Santich v. Blackmer et al
| California Southern District Court | |
| Judge: | Dana M Sabraw |
| Referred: | Ruben B Brooks |
| Case #: | 3:17-cv-00540 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332fr Diversity-Fraud |
| Case Filed: | Mar 17, 2017 |
| Terminated: | Nov 21, 2017 |
| Last checked: Wednesday Sep 13, 2017 2:19 AM PDT |
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Defendant
GNC Holdings, Inc.
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Represented By
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Movant
Doug Cook
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Represented By
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Movant
Matthew Dovner
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Represented By
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Movant
Jody Eberhart
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Represented By
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Movant
Cory Mayfield
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Represented By
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Movant
Barbara Swilley
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Represented By
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Plaintiff
Keith Blackmer
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Represented By
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Plaintiff
Melissa Santich
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Represented By
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GPO
Nov 21 2017
ORDER Granting 21 Defendant's Motion to Dismiss Plaintiffs' Amended Complaint. The Court grants Defendant's motion to dismiss and dismisses this case without prejudice. Signed by Judge Dana M. Sabraw on 11/21/2017. (aef) |
| Docket last updated: 04/18/2024 11:59 PM PDT |
| Tuesday, November 21, 2017 | ||
| 26 | 26
order
Judgment - Clerk
Tue 11/21 11:11 AM
CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED the Court grants Defendant's motion to dismiss and dismisses this case without prejudice.(aef) |
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| 25 | 25
5
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Tue 11/21 11:04 AM
ORDER Granting21 Defendant's Motion to Dismiss Plaintiffs' Amended Complaint. The Court grants Defendant's motion to dismiss and dismisses this case without prejudice. Signed by Judge Dana M. Sabraw on 11/21/2017. (aef) |
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| Friday, November 17, 2017 | ||
| 24 | 24
minutes
Motion Hearing
Fri 11/17 2:41 PM
Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 11/17/2017 re21 MOTION to Dismiss for Failure to State a Claim filed by GNC Holdings, Inc. Court to issue order. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney James Shah, telephonically). (Defendant Attorney Sean M Sullivan). (no document attached) (jak) |
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| Thursday, November 09, 2017 | ||
| 23 | 23
respm
Response in Support of Motion
Thu 11/09 4:21 PM
RESPONSE in Support re21 MOTION to Dismiss for Failure to State a Claim filed by GNC Holdings, Inc.. (Sullivan, Sean) |
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| Friday, November 03, 2017 | ||
| 22 | 22
respm
Response in Opposition to Motion
Fri 11/03 3:02 PM
RESPONSE in Opposition re21 MOTION to Dismiss for Failure to State a Claim filed by Keith Blackmer, Melissa Santich.(Sekino, Chiharu) |
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Att: 1
Declaration of Chiharu G. Sekino in Support of Plaintiff's Memorandum of Law in Opposition to Motion to Dismiss,
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Att: 2
Exhibit A to Declaration of Chiharu G. Sekino
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| Monday, October 02, 2017 | ||
| 21 | 21
motion
Dismiss for Failure to State a Claim
Mon 10/02 6:47 PM
MOTION to Dismiss for Failure to State a Claim by GNC Holdings, Inc..(Bugaighis, Zana) |
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Att: 1
