Eugene Oak v. Michael C. Winter et al

California Central District Court
Judge:Otis D Wright, II
Referred: Margo A Rocconi
Case #: 2:21-cv-08061
Nature of Suit290 Real Property - All Other Real Property
Cause28:1331 Fed. Question
Case Filed:Oct 08, 2021
Terminated:Nov 01, 2021
Last checked: Wednesday Apr 06, 2022 1:36 AM PDT
Defendant
Bixby Bridge Capital, LLC
Defendant
Bixby Bridge Fund, I, LLC
Defendant
Daniel Bromson
Defendant
Bronson and Kahn, LLC
Defendant
DOES
Defendant
Federal Streets Holdings, LLC
Defendant
Haralan Kahn
Defendant
David Rotenberg
Defendant
Michael C. Winter
Plaintiff
Eugene Oak
17777 Center Court Drive, Suite 600
Cerritos, CA 90703


Docket last updated: 04/28/2025 11:59 PM PDT
Friday, November 17, 2023
38 38 appeal USCA Memorandum/Opinion/Order Tue 11/21 12:38 PM
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals31 filed by Eugene Oak. CCA # 22-55773 Appellant's requests for reconsideration of the November 10, 2022 Appellate Commissioner order and to reopen this closed appeal (Docket Entry No.26) are denied. This appeal No. 22-55773 remains closed. No further filings will be entertained in this closed case. [See Order for further information.] (car)
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Thursday, November 10, 2022
37 37 appeal USCA Memorandum/Opinion/Order Mon 11/14 4:20 PM
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals20 filed by Eugene Oak, Notice of Appeal to 9th Circuit Court of Appeals31 filed by Eugene Oak. CCA # 22-55773 On August 18, 2022, this appeal was dismissed as duplicative of appellants prior appeal No. 21-56296 To the extent appellant's motion for relief received on August 25, 2022 seeks reconsideration of the August 18, 2022 order dismissing this appeal as duplicative, the motion for reconsideration is denied. All other pending motions are also denied. To the extent appellant's filings in this docket No. 22-55773 seek relief related to pending Central District of California case No. 2:22-cv-00517-MEMFPD, the court does not entertain the filings. This appeal No. 22-55773 remains closed.(mat)
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Friday, October 14, 2022
appeal Appeal Fees Paid Fri 10/14 4:14 PM
APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals31 as to Plaintiff Eugene Oak; Receipt Number: LA245244 in the amount of $505. (Zari, Megan)
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Thursday, September 22, 2022
36 36 appeal USCA Mandate Thu 09/22 1:57 PM
MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals20 , CCA # 21-56296 The judgment of this Court, entered May 24, 2022, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Order,30 DISMISSED.](mat)
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Wednesday, September 14, 2022
35 35 appeal USCA Memorandum/Opinion/Order Thu 09/15 11:05 AM
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals20 filed by Eugene Oak. CCA # 21-56296 Appellants motions for reconsideration of the May 24, 2022 order are denied.The requests for judicial notice are denied. No further filings will be entertained in this closed case. (lc)
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Thursday, August 18, 2022
34 34 appeal USCA Memorandum/Opinion/Order Fri 08/19 12:57 PM
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals31 filed by Eugene Oak. CCA # 22-55773 Appeal No. 22-55773 is dismissed as duplicative of closed appeal No. 21-56296 This order served on the district court shall act as and for the mandate of this court for appeal No. 22-55773 (car)
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Tuesday, August 16, 2022
33 33 appeal USCA Notification of Case Number Wed 08/17 12:46 PM
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 22-55773 assigned to Notice of Appeal to 9th Circuit Court of Appeals31 as to Plaintiff Eugene Oak. (car)
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Monday, August 15, 2022
32 32 appeal Filing Fee Letter (A-15CV) Mon 08/15 3:33 PM
FILING FEE LETTER issued as to Plaintiff Eugene Oak, re Notice of Appeal to 9th Circuit Court of Appeals31 (car)
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Friday, August 12, 2022
31 31 appeal Appeal to 9th Circuit Court of Appeals Mon 08/15 3:18 PM
NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Eugene Oak. Appeal of Minutes of In Chambers Order/Directive,8 Filed On: 11/01/2021; Entered On: 11/02/2021; Filing fee $ 505 Billed. (car)
