Diamondback DTNM, LLC et al v. Shiftpixy, Inc. et al
| California Central District Court | |
| Judge: | James V Selna |
| Referred: | Karen E Scott |
| Case #: | 8:24-cv-01278 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1441 Notice of Removal -- Other Contract |
| Case Filed: | Jun 12, 2024 |
| Terminated: | Oct 30, 2024 |
| Case in other court: | Orange County Superior Court, 30-02024-01394222-CU-BC-NJC |
| Last checked: Wednesday Dec 11, 2024 12:42 AM PST |
|
Defendant
Scott Absher
|
Represented By
|
|
Defendant
Does
|
|
|
Defendant
Shiftpixy, Inc.
|
Represented By
|
|
Plaintiff
Diamondback DTNM, LLC
|
Represented By
|
|
Plaintiff
Little John's Gourmet, LLC
|
Represented By
|
| Docket last updated: 10 hours ago |
| Friday, May 02, 2025 | ||
| 40 | 40
misc
Status Report
Fri 05/02 10:22 AM
STATUS REPORT Further filed by Defendants Scott Absher, Shiftpixy, Inc.. (Rasch, Erika) |
|
| Monday, February 03, 2025 | ||
| 39 | 39
misc
Status Report
Mon 02/03 4:15 PM
STATUS REPORT Regarding Bankruptcy Proceedings filed by Defendants Shiftpixy, Inc., Scott Absher. (Rasch, Erika) |
|
| Wednesday, October 30, 2024 | ||
| 38 | 38
textonly
Text Only Scheduling Notice
Wed 10/30 10:52 AM
(IN CHAMBERS) ORDER by Judge James V. Selna: The Court has received and reviewed Defenant ShiftPixy, Inc. Notice of Filing Bankruptcy [Dkt No. 37]. Pursuant to the automatic stay provisions of Section 338 of the Bankruptcy Code, it is hereby ORDERED that this action is STAYED, administratively closed, and removed from the Court's active caseload. It is FURTHER ORDERED that the parties file on February 3, 2025, and every ninety (90) days thereafter, quarterly Status Reports advising the Court regarding the posture of the bankruptcy case. If events warrant, the parties shall file an interim status report. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) |
|
| Tuesday, October 29, 2024 | ||
| 37 | 37
notice
Filing Bankruptcy (non-bankruptcy appeal)
Tue 10/29 4:04 PM
NOTICE OF FILING BANKRUPTCY filed by Defendants Shiftpixy, Inc., Scott Absher. as to ShiftPixy, Inc., Bankruptcy Court case number 24-21209 LMI. (Rasch, Erika) |
|
| Tuesday, October 08, 2024 | ||
| 36 | 36
adr
Stipulation Regarding Selection of Panel Mediator (Assigned) - (ADR-2)
Tue 10/08 10:46 AM
STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties request that the ADR Program assign a Panel Mediator from the following area of law: Commercial Litigation, Breach of Contract, Breach of Fiduciary Duty. Filed by Defendant Shiftpixy, Inc.(Rasch, Erika) |
|
| Friday, September 27, 2024 | ||
| 35 | 35
order
Dismiss Dismiss/Lack of Jurisdiction
Fri 09/27 4:12 PM
MINUTES [IN CHM1BERS] Order Regrading Motions to Dismiss [20, 22] by Judge James V. Selna: For the following reasons, the Court makes the following rulings: GRANTS in part and DENIES in part ShiftPixy's Motion to Dismiss. GRANTS Absher's Motion to Dismiss under 12(b)(6). The Court finds that oral argument would not be helpful in this matter and VACATES the September 30, 2024 hearing. Fed. R. Civ. P. 78; L.R. 7-15. Granting in part and Denying in part20 MOTION to Dismiss; Granting22 MOTION to Dismiss for Lack of Jurisdiction. [SEE DOCUMENT FOR FURTHER INFORMATION.] (es) |
|
| Thursday, September 12, 2024 | ||
| 34 | 34
2
pgs
order
Order ~Util - Terminate Hearings ~Util - Set/Reset Motion Hearing and R&R Deadlines
Fri 09/13 10:15 AM
ORDER ON STIPULATION FOR ORDER CONTINUING HEARINGS31 by Judge James V. Selna, The hearings on the Motions to Dismiss of Defendant ShiftPixy, Inc. and Specially-Appearing Defendant Scott Absher, all of which were scheduled to take place on September 16, 2024 at 1:30 p.m., are hereby continued, and shall now take place in person on September 30, 2024 at 1:30 p.m. in the Ronald Reagan Building, 411 W. Fourth Street, Courtroom 10C, Santa Ana, CA. Defendants' pending Motions to Dismiss are fully briefed. No further briefs shall be filed. (es) |
|
| Wednesday, September 11, 2024 | ||
| 33 | 33
order
Pretrial-Trial Scheduling Order - form only
Wed 09/11 1:51 PM