Memo of Points and Authorities,
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Att: 2
Declaration of Zana Bugaighis
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| Monday, September 18, 2017 | ||
| 20 | 20
cmp
Amended Complaint
Mon 09/18 2:12 PM
AMENDED COMPLAINT with Jury Demand against GNC Holdings, Inc., filed by Melissa Santich, Keith Blackmer. (Sekino, Chiharu) |
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| Friday, September 08, 2017 | ||
| 19 | 19
9
pgs
order
Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Leave to File Document
Fri 09/08 2:05 PM
ORDER (1) Denying Motion for Leave to Participate as Amicus Curiae, (2) Granting In Part and Denying In Part Defendant's Motion to Dismiss, and (3) Denying Defendant's Motion to Transfer. The Court grants in part and denies in part Defendant's motion to dismiss. Specifically, the Court grants the motion to dismiss Plaintiffs' statutory claims to the extent they sound in fraud, grants the motion to dismiss the claims for injunctive relief under the third and fourth claims, and denies the motion to dismiss Plaintiffs' breach of contract claim. Plaintiffs are granted leave to amend their statutory claims to cure the pleading deficiencies set out above. Defendant's motion to transfer is denied. Plaintiffs shall file their first amended complaint by no later than September 22, 2017. Signed by Judge Dana M. Sabraw on 9/8/2017. (aef) |
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| Friday, August 11, 2017 | ||
| 18 | 18
minutes
~Util - Terminate Motion and R&R Deadlines/Hearings Order ~Util - Motions Submitted
Fri 08/11 3:43 PM
ORDER Re: Oral Argument. The Court finds this matter suitable for decision without oral argument pursuant to Civil Local Rule 7.1(d)(1). Accordingly, the August 18, 2017 hearing is vacated. Signed by Judge Dana M. Sabraw on 8/11/2017.(aef) |
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| Thursday, August 10, 2017 | ||
| 17 | 17
respm
Response in Support of Motion
Thu 08/10 5:18 PM
RESPONSE in Support re12 MOTION for Leave to File Amicus Brief on Defendant's Motion to Dismiss filed by Doug Cook, Matthew Dovner, Jody Eberhart, Cory Mayfield, Barbara Swilley. (Johnson, Frank) |
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| Friday, August 04, 2017 | ||
| 16 | 16
respm
Response in Opposition to Motion
Fri 08/04 9:41 AM
RESPONSE in Opposition re12 MOTION for Leave to File Amicus Brief on Defendant's Motion to Dismiss filed by Keith Blackmer, Melissa Santich. (Sekino, Chiharu) |
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| Tuesday, August 01, 2017 | ||
| 15 | 15
respm
Response to Motion
Tue 08/01 3:07 PM
RESPONSE to Motion re12 MOTION for Leave to File Amicus Brief on Defendant's Motion to Dismiss filed by GNC Holdings, Inc.. (Sullivan, Sean) |
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| Friday, July 21, 2017 | ||
| 14 | 14
minutes
~Util - Terminate Motion and R&R Deadlines/Hearings Order ~Util - Motions Submitted
Mon 07/24 7:26 AM
ORDER Re: Oral Argument. The Court finds this matter suitable for decision without oral argument pursuant to Civil Local Rule 7.1(d)(1). Accordingly, the July 28, 2017 hearing is vacated. Signed by Judge Dana M. Sabraw on 7/21/2017.(aef) |
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| 13 | 13
respm
Reply to Response to Motion
Fri 07/21 5:08 PM
REPLY to Response to Motion re10 MOTION to Dismiss for Failure to State a Claim filed by GNC Holdings, Inc.. (Sullivan, Sean) |
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| Thursday, July 20, 2017 | ||
| 12 | 12
motion
Leave to File Document
Thu 07/20 7:25 PM
MOTION for Leave to File Amicus Brief on Defendant's Motion to Dismiss by Doug Cook, Jody Eberhart, Barbara Swilley, Matthew Dovner, Cory Mayfield.(Johnson, Frank)Attorney Frank J. Johnson, Jr added to party Doug Cook(pty:mov), Attorney Frank J. Johnson, Jr added to party Jody Eberhart(pty:mov), Attorney Frank J. Johnson, Jr added to party Barbara Swilley(pty:mov), Attorney Frank J. Johnson, Jr added to party Matthew Dovner(pty:mov), Attorney Frank J. Johnson, Jr added to party Cory Mayfield(pty:mov) |