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Tuesday, May 24, 2022
30 30 appeal USCA Memorandum/Opinion/Order Wed 05/25 10:23 AM
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals20 filed by Eugene Oak. CCA # 21-56296 Upon a review of the record and the response to the court's January 3, 2022 order, we conclude this appeal is frivolous. We therefore deny appellants motion to proceed in forma pauperis (Docket Entry Nos. 4, 10), see 28 U.S.C. 1915(a),and dismiss this appeal as frivolous, pursuant to 28 U.S.C. 1915(e)(2) (court shall dismiss case at any time, if court determines it is frivolous or malicious). DISMISSED. (lc) Modified on 5/25/2022 (lc)
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Thursday, December 09, 2021
28 28 order For Order Reopen Case Reassign Case Thu 12/09 4:52 PM
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: On November 1, 2021, the Court dismissed this action for lack of subject matter jurisdiction. (ECF No. 8.) Since then, Plaintiff has submitted countless improper filings, (see e.g., ECF Nos. 9, 13, 15.), which have all been denied, refused for filing, or otherwise rejected, (see e.g., ECF Nos. 10-12, 14). On seven (7) separate occasions, the Court has instructed Plaintiff to stop submitting improper filings to this closed case. On November 19, 2021, the Court warned that any further improper filings would result in an order to show cause why sanctions should not be imposed. (ECF No. 16.) Plaintiff continued to submit improper filings, resulting in the Courts issuance of the November 29, 2021 order to show cause why sanctions should not be imposed for the continuous improper filings (Sanctions OSC). (ECF No. 19.) In response to the Sanctions OSC, Plaintiff filed three additional improper motions: (1) a motion for investigation of the FDC mail system and for mail fraud, (ECF No. 23); (2) a motion asking the Court for clarification, to reopen this action, and to transfer this action; (ECF No. 24), and (3) a motion titled as Statement To Show Cause As To Why Monetary Sanction [sic] Should Not Be Imposed, which merely reasserts the various indecipherable mail fraud allegations against this Court, (ECF No. 27). None of these motions show cause as to whymonetary sanctions should not be imposed as a result of Plaintiffs continued violation of this Courts orders. Therefore, the Court hereby imposes the SANCTION of $300. Plaintiff shall submit payment to the Clerk of the Court and file proof of such payment with the Court within two weeks of the date of this order. Additionally, these motionslike all of the previous improper motions and filingsdo not comply with the Federal Rules of Civil Procedure and the Local Rules, and therefore further violate this Courts orders. Accordingly, all three motions23 ,24 ,27 are hereby STRICKEN. Any further improper filings will be rendered additional violations of this Courts orders and will result in further sanctions. (lc)
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Wednesday, December 08, 2021
29 29 appeal USCA Memorandum/Opinion/Order Fri 12/10 9:08 AM
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals20 filed by Eugene Oak. CCA # 21-56296 A review of this court's docket reflects that the filing and docketing fees forthis appeal remain due. Within 21 days after the date of this order, appellant shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. The filing of a motion to proceed in forma pauperis will automatically stay the briefing schedule under Ninth Circuit Rule 27-11. If appellant fails to comply with this order, this appeal may be dismissed by the Clerk for failure to prosecute. (lc)
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27 27 motion Reopen Case Thu 12/09 10:32 AM
(STRICKEN PER 12/9/2021 MINUTES DOCKET NO. 28). STATEMENT OF SHOW CAUSE AS TO WHY MONETARY SANCTION SHOULD NOT BE IMPOSED FOR VIOLATION OF THIS COURTS ORDERS; MOVES THIS COURT TO ISSUE ORDER REINSTATING THE ABOVE ENTITLED CASE filed by plaintiff Eugene Oak. (lc) Modified on 12/9/2021 (lc)
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26 26 appeal Filing Fee Letter (A-15CV) Wed 12/08 11:04 AM
FILING FEE LETTER issued as to plaintiff Eugene Oak, re Notice of Appeal to 9th Circuit Court of Appeals,25 . (mat)
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Wednesday, December 01, 2021
24 24 7 pgs motion Order Reopen Case Reassign Case Fri 12/03 11:11 AM
