California Southern District Court
Judge:Michael M Anello
Referred: Michael S Berg
Case #: 3:22-cv-00593
Nature of Suit370 Torts - Personal Property - Other Fraud
Cause28:1332fr Diversity-Fraud
Case Filed:Apr 27, 2022
Terminated:Apr 15, 2024
Last checked: Tuesday Oct 25, 2022 2:37 AM PDT
Defendant
Cava Group, Inc.
Represented By
Rocky C. Tsai
Ropes & Gray LLP
contact info
Justin Daniel Lewis
Gordon Rees Scully Mansukhani LLP
contact info
Miles D Scully
Gordon And Rees LLP
contact info
Plaintiff
Neil Hamman
Represented By
Lawrence Timothy Fisher
Bursor & Fisher, PA
contact info
Sean L. Litteral
Bursor & Fisher P.A.
contact info
Plaintiff
Michael Stewart
Represented By
Lawrence Timothy Fisher
Bursor & Fisher, PA
contact info
Sean L. Litteral
Bursor & Fisher P.A.
contact info

GPO Jul 28 2022
ORDER Granting Joint Motion to Extend the Time to File a First Amended Complaint [Doc. No. 10]. Plaintiffs must file a first amended complaint on or before 8/18/2022. Defendants must file a response to the first amended complaint on or before 9/19/2022. Plaintiff must file an opposition to any filed motion on or before 10/10/2022. Defendant must file a reply, if any, on or before 10/24/2022. In light of the parties' joint motion, the Court DENIES AS MOOT the pending motion to dismiss, see Doc. No. 6, and VACATES the hearing date and all remaining briefing deadlines. Signed by Judge Michael M. Anello on 7/28/2022. (tcf)
GPO Oct 03 2022
ORDER Granting 16 Motion to Substitute Attorney. Defendant Cava Group, Inc. substitutes as counsel of record M.D. Scully, Esq., of Gordon Rees Scully Mansukhani LLP in place of Rocky C. Tsai, Esq., of Ropes & Gray LLP. Signed by Judge Michael M. Anello on 10/3/2022. (tcf)
GPO Dec 04 2023
ORDER Denying 31 Defendant's Motion to Dismiss Second Amended Complaint. Signed by Judge Michael M. Anello on 12/4/23. (aas)

Docket last updated: 9 hours ago
Monday, April 15, 2024
48 48 1 pgs order Order on Motion to Dismiss Mon 04/15 10:07 AM
ORDER Granting47 Joint Motion to Dismiss. Signed by Judge Michael M. Anello on 4/15/24. (aas)
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Friday, April 12, 2024
47 47 2 pgs motion Dismiss Fri 04/12 3:05 PM
Joint MOTION to Dismiss Stipulation of Dismissal With Prejudice [FRCP 41(a)(1)(A)(ii)] by Neil Hamman, Michael Stewart. (Fisher, Lawrence)
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Tuesday, February 13, 2024
46 46 2 pgs order Order on Motion to Continue Tue 02/13 12:17 PM
ORDER Granting45 Joint Motion to Continue Upcoming ENE and CMC Dates. Joint Discovery Plan due 4/16/2024, Case Management Conference set for 4/23/2024 09:30 AM before Magistrate Judge Michael S. Berg. Early Neutral Evaluation set for 4/23/2024 09:30 AM before Magistrate Judge Michael S. Berg. Pre-ENE Status Conference set for 4/22/2024 10:30 AM before Magistrate Judge Michael S. Berg. Signed by Magistrate Judge Michael S. Berg on 2/13/24. (aas)
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Monday, February 12, 2024
45 45 motion Continue Mon 02/12 7:01 PM
Joint MOTION to Continue Early Neutral Eval. & Case Mgmt. Conf. by Cava Group, Inc.. (Lewis, Justin)
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Wednesday, February 07, 2024
44 44 notice Notice of Appearance Wed 02/07 11:14 AM
NOTICE of Appearance by Jennifer Kathleen Church on behalf of Neil Hamman, Michael Stewart (Church, Jennifer)
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Tuesday, February 06, 2024
43 43 2 pgs order Order re Pro Hac Vice Application Tue 02/06 11:31 AM
ORDER Approving the Pro Hac Vice Application of Jennifer Kathleen Church, re42 Request to Appear Pro Hac Vice. Signed by Judge Michael M. Anello on 2/6/2024.(rmc)
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42 42 notice Request to Appear Pro Hac Vice Tue 02/06 9:12 AM
