Simmons Unlimited, LLC v. Riley Izydorczyk et al
| California Central District Court | |
| Judge: | Stephen V Wilson |
| Referred: | John D Early |
| Case #: | 2:21-cv-03118 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Apr 09, 2021 |
| Terminated: | Oct 26, 2021 |
| Last checked: Wednesday Oct 06, 2021 1:53 AM PDT |
|
Defendant
Gabriella McNeill
|
Represented By
|
|
Defendant
Deja Riley Izydorczyk
|
Represented By
|
|
Defendant
Does
|
|
|
Defendant
Roe Corporation
|
|
|
Defendant
Deja Riley Athletics LLC
|
Represented By
|
|
Plaintiff
Simmons Unlimited, LLC
|
Represented By
|
| Docket last updated: 12 hours ago |
| Tuesday, October 26, 2021 | ||
| 38 | 38
order
Dismiss/Lack of Jurisdiction
Wed 10/27 4:05 PM
MINUTES (IN CHAMBERS) - ORDER GRANTING DEFENDANTS' MOTION TO DISMISS20 by Judge Stephen V. Wilson: granting21 MOTION to Dismiss for Lack of Jurisdiction. For the foregoing reasons, Defendants' motion to dismiss is granted. Plaintiff's complaint is dismissed without prejudice so that it may he refiled in state court. (SEE ATTACHED DOCUMENT FOR DETAILS). (MD JS-6. Case Terminated) (mrgo) |
|
| Wednesday, October 06, 2021 | ||
| 37 | 37
respm
Supplement (Motion related)
Wed 10/06 11:16 PM
SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION TO DISMISS CASE for Lack of Jurisdiction, Failure to State a Claim, or in the alternative, a more definite statement 20 filed by Plaintiff Simmons Unlimited, LLC.(Matthews, Jordan) |
|
|
Att: 1
Affidavit of Imani Simmons in Response to Order
|
||
| 36 | 36
respm
Supplement (Motion related)
Wed 10/06 5:22 PM
SUPPLEMENT DEFENDANTS' SUPPLEMENTAL BRIEFING IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT, IN RESPONSE TO COURT'S SEPTEMBER 22, 2021 ORDER FOR SUPPLEMENTAL BRIEFING filed by Defendants Deja Riley Athletics LLC, Gabriella McNeill, Deja Riley Izydorczyk.(Gill, Jasmin) |
|
|
Att: 1
Affidavit OF DEFENDANT DEJANEE RILEY IZYDORCZYK IN RESPONSE TO COURTS SEPTEMBER 22, 2021 ORDER FOR SUPPLEMENTAL BRIEFING REGARDING DEFENDANTS MOTION TO DISMISS
|
||
| Wednesday, September 22, 2021 | ||
| 35 | 35
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Motion Hearing and R&R Deadlines
Wed 09/22 10:59 AM
MINUTE ORDER IN CHAMBERS - ORDER FOR SUPPLEMENTAL BRIEFING REGARDING DEFENDANTS' MOTION TO DISMISS20 by Judge Stephen V. Wilson. Following an inquiry into the factual basis for jurisdiction at the Court's hearing on September 20, 2021, the Court determines that additional facts are necessary to resolve defendants' motion to dismiss20 . Accordingly, the Court order the parties to submit the supplemental materials detailed below. (See document for details). Both parties shall file their affidavits and supporting documentation within 14 days, up to and including October 6, 2021. (mrgo) |
|
| Monday, September 20, 2021 | ||
| 34 | 34
minutes
Motion Hearing
Wed 09/22 10:51 AM
MINUTES OF20 MOTION to Dismiss for Lack of Jurisdiction/MOTION TO DISMISS CASE for Lack of Jurisdiction, Failure to State a Claim, or in the alternative, a more definite statement filed by Defendants;21 MOTION to Dismiss for Lack of Jurisdiction/MOTION TO DISMISS CASE for Lack of Jurisdiction, Failure to State a Claim, or in the alternative, a more definite statement filed by Defendants Hearing held before Judge Stephen V. Wilson. Case called. Hearing held. Order to issue. Court Reporter: Maria Bustillos. (mrgo) |
|
| Friday, September 10, 2021 | ||
|
textonly
Text Only Scheduling Notice
Fri 09/10 11:20 AM
(IN CHAMBERS) TEXT ONLY ORDER by Judge Stephen V. Wilson: The hearings on the MOTIONS to Dismiss for Lack of Jurisdiction20 AND21 , both set for 9/13/2021 are CONTINUED to 9/20/2021 at 01:30 PM before Judge Stephen V. Wilson. Counsel shall appear on this new date and time, unless otherwise notified by the Court. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) |
||
| Monday, August 30, 2021 | ||
