Calson Management, LLC v. Capella Solutions, LLC et al
| California Eastern District Court | |
| Judge: | William B Shubb |
| Referred: | Carolyn K Delaney |
| Case #: | 2:22-cv-01334 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1330 Breach of Contract |
| Case Filed: | Jul 28, 2022 |
| Terminated: | Sep 25, 2023 |
| Last checked: Tuesday Jan 24, 2023 12:54 AM PST |
|
Defendant
Capella Solutions, LLC
|
Represented By
|
|
Defendant
Rasheed Mohammed Khair Rabata
|
Represented By
|
|
Plaintiff
Calson Management, LLC
|
Represented By
|
GPO
Aug 02 2022
ORDER signed by Senior Judge William B. Shubb on 8/2/22 GRANTING 4 Plaintiff Calson Management's Motion for a Temporary Restraining Order. Capella Solution, LLC shall restore, within 24 hours of the issuance of this order, Calson Management full access to its end user information stored on Amazon Web Services by Capella Solutions. Capella Solution shall appear at the Show Cause Hearing set for 9/12/2022 at 10:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb and show cause, if there is any, why this Court should not enter a preliminary injunction requiring it to permanently restore Calson Management full access to Calson Management's end user information stored on Amazon Web Services by Capella Solutions. A motion for a preliminary injunction must be filed and personally served by Calson Management on Capella Solution's counsel no later than 8/15/22. Any response or opposition must be filed and personally served by Capella Solutions on Calson Management's counsel no later than 9/6/22. Any reply to Capella Solution's opposition must be filed by Calson Management by 9/7/22. Calson Management is required to post security in the amount of $50,000 by Friday, 8/5/22. On two days' notice to Calson Management, Capella Solution may appear and move to dissolve or modify the order. (Kastilahn, A) |
|
|
GPO
Nov 01 2022
served. Initial Scheduling Conference RESET for 2/27/2023 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb with a joint status report due 02/13/23.(Licea Chavez, V)STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/01/22 ORDERING that Plaintiff may, within 30 days, amend its complaint to allege (i) a claim for relief that is based on a theory of negligence and (ii) new allegations in support of venue and personal jurisdiction. Plaintiff may not amend the complaint to allege any other claim for relief nor amend any other aspect of the complaint. Defendants shall answer/respond to the amended complaint within 30 days after it is filed and |
|
|
GPO
Nov 07 2022
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/4/2022 ORDERING that Plaintiff and Defendants shall exchange their respective initial disclosures under Rule 26 of the Federal Rules of Civil Procedure by 2/6/2023. (Coll, A) |
|
|
GPO
Aug 24 2023
ORDER signed by Senior Judge William B. Shubb on 8/23/2023 EXTENDING Time to complete Settlement and Filing of Dismissal. Plaintiff Calson Management, LLC shall have 45 days from the date Settlement becomes effective to file and serve its dismissal, with prejudice of this action. All dates shall remain unless otherwise ordered by the Court. (Mena-Sanchez, L) |
| Docket last updated: 08/26/2025 11:59 PM PDT |
| Monday, September 25, 2023 | ||
| 32 | 32
order
Minute Order ~Util - Terminate Civil Case
Mon 09/25 11:24 AM
MINUTE ORDER (TEXT ONLY): Pursuant to the Stipulation for Dismissal with Prejudice filed 9/25/202331 , THIS ACTION IS TERMINATED, and all pending dates and deadlines are VACATED. Each party to bear its own costs and attorney's fees. CASE CLOSED. (Kirksey Smith, K) |
|
| 31 | 31
misc
Stipulation
Mon 09/25 11:11 AM
STIPULATION OF DISMISSAL WITH PREJUDICE by Calson Management, LLC. (Gaus, Arthur) Modified on 9/25/2023 (Kirksey Smith, K) |
|
| Thursday, August 24, 2023 | ||
| 30 | 30
3
pgs
order
Order ~Util - 1 Set/Reset Deadlines and Hearings
Thu 08/24 10:46 AM
