Michael I Goldberg v. Comerica Bank
| California Central District Court | |
| Judge: | Dolly M Gee |
| Referred: | Suzanne H Segal |
| Case #: | 2:19-cv-03439 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-Fraud |
| Case Filed: | Apr 26, 2019 |
| Terminated: | Feb 05, 2020 |
| Last checked: Wednesday Oct 23, 2019 2:24 AM PDT |
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Defendant
Comerica Bank
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Represented By
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Plaintiff
Michael I. Goldberg
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Represented By
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| Docket last updated: 7 hours ago |
| Wednesday, February 05, 2020 | ||
| 44 | 44
order
Transfer Case Dismiss Case Strike
Thu 02/06 11:01 AM
MINUTES OF IN CHAMBERS - ORDER RE DEFENDANT COMERICA BANK'S MOTION TO TRANSFER, MOTION TO DISMISS, AND MOTION TO STRIKE by Judge Dolly M. Gee: Defendant Comerica Bank's Motion to Transfer to the Bankruptcy Court for the District of Delaware21 is GRANTED. Defendant's Motion to Dismiss22 and Motion to Strike23 are DENIED as moot without prejudice to Defendant refiling them in the transferee court under the appropriate procedure for doing so in that court. See document for further details. Transfer Order emailed to clerk at the Bankruptcy Court for the District of Delaware. ( MD JS-6. Case Terminated. ) Court Reporter: Not Reported. (gk) |
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| Wednesday, October 23, 2019 | ||
| 43 | 43
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Wed 10/23 2:57 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Stephen R Smerek counsel for Defendant Comerica Bank. Stephen R. Smerek is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Comerica Bank. (Smerek, Stephen) |
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| 42 | 42
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Wed 10/23 2:51 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Gayle I Jenkins counsel for Defendant Comerica Bank. Adding Gayle I. Jenkins as counsel of record for Defendant Comerica Bank for the reason indicated in the G-123 Notice. Filed by Defendant Comerica Bank. (Attorney Gayle I Jenkins added to party Comerica Bank(pty:dft))(Jenkins, Gayle) |
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| Thursday, September 19, 2019 | ||
| 41 | 41
textonly
Text Only Scheduling Notice
Thu 09/19 10:33 AM
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendant's Motion to Transfer Venue Pursuant to 28 U.S.C. § 141221 , Defendant's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6)22 , and Defendant's Motion to Strike Count V of the Complaint23 presently scheduled for hearing on September 20, 2019, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motions are taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) |
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| Wednesday, September 18, 2019 | ||
| 40 | 40
misc
Response
Wed 09/18 10:00 AM
RESPONSE filed by Plaintiff Michael I. Goldbergto Notice (Other)37 of Recent Filings in Further Support of Comerica Bank's Motions to Transfer, Dismiss, and Strike (LippSmith, Graham) |
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| Tuesday, September 17, 2019 | ||
| 39 | 39
2
pgs
order
Order
Tue 09/17 4:57 PM
ORDER GRANTING PLAINTIFF'S REQUEST FOR LEAVE TO FILE A RESPONSE TO DEFENDANT'S NOTICE OF RECENT FILINGS by Judge Dolly M. Gee: After briefing on Defendant's pending Motions to Transfer, Dismiss, and Strike concluded, Defendant submitted a Notice of Recent Filings in Support of its Motions to Transfer, Dismiss, and Strike ("Notice")37 . Defendant did not obtain the Court's leave to do so. Plaintiff then objected to Defendant's Notice and asked the Court to either strike the Notice or permit Plaintiff to file a short response, which it attached to its objection38 . In the interest of adjudicating Defendant's Motions on a full record, and to cure any prejudice resulting from Defendant's unauthorized supplemental filing, the Court will not strike Defendant's Notice, but will permit Plaintiff to file its response. Plaintiff shall file that response within three days of the date of this Order. Briefing on Defendant's Motions is now closed--the parties shall not file any further supplemental papers. (gk) |
