook
Represented By: James P. Moon
Represented By: Steven J. Berry
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Defendant: Scott Brunson
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Defendant: Case Grover
Represented By: Olivia Hyejun Kim
Represented By: Delmar Shariff Thomas
Represented By: Justin Michael Marvisi
Represented By: Stephanie Roark
Represented By: Brian Rawson
Represented By: Holly Naehritz
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Defendant: Richard Butler
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Defendant: Mark Molina
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Defendant: Michael Hynes, Jr.
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Defendant: Shawn Mayer
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Defendant: Jade Mayer
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Defendant: RCI Hospitality Holdings, Inc.
Represented By: Justin Michael Marvisi
Represented By: Brian Rawson
Represented By: Stephanie Roark
Represented By: Holly Naehritz
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Defendant: Integrity Based Marketing, LLC
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Defendant: Storm Fitness Nutrition, LLC
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Defendant: Ultra Combat Nutrition, LLC
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Defendant: EcoLoft Homes LLC
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Defendant: Elevated Wellness Partners LLC
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Defendant: Doe Individuals
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Defendant: Doe Companies
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Defendant: Aaron Burlingame
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Defendant: The Estate of Dr. Joseph Bolin
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