1. MOTION FOR CLARIFICATION -II (Plaintiff Eugene Oak Received Two Wrong MailPackages from Central District Package); 2. MOTION TO REOPEN this case to Hon. Judge Otis D. Wright II's Court. 3. MOTION TO TRANSFER THIS CASE to Transfer this case to Hon. Judge Virginia Phillip's Court, Urgently. 4. Federal District Court Case is Extremely Urgent filed by plaintiff Eugene Oak. (lc)
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23 23 30+ pgs motion Order Fri 12/03 11:06 AM
NOTICE OF MOTION AND MOTION for Order for MOTION FOR INVESTIGATION OF FDC - MAIL FRAUD OF THE COURT CASE : (1). Request for Investigation of FDC Mail System; (2). Request for Investigation of possible Clear and Convincing Evidence of Bribery (CCEB) of Mail System; (3). Request for Change of Judge, if deemed advisable filed by plaintiff Eugene Oak. (lc)
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Tuesday, November 30, 2021
25 25 appeal Appeal to 9th Circuit Court of Appeals Wed 12/08 10:58 AM
NOTICE OF APPEAL to the 9th CCA filed by plaintiff Eugene Oak. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,, Terminate Deadlines and Hearings, Terminated Case,8 Filed On: 11/1/21; Entered On: 11/2/21; Filing fee $ 505. Billed (mat)
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22 22 appeal USCA Notification of Case Number Wed 12/01 1:58 PM
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-56296 assigned to Notice of Appeal to 9th Circuit Court of Appeals20 as to plaintiff Eugene Oak. (lc)
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21 21 appeal Filing Fee Letter (A-15CV) Tue 11/30 11:53 AM
FILING FEE LETTER issued as to plaintiff Eugene Oak, re Notice of Appeal to 9th Circuit Court of Appeals20 . (mat)
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Monday, November 29, 2021
19 19 order For Order Reopen Case Leave Mon 11/29 9:13 AM
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: On November 1, 2021, the Court dismissed this action for lack of subject matter jurisdiction Since then, Plaintiff has submitted countless improper filings, (see e.g., ECF Nos. 9, 13, 15.), which have all been denied, refused for filing, or otherwise rejected, (see e.g., ECF Nos. 10-12, 14). The Court has repeatedly instructed Plaintiff to refrain from submitting inappropriate documents and in its most recent order, on November 19, 2021, the Court warned that "any further violations of the Court's Orders to make no further filings in this closed case will result in an Order to Show Cause as to why monetary sanctions should not be imposed for violation of this Court's Orders."16 . On November 24, 2021, Plaintiff again submitted documents to the Court, in violation of the Court's order. Accordingly, Plaintiffs most recent improper filings17 ,18 , are STRICKEN for failure to comply with the Federal Rules of Civil Procedure, the Local Rules, and this Court's previous orders. Additionally, Plaintiff is ORDERED to SHOW CAUSE, in writing, as to why monetary sanctions should not be imposed. Plaintiff shall submit his response to this order no later than December 8, 2021. (lc)
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Sunday, November 28, 2021
20 20 appeal Appeal to 9th Circuit Court of Appeals Tue 11/30 11:48 AM
NOTICE OF APPEAL to the 9th CCA filed by plaintiff Eugene Oak. Filing fee $ 505.Billed (mat)
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Tuesday, November 23, 2021
18 18 30+ pgs motion Order Reopen Case Leave Wed 11/24 1:00 PM
MOTION FOR CLARIFICATION; MOTION TO REOPEN; MOTION TO TRANSFER THIS CASE TO JUDGE VIGINA PHILLIP'S COURT, URGENTLY filed by plaintiff Eugene Oak. (lc)
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17 17 7 pgs motion Order Reopen Case Leave Wed 11/24 12:57 PM
MOTION FOR CLARIFICATION; MOTION TO REOPEN; MOTION TO TRANSFER THIS CASE TO JUDGE VIGINA PHILLIP'S COURT, URGENTLY filed by plaintiff Eugene Oak. (lc)
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Friday, November 19, 2021
16 16 order Recusal Fri 11/19 5:12 PM