Request to Appear Pro Hac Vice ( Filing fee received: $ 224 receipt number ACASDC-18560705.) (Application to be reviewed by Clerk.) (Church, Jennifer) (rmc)
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Tuesday, January 30, 2024
41 41 notice Notice of Appearance Tue 01/30 3:18 PM
NOTICE of Appearance by Joshua Wilner on behalf of Neil Hamman, Michael Stewart (Wilner, Joshua)Attorney Joshua Wilner added to party Neil Hamman(pty:pla), Attorney Joshua Wilner added to party Michael Stewart(pty:pla)
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Monday, January 08, 2024
40 40 6 pgs order Order for Early Neutral Evaluation Mon 01/08 4:27 PM
NOTICE AND ORDER for Early Neutral Evaluation Conference Early Neutral Evaluation and Case Management Conference set for 2/27/2024 09:30 AM before Magistrate Judge Michael S. Berg. Pre-ENE Status Conference set for 2/26/2024 02:00 PM before Magistrate Judge Michael S. Berg. Joint Discovery Plan due 2/20/2024. Signed by Magistrate Judge Michael S. Berg on 1/8/2024.(dim)
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39 39 answer Answer to Amended Complaint Mon 01/08 2:04 PM
ANSWER to28 Amended Complaint by Cava Group, Inc..(Lewis, Justin)
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Monday, December 04, 2023
38 38 6 pgs order Order on Motion to Dismiss for Failure to State a Claim Mon 12/04 12:45 PM
ORDER Denying31 Defendant's Motion to Dismiss Second Amended Complaint. Signed by Judge Michael M. Anello on 12/4/23. (aas)
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Monday, July 10, 2023
37 37 minutes ~Util - Terminate Motion and R&R Deadlines/Hearings Minute Order (No Time) ~Util - Terminate Hearings ~Util - Terminate Deadlines and Hearings Mon 07/10 9:22 AM
Minute Order Taking Motion Under Submission : Upon review of Defendant's31 MOTION to Dismiss for Failure to State a Claim, the Court finds this matter suitable for determination on the papers and without oral argument pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7.1.d.1. Accordingly, the hearing scheduled for July 17, 2023 is hereby VACATED, no appearances are required, and the Undersigned shall issue a written ruling on the motion in due course. IT IS SO ORDERED by Judge Michael M. Anello on July 10, 2023. (lkg)
Related: [-]
Friday, June 30, 2023
36 36 10 pgs respm Reply to Response to Motion Fri 06/30 1:54 PM
REPLY to Response to Motion re31 MOTION to Dismiss for Failure to State a Claim filed by Cava Group, Inc.. (Lewis, Justin)
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Tuesday, May 30, 2023
35 35 respm Response in Opposition to Motion Tue 05/30 2:10 PM
RESPONSE in Opposition re31 MOTION to Dismiss for Failure to State a Claim filed by Neil Hamman, Michael Stewart. (Fisher, Lawrence)
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Thursday, April 20, 2023
34 34 1 pgs order Order on Motion for Extension of Time to File Response/Reply Thu 04/20 9:55 AM
ORDER Granting Joint Motion to Extend Briefing Schedule - re33 Joint MOTION for Extension of Time to File Response/Reply and Extend Briefing Schedule on Motion to Dismiss Responses due by 5/30/2023 Replies due by 6/30/2023. Motion Hearing set for 7/17/2023 02:30 PM in Courtroom 3C before Judge Michael M. Anello. Signed by Judge Michael M. Anello on 4/20/23. (aas)
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Wednesday, April 19, 2023
33 33 motion Extension of Time to File Response/Reply Wed 04/19 4:49 PM
Joint MOTION for Extension of Time to File Response/Reply and Extend Briefing Schedule on Motion to Dismiss by Neil Hamman, Michael Stewart. (Fisher, Lawrence)
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Friday, April 14, 2023
32 32 order Notice and Order of Document Discrepancies Fri 04/14 4:13 PM