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Att: 1
Memo of Points and Authorities Memorandum of Points and Authorities in Support of Motion for Order for Leave to Participate as Amicus Curiae to File Brief on Defendants Motion to Dismis,
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Att: 2
[Proposed] Amicus Brief on Defendants Motion to Dismiss
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| Thursday, July 13, 2017 | ||
| 11 | 11
respm
Response in Opposition to Motion
Thu 07/13 2:29 PM
RESPONSE in Opposition re10 MOTION to Dismiss for Failure to State a Claim filed by Keith Blackmer, Melissa Santich. (Sekino, Chiharu) |
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| Wednesday, June 28, 2017 | ||
| 10 | 10
motion
Dismiss for Failure to State a Claim
Wed 06/28 5:03 PM
MOTION to Dismiss for Failure to State a Claim by GNC Holdings, Inc..(Bugaighis, Zana) |
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Att: 1
Memo of Points and Authorities,
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Att: 2
Declaration of Kevin Macken
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| Friday, June 23, 2017 | ||
| 9 | 9
order
Order
Fri 06/23 3:23 PM
ORDER Following Status Conference. Signed by Judge Dana M. Sabraw on 6/23/2017.(knb) |
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| Wednesday, June 14, 2017 | ||
| 8 | 8
minutes
Status Conference
Wed 06/14 3:27 PM
Minute Entry for proceedings held before Judge Dana M. Sabraw: Telephonic Status Conference held on 6/14/2017. (Plaintiff Attorney James Shah). (Defendant Attorney Sean Sullivan). (no document attached) (jak) |
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| Tuesday, June 13, 2017 | ||
| 7 | 7
notice
Notice of Appearance
Tue 06/13 8:02 AM
NOTICE of Appearance by James C. Shah on behalf of Keith Blackmer, Melissa Santich (Shah, James)Attorney James C. Shah added to party Keith Blackmer(pty:pla), Attorney James C. Shah added to party Melissa Santich(pty:pla) (aef) |
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| Monday, June 12, 2017 | ||
| 6 | 6
notice
Notice of Appearance
Mon 06/12 5:52 PM
NOTICE of Appearance by Zana Zahra Bugaighis on behalf of GNC Holdings, Inc. (Bugaighis, Zana)Attorney Zana Zahra Bugaighis added to party GNC Holdings, Inc.(pty:dft) |
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| 5 | 5
notice
Notice of Party With Financial Interest
Mon 06/12 5:35 PM
NOTICE of Party With Financial Interest by GNC Holdings, Inc. . No Parties With Financial Interest. (Sullivan, Sean) |
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| 4 | 4
notice
Notice of Appearance
Mon 06/12 5:11 PM
NOTICE of Appearance by Sean M. Sullivan on behalf of GNC Holdings, Inc. (Sullivan, Sean)Attorney Sean M. Sullivan added to party GNC Holdings, Inc.(pty:dft) |
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| Friday, April 21, 2017 | ||
| 3 | 3
service
Waiver of Service Executed
Fri 04/21 12:55 PM
WAIVER OF SERVICE Returned Executed by Melissa Santich, Keith Blackmer, as to GNC Holdings, Inc.. (Sekino, Chiharu) |
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| Friday, March 17, 2017 | ||
| 2 | 2
notice
Notice of Related Case
Fri 03/17 4:49 PM
NOTICE OF RELATED CASE(S) by Keith Blackmer, Melissa Santich of case(s) CV 17-01320 RBK-AMD re1 Complaint,. (mpl) |
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| 1 | 1
cmp
Complaint
Fri 03/17 4:47 PM
COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 400 receipt number 0974-9907516.), filed by Melissa Santich, Keith Blackmer. The new case number is 3:17-cv-540-DMS-RBB. Judge Dana M. Sabraw and Magistrate Judge Ruben B. Brooks are assigned to the case. (Sekino, Chiharu)(mpl) |
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Att: 1
Civil Cover Sheet
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