ORDER signed by Senior Judge William B. Shubb on 8/23/2023 EXTENDING Time to complete Settlement and Filing of Dismissal. Plaintiff Calson Management, LLC shall have 45 days from the date Settlement becomes effective to file and serve its dismissal, with prejudice of this action. All dates shall remain unless otherwise ordered by the Court. (Mena-Sanchez, L) |
|
| Wednesday, August 23, 2023 | ||
| 29 | 29
notice
Notice of Settlement
Wed 08/23 9:20 AM
NOTICE of SETTLEMENT and PROPOSED ORDER by Calson Management, LLC. Dispositional Docs due by 9/18/2023. (Gaus, Arthur) Modified on 8/23/2023 |
|
| Friday, February 17, 2023 | ||
| 28 | 28
order
Scheduling Order ~Util - 1 Terminate Deadlines and Hearings
Fri 02/17 11:54 AM
STATUS PRETRIAL SCHEDULING ORDER signed by Senior Judge William B. Shubb on 02/17/23 VACATING the 02/27/23 Status Conference and ORDERING Designation of Expert Witnesses due by 11/22/23 with any rebuttal disclosures due by 12/22/23; all discovery shall be completed by 01/26/24; Non-Dispositive Motions shall be heard no later than 01/26/24; Dispositive Motions filed by 03/15/24; Final Pretrial Conference set for 05/20/24 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb with separate pretrial statements due pursuant to Local Rules 281 and 282; Jury Trial set for 07/23/24 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; parties state that private mediation will be completed by 07/31/23; if a settlement has not been reached by the time of the Pretrial Conference, a Settlement Conference will be set at that time. (Benson, A.) |
|
| Monday, February 13, 2023 | ||
| 27 | 27
misc
Status Report
Mon 02/13 3:43 PM
JOINT STATUS REPORT by Capella Solutions, LLC, Rasheed Mohammed Khair Rabata. (Romero, Edward) |
|
| Friday, December 30, 2022 | ||
| 26 | 26
answer
Answer to Complaint
Fri 12/30 12:36 PM
ANSWER with Jury Demand by Capella Solutions, LLC, Rasheed Mohammed Khair Rabata.(Romero, Edward) |
|
| Wednesday, November 30, 2022 | ||
| 25 | 25
cmp
Amended Complaint
Wed 11/30 1:06 PM
FIRST AMENDED COMPLAINT against All Defendants by Calson Management, LLC.(Gaus, Arthur) |
|
|
Att: 1
Declaration Declaration of Vicki Nash,
|
||
|
Att: 2
Copyright Report Declaration of Jason Reyes,
|
||
|
Att: 3
Certificate of Service
|
||
| Monday, November 07, 2022 | ||
| 24 | 24
order
Stipulation and Order ~Util - 1 Set/Reset Deadlines and Hearings
Mon 11/07 10:28 AM
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/4/2022 ORDERING that Plaintiff and Defendants shall exchange their respective initial disclosures under Rule 26 of the Federal Rules of Civil Procedure by 2/6/2023. (Coll, A) |
|
| Friday, November 04, 2022 | ||
| 23 | 23
misc
Stipulation and Proposed Order
Fri 11/04 2:59 PM
STIPULATION and PROPOSED ORDER for Continuing Time to Exchange Initial Disclosures to February 6, 2023 by Calson Management, LLC. (Gaus, Arthur) |
|
| Wednesday, November 02, 2022 | ||
| 22 | 22
notice
Notice (Other)
Wed 11/02 2:49 PM
NOTICE OF WITHDRAWAL OF RUSSELL LEIBSON AS COUNSEL FOR DEFENDANTS CAPELLA SOLUTIONS, LLC, AND RASHEED MOHAMMED KHAIR RABATA by Capella Solutions, LLC, Rasheed Mohammed Khair Rabata. Attorney Romero, Edward added. (Romero, Edward) |
|
| Tuesday, November 01, 2022 | ||
| 21 | 21
order
Stipulation and Order ~Util - 1 Set/Reset Deadlines and Hearings
Tue 11/01 4:10 PM
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/01/22 ORDERING that Plaintiff may, within 30 days, amend its complaint to allege (i) a claim for relief that is based on a theory of negligence and (ii) new allegations in support of venue and personal jurisdiction. Plaintiff may not amend the complaint to allege any other claim for relief nor amend any other aspect of the complaint. Defendants shall answer/respond to the amended complaint within 30 days after it is filed and served. Initial Scheduling Conference RESET for 2/27/2023 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb with a joint status report due 02/13/23.(Licea Chavez, V) |
|
| Friday, October 28, 2022 | ||
| 20 | 20
misc
Stipulation and Proposed Order
Fri 10/28 4:36 PM
