Michael Skiathitis v. Nyko Technologies, Inc.
| California Central District Court | |
| Judge: | Philip S Gutierrez |
| Referred: | Suzanne H Segal |
| Case #: | 2:18-cv-03584 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-Fraud |
| Case Filed: | Apr 27, 2018 |
| Terminated: | Sep 03, 2019 |
| Last checked: Wednesday Oct 24, 2018 1:57 AM PDT |
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Defendant
Nyko Technologies, Inc.
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Represented By
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Plaintiff
Michael Skiathitis
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Represented By
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Plaintiff
Gabriel Buggs
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Represented By
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Plaintiff
Cody Rager
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Represented By
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| Docket last updated: 01/12/2025 11:59 PM PST |
| Tuesday, September 03, 2019 | ||
| 46 | 46
2
pgs
order
Order ~Util - Terminate Civil Case
Tue 09/03 5:46 PM
STIPULATION FOR DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1)(A) (ii); ORDER by Judge Philip S. Gutierrez, re Stipulation to Dismiss Case45 : IT IS SO ORDERED. (Made JS-6. Case Terminated.) (bm) |
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| Tuesday, August 27, 2019 | ||
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stip
Dismiss Case
Tue 08/27 3:28 PM
Joint STIPULATION to Dismiss Case pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) filed by Plaintiffs Gabriel Buggs, Cody Rager, Michael Skiathitis.(Wright, David) |
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| Monday, July 22, 2019 | ||
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10
pgs
order
Order
Wed 07/24 12:07 PM
ORDER FOR JURY TRIAL by Judge Philip S. Gutierrez. UNLESS OTHERWISE ORDERED BY THE COURT, THE FOLLOWING RULES SHALL APPLY. See document for details. (lom) |
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| 43 | 43
order
Order/Referral to ADR (No 3) (Private Mediator) (ADR-12)
Wed 07/24 11:03 AM
ORDER/REFERRAL to ADR Procedure No 3 by Judge Philip S. Gutierrez. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than June 26, 2020. For ADR Procedure No. 3, counsel are responsible for contacting the private mediator at the appropriate time to arrange for further proceedings. (lom) |
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| 42 | 42
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Terminate Deadlines and Hearings ~Util - Set/Reset Deadlines/Hearings
Wed 07/24 11:01 AM
MINUTE ORDER(In Chambers): VACATING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. On the Court's own motion, the Scheduling Conference presently set for July 29, 2019, is VACATED, and the following dates are hereby set. Please review the Court's trial order for further details. Last Day to Add Parties & Amend Pleadings (Doe defendants are dismissed as of cut-off to add parties) August 29, 2019; Discovery Cut-Off: May 19, 2020; Last Day to File Motions: June 2, 2020; Opening Expert Witness Disclosure [See F.R.Civ.P. 26(a)(2)] May 26, 2020; Rebuttal Expert Witness Disclosure: June 15, 2020; Expert Discovery Cut-Off: July 6, 2020; Final Pretrial Conference (2:30 p.m.): August 10, 2020; Jury Trial (9:00 a.m.): August 25, 2020 Estimated Length: 5 days. (lom) |
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| Monday, July 15, 2019 | ||
| 41 | 41
misc
Joint Report Rule 26(f) Discovery Plan
Mon 07/15 4:11 PM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1 Week, filed by Plaintiffs Gabriel Buggs, Cody Rager, Michael Skiathitis.. (Wright, David) |
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| Friday, January 04, 2019 | ||
| 40 | 40
order
Initial Order Setting R26 Scheduling Conference - form only
Fri 01/04 1:54 PM
ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 7/29/2019 at 02:00 PM. (wm) |
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| Wednesday, January 02, 2019 | ||
| 39 | 39
answer
Answer to Complaint (Attorney Civil Case Opening)
Wed 01/02 10:49 AM
ANSWER to Amended Complaint/Petition31 with JURY DEMAND filed by Defendant Nyko Technologies, Inc..(Lapidus, Daniel) |
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| Wednesday, December 19, 2018 | ||
| 38 | 38
order
Dismiss
Wed 12/19 12:28 PM
MINUTES (IN CHAMBERS) Order GRANTING in part and DENYING in part Defendant's motion to dismiss by Judge Philip S. Gutierrez granting in part and denying in part32 MOTION to Dismiss: For the foregoing reasons, the Court GRANTS Defendant's motion to dismiss the CLRA, FAL, UCL, ICFDPA, IUDTPA, breach of implied warranty, breach of express warranty, Magnusson-Moss Act, and negligent misrepresentation claims as to all Plaintiffs. It further GRANTS Defendant's motion to dismiss the fraud claims as to Plaintiffs Skiathitis and Rager. The Court DENIES Defendants motion to dismiss the unjust enrichment claims. Plaintiffs may proceed on the following claims: Violation of the Florida Deceptive and Unfair Trade Practices Act as to Plaintiff Skiathitis only (Fourth Cause of Action). Common law fraud as to Plaintiff Buggs only (Fifth Cause of Action). Unjust enrichment as to all Plaintiffs (Seventh Cause of Action). Violation of the Song-Beverly Consumer Warranty Act as to Plaintiff Buggs only (Eleventh Cause of Action). Leave to amend is DENIED. (see document for further details) (bm) |