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: This case was dismissed and closed on 11-1-21 due to lack of subject matter jurisdiction. On five separate occasions plaintiff was advised to submit no further filings in this closed case. He has ignored those orders and has continued to make further improper, convoluted, non-intelligible filings, including at one point an answer to his own complaint. On four separate occasions in this month alone the Court has repeatedly admonished Plaintiff to desist in further improper filings in this closed case, to no avail. Plaintiff is now placed on notice that any further violations of the Court's Orders to make no further filings in this closed case will result in an Order to Show Cause as to why monetary sanctionsshould not be imposed for violation of this Court's Orders. Motion15 is DENIED. (lc)
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Wednesday, November 17, 2021
15 15 motion Recusal Thu 11/18 12:30 PM
MOTION FOR INVESTIGATION OF FDC-"MAIL FRAUD " OF THER COURT CASE: 2:21-CV-0861-ODW -MARx.(1). Request for Investigation of FDC Mail System; (2). Request for Investigation of possible Clear and Convincing Evidence of Bribery (CCEB) of Mail System; (3). Request for Change of Judge, if deemed advisable filed by plaintiff Eugene Oak. (lc)
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14 14 order Reopen Case Wed 11/17 3:44 PM
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER REJECTING DOCUMENTS. On November 1, 2021, the Court dismissed this case for lack of subject matterjurisdiction. (Order, ECF No. 8.) To date, Plaintiff has submitted to the Court numerous improper filings, which were all refused for filing, stricken, or otherwise rejected. The Court has repeatedly advised Plaintiff to refrain from submitting further improper documents and to seek advice from the Pro Se Clinic. (See e.g., ECF Nos. 11, 12.) Nevertheless, on November 16, 2021, Plaintiff filed what appears to be titled as a motion to reinstate the proceedings, asserting what appear to be various causes of action. (Motion to Reinstate ECF No. 13.). The Motion should have been stricken for a failure to comply with the Federal Rules of Civil Procedure and the Local Rules. However, the Court filed the Motion to take this opportunity to address Plaintiffs requests. The Court DENIES the Motion, for both its substance and form (SEE DOCUMENT FOR SPECIFICS)13 . Plaintiff is once again advised that the Federal Pro Se Clinic offers free information and guidance to individuals who are representing themselves in federal civil actions. (lc)
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Tuesday, November 16, 2021
13 13 motion Reopen Case Wed 11/17 10:48 AM
MOTION TO REINSTATE FEDERAL DISTRICT COURT CASE: 2:21-CV-08061-ODW-MARx filed by plaintiff Eugene Oak. (lc) Modified on 11/17/2021 (lc)
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Friday, November 12, 2021
12 12 order Minutes of In Chambers Order/Directive - no proceeding held Fri 11/12 11:37 AM
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff has again attempted to improperly file documents to this action that was closed on November 1, 20218 . Since the case was closed, Plaintiff has made numerous attempts to file improper documents, which the Court refused to file11 . The Court has made clear that it will continue to refuse to file improper documents and that Plaintiff should seek assistance from the Pro Se Clinic before making further attempts. (Id.) Plaintiff's latest submissionwhat appears to be an answer to his own complaint (attached)again will not be filed. Plaintiff is again advised for the LAST TIMEto seek assistance from the Pro Se Clinic or an attorney before submitting any additional documents. (lc)
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Friday, November 05, 2021
11 11 order Minutes of In Chambers Order/Directive - no proceeding held Fri 11/05 1:28 PM
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER REJECTING DOCUMENTS. The Court is in receipt of the various documents Plaintiff attempted to file on November 3rd and 4th, 2021. The documentswhich include what appears to be a complaint-proof of services, a statement of damages, two applications for entry of default, and a motion to modify a hearing dateare all improper as this action was dismissed on November 1, 2021. (Order, ECF No. 8.) Accordingly, the Court rejects the documents and they will not be filed or be part of the record. (See document re attached plaintiff's documents ) (lc)
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Wednesday, November 03, 2021
10 10 notice Deficiency - Default /Default Judgment (CV-52b) - optional html form Wed 11/03 3:49 PM