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| Wednesday, September 04, 2019 | ||
| 38 | 38
misc
Objection
Wed 09/04 1:47 PM
OBJECTIONS to Notice (Other)37 Defendant's Notice of Recent Filings, or Alternatively, Plaintiff's Request for Leave to File a Response to the Notice filed by Plaintiff Michael I. Goldberg.(LippSmith, Graham) |
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Att: 1
Exhibit A - Plaintiff's Response to Defendant's Notice of Recent Filings
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| Thursday, August 29, 2019 | ||
| 37 | 37
notice
Notice (Other)
Thu 08/29 11:12 AM
NOTICE OF RECENT FILINGS IN FURTHER SUPPORT OF COMERICA BANK'S MOTIONS TO TRANSFER, DISMISS, AND STRIKE filed by Defendant Comerica Bank. 21 , 22 , 23 (Smerek, Stephen) |
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| Friday, August 16, 2019 | ||
| 36 | 36
respm
Motion Related Document
Fri 08/16 5:30 PM
SUPPLEMENTAL BRIEF IN FURTHER SUPPORT OF COMERICA BANK'S MOTIONS TO TRANSFER, DISMISS, AND STRIKE re NOTICE OF MOTION AND MOTION to Strike Count V of Plaintiff's Complaint (Attorney Civil Case Opening)1 23 , NOTICE OF MOTION AND MOTION to Transfer Case to District of Delaware for referral to the Bankruptcy Court for the District of Delaware pursuant to 28 U.S.C. § 1412 21 , NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to Fed. R. Civ. P. 12(b)(6) 22 filed by Defendant Comerica Bank. (Smerek, Stephen) |
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| Monday, August 12, 2019 | ||
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respm
Response in Opposition to Motion
Mon 08/12 5:03 PM
OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to District of Delaware for referral to the Bankruptcy Court for the District of Delaware pursuant to 28 U.S.C. § 1412 21 - PLAINTIFFS SUPPLEMENTAL BRIEF IN RESPONSE TO DEFENDANTS MOTION TO TRANSFER filed by Plaintiff Michael I. Goldberg.(LippSmith, Graham) |
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Att: 1
Exhibit A - August 8, 2019 Hrg Transcript
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| Monday, August 05, 2019 | ||
| 34 | 34
respm
Reply (Motion related)
Mon 08/05 7:27 PM
REPLY in Support of Defendants' Motions to (I) Dismiss; (II) Transfer Venue; and (III) Strike Count V of the Complaint NOTICE OF MOTION AND MOTION to Strike Count V of Plaintiff's Complaint (Attorney Civil Case Opening)1 23 , NOTICE OF MOTION AND MOTION to Transfer Case to District of Delaware for referral to the Bankruptcy Court for the District of Delaware pursuant to 28 U.S.C. § 1412 21 , NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to Fed. R. Civ. P. 12(b)(6) 22 filed by Defendant Comerica Bank. (Smerek, Stephen) |
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| 33 | 33
order
Leave to File Excess Pages
Mon 08/05 3:00 PM
ORDER GRANTING UNOPPOSED MOTION TO FILE EXCESS PAGES by Judge Dolly M. Gee: IT IS HEREBY ORDERED that the Motion to File Excess Pages32 is GRANTED. Defendant is permitted to file an omnibus reply in support of its Motion to Dismiss, Motion to Transfer, and Motion to Strike with up to 35 pages. (gk) |
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| Friday, August 02, 2019 | ||
| 32 | 32
motion
Exceed Page Limitation
Fri 08/02 4:42 PM
NOTICE OF MOTION AND MOTION to Exceed Page Limitation to Defendant's Omnibus Reply in Support of Motion to Dismiss, Motion to Transfer and Motion to Strike filed by Defendant Comerica Bank. (Smerek, Stephen) |
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Att: 1
Proposed Order Granting Unopposed Motion to File Excess Pages
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| Monday, July 22, 2019 | ||
| 31 | 31
order
Leave to File Excess Pages
Tue 07/23 10:28 AM
ORDER GRANTING UNOPPOSED MOTION TO FILE EXCESS PAGES by Judge Dolly M. Gee: Plaintiff's Unopposed Motion to File Excess Pages29 is GRANTED. Plaintiff may file an omnibus response to Defendant's Motion to Dismiss, Motion to Transfer, and Motion to Strike of up to 35 pages. (gk) |
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| 30 | 30