STIPULATION and PROPOSED ORDER for Permitting (1) Amendment of Complaint to Allege Claim of Negligence; and (2) Continuing Case Management Conference by Capella Solutions, LLC, Rasheed Mohammed Khair Rabata. (Posard, Mark) |
|
| Wednesday, October 19, 2022 | ||
| 19 | 19
service
Summons Returned Executed
Wed 10/19 4:42 PM
SUMMONS RETURNED EXECUTED: Rasheed Mohammed Khair Rabata served on 10/13/2022, answer due 11/3/2022. (Gaus, Arthur) |
|
| 18 | 18
service
Summons Returned Executed
Wed 10/19 4:37 PM
SUMMONS RETURNED EXECUTED: Capella Solutions, LLC served on 10/11/2022, answer due 11/1/2022. (Gaus, Arthur) |
|
| Wednesday, October 12, 2022 | ||
| 17 | 17
notice
Notice (Other)
Wed 10/12 11:53 AM
NOTICE of WITHDRAWAL of Erroneous Re-Filing of16 Complaint by Calson Management, LLC. (Gaus, Arthur) Modified on 10/12/2022 |
|
| Tuesday, October 11, 2022 | ||
| 16 | 16
cmp
Complaint
Tue 10/11 5:11 PM
COMPLAINT Complaint For: (1) Breach of Contract; (2) Unjust Enrichment; (3) Tortious Interference with a Contract; (4) §17200 Business and Professions against Capella Solutions, LLC, Rasheed Mohammed Khair Rabata by Calson Management, LLC. (Filing fee $ 402, receipt number ACAEDC-10489048)(Gaus, Arthur) |
|
|
Att: 1
Civil Cover Sheet
|
||
| Monday, August 22, 2022 | ||
| 15 | 15
respm
Withdrawal of Motion
Mon 08/22 2:09 PM
WITHDRAWAL of12 Motion for Preliminary Injunction filed by Calson Management, LLC. (Gaus, Arthur) |
|
| Wednesday, August 17, 2022 | ||
| 14 | 14
order
Substitution of Attorney Order
Wed 08/17 11:09 AM
ORDER SUBSTITUTING ATTORNEY signed by Senior Judge William B. Shubb on 8/16/2022: Mark Posard and Russell Leibson for Capella Solutions, LLC and Rasheed Mohammed Khair Rabata in place of attorney Landon David Bailey.(Perdue, C.) |
|
| Monday, August 15, 2022 | ||
| 13 | 13
misc
Proposed Order
Mon 08/15 3:13 PM
PROPOSED ORDER re APPROVING SUBSTITUTION OF ATTORNEY re11 Notice - Other by Capella Solutions, LLC. Attorney Leibson, Russell added. (Leibson, Russell) |
|
| 12 | 12
motion
Preliminary Injunction
Mon 08/15 2:38 PM
MOTION for PRELIMINARY INJUNCTION by Calson Management, LLC. Motion Hearing set for 9/12/2022 at 10:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Gaus, Arthur) |
|
|
Att: 1
Declaration Declaration of Arthur S. Gaus
|
||
| Friday, August 12, 2022 | ||
| 11 | 11
notice
Notice (Other)
Fri 08/12 1:39 PM
NOTICE OF SUBSTITUTION OF COUNSEL by All Defendants. Attorney Posard, Mark added. (Posard, Mark) |
|
| Friday, August 05, 2022 | ||
| 10 | 10
notice
Notice (Other)
Fri 08/05 3:39 PM
NOTICE Suretec Insurance Company, Bond No. 3495504, Undertaking on Temporary Restraining Order by Calson Management, LLC. (Gaus, Arthur) |
|
| Tuesday, August 02, 2022 | ||
| 9 | 9
3
pgs
order
Order ~Util - 1 Set/Reset Deadlines and Hearings Order on Motion for TRO
Tue 08/02 1:56 PM
ORDER signed by Senior Judge William B. Shubb on 8/2/22 GRANTING4 Plaintiff Calson Management's Motion for a Temporary Restraining Order. Capella Solution, LLC shall restore, within 24 hours of the issuance of this order, Calson Management full access to its end user information stored on Amazon Web Services by Capella Solutions. Capella Solution shall appear at the Show Cause Hearing set for 9/12/2022 at 10:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb and show cause, if there is any, why this Court should not enter a preliminary injunction requiring it to permanently restore Calson Management full access to Calson Management's end user information stored on Amazon Web Services by Capella Solutions. A motion for a preliminary injunction must be filed and personally served by Calson Management on Capella Solution's counsel no later than 8/15/22. Any response or opposition must be filed and personally served by Capella Solutions on Calson Management's counsel no later than 9/6/22. Any reply to Capella Solution's opposition must be filed by Calson Management by 9/7/22. Calson Management is required to post security in the amount of $50,000 by Friday, 8/5/22. On two days' notice to Calson Management, Capella Solution may appear and move to dissolve or modify the order. (Kastilahn, A) |
|