Notice of Document Discrepancies and Order Thereon by Judge Michael M. Anello Accepting re31 MOTION to Dismiss for Failure to State a Claim , from Defendant Cava Group, Inc.. Non-compliance with local rule(s), Needed hearing date. See Civ. Chambers Rules § III.. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge Michael M. Anello on 4/14/23.(aas)
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31 31 motion Dismiss for Failure to State a Claim Fri 04/14 2:47 PM
MOTION to Dismiss for Failure to State a Claim by Cava Group, Inc..(Lewis, Justin) Per Chambers, For purposes of briefing schedule, a hearing is set before the Honorable Michael M. Anello for June 5, 2023 at 2:30 PM in Courtroom C. (text modified on 4/14/23 to add corrections per chambers) (aas)
Related: [-]
Att: 1 Memo of Points and Authorities
Wednesday, March 08, 2023
30 30 notice Notice (Other) Wed 03/08 5:50 PM
NOTICE of Withdrawal of Attorney Sean L. Litteral by Neil Hamman, Michael Stewart (Fisher, Lawrence)
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Thursday, March 02, 2023
29 29 1 pgs order Order on Motion for Extension of Time to Answer Thu 03/02 9:29 AM
ORDER Granting in Part27 Joint Motion to Extend Time to Respond to Second Amended Complaint re27 Joint MOTION for Extension of Time to File Answer or Responsive Motion, and to Set Briefing Schedule .Responses due by 4/14/2023. Signed by Judge Michael M. Anello on 3/2/2023. (ave)
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Wednesday, March 01, 2023
28 28 48 pgs cmp Amended Complaint Wed 03/01 5:42 PM
AMENDED COMPLAINT with Jury Demand Second Amended Class Action Complaint against Cava Group, Inc., filed by Michael Stewart, Neil Hamman. (Fisher, Lawrence)
Related: [-]
Att: 1 Exhibit A - Redlined Complaint
Tuesday, February 28, 2023
27 27 motion Extension of Time to File Answer Tue 02/28 4:23 PM
Joint MOTION for Extension of Time to File Answer or Responsive Motion, and to Set Briefing Schedule by Cava Group, Inc.. (Lewis, Justin)
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Wednesday, February 08, 2023
26 26 20 pgs order Order on Motion to Dismiss/Lack of Jurisdiction Wed 02/08 12:50 PM
ORDER Granting in Part and Denying in Part18 Defendant's Motion to Dismiss. Signed by Judge Michael M. Anello on 2/8/2023. (ave)
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Monday, January 09, 2023
25 25 notice Objection Mon 01/09 12:27 PM
OBJECTION by Cava Group, Inc. re23 Response - Other Objection to Plaintiffs' Unsolicited Supplemental Briefing on Mtn. to Dismiss; Proposed Response . (Lewis, Justin)
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Thursday, January 05, 2023
24 24 notice Notice (Other) Thu 01/05 11:25 AM
NOTICE of Additional Authority by Neil Hamman, Michael Stewart re19 Response in Opposition to Motion (Litteral, Sean) (ave)
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Wednesday, January 04, 2023
23 23 respm Response - Other Wed 01/04 1:12 PM
RESPONSE re22 Notice (Other) Plaintiffs' Response to Defendant's Notice of Additional Authority filed by Neil Hamman, Michael Stewart. (Litteral, Sean)
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Thursday, December 15, 2022
22 22 notice Notice (Other) Thu 12/15 2:51 PM
NOTICE of Additional Authority by Cava Group, Inc. re18 MOTION to Dismiss for Lack of Jurisdiction & Failure to State a Claim (Lewis, Justin)
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Tuesday, November 08, 2022
order Minute Order (No Time) Tue 11/08 9:20 AM
Minute Order Taking Motion Under Submission : Upon review of Defendant's18 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, the Court finds this matter suitable for determination on the papers and without oral argument pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7.1.d.1. Accordingly, no appearances are required, and the Undersigned shall issue a written ruling on the motion in due course. IT IS SO ORDERED by Judge Michael M. Anello on November 8, 2022. (lkg)