respm
Response in Opposition to Motion
Mon 07/22 4:32 PM
OPPOSITION to NOTICE OF MOTION AND MOTION to Strike Count V of Plaintiff's Complaint (Attorney Civil Case Opening)1 23 , NOTICE OF MOTION AND MOTION to Transfer Case to District of Delaware for referral to the Bankruptcy Court for the District of Delaware pursuant to 28 U.S.C. § 1412 21 , NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to Fed. R. Civ. P. 12(b)(6) 22 , Omnibus Response filed by Plaintiff Michael I. Goldberg. (LippSmith, Graham) |
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| Friday, July 19, 2019 | ||
| 29 | 29
motion
Exceed Page Limitation
Fri 07/19 2:36 PM
NOTICE OF MOTION AND MOTION to Exceed Page Limitation Omnibus Response to Defendant's Motion to Dismiss, Motion to Transfer and Motion to Strike filed by Plaintiff Michael I. Goldberg. (LippSmith, Graham) |
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Att: 1
Proposed Order
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| Friday, July 12, 2019 | ||
| 28 | 28
2
pgs
order
Order ~Util - Terminate Hearings ~Util - Set/Reset Motion Hearing and R&R Deadlines
Mon 07/15 3:07 PM
ORDER APPROVING JOINT STIPULATION REGARDING BRIEFING SCHEDULE AND CONTINUING HEARING DATE ON DEFENDANT'S MOTION TO TRANSFER VENUE, MOTION TO DISMISS, AND MOTION TO STRIKE by Judge Dolly M. Gee: Upon Stipulation27 , IT IS HEREBY ORDERED that Plaintiff's briefs in opposition to Defendant Comerica Bank's Motion to Transfer Venue21 , Motion to Dismiss22 and Motion to Strike23 will be filed on or before 7/22/2019. Defendant's reply briefs in support of Defendants Motions will be filed on or before 8/5/2019. Plaintiff may file a supplemental brief in response to Defendant's Motions in this action relating to the decision by the U.S. Bankruptcy Court for the District of Delaware on the pending motion for abstention in the adversary proceeding styled Comerica Bank v. Jay Beynon Family Trust, et al., Adv. Pro. No. 18-50382 (BLS) (Bankr. D. Del. May 2, 2019) and that decision's impact on, and/or relevance to, Defendant's Motions, within five calendar days of any such decision. Defendant may file a supplemental brief in support of Defendant's Motions in this action relating to the decision by the U.S. Bankruptcy Court for the District of Delaware on the pending Motion for Abstention, and that decision's impact on and/or relevance (or lack thereof) to Defendant's Motions, within ten calendar days of any such decision. The hearing date on Defendant's Motions is continued to 9/20/2019 at 09:30 AM before Judge Dolly M. Gee. (gk) |
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| Wednesday, July 10, 2019 | ||
| 27 | 27
stip
Continue
Wed 07/10 1:50 PM
Joint STIPULATION to Continue Briefing Schedule Deadlines and Hearing Date on Defendants' Motions from 8/16/2019 to 9/20/2019 Re: NOTICE OF MOTION AND MOTION to Strike Count V of Plaintiff's Complaint (Attorney Civil Case Opening)1 23 , NOTICE OF MOTION AND MOTION to Transfer Case to District of Delaware for referral to the Bankruptcy Court for the District of Delaware pursuant to 28 U.S.C. § 1412 21 , NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to Fed. R. Civ. P. 12(b)(6) 22 filed by Defendant Comerica Bank.(Smerek, Stephen) |
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Att: 1
Proposed Order
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| Friday, June 28, 2019 | ||
| 26 | 26
notice
Certificate/Notice of Interested Parties
Fri 06/28 5:14 PM
Corporate Disclosure Statement/Certification and Notice of Interested Parties filed by Defendant Comerica Bank, identifying Comerica Incorporated. (Smerek, Stephen) |
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| 25 | 25
misc
For Judicial Notice
Fri 06/28 5:08 PM
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Transfer Case to District of Delaware for referral to the Bankruptcy Court for the District of Delaware pursuant to 28 U.S.C. § 1412 21 , NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to Fed. R. Civ. P. 12(b)(6) 22 filed by Defendant Comerica Bank. (Smerek, Stephen) |
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| 24 | 24
respm
Declaration (Motion related)
Fri 06/28 5:06 PM