| Monday, August 01, 2022 | ||
| 8 | 8
misc
Proposed Order
Mon 08/01 4:06 PM
PROPOSED ORDER re Defendant Calson Mangement's TRO re4 Ex Parte Application for Temporary Restraining Order by Calson Management, LLC. (Gaus, Arthur) |
|
|
minutes
Motion Hearing ~Util - 1 Set/Reset Deadlines and Hearings
Mon 08/01 2:21 PM
MINUTES (Text Only) for proceedings held before Senior Judge William B. Shubb: MOTION HEARING held on 8/1/2022. Court confers with counsel re Plaintiff's4 Ex Parte Application for TRO. Court ORDERS Plaintiff to file its motion for preliminary injunction no later than 8/15/2022, Defendant to file its opposition no later than 9/6/2022 and Plaintiff to file its reply no later than 9/7/2022. Said motion shall be noticed for hearing on 9/12/2022 at 10:00 AM. Plaintiff's Counsel Arthur Gaus present. Defendant's Counsel Landon Bailey (special appearance) present. Court Reporter: Jennifer Coulthard. (Michel, G.) |
||
| Sunday, July 31, 2022 | ||
| 6 | 6
respm
Opposition to Motion
Sun 07/31 3:14 PM
OPPOSITION by Capella Solutions, LLC, Rasheed Mohammed Khair Rabata to4 Motion for Temporary Restraining Order,. Attorney Bailey, Landon David added.(Bailey, Landon) |
|
|
Att: 1
Declaration Declaration of Rabata in Opposition to Motion for Temporary Restraining Order
|
||
| Friday, July 29, 2022 | ||
|
order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Fri 07/29 2:32 PM
MINUTE ORDER (TEXT ONLY): The Court HEREBY ORDERS4 Plaintiff's Application for Temporary Restraining Order set for hearing on 8/1/2022 at 10:30 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb (to be held in person, in open court). Any opposition brief shall be filed no later than 7/31/2022 at 3:00 PM. Counsel for Plaintiff are advised of their obligation to notify Defendants and/or Defendants' counsel of the time and location of the hearing, pursuant to Local Rule 231(a). (Kirksey Smith, K) |
||
| Thursday, July 28, 2022 | ||
| 4 | 4
motion
Ex Parte Application
Thu 07/28 6:23 PM
EX PARTE APPLICATION by Calson Management, LLC for Temporary Restraining Order.(Gaus, Arthur) |
|
|
Att: 1
Proposed Order Proposed Order Granting Plaintiff Calson Management's Temporary Restraining Order,
|
||
|
Att: 2
Points and Authorities Plaintiff Calson Management, LLC's Memorandum of Points and Authorities in Support of Plaintiff's Ex Parte Application for Temporary Restraining Order,
|
||
|
Att: 3
Declaration Declaration of Arthur Gaus in Support of Ex Parte Application for Temporary Restraining Order with Equitable Relief and Order to Show Cause Why a Preliminary Injunction Should Not Issue,
|
||
|
Att: 4
Declaration Declaration of Jason Phillip Reyes in Support of Ex Parte Application for Temporary Restraining Order with Equitable Relief and Order to Show Cause Why a Preliminary Injunction Should Not Issue,
|
||
|
Att: 5
Declaration Declaration of Brandon A. Klein in Support of Ex Parte Application for Temporary Restraining Order with Equitable Relief and Order to Show Cause Why a Preliminary Injunction Should Not Issue,
|
||
|
Att: 6
Declaration Declaration of Vicki Lee Nash in Support of Ex Parte Application for Temporary Restraining Order with Equitable Relief and Order to Show Cause Why a Preliminary Injunction Should Not Issue,
|
||
|
Att: 7
Proof of Service Certificate of Service
|
||
| 3 | 3
misc
Civil New Case Documents for WBS
Thu 07/28 10:22 AM
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 11/21/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Coll, A) |
|
|
Att: 1
Consent Form,
|
||
|
Att: 2
VDRP
|
||
| 2 | 2
service
Summons
Thu 07/28 10:21 AM
SUMMONS ISSUED as to *Capella Solutions, LLC, Rasheed Mohammed Khair Rabata* with answer to complaint due within *21* days. Attorney *Arthur Slezak Gaus* *425 California St.* *Suite 2100* *San Francisco, CA 94104*. (Coll, A) |
|
| 1 | 1
37
pgs
cmp
Complaint
Thu 07/28 10:05 AM
COMPLAINT against All Defendants by Calson Management, LLC. Attorney Gaus, Arthur Slezak added. (Filing fee $ 402, receipt number ACAEDC-10351503)(Gaus, Arthur) |
|
|
Att: 1
Civil Cover Sheet
|
||