NOTICE OF DEFICIENCY Re: APPLICATION for Clerk to Enter Default against ALL DEFENDANTS( Bixby Bridge Capital, LLC, Bixby Bridge Fund, I, LLC, Daniel Bromson, Bronson and Kahn, LLC,, Federal Streets Holdings, LLC, Haralan Kahn, David Rotenberg, Michael C. Winter)9 . The Clerk cannot enter the requested relief as: Case terminated on 11/1/21. Proof of Service is lacking required information. No proof of service on file. Filer included email address of listed defendants. No Documentation for acceptance of service by email by defendants on file. Nevertheless, Request for default cannot be processed since Court issued ORDER OF DISMISSAL OF CASE for lack of subject matter jurisdiction, docket no. 8. (lc)
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Tuesday, November 02, 2021
9 9 motion Clerk to Enter Default Wed 11/03 3:40 PM
APPLICATION for Clerk to Enter Default against ALL DEFENDANTS filed by plaintiff Eugene Oak. (lc)
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Monday, November 01, 2021
8 8 order Minutes of In Chambers Order/Directive - no proceeding held ~Util - Terminate Deadlines and Hearings ~Util - Terminate Civil Case Tue 11/02 9:40 AM
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On October 14, 2021, the Court issued an Order to Show Cause why this action should not be dismissed for lack of subject matter jurisdiction by October 28,20217 . To date, Plaintiff has not filed a response to the OSC. Accordingly, this action is dismissed for lack of subject matter jurisdiction. All dates and deadlines shall be vacated. The Clerk of the Court shall close this case. (Made JS-6. Case Terminated.) (lc)
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Thursday, October 14, 2021
7 7 order Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Deadlines/Hearings Fri 10/15 1:11 PM
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff is ORDERED to SHOW CAUSE, in writing only, by October 28, 2021, why this action should not be dismissed for lack of subject matter jurisdiction. Failure to timely respond to this order will be construed as a concession that the Court lacks diversity jurisdiction and shall result in dismissal of the case without prejudice, without further warning. (SEE DOCUMENT FOR SPECIFICS). (lc)
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6 6 14 pgs order Order Thu 10/14 12:33 PM
SELF-REPRESENTATION ORDER by Judge Otis D. Wright, II. (lc)
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5 5 order Minutes of In Chambers Order/Directive - no proceeding held Thu 10/14 12:29 PM
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. The Court's Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the United States District Court for the Central District of California to submit documents electronically to the Clerk's Office The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to Court's Website and Judge's procedures for information as applicable. (lc)
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Wednesday, October 13, 2021
4 4 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Wed 10/13 11:59 AM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
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3 3 notice Notice of Assignment to United States Judges (CV-18) - optional html form Wed 10/13 11:58 AM
NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Margo A. Rocconi. (jtil)
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Friday, October 08, 2021
2 2 notice Certificate/Notice of Interested Parties Wed 10/13 11:53 AM
CERTIFICATE of Interested Parties filed by Plaintiff Eugene Oak. (jtil)
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1 1 cmp Complaint - (Discovery) Wed 10/13 11:48 AM
COMPLAINT filed by Plaintiff Eugene Oak against Defendants Bixby Bridge Capital, LLC, Bixby Bridge Fund, I, LLC, Daniel Bromson, Bronson and Kahn, LLC, Federal Streets Holdings, LLC, Haralan Kahn, David Rotenberg, Michael C. Winter. Case assigned to Judge Otis D. Wright, II for all further proceedings. Discovery referred to Magistrate Judge Margo A. Rocconi. (Filing fee $ 402) Jury Demand. #14 CV71) (jtil)
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Att: 1 CV71,
Att: 2 Summons Request 1,
Att: 3 Summons Request 2,
Att: 4 Summons Request 3,
Att: 5 Summons Request 4,
Att: 6 Summons Request 5,
Att: 7 Summons Request 6,
Att: 8 Summons Request 7,
Att: 9 Summons Request 8,
Att: 10 Summons Request 9,
Att: 11 Summons Request 10,
Att: 12 Summons Request 11,
Att: 13 Summons Request 12