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| Monday, December 17, 2018 | ||
| 37 | 37
respm
Supplement (Motion related)
Mon 12/17 3:57 PM
SUPPLEMENT IN FURTHER OPPOSITION TO DEFENDANT NYKO TECHNOLOGIES, INC'S MOTION TO DISMISS SECOND AMENDED COMPLAINT filed by Plaintiffs Gabriel Buggs, Cody Rager, Michael Skiathitis. (Wright, David) |
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| 36 | 36
respm
Supplement (Motion related)
Mon 12/17 3:51 PM
SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint 32 pursuant to Court's December 10, 2018 Order (Document No. 35) filed by Defendant Nyko Technologies, Inc.. (Lapidus, Daniel) |
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| Monday, December 10, 2018 | ||
| 35 | 35
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Deadlines/Hearings ~Util - Terminate Hearings
Mon 12/10 3:24 PM
MINUTE ORDER IN CHAMBERS re Supplemental Briefing Orderby Judge Philip S. Gutierrez: Having reviewed the moving papers for Defendant's motion to dismiss the Second Amended Complaint (Dkt. no. 32), the Court ORDERS the parties to submit supplemental briefs addressing the following two questions. The supplemental briefs may not exceed seven pages in length and should be submitted simultaneously on Monday, December 17, 2018. The hearing set for December 17, 2018 is VACATED. The Court will take this motion under submission after receiving the supplemental briefs and will notify the parties if it wishes to hear oral argument at a later date. (see document for further details) (bm) |
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| Monday, December 03, 2018 | ||
| 34 | 34
respm
Reply (Motion related)
Mon 12/03 11:22 AM
REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint 32 filed by Defendant Nyko Technologies, Inc.. (Lapidus, Daniel) |
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| Monday, November 26, 2018 | ||
| 33 | 33
respm
Response in Opposition to Motion
Mon 11/26 2:09 PM
OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint 32 filed by Plaintiffs Gabriel Buggs, Cody Rager, Michael Skiathitis. (Wright, David) |
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| Thursday, October 25, 2018 | ||
| 32 | 32
motion
Dismiss (cause or other)
Thu 10/25 10:00 AM
NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Nyko Technologies, Inc.. Motion set for hearing on 12/17/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Lapidus, Daniel) |
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| Friday, October 12, 2018 | ||
| 31 | 31
othcmp
Amended Complaint/Petition
Fri 10/12 9:57 PM
SECOND AMENDED COMPLAINT against Defendant Nyko Technologies, Inc. amending Amended Complaint/Petition,24 , filed by Plaintiffs Gabriel Buggs, Michael Skiathitis, Cody Rager(Wright, David) |
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| Wednesday, September 12, 2018 | ||
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order
Dismiss
Wed 09/12 3:23 PM
MINUTES (IN CHAMBERS) Order GRANTING Defendant's motion to dismiss in part and DENYING it in part by Judge Philip S. Gutierrez granting in part and denying in part26 MOTION to Dismiss: For the foregoing reasons, the Court GRANTS Defendant's motion to dismiss Plaintiff Ragers claims in their entirety. The Court DENIES Defendant's motion to dismiss Plaintiff Skiathitis's FDUTPA claim to the extent it relies on deceptive practices, but GRANTS the motion with regard to all of his other claims. As to Plaintiff Buggs, the Court DENIES Defendant's motion to dismiss his common law fraud, negligent misrepresentation, unjust enrichment, breach of express warranty, and Magnuson-Moss Act claims (to the extent it relies on breach of the express warranty) but GRANTS the motion to dismiss his other claims. The Court GRANTS Plaintiffs leave to amend all of their claims except their breach of implied warranty claims and Plaintiff Skiathitis's Song-Beverly Act claim. Plaintiffs must file an amended complaint by October 12, 2018. Failure to file an amended complaint will result in a dismissal without prejudice of the causes of action dismissed in this order. (bm) |
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| Friday, August 31, 2018 | ||
| 29 | 29
respm
Reply (Motion related)
Fri 08/31 11:52 AM
REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint 26 filed by Defendant Nyko Technologies, Inc.. (Lapidus, Daniel) |
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| Monday, August 27, 2018 | ||
| 28 | 28
respm
Response in Opposition to Motion
Mon 08/27 7:28 PM
OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint 26 filed by Plaintiffs Gabriel Buggs, Cody Rager, Michael Skiathitis.(Wright, David) |
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Att: 1
Exhibit 1 - Receipt,
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Att: 2
Proposed Order
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| Monday, August 13, 2018 | ||
| 27 | 27
notice
Appearance
Mon 08/13 4:12 PM
NOTICE of Appearance filed by attorney Jim D Bauch on behalf of Defendant Nyko Technologies, Inc. (Attorney Jim D Bauch added to party Nyko Technologies, Inc.(pty:dft))(Bauch, Jim) |
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| 26 | 26
motion
Dismiss (cause or other)
Mon 08/13 9:47 AM
NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint filed by defendant Nyko Technologies, Inc.. Motion set for hearing on 9/17/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Lapidus, Daniel) |
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| Tuesday, July 31, 2018 | ||
| 25 | 25
order
Dismiss Case
Tue 07/31 11:26 AM
MINUTES (IN CHAMBERS) Order VACATING hearing date and finding Defendant's motion to dismiss RENDERED MOOT by Judge Philip S. Gutierrez finding as moot21 MOTION to Dismiss Case: On June 28, 2018, Defendant Nyko Technologies, Inc. ("Defendant") filed a motion to dismiss the complaint filed by Plaintiff Michael Skiathitis ("Plaintiff"). See Dkt. no. 21. The motion was set for hearing on August 20, 2018. See Dkt. no. 23. Plaintiff, joined by Plaintiffs Cody Rager and Gabriel Buggs, filed a first amended complaint on July 30, 2018. See Dkt. no. 24. Accordingly, the Court VACATES the August 20, 2018 hearing date and finds Defendant's motion to dismiss RENDERED MOOT. (bm) |
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| Monday, July 30, 2018 | ||
| 24 | 24
othcmp
Amended Complaint/Petition
Mon 07/30 4:49 PM
FIRST AMENDED COMPLAINT against Defendant Nyko Technologies, Inc. amending Complaint (Attorney Civil Case Opening)1 , filed by Plaintiffs Michael Skiathitis, Gabriel Buggs, Cody Rager(Attorney David C Wright added to party Cody Rager(pty:pla), Attorney David C Wright added to party Gabriel Buggs(pty:pla))(Wright, David) |
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| Monday, July 16, 2018 | ||
| 23 | 23
order
Stipulation and Order ~Util - Set/Reset Deadlines/Hearings
Wed 07/18 10:08 AM
ORDER GRANTING JOINT STIPULATION TO CONTINUE HEARING DATE AND BRIEFING SCHEDULE RE DEFENDANT NYKO TECHNOLOGIES, INC'S MOTION TO DISMISS22 by Judge Philip S. Gutierrez: THEREFORE, IT IS HEREBY ORDERED: 1. Plaintiffs deadline to either oppose Defendants Motion to Dismiss, or file an amended pleading, is continued from July 16, 2018, to July 30, 2018; 2. If Plaintiff files an opposition to Defendants Motion to Dismiss, Defendants reply brief shall be due on August 6, 2018; and 3. The hearing date for Defendants Motion to Dismiss shall be continued to August 20, 2018, at 1:30 p.m. IT IS SO ORDERED. (ab) |
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| Thursday, July 12, 2018 | ||
| 22 | 22
stip
Continue
Thu 07/12 3:39 PM
Joint STIPULATION to Continue Hearing from August 6, 2018 to August 20, 2018 Re: NOTICE OF MOTION AND MOTION to Dismiss Case 21 filed by Plaintiff Michael Skiathitis.(Wright, David) |
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Att: 1
Proposed Order
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| Thursday, June 28, 2018 | ||
| 21 | 21
motion
Dismiss Case
Thu 06/28 11:38 AM
NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Nyko Technologies, Inc.. Motion set for hearing on 8/6/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Lapidus, Daniel) |
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| Wednesday, June 13, 2018 | ||
| 20 | 20
order
Appear Pro Hac Vice
Thu 06/14 8:37 AM
ORDER by Judge Philip S. Gutierrez Denying18 Non-Resident Attorney Joseph G Sauder APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Michael Skiathitis: for failure to complete Application: Application not hand-signed, because Certificate not attached for every state court listed to which the applicant has been admitted IT IS HEREBY FURTHER ORDERED that the pro hac vice application fee, if paid, be refunded. (bm) |
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| Monday, June 11, 2018 | ||
| 19 | 19
notice
Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form
Mon 06/11 5:04 PM
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Joseph G. Sauder to Appear Pro Hac Vice on behalf of Plaintiff Michael Skiathitis (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21896507)18 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lt) |
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| Friday, June 08, 2018 | ||
| 18 | 18
motion
Appear Pro Hac Vice (G-64)
Fri 06/08 2:41 PM
APPLICATION of Non-Resident Attorney Joseph G. Sauder to Appear Pro Hac Vice on behalf of Plaintiff Michael Skiathitis (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21896507) filed by Plaintiff Michael Skiathitis. (Wright, David) |