DECLARATION of Stephen R. Smerek in Support of NOTICE OF MOTION AND MOTION to Transfer Case to District of Delaware for referral to the Bankruptcy Court for the District of Delaware pursuant to 28 U.S.C. § 1412 21 , NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to Fed. R. Civ. P. 12(b)(6) 22 filed by Defendant Comerica Bank.(Smerek, Stephen) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H,
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Att: 9
Exhibit I,
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Att: 10
Exhibit J,
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Att: 11
Exhibit K,
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Att: 12
Exhibit L
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| 23 | 23
motion
Strike
Fri 06/28 5:00 PM
NOTICE OF MOTION AND MOTION to Strike Count V of Plaintiff's Complaint (Attorney Civil Case Opening)1 filed by Defendant Comerica Bank. Motion set for hearing on 8/16/2019 at 09:30 AM before Judge Dolly M. Gee. (Smerek, Stephen) |
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Att: 1
Proposed Order re Motion to Strike
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| 22 | 22
motion
Dismiss Case
Fri 06/28 4:55 PM
NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to Fed. R. Civ. P. 12(b)(6) filed by Defendant Comerica Bank. Motion set for hearing on 8/16/2019 at 09:30 AM before Judge Dolly M. Gee. (Smerek, Stephen) |
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Att: 1
Proposed Order re Motion to Dismiss
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| 21 | 21
motion
Transfer Case
Fri 06/28 4:48 PM
NOTICE OF MOTION AND MOTION to Transfer Case to District of Delaware for referral to the Bankruptcy Court for the District of Delaware pursuant to 28 U.S.C. § 1412 filed by Defendant Comerica Bank. Motion set for hearing on 8/16/2019 at 09:30 AM before Judge Dolly M. Gee. (Smerek, Stephen) |
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Att: 1
Proposed Order re Motion to Transfer
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| Wednesday, June 26, 2019 | ||
| 20 | 20
order
Appear Pro Hac Vice
Thu 06/27 11:30 AM
ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Thomas B. Walsh IV to Appear Pro Hac Vice on behalf of Defendant Comerica Bank, designating Stephen R. Smerek as local counsel19 . (gk) |
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| Tuesday, June 25, 2019 | ||
| 19 | 19
motion
Appear Pro Hac Vice (G-64)
Tue 06/25 4:40 PM
APPLICATION of Non-Resident Attorney Thomas B. Walsh IV to Appear Pro Hac Vice on behalf of Defendant Comerica Bank (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23983586) filed by Defendant Comerica Bank. (Attorney Stephen R Smerek added to party Comerica Bank(pty:dft)) (Smerek, Stephen) |
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Att: 1
Proposed Order
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| Thursday, June 13, 2019 | ||
| 18 | 18
1
pgs
service
Waiver of Service Executed
Thu 06/13 4:36 PM
WAIVER OF SERVICE Returned Executed filed by Plaintiff Michael I. Goldberg. upon All Defendants. Waiver of Service signed by Stephen R. Smerek. (LippSmith, Graham) |
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| Wednesday, May 01, 2019 | ||
| 17 | 17
order
Transfer Pursuant to GO 19-03 DECLINED-(related case)(CV-34)
Thu 05/02 1:43 PM
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 filed. Transfer of case declined by Magistrate Judge Karen L. Stevenson, for the reasons set forth on this order. Related Case No. 2:18-cv-00103 DMG(KSx) (rn) |
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| 16 | 16
notice
Deficiency in Electronically Filed Documents (G-112A) - optional html form
Wed 05/01 9:21 AM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance7 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
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| Tuesday, April 30, 2019 | ||
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order
Appear Pro Hac Vice
Tue 04/30 5:36 PM
ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Jeffrey C. Schneider to Appear Pro Hac Vice on behalf of Plaintiff Michael I. Goldberg, as Trustee for the Woodbridge Liquidation Trust, designating Graham LippSmith as local counsel6 . (gk) |
