Michael Z. Hermalyn v. DraftKings Inc.
| California Central District Court | |
| Judge: | Mark C Scarsi |
| Referred: | Charles F Eick |
| Case #: | 2:24-cv-00918 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1441 Notice of Removal - Injunctive/Declaratory Relief |
| Case Filed: | Feb 01, 2024 |
| Terminated: | Feb 05, 2024 |
| Case in other court: | Superior Court of California County of Los Angeles, 24STCV02694 |
| Last checked: Tuesday Jul 30, 2024 1:29 AM PDT |
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Defendant
DraftKings Inc.
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Represented By
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Plaintiff
Michael Z Hermalyn
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Represented By
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Plaintiff
FVP LLC
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Represented By
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| Docket last updated: 3 hours ago |
| Monday, April 08, 2024 | ||
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order
Attorney Fees
Mon 04/08 3:01 PM
MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE: MOTIONS FOR FEES (HERMALYN I, ECF No.16 ; HERMALYN II, ECF No. 23). The Court on its own motion remanded these cases for lack of subject-matter jurisdiction but retained jurisdiction to consider motions to recover fees and costs under 28 U.S.C. § 1447(c). The Court deems the motions appropriate for decision without oral argument. The motions are denied. (lc) Modified on 4/8/2024 (lc) |
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| Wednesday, February 28, 2024 | ||
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textonly
Text Only Scheduling Notice
Wed 02/28 4:35 PM
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION (ECF No.16 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to the Motion for Attorney Fees (ECF No.16 ) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on March 11, 2024, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
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| Monday, February 26, 2024 | ||
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respm
Reply (Motion related)
Mon 02/26 6:05 PM
REPLY in Support of NOTICE OF MOTION AND MOTION for Attorney Fees 16 filed by Plaintiffs FVP LLC, Michael Z Hermalyn. (Kristovich, Bethany) |
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| Tuesday, February 20, 2024 | ||
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25
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respm
Memorandum in Opposition to Motion
Tue 02/20 8:50 PM
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Attorney Fees 16 filed by Defendant DraftKings Inc..(Fogelman, James) |
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Att: 1
Declaration of Katherine V.A. Smith In Opposition to Plainitffs' Motion for Attorneys' Fees,
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Att: 2
Exhibit A to Declaration of Katherine V.A. Smith,
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Att: 3
Exhibit B to Declaration of Katherine V.A. Smith
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misc
Receipt
Tue 02/20 3:27 PM
Receipt of Remand by Los Angeles County Superior Court on 2/13/2024. (lc) |
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| Monday, February 12, 2024 | ||
| 16 | 16
motion
Attorney Fees
Mon 02/12 8:55 PM
NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiffs FVP LLC, Michael Z Hermalyn. Motion set for hearing on 3/11/2024 at 09:00 AM before Judge Mark C. Scarsi. (Brian, Brad) |
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Att: 1
Declaration of Brad D. Brian,
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Att: 2
Exhibit Exh. A to Brian Decl.,
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Att: 3
Exhibit Exh. B to Brian Decl.,
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Att: 4
Declaration of David C. Armillei,
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Att: 5
Exhibit Exh. A to Armillei Decl.,
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Att: 6
Exhibit Exh. B to Armillei Decl.,
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Att: 7
Declaration of Bethany W. Kristovich,
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Att: 8
Exhibit Exh. A to Kristovich Decl.,
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Att: 9
Exhibit Exh. B to Kristovich Decl.,
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Att: 10
Exhibit Exh. C to Kristovich Decl.,
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Att: 11
Exhibit Exh. D to Kristovich Decl.,
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Att: 12
Exhibit Exh. E to Kristovich Decl.,
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Att: 13
Exhibit Exh. F to Kristovich Decl.,
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Att: 14
Proposed Order
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| Monday, February 05, 2024 | ||
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misc
Letter of Transmittal - Remand to Superior Court (G-17) - optional html form
Mon 02/05 10:14 AM
TRANSMITTAL of documents to Los Angeles County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles County Superior Court.No.24STCV02694 (lc) |
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order
Shorten Time for Hearing Remand Case to State Court
Mon 02/05 10:10 AM
MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: REMAND ORDER. The Court on its own motion remands the case. The Court lacks jurisdiction over this action and remands it to the Los Angeles County Superior Court, No. 24STCV02694. The Court directs the Clerk to effect the remand immediately and close the case.The Court denies as moot Plaintiffs' ex parte application to shorten time on amotion to remand10 . The Court denies as moot Plaintiffs' motion to remand12 , but retains jurisdiction to consider any post-remand motion by Plaintiffs to recover fees and costs under 28 U.S.C. § 1447(c). The Court sets the following schedule for briefing and argument directed to that issue: Deadline to file motion for fees and costs: February 12, 2024; Deadline to file response to motion: February 20, 2024; Deadline to file reply in support of motion: February 26, 2024; Hearing on motion March 11, 2024, at 9:00 a.m. Alternatively, the parties may elect to resolve the issue by stipulation, whichwould advance the just, speedy, and inexpensive determination of this matter by obviating the need for further expenditure of resources in federal court. Fed. R. Civ. P. 1.(Made JS-6. Case Terminated.) (lc) |
