Kimberly Gerdo v. Nerium International, LLC et al
| California Central District Court | |
| Judge: | Dale S Fischer |
| Referred: | Shashi H Kewalramani |
| Case #: | 5:18-cv-01834 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1441 Notice of Removal - Fraud |
| Case Filed: | Aug 28, 2018 |
| Terminated: | Dec 12, 2018 |
| Last checked: Sunday Feb 24, 2019 1:45 AM PST |
|
Defendant
Nerium International, LLC
|
Represented By
|
|
Defendant
Jeff Olson
|
Represented By
|
|
Defendant
Does
|
|
|
Plaintiff
Kimberly Gerdo
|
Represented By
|
| Docket last updated: 05/11/2025 11:59 PM PDT |
| Wednesday, December 12, 2018 | ||
| 41 | 41
order
Dismiss/Lack of Jurisdiction
Thu 12/13 2:06 PM
MINUTES (In Chambers) Order GRANTING Defendants' Motion to Dismiss22 by Judge Dale S. Fischer. See Minute Order for specifics. (MD JS-6. Case Terminated) (lom) |
|
| Monday, November 19, 2018 | ||
| 40 | 40
misc
Objection
Mon 11/19 8:40 PM
OBJECTIONS to Declaration (Motion related),,35 filed by Defendants Nerium International, LLC, Jeff Olson.(Brown, Harrison) |
|
|
Att: 1
Proposed Order on Evidentiary Objections of Defendants Nerium International, LLC and Jeff Olson to Declaration of Kimberly Gerdo Filed in Support of Plaintiff's Oppositions
|
||
| 39 | 39
respm
Reply (Motion related)
Mon 11/19 8:36 PM
REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case PURSUANT TO FED. R. CIV. P. 12(b)(6) 25 filed by Defendants Nerium International, LLC, Jeff Olson. (Brown, Harrison) |
|
| 38 | 38
respm
Reply (Motion related)
Mon 11/19 8:34 PM
REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss or Stay Pending the Outcome of Arbitration 24 filed by Defendants Nerium International, LLC, Jeff Olson. (Brown, Harrison) |
|
| 37 | 37
respm
Reply (Motion related)
Mon 11/19 8:32 PM
REPLY in Support of NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Texas pursuant to 28 U.S.C. § 1404(a) 23 filed by Defendants Nerium International, LLC, Jeff Olson. (Brown, Harrison) |
|
| 36 | 36
respm
Reply (Motion related)
Mon 11/19 8:30 PM
REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2) 22 filed by Defendants Nerium International, LLC, Jeff Olson. (Brown, Harrison) |
|
| Monday, November 12, 2018 | ||
| 35 | 35
respm
Declaration (Motion related)
Mon 11/12 5:26 PM
DECLARATION of Kimberly Gerdo in support of plaintiff's oppositions to NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Texas pursuant to 28 U.S.C. § 1404(a) 23 , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2) 22 , NOTICE OF MOTION AND MOTION to Dismiss or Stay Pending the Outcome of Arbitration 24 , NOTICE OF MOTION AND MOTION to Dismiss Case PURSUANT TO FED. R. CIV. P. 12(b)(6) 25 filed by Plaintiff Kimberly Gerdo. (Bohm, James) |
|
| 34 | 34
respm
Declaration (Motion related)
Mon 11/12 5:24 PM
DECLARATION of Christopher Green in support of plaintiff's oppositions to NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Texas pursuant to 28 U.S.C. § 1404(a) 23 , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2) 22 , NOTICE OF MOTION AND MOTION to Dismiss or Stay Pending the Outcome of Arbitration 24 , NOTICE OF MOTION AND MOTION to Dismiss Case PURSUANT TO FED. R. CIV. P. 12(b)(6) 25 filed by Plaintiff Kimberly Gerdo.(Bohm, James) |
|
|
Att: 1
Exhibit A
|
||
| 33 | 33
respm
Objection/Opposition (Motion related)
Mon 11/12 5:20 PM
OPPOSITION re: NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Texas pursuant to 28 U.S.C. § 1404(a) 23 filed by Plaintiff Kimberly Gerdo. (Bohm, James) |
|
| 32 | 32
respm
Objection/Opposition (Motion related)
Mon 11/12 5:19 PM
OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss or Stay Pending the Outcome of Arbitration 24 filed by Plaintiff Kimberly Gerdo. (Bohm, James) |
|
| 31 | 31
respm
Objection/Opposition (Motion related)
Mon 11/12 5:18 PM
OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case PURSUANT TO FED. R. CIV. P. 12(b)(6) 25 filed by Plaintiff Kimberly Gerdo. (Bohm, James) |
|
| 30 | 30
respm
Objection/Opposition (Motion related)
Mon 11/12 5:15 PM
OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2) 22 filed by Plaintiff Kimberly Gerdo. (Bohm, James) |
|
| Friday, November 09, 2018 | ||
| 29 | 29
order
Continue
Fri 11/09 11:07 AM
ORDER by Judge Dale S. Fischer on Stipulation to Continue hearing on Defendants' Pending Motions and to Continue Scheduling Conference and Related Deadlines28 (See Order for Specifics). (rfi) |
|
| Thursday, November 08, 2018 | ||
| 28 | 28
motion
Continue
Thu 11/08 3:55 PM
REQUEST to Continue Pending Motions and Scheduling Conference and Related Deadlines filed by Plaintiffs Kimberly Gerdo. (Green, Christopher) |
|
| Thursday, November 01, 2018 | ||
| 27 | 27
order
Extension of Time to File
Fri 11/02 9:13 AM
ORDER GRANTING APPLICATION FOR EXTENSION OF TIME TO FILE A MOTION FOR CLASS CERTIFICATION26 by Judge Dale S. Fischer: (SEE ORDER FOR SPECIFICS) (bp) |
|
| Friday, October 26, 2018 | ||
| 26 | 26
motion
Extension of Time to File Document
Fri 10/26 2:38 PM
APPLICATION for Extension of Time to File A Motion for Class Certification filed by Plaintiffs Kimberly Gerdo. (Bohm, James) |
|
|
Att: 1
Declaration Decl of C. Green,
|
||
|
Att: 2
Proposed Order Proposed Order
|
||
| Thursday, October 04, 2018 | ||
| 25 | 25
motion
Dismiss Case
Thu 10/04 8:10 PM
NOTICE OF MOTION AND MOTION to Dismiss Case PURSUANT TO FED. R. CIV. P. 12(b)(6) filed by Defendants Nerium International, LLC, Jeff Olson. Motion set for hearing on 12/3/2018 at 01:30 PM before Judge Dale S. Fischer. (Zhang, Ping) |
|
|
Att: 1
Memorandum,
|
||
|
Att: 2
Proposed Order
|
||
| 24 | 24
motion
Dismiss (cause or other)
Thu 10/04 8:01 PM
NOTICE OF MOTION AND MOTION to Dismiss or Stay Pending the Outcome of Arbitration filed by Defendants Nerium International, LLC, Jeff Olson. Motion set for hearing on 12/3/2018 at 01:30 PM before Judge Dale S. Fischer. (Zhang, Ping) |
|
|
Att: 1
Memorandum,
|
||
|
Att: 2
Request for Judicial Notice,
|
||
|
Att: 3
Proposed Order
|
||
| 23 | 23
motion
Transfer Case
Thu 10/04 7:52 PM
NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Texas pursuant to 28 U.S.C. § 1404(a) filed by Defendants Nerium International, LLC, Jeff Olson. Motion set for hearing on 12/3/2018 at 01:30 PM before Judge Dale S. Fischer. (Zhang, Ping) |
|
|
Att: 1
Memorandum,
|
||
|
Att: 2
Proposed Order
|
||
| 22 | 22
motion
Dismiss for Lack of Jurisdiction
Thu 10/04 7:40 PM
NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2) filed by Defendants Nerium International, LLC, Jeff Olson. Motion set for hearing on 12/3/2018 at 01:30 PM before Judge Dale S. Fischer. (Zhang, Ping) |
|
|
Att: 1
Memorandum,
|
||
|
Att: 2
Request for Judicial Notice,
|
||
|
Att: 3
Proposed Order
|
||
| 21 | 21
misc
Declaration
Thu 10/04 5:38 PM
DECLARATION of Harrison Brown in support of concurrently filed motions filed by Defendants Nerium International, LLC, Jeff Olson. (Tagvoryan, Anahit) |
|
| 20 | 20
misc
Declaration
Thu 10/04 5:37 PM
DECLARATION of Kayla Wagner in support of concurrently filed motions filed by Defendants Nerium International, LLC, Jeff Olson. (Tagvoryan, Anahit) |
|
| 19 | 19
misc
Declaration
Thu 10/04 5:35 PM
DECLARATION of Jeff Olson in support of concurrently filed motions filed by Defendants Nerium International, LLC, Jeff Olson. (Tagvoryan, Anahit) |