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| 14 | 14
order
Appear Pro Hac Vice
Tue 04/30 5:35 PM
ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Jason Kellogg to Appear Pro Hac Vice on behalf of Plaintiff Michael I. Goldberg, as Trustee for the Woodbridge Liquidation Trust, designating Graham LippSmith as local counsel5 . (gk) |
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| 13 | 13
order
Initial Order upon Filing of Complaint - form only
Tue 04/30 11:04 AM
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti) |
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| Monday, April 29, 2019 | ||
| 12 | 12
service
Summons Issued (Attorney Civil Case Opening)
Mon 04/29 8:00 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Comerica Bank. (jp) |
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| 11 | 11
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Mon 04/29 7:03 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jp) |
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| 10 | 10
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Mon 04/29 7:03 PM
NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Charles F. Eick. (jp) |
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| 9 | 9
notice
Related Case(s)
Mon 04/29 5:37 PM
NOTICE of Related Case(s) filed by Plaintiff Michael I. Goldberg. Related Case(s): 2:18-cv-00103-DMG-KS (LippSmith, Graham) |
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| 8 | 8
notice
Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form
Mon 04/29 2:30 PM
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jeffrey C. Schneider to Appear Pro Hac Vice on behalf of Plaintiff Michael I. Goldberg (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23628551)6 , APPLICATION of Non-Resident Attorney Jason K. Kellogg to Appear Pro Hac Vice on behalf of Plaintiff Michael I. Goldberg (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23628480)5 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed. (lt) |
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| Friday, April 26, 2019 | ||
| 7 | 7
notice
Appearance
Fri 04/26 4:35 PM
NOTICE of Appearance filed by attorney Jaclyn L Anderson on behalf of Plaintiff Michael I. Goldberg (Attorney Jaclyn L Anderson added to party Michael I. Goldberg(pty:pla))(Anderson, Jaclyn) |
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| 6 | 6
motion
Appear Pro Hac Vice (G-64)
Fri 04/26 4:06 PM
APPLICATION of Non-Resident Attorney Jeffrey C. Schneider to Appear Pro Hac Vice on behalf of Plaintiff Michael I. Goldberg (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23628551) filed by Plaintiff Michael I. Goldberg. (LippSmith, Graham) |
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Att: 1
Proposed Order
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| 5 | 5
motion
Appear Pro Hac Vice (G-64)
Fri 04/26 4:03 PM
APPLICATION of Non-Resident Attorney Jason K. Kellogg to Appear Pro Hac Vice on behalf of Plaintiff Michael I. Goldberg (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23628480) filed by Plaintiff Michael I. Goldberg. (LippSmith, Graham) |
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Att: 1
Proposed Order
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| 4 | 4
notice
Certificate/Notice of Interested Parties
Fri 04/26 3:50 PM
NOTICE of Interested Parties filed by Plaintiff Michael I. Goldberg, (LippSmith, Graham) |
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| 3 | 3
misc
Civil Cover Sheet (CV-71)
Fri 04/26 3:47 PM
CIVIL COVER SHEET filed by Plaintiff Michael I. Goldberg. (LippSmith, Graham) |
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| 2 | 2
notice
Summons Request
Fri 04/26 3:45 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Michael I. Goldberg. (LippSmith, Graham) |
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| 1 | 1
cmp
Complaint (Attorney Civil Case Opening)
Fri 04/26 3:42 PM
COMPLAINT Receipt No: 0973-23627752 - Fee: $400, filed by Plaintiff Michael I. Goldberg. (Attorney Graham B LippSmith added to party Michael I. Goldberg(pty:pla))(LippSmith, Graham) |
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