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Att: 1
Certi ficate of Good Standing,
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Att: 2
Proposed Order
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| Thursday, May 24, 2018 | ||
| 17 | 17
notice
Certificate/Notice of Interested Parties
Thu 05/24 3:40 PM
NOTICE of Interested Parties filed by Defendant Nyko Technologies, Inc., identifying Nyko Technologies, Inc.; Hartford Fire Insurance Co.. (Lapidus, Daniel) |
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| 16 | 16
stip
Extending Time to Answer (30 days or less)
Thu 05/24 3:37 PM
STIPULATION Extending Time to Answer the complaint as to Nyko Technologies, Inc. answer now due 6/29/2018, re Complaint (Attorney Civil Case Opening)1 filed by Defendant Nyko Technologies, Inc..(Attorney Daniel C Lapidus added to party Nyko Technologies, Inc.(pty:dft))(Lapidus, Daniel) |
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| Friday, May 11, 2018 | ||
| 15 | 15
service
Service of Summons and Complaint Returned Executed (21 days)
Fri 05/11 12:10 PM
PROOF OF SERVICE Executed by Plaintiff Michael Skiathitis, upon Defendant Nyko Technologies, Inc. served on 5/10/2018, answer due 5/31/2018. Service of the Summons and Complaint were executed upon Herschel Naghi, Authorized Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Wright, David) |
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| Wednesday, May 09, 2018 | ||
| 14 | 14
misc
Affidavit
Wed 05/09 4:47 PM
AFFIDAVIT by affiant: MICHAEL SKIATHITIS re Complaint (Attorney Civil Case Opening)1 re CLRA Venue filed by Plaintiff Michael Skiathitis (Wright, David) |
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| Friday, May 04, 2018 | ||
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attorney
Response to Notice of Fee Due on Pro Hac Vice Application
Fri 05/04 9:04 AM
RESPONSE filed by Pro Hac Vice attorney Matthew D. Schelkopf on behalf of Plaintiff Michael Skiathitis. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case. (lt) |
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| 12 | 12
attorney
Response to Notice of Fee Due on Pro Hac Vice Application
Fri 05/04 9:02 AM
RESPONSE filed by Pro Hac Vice attorney Joseph B. Kenney on behalf of Plaintiff Michael Skiathitis. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case. (lt) |
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| Tuesday, May 01, 2018 | ||
| 11 | 11
order
Initial Order upon Filing of Complaint - form only
Tue 05/01 9:25 AM
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji) |
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| Monday, April 30, 2018 | ||
| 10 | 10
service
Summons Issued (Attorney Civil Case Opening)
Mon 04/30 6:47 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Nyko Technologies, Inc. (ghap) |
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| 9 | 9
attorney
Pro Hac Vice Application Due (G-109) - optional html form
Mon 04/30 6:44 PM
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Joseph B Kenney. 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. (ghap) |
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| 8 | 8
attorney
Pro Hac Vice Application Due (G-109) - optional html form
Mon 04/30 6:44 PM
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Matthew D Schelkopf. 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. (ghap) |
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| 7 | 7
attorney
Pro Hac Vice Application Due (G-109) - optional html form
Mon 04/30 6:43 PM
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Joseph G Sauder. 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. (ghap) |
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| 6 | 6
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Mon 04/30 6:35 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
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| 5 | 5
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Mon 04/30 6:35 PM
NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Suzanne H. Segal. (ghap) |
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| Friday, April 27, 2018 | ||
| 4 | 4
notice
Certificate/Notice of Interested Parties
Fri 04/27 2:37 PM
CERTIFICATE of Interested Parties filed by Plaintiff Michael Skiathitis, (Wright, David) |
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| 3 | 3
notice
Summons Request
Fri 04/27 2:27 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Michael Skiathitis. (Wright, David) |
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| 2 | 2
misc
Civil Cover Sheet (CV-71)
Fri 04/27 2:23 PM
CIVIL COVER SHEET filed by Plaintiff Michael Skiathitis. (Wright, David) |
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| 1 | 1
cmp
Complaint (Attorney Civil Case Opening)
Fri 04/27 2:17 PM
COMPLAINT Receipt No: 0973-21663468 - Fee: $400, filed by Plaintiff Michael Skiathitis. (Attorney David C Wright added to party Michael Skiathitis(pty:pla))(Wright, David) |
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