|
| Wednesday, September 26, 2018 | ||
| 18 | 18
misc
Errata
Wed 09/26 9:04 AM
NOTICE OF ERRATA filed by Defendants Nerium International, LLC, Jeff Olson. correcting Certificate/Notice of Interested Parties3 , Notice of Removal (Attorney Civil Case Opening),1 (Zhang, Ping) |
|
| Tuesday, September 04, 2018 | ||
| 17 | 17
stip
Extending Time to Answer (30 days or less)
Tue 09/04 12:41 PM
Joint STIPULATION Extending Time to Answer the complaint as to Jeff Olson answer now due 10/4/2018; Nerium International, LLC answer now due 10/4/2018, re Complaint - (Discovery), filed by Defendants Jeff Olson; Nerium International, LLC.(Brown, Harrison) |
|
|
Att: 1
Declaration of Harrison Brown,
|
||
|
Att: 2
Proposed Order
|
||
| Thursday, August 30, 2018 | ||
| 16 | 16
order
Pretrial-Trial Scheduling Order - form only
Thu 08/30 12:13 PM
Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Trial Estimate: 3 days. Final Pretrial Conference set for 8/19/2019 03:00 PM before Judge Dale S. Fischer. Jury Trial set for 9/17/2019 08:30 AM before Judge Dale S. Fischer. (dp) |
|
| 15 | 15
order
Initial Order Setting R26 Scheduling Conference - form only
Thu 08/30 12:02 PM
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 12/10/2018 at 11:00 AM before Judge Dale S. Fischer. (dp) |
|
| 14 | 14
order
Initial Order upon Filing of Complaint - form only
Thu 08/30 8:52 AM
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (dp) |
|
| Wednesday, August 29, 2018 | ||
| 13 | 13
service
Proof of Service (subsequent documents)
Wed 08/29 5:44 PM
PROOF OF SERVICE filed by Defendants Nerium International, LLC, Jeff Olson, re Notice of Removal (Attorney Civil Case Opening),1 served on 8/28/18. (Brown, Harrison) |
|
| 12 | 12
service
Proof of Service (subsequent documents)
Wed 08/29 5:41 PM
CERTIFICATE OF SERVICE filed by Defendants Nerium International, LLC, Jeff Olson, re Notice of Removal (Attorney Civil Case Opening),1 served on 8/28/18. (Brown, Harrison) |
|
| 11 | 11
notice
Deficiency in Attorney Case Opening
Wed 08/29 4:36 PM
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice (Other)4 . The following error(s) was found: Other error(s) with document(s): Incorrect event selected. Correct event to be used is Joinder in Complaint. (ghap) |
|
| 10 | 10
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Wed 08/29 3:57 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
|
| 9 | 9
transfer
Reassignment of Eastern Division Removal Case (CV-106) - optional html form
Wed 08/29 3:56 PM
NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Shashi H. Kewalramani for discovery. Pursuant to General Order 16-05, this case has been randomly reassigned to District Judge Dale S. Fischer. The case number on all documents filed with the Court in this case should read as follows: 5:18-cv-1834 DSF (SHKx). (ghap) |
|
| Tuesday, August 28, 2018 | ||
| 8 | 8
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Tue 08/28 2:47 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Harrison Maxwell Brown counsel for Defendants Nerium International, LLC, Jeff Olson. Adding Ping Zhang as counsel of record for Nerium International, LLC and Jeff Olson for the reason indicated in the G-123 Notice. Filed by Defendants Nerium International, LLC and Jeff Olson. (Brown, Harrison) |
|
| 7 | 7
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Tue 08/28 2:45 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Harrison Maxwell Brown counsel for Defendants Nerium International, LLC, Jeff Olson. Adding Ana Tagvoryan as counsel of record for Nerium International, LLC and Jeff Olson for the reason indicated in the G-123 Notice. Filed by Defendants Nerium International, LLC and Jeff Olson. (Brown, Harrison) |