| 32 | 32
respm
Reply (Motion related)
Mon 08/30 7:32 PM
REPLY DEFENDANTS DEJANEE RILEY IZYDORCZYK, GABRIELLA MCNEILL AND DEJA RILEY ATHLETICS, LLCS REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT, OR IN THE ALTERNATIVE A MORE DEFINITE STATEMENT NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION TO DISMISS CASE for Lack of Jurisdiction, Failure to State a Claim, or in the alternative, a more definite statement 20 , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION TO DISMISS CASE for Lack of Jurisdiction, Failure to State a Claim, or in the alternative, a more definite statement 21 filed by Defendants Deja Riley Athletics LLC, Gabriella McNeill, Deja Riley Izydorczyk.(Gill, Jasmin) |
|
|
Att: 1
Declaration SUPPLEMENTAL DECLARATION OF JASMIN K. GILL IN SUPPORT OF DEFENDANTS DEJANEE RILEY IZYDORCZYK, GABRIELLA MCNEILL AND DEJA RILEY ATHLETICS, LLCS REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT, OR IN THE ALTERNATIVE A MORE DEFINITE STATEMENT
|
||
| Wednesday, August 25, 2021 | ||
| 31 | 31
misc
Joint Report Rule 26(f) Discovery Plan
Wed 08/25 6:55 PM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff Simmons Unlimited, LLC.. (Matthews, Jordan) |
|
| 30 | 30
misc
For Judicial Notice
Wed 08/25 2:44 PM
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION TO DISMISS CASE for Lack of Jurisdiction, Failure to State a Claim, or in the alternative, a more definite statement 20 , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION TO DISMISS CASE for Lack of Jurisdiction, Failure to State a Claim, or in the alternative, a more definite statement 21 filed by Plaintiff Simmons Unlimited, LLC.(Matthews, Jordan) |
|
|
Att: 1
Exhibit A
|
||
| 29 | 29
misc
Errata
Wed 08/25 12:59 PM
NOTICE OF ERRATA filed by Plaintiff Simmons Unlimited, LLC. correcting MEMORANDUM in Opposition to Motion,,,,28 (Matthews, Jordan) |
|
| Monday, August 23, 2021 | ||
| 28 | 28
12
pgs
respm
Memorandum in Opposition to Motion
Mon 08/23 11:46 PM
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION TO DISMISS CASE for Lack of Jurisdiction, Failure to State a Claim, or in the alternative, a more definite statement 20 , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION TO DISMISS CASE for Lack of Jurisdiction, Failure to State a Claim, or in the alternative, a more definite statement 21 filed by Plaintiff Simmons Unlimited, LLC.(Matthews, Jordan) |
|
|
Att: 1
Declaration of Jordan Matthews,
|
||
|
Att: 2
Exhibit 1 of Matthews' Declaration,
|
||
|
Att: 3
Exhibit 2 of Matthews' Declaration,
|
||
|
Att: 4
Declaration of Imani Simmons,
|
||
|
Att: 5
Exhibit A of Simmons Declaration,
|
||
|
Att: 6
Exhibit B of Simmons Declaration,
|
||
|
Att: 7
Exhibit C of Simmons Declaration,
|
||
|
Att: 8
Exhibit D of Simmons Declaration,
|
||
|
Att: 9
Exhibit E of Simmons Declaration,
|
||
|
Att: 10
Exhibit F of Simmons Declaration,
|
||
|
Att: 11
Exhibit G of Simmons Declaration,
|
||
|
Att: 12
Exhibit H of Simmons Declaration,
|
||
|
Att: 13
Exhibit I of Simmons Declaration
|
||
| Tuesday, August 03, 2021 | ||
| 27 | 27
notice
Notice (Other)
Tue 08/03 1:16 AM
NOTICE Notice of Unavailability of Counsel for Defendants filed by Defendants Dejanee Riley Izydorczyk, Gabriella McNeill and Deja Riley Athletics, LLC Deja Riley Athletics LLC, Gabriella McNeill, Deja Riley Izydorczyk. (Gill, Jasmin) |
|
| Monday, August 02, 2021 | ||
| 26 | 26
notice
Certificate/Notice of Interested Parties
Mon 08/02 4:48 PM
NOTICE of Interested Parties filed by Defendants Deja Riley Athletics LLC, Gabriella McNeill, Deja Riley Izydorczyk, (Gill, Jasmin) |
|
| 25 | 25
order
Response By Court to Notice of Deficiencies (G-112B) - optional html form
Mon 08/02 3:58 PM
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION TO DISMISS CASE for Lack of Jurisdiction, Failure to State a Claim, or in the alternative, a more definite statement 20 by Clerk of Court. Counsel are directed to file their Notice of Interested Parties within 7 days of today's date. (mrgo) |