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| Sunday, February 04, 2024 | ||
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2
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notice
Certificate/Notice of Interested Parties
Sun 02/04 3:29 PM
NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, identifying FVP, Inc. and Fanatics Holdings, Inc.. (Brian, Brad) |
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| Friday, February 02, 2024 | ||
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motion
Remand Case to State Court
Fri 02/02 5:27 PM
NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiffs FVP LLC, Michael Z Hermalyn. Motion set for hearing on 3/4/2024 at 09:00 AM before Judge Mark C. Scarsi. (Brian, Brad) |
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Att: 1
2 pgs
Declaration of Gregg Winiarski ISO Plaintiffs' Motion to Remand,
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Att: 2
2 pgs
Proposed Order
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order
Initial Order upon Filing of Complaint - form only
Fri 02/02 4:38 PM
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo) |
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motion
Shorten Time for Hearing
Fri 02/02 3:12 PM
EX PARTE APPLICATION to Shorten Time for Hearing on to February 5, 2024 for Hearing on Plaintiffs' Motion to Remand filed by Plaintiff Michael Z Hermalyn. (Brian, Brad) |
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Att: 1
2 pgs
Declaration of Bethany W. Kristovich,
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Att: 2
3 pgs
Exhibit A to Dec of Bethany W. Kristovich,
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Att: 3
Proposed Order
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attorney
Pro Hac Vice Application Due (G-109) - optional html form
Fri 02/02 11:56 AM
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael B. Carlinsky. 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) |
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notice
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form
Fri 02/02 11:52 AM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
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adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Fri 02/02 11:51 AM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
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notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Fri 02/02 11:51 AM
NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Charles F. Eick. (sh) |
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| Thursday, February 01, 2024 | ||
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service
Proof of Service (subsequent documents)
Thu 02/01 11:55 PM
PROOF OF SERVICE filed by Defendant DraftKings, Inc., Notice of Filing of Removal of Action to the United States District Court for the Central District of California served on February 1, 2024. (Fogelman, James) |
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service
Proof of Service (subsequent documents)
Thu 02/01 11:24 PM
PROOF OF SERVICE filed by Defendant DraftKings, Inc., re Notice of Removal (Attorney Civil Case Opening),,,1 , Certificate/Notice of Interested Parties3 , Civil Cover Sheet (CV-71)2 served on February 1, 2024. (Fogelman, James) |
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notice
Certificate/Notice of Interested Parties
Thu 02/01 11:14 PM
NOTICE of Interested Parties filed by Defendant DraftKings, Inc., identifying None. (Fogelman, James) |
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3
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misc
Civil Cover Sheet (CV-71)
Thu 02/01 11:12 PM
CIVIL COVER SHEET filed by Defendant DraftKings, Inc.. (Fogelman, James) |
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12
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notice
Notice of Removal (Attorney Civil Case Opening)
Thu 02/01 11:07 PM
NOTICE OF REMOVAL from Superior Court of California, County of Los Angeles, case number 24STCV02694 Receipt No: ACACDC-36842320 - Fee: $405, filed by Defendant DraftKings, Inc.. (Attorney James P. Fogelman added to party DraftKings, Inc.(pty:dft))(Fogelman, James) |
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Att: 1
2 pgs
Declaration of Shawn Henley in Support of Defendant's Notice of Removal,
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Att: 2
3 pgs
Declaration of Katherine V.A. Smith in Support of Defendant's Notice of Removal,
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Att: 3
27 pgs
Exhibit A - Complaint,
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Att: 4
Exhibit B - Hermalyn's Ex Parte Application for TRO,
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Att: 5
32 pgs
Exhibit C - Hermalyn's Declaration in Support,
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Att: 6
Exhibit D - Kristovich Declaration in Support,
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Att: 7
7 pgs
Exhibit E - Request for Judicial Notice,
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Att: 8
Exhibit F - Proposed Order re Ex Parte Application
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cmp
Complaint - (Discovery)
Fri 02/02 11:45 AM
CONFORMED EFILED COPY OF COMPLAINT against Defendant DraftKings Inc. Jury Demanded., filed by Plaintiffs Michael Z Hermalyn, FVP LLC. [FILED IN STATE COURT 2/1/2024 SUBMITTED AS ATTACHMENT NO. 3 EXHIBIT A TO THE NOTICE OF REMOVAL1 ] (sh) |
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