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Monday, November 07, 2022
20 20 respm Reply to Response to Motion Mon 11/07 8:39 PM
REPLY to Response to Motion re18 MOTION to Dismiss for Lack of Jurisdiction & Failure to State a Claim filed by Cava Group, Inc..(Lewis, Justin)
Related: [-]
Att: 1 Request for Judicial Notice,
Att: 2 Exhibit A - Dismissal Order in PFAS Case
Monday, October 24, 2022
19 19 respm Response in Opposition to Motion Mon 10/24 5:44 PM
RESPONSE in Opposition re18 MOTION to Dismiss for Lack of Jurisdiction & Failure to State a Claim filed by Neil Hamman, Michael Stewart. (Litteral, Sean)
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Monday, October 03, 2022
18 18 motion Dismiss/Lack of Jurisdiction Mon 10/03 10:23 PM
MOTION to Dismiss for Lack of Jurisdiction & Failure to State a Claim by Cava Group, Inc..(Lewis, Justin)
Related: [-]
Att: 1 Memo of Points and Authorities,
Att: 2 Request for Judicial Notice,
Att: 3 Exhibit 1,
Att: 4 Exhibit 2,
Att: 5 Exhibit 3,
Att: 6 Exhibit 4,
Att: 7 Exhibit 5,
Att: 8 Exhibit 6,
Att: 9 Exhibit 7,
Att: 10 Exhibit 8,
Att: 11 Exhibit 9,
Att: 12 Exhibit 10,
Att: 13 Exhibit 11
17 17 1 pgs order Order on Motion to Substitute Attorney Mon 10/03 9:42 AM
ORDER Granting16 Motion to Substitute Attorney. Defendant Cava Group, Inc. substitutes as counsel of record M.D. Scully, Esq., of Gordon Rees Scully Mansukhani LLP in place of Rocky C. Tsai, Esq., of Ropes & Gray LLP. Signed by Judge Michael M. Anello on 10/3/2022. (tcf)
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Friday, September 30, 2022
16 16 motion Substitute Attorney Fri 09/30 3:32 PM
MOTION to Substitute Attorney (Proposed) Consent Order Granting Substitution of Attorney by Cava Group, Inc.. (Scully, Miles)
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Monday, September 12, 2022
15 15 1 pgs order Order on Motion for Extension of Time to Answer Mon 09/12 11:03 AM
ORDER Granting14 Joint Motion to Extend Time to Respond to First Amended Complaint and Adjusting Briefing Schedule. Defendant must respond to the First Amended Complaint on or before 10/3/2022. Should Defendant file a motion to dismiss, Plaintiffs' opposition is due on or before 10/24/2022. Defendant may then file its reply on or before 11/7/2022. Signed by Judge Michael M. Anello on 9/12/2022. (tcf)
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14 14 motion Extension of Time to File Answer Mon 09/12 10:21 AM
Joint MOTION for Extension of Time to File Response to First Amended Compl. & Briefing Schedule by Cava Group, Inc. (Lewis, Justin)Attorney Justin Daniel Lewis added to party Cava Group, Inc.(pty:dft) (tcf)
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Saturday, September 10, 2022
13 13 notice Notice of Appearance Sat 09/10 7:07 PM
NOTICE of Appearance by Justin Daniel Lewis on behalf of Cava Group, Inc. (Lewis, Justin)
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Thursday, August 18, 2022
12 12 cmp Amended Complaint Thu 08/18 1:59 PM
AMENDED COMPLAINT with Jury Demand First Amended Class Action Complaint against Cava Group, Inc., filed by Michael Stewart, Neil Hamman. (Fisher, Lawrence) (tcf)
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Thursday, July 28, 2022
11 11 2 pgs order Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Extension of Time to File Thu 07/28 3:28 PM