|
| 24 | 24
notice
Deficiency in Electronically Filed Documents (G-112A) - optional html form
Mon 08/02 3:54 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION TO DISMISS CASE for Lack of Jurisdiction, Failure to State a Claim, or in the alternative, a more definite statement 20 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (mrgo) |
|
| Friday, July 30, 2021 | ||
| 23 | 23
misc
For Judicial Notice
Fri 07/30 10:34 AM
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION TO DISMISS CASE for Lack of Jurisdiction, Failure to State a Claim, or in the alternative, a more definite statement 20 , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION TO DISMISS CASE for Lack of Jurisdiction, Failure to State a Claim, or in the alternative, a more definite statement 21 filed by Defendants Deja Riley Athletics LLC, Gabriella McNeill, Deja Riley Izydorczyk. (Gill, Jasmin) |
|
| 22 | 22
respm
Declaration (Motion related)
Fri 07/30 10:32 AM
DECLARATION of Jasmin K. Gill In Support Of Defendants' Notice of Motion and Motion to Dismiss for Lack of Jurisdiction, For Failure to State a Claim, or in the alternative, a more definite statement NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION TO DISMISS CASE for Lack of Jurisdiction, Failure to State a Claim, or in the alternative, a more definite statement 20 , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION TO DISMISS CASE for Lack of Jurisdiction, Failure to State a Claim, or in the alternative, a more definite statement 21 filed by Defendants Deja Riley Athletics LLC, Gabriella McNeill, Deja Riley Izydorczyk.(Gill, Jasmin) |
|
|
Att: 1
Exhibit A,
|
||
|
Att: 2
Exhibit B
|
||
| 21 | 21
motion
Dismiss for Lack of Jurisdiction
Fri 07/30 10:21 AM
NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION TO DISMISS CASE for Lack of Jurisdiction, Failure to State a Claim, or in the alternative, a more definite statement filed by Defendants Dejanee Riley Izydorczyk, Gabriella McNeill and Deja Riley Athletics, LLC Deja Riley Athletics LLC, Gabriella McNeill, Deja Riley Izydorczyk. Motion set for hearing on 9/13/2021 at 01:30 PM before Judge Stephen V. Wilson. (Gill, Jasmin) |
|
|
Att: 1
Proposed Order
|
||
| 20 | 20
motion
Dismiss for Lack of Jurisdiction
Fri 07/30 10:17 AM
NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction NOTICE OF MOTION AND MOTION TO DISMISS CASE for Lack of Jurisdiction, Failure to State a Claim, or in the alternative, a more definite statement filed by Defendants Dejanee Riley Izydorczyk, Gabriella McNeill, and Deja Riley Athletics, LLC Deja Riley Athletics LLC, Gabriella McNeill, Deja Riley Izydorczyk. Motion set for hearing on 9/13/2021 at 01:30 PM before Judge Stephen V. Wilson. (Attorney Jasmin Kaur Gill added to party Deja Riley Athletics LLC(pty:dft), Attorney Jasmin Kaur Gill added to party Gabriella McNeill(pty:dft), Attorney Jasmin Kaur Gill added to party Deja Riley Izydorczyk(pty:dft)) (Gill, Jasmin) |
|
|
Att: 1
Proposed Order
|
||
| Thursday, July 22, 2021 | ||
| 19 | 19
service
Service of Summons and Complaint Returned Executed (21 days)
Thu 07/22 2:23 PM
PROOF OF SERVICE Executed by Plaintiff Simmons Unlimited, LLC, upon Defendant Deja Riley Athletics LLC served on 7/21/2021, answer due 8/11/2021. Service of the Summons and Complaint were executed upon Deja Riley Athletics, LLC in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Matthews, Jordan) |
|
| Tuesday, July 20, 2021 | ||
| 18 | 18
service
Summons Issued
Tue 07/20 9:49 AM
21 DAY Summons Issued re First Amended Complaint16 as to defendant Deja Riley Athletics LLC. (lom) |
|
| Friday, July 16, 2021 | ||
| 17 | 17
notice
Summons Request
Fri 07/16 2:13 PM
Request for Clerk to Issue Summons on Amended Complaint/Petition16 filed by Plaintiff Simmons Unlimited, LLC. (Matthews, Jordan) |