|
| 6 | 6
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Tue 08/28 2:43 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Harrison Maxwell Brown counsel for Defendants Nerium International, LLC, Jeff Olson. Adding Mike Margolis as counsel of record for Nerium International, LLC and Jeff Olson for the reason indicated in the G-123 Notice. Filed by Defendants Nerium International, LLC and Jeff Olson. (Brown, Harrison) |
|
| 5 | 5
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Tue 08/28 2:40 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Harrison Maxwell Brown counsel for Defendants Nerium International, LLC, Jeff Olson. Adding Harrison Brown as counsel of record for Nerium International, LLC and Jeff Olson for the reason indicated in the G-123 Notice. Filed by Defendants Nerium International, LLC and Jeff Olson. (Brown, Harrison) |
|
| 4 | 4
notice
Notice (Other)
Tue 08/28 2:26 PM
NOTICE of Consent to Removal filed by Defendants Nerium International, LLC, Jeff Olson. (Brown, Harrison) |
|
| 3 | 3
notice
Certificate/Notice of Interested Parties
Tue 08/28 2:22 PM
Certification of Interested Parties filed by Defendants Nerium International, LLC, Jeff Olson, (Brown, Harrison) |
|
| 2 | 2
misc
Civil Cover Sheet (CV-71)
Tue 08/28 2:20 PM
CIVIL COVER SHEET filed by Defendants Nerium International, LLC, Jeff Olson. (Brown, Harrison) |
|
| 1 | 1
notice
Notice of Removal (Attorney Civil Case Opening)
Tue 08/28 2:19 PM
NOTICE OF REMOVAL from Riverside Superior Court, case number RIC1814331 Receipt No: 0973-22329745 - Fee: $400, filed by Defendants Jeff Olson, Nerium International, LLC. (Attorney Harrison Maxwell Brown added to party Nerium International, LLC(pty:dft), Attorney Harrison Maxwell Brown added to party Jeff Olson(pty:dft))(Brown, Harrison) |
|
|
cmp
Complaint - (Discovery)
Wed 08/29 3:40 PM
CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 25, inclusive, Nerium International, LLC, Jeff Olson. Jury Demanded., filed by plaintiff Kimberly Gerdo. (FILED IN STATE COURT ON 7/13/2018 SUBMITTED ATTACHED TO NOTICE TO REMOVAL) (ghap) |
||
|
service
Service of Summons and Complaint Returned Executed (21 days)
Wed 08/29 3:43 PM
CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Kimberly Gerdo, upon Defendant Jeff Olson served on 7/23/2018, answer due 8/13/2018. Service of the Summons and Complaint were executed upon Steve Haynes, Esq., Corporate Counsel in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (FILED IN STATE COURT ON 7/26/2018 SUBMITTED ATTACHED EXHIBIT C) (ghap) |
||
|
service
Service of Summons and Complaint Returned Executed (21 days)
Wed 08/29 3:45 PM
CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Kimberly Gerdo, upon Defendant Nerium International, LLC served on 7/19/2018, answer due 8/9/2018. Service of the Summons and Complaint were executed upon Laura Perez, Authorized to Accept Service in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (FILED IN STATE COURT ON 7/26/2018 SUBMITTED ATTACHED EXHIBIT C) (ghap) |
||
|
service
Service of Summons and Complaint Returned Executed (21 days)
Wed 08/29 3:48 PM
CONFORMED FILED COPY OF AMENDED PROOF OF SERVICE Executed by Plaintiff Kimberly Gerdo, upon Defendant Service of the Summons and Complaint were executed upon Steve Haynes, Esq., Corporate Counsel, Authorized to Accept Service in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 7/31/2018 SUBMITTED ATTACHED EXHIBIT C) (ghap) |
||