ORDER Granting Joint Motion to Extend the Time to File a First Amended Complaint [Doc. No.10 ]. Plaintiffs must file a first amended complaint on or before 8/18/2022. Defendants must file a response to the first amended complaint on or before 9/19/2022. Plaintiff must file an opposition to any filed motion on or before 10/10/2022. Defendant must file a reply, if any, on or before 10/24/2022. In light of the parties' joint motion, the Court DENIES AS MOOT the pending motion to dismiss, see Doc. No.6 , and VACATES the hearing date and all remaining briefing deadlines. Signed by Judge Michael M. Anello on 7/28/2022. (tcf)
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Wednesday, July 27, 2022
10 10 motion Extension of Time to File Wed 07/27 5:11 PM
Joint MOTION for Extension of Time to File First Amended Complaint and Set Briefing Schedule by Neil Hamman, Michael Stewart. (Fisher, Lawrence)
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Thursday, July 14, 2022
9 9 service Certificate of Service Thu 07/14 4:01 PM
CERTIFICATE OF SERVICE by Cava Group, Inc. re6 MOTION to Dismiss for Failure to State a Claim and for Lack of Standing ,7 Corporate Disclosure Statement,8 Notice of Party With Financial Interest (Tsai, Rocky)(ddf)
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8 8 notice Notice of Party With Financial Interest Thu 07/14 3:59 PM
NOTICE of Party With Financial Interest by Cava Group, Inc. . No Parties With Financial Interest. (Tsai, Rocky) (ddf)
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7 7 misc Corporate Disclosure Statement Thu 07/14 3:52 PM
Corporate Disclosure Statement by Cava Group, Inc.. No Corporate Parents/Interested Parties. (Tsai, Rocky) (ddf)
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6 6 motion Dismiss for Failure to State a Claim Thu 07/14 3:49 PM
MOTION to Dismiss for Failure to State a Claim and for Lack of Standing by Cava Group, Inc..(Tsai, Rocky) (ddf)
Related: [-]
Att: 1 Memo of Points and Authorities,
Att: 2 Request for Judicial Notice in Support of Motion to Dismiss,
Att: 3 Declaration of Rocky C. Tsai in Support of Request for Judicial Notice in Support of Motion to Dismiss,
Att: 4 Exhibit 1 to Tsai Declaration,
Att: 5 Exhibit 2 to Tsai Declaration,
Att: 6 Exhibit 3 to Tsai Declaration,
Att: 7 Exhibit 4 to Tsai Declaration,
Att: 8 Exhibit 5 to Tsai Declaration,
Att: 9 Exhibit 6 to Tsai Declaration
Thursday, June 02, 2022
5 5 1 pgs order Order on Motion for Extension of Time to Answer Thu 06/02 12:32 PM
ORDER Granting4 Joint Motion to Extend Time to Respond to Complaint. Defendant must respond to the Complaint on or before 7/14/2022. Signed by Judge Michael M. Anello on 6/2/2022. (tcf)
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Wednesday, June 01, 2022
4 4 motion Extension of Time to File Answer Wed 06/01 10:19 AM
Joint MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Cava Group, Inc.(Tsai, Rocky)Attorney Rocky C. Tsai added to party Cava Group, Inc.(pty:dft) QC mailer sent re: proposed order attached (tcf)
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Att: 1 Proposed Order
Thursday, May 26, 2022
3 3 service Summons Returned Executed Thu 05/26 2:08 PM
SUMMONS Returned Executed by Michael Stewart, Neil Hamman. Cava Group, Inc. served. (Fisher, Lawrence)
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Thursday, April 28, 2022
2 2 service Summons Issued Thu 04/28 9:11 AM
Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jrd)
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Wednesday, April 27, 2022
1 1 45 pgs cmp Complaint Thu 04/28 9:10 AM
COMPLAINT With Jury Demand Against Cava Group, Inc. (Filing fee $402.00 receipt number ACASDC-16776385.), filed by Michael Stewart, Neil Hamman. The new case number is 3:22-cv-593-MMA-MSB. Judge Michael M. Anello and Magistrate Judge Michael S. Berg are assigned to the case. (Fisher, Lawrence)(jrd)
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Att: 1 Civil Cover Sheet