|
| 16 | 16
othcmp
Amended Complaint/Petition
Fri 07/16 2:09 PM
First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening)1 , filed by Plaintiff Simmons Unlimited, LLC(Matthews, Jordan) |
|
|
Att: 1
Exhibit A
|
||
| Wednesday, July 07, 2021 | ||
| 15 | 15
service
Service of Summons and Complaint Returned Executed (21 days)
Wed 07/07 9:39 PM
PROOF OF SERVICE Executed by Plaintiff Simmons Unlimited, LLC, upon Defendant Deja Riley Izydorczyk served on 7/6/2021, answer due 7/27/2021. Service of the Summons and Complaint were executed upon Agent of Defendant Deja Riley in compliance with statute not specified by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Matthews, Jordan) |
|
| Friday, July 02, 2021 | ||
| 14 | 14
service
Service of Summons and Complaint Returned Executed (21 days)
Fri 07/02 2:58 PM
PROOF OF SERVICE Executed by Plaintiff Simmons Unlimited, LLC, upon Defendant Gabriella McNeill served on 7/2/2021, answer due 7/23/2021. Service of the Summons and Complaint were executed upon Gabriella McNeill, Defendant in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Matthews, Jordan) |
|
| Wednesday, April 14, 2021 | ||
| 13 | 13
order
Appear Pro Hac Vice
Wed 04/14 4:16 PM
ORDER by Judge Stephen V. Wilson: granting12 Non-Resident Attorney Brenda J. Schamy APPLICATION to Appear Pro Hac Vice on behalf of plaintiff Simmons Unlimited, LLC, designating Jordan Matthews as local counsel. (mrgo) |
|
| Tuesday, April 13, 2021 | ||
| 12 | 12
motion
Appear Pro Hac Vice (G-64)
Tue 04/13 4:20 PM
APPLICATION of Non-Resident Attorney Brenda J. Schamy to Appear Pro Hac Vice on behalf of Plaintiff Simmons Unlimited, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31107136) filed by Plaintiff Simmons Unlimited, LLC. (Matthews, Jordan) |
|
|
Att: 1
Proposed Order Granting Application
|
||
| 11 | 11
order
Initial Order upon Filing of Complaint - form only
Tue 04/13 3:09 PM
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc) |
|
| Monday, April 12, 2021 | ||
| 10 | 10
attorney
Pro Hac Vice Application Due (G-109) - optional html form
Mon 04/12 2:35 PM
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Brenda Schamy on behalf of Plaintiff. 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. (et) |
|
| 9 | 9
service
Summons Issued (Attorney Civil Case Opening)
Mon 04/12 2:27 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Gabriella McNeill. (et) |
|
| 8 | 8
service
Summons Issued (Attorney Civil Case Opening)
Mon 04/12 2:24 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Deja Riley Izydorczyk. (et) |
|
| 7 | 7
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Mon 04/12 2:15 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
|
| 6 | 6
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Mon 04/12 2:14 PM
NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge John D. Early. (et) |
|
| Friday, April 09, 2021 | ||
| 5 | 5
notice
Certificate/Notice of Interested Parties
Fri 04/09 8:16 PM
NOTICE of Interested Parties filed by Plaintiff Simmons Unlimited, LLC, identifying Imani Simmons, Deja Riley Izydorczyk, Gabriella McNeill. (Matthews, Jordan) |
|
| 4 | 4
notice
Summons Request
Fri 04/09 8:11 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Simmons Unlimited, LLC. (Matthews, Jordan) |
|
| 3 | 3
notice
Summons Request
Fri 04/09 8:09 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Simmons Unlimited, LLC. (Matthews, Jordan) |
|
| 2 | 2
misc
Civil Cover Sheet (CV-71)
Fri 04/09 8:07 PM
CIVIL COVER SHEET filed by Plaintiff Simmons Unlimited, LLC. (Matthews, Jordan) |
|
| 1 | 1
cmp
Complaint (Attorney Civil Case Opening)
Fri 04/09 8:00 PM
COMPLAINT Receipt No: ACACDC-31086866 - Fee: $402, filed by Plaintiff Simmons Unlimited, LLC. (Attorney Jordan Matthews added to party Simmons Unlimited, LLC(pty:pla))(Matthews, Jordan) |
|
|
Att: 1
Exhibit A
|
||