ORDER FOR JURY TRIAL SETTING DATES; PREPARATION FOR TRIAL; AND GOVERNING ATTORNEY AND PARTY CONDUCT AT TRIAL before Judge James V. Selna. (See Document for Details and Deadlines) (eva) |
|
| Tuesday, September 10, 2024 | ||
| 32 | 32
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Terminate Hearings ~Util - Set/Reset Deadlines/Hearings
Wed 09/11 12:12 PM
[IN CHAMBERS] ORDER RE SCHEDULING DATES by Judge James V. Selna: The Court has read and considered the parties Rule 26(f) Report and sets the following dates: Jury Trial August 12, 2025, at 8:30 a.m. Final Pretrial Conference July 28, 2025, at 11:00 a.m. Discovery Cut-off April 28, 2025. Expert Discovery Cut-off July 14, 2025. Law and Motion Cut-off June 23, 2025, at 1:30 p.m. The Court orders that any settlement discussions shall be completed not later than July 14, 2025. The Scheduling Conference set for September 16, 2024, at 1:30 p.m. is ordered VACATED. [SEE DOCUMENT FOR FURTHER DETAILS AND DEADLINES.] (es) |
|
| 31 | 31
stip
Continue
Tue 09/10 3:29 PM
STIPULATION to Continue Rule 16(b) Scheduling Conference, Hearings on Motions to Dismiss from September 16, 2024 at 1:30 p.m. to September 30, 2024 at 1:30 p.m. Re: NOTICE OF MOTION AND MOTION to Dismiss First, Sixth, and Ninth Causes of Action in Plaintiffs' First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) as against ShiftPixy, Inc. 20 , Initial Order Setting R26 Scheduling Conference - form only24 , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' First Amended Complaint against Specially-Appearing Defendant Scott Absher 22 filed by Plaintiffs Diamondback DTNM, LLC, Little John's Gourmet, LLC.(Polychron, Christian) |
|
|
Att: 1
Proposed Order on stipulation for order continuing hearings, or alternatively to allow counsel to appear remotely,
|
||
|
Att: 2
Certificate of Service
|
||
| Monday, September 09, 2024 | ||
| 30 | 30
misc
Joint Report Rule 26(f) Discovery Plan
Mon 09/09 4:49 PM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-5 days, filed by Plaintiffs Diamondback DTNM, LLC, Little John's Gourmet, LLC..(Polychron, Christian) |
|
|
Att: 1
Exhibit Exhibit A,
|
||
|
Att: 2
Certificate of Service
|
||
| Friday, August 30, 2024 | ||
| 29 | 29
respm
Reply (Motion related)
Fri 08/30 6:52 PM
REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' First Amended Complaint against Specially-Appearing Defendant Scott Absher 22 filed by Defendant Scott Absher. (Rasch, Erika) |
|
| 28 | 28
misc
For Judicial Notice
Fri 08/30 6:50 PM
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF SHIFTPIXY, INC.'S REPLY IN SUPPORT OF MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT filed by Defendant Shiftpixy, Inc..(Rasch, Erika) |
|
|
Att: 1
Exhibit 1
|
||
| 27 | 27
respm
Reply (Motion related)
Fri 08/30 6:46 PM
REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss First, Sixth, and Ninth Causes of Action in Plaintiffs' First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) as against ShiftPixy, Inc. 20 filed by Defendant Shiftpixy, Inc.. (Rasch, Erika) |
|
| Monday, August 26, 2024 | ||
| 26 | 26
respm
Objection/Opposition (Motion related)
Mon 08/26 11:32 PM
Opposition to Shiftpixy, Inc's Motion to Dismiss oppsition re: NOTICE OF MOTION AND MOTION to Dismiss First, Sixth, and Ninth Causes of Action in Plaintiffs' First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) as against ShiftPixy, Inc. 20 filed by Plaintiff Diamondback DTNM, LLC.(Polychron, Christian) |
|
|
Att: 1
Certificate of Service
|
||
| 25 | 25
respm
Objection/Opposition (Motion related)
Mon 08/26 10:59 PM
Opposition to Scott Absher's Motion to Dismiss Opposition re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' First Amended Complaint against Specially-Appearing Defendant Scott Absher 22 filed by Plaintiff Diamondback DTNM, LLC.(Polychron, Christian) |
|
|
Att: 1
Certificate of Service
|
||
| Monday, August 19, 2024 | ||
| 24 | 24
order
Initial Order Setting R26 Scheduling Conference - form only
Mon 08/19 8:46 AM
Order Setting Rule 26(f) Scheduling Conference for 09/16/2024 at 1:30 p.m. before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 09/09/2024. (eva) |
|
| Friday, August 16, 2024 | ||
| 23 | 23
respm
Declaration (Motion related)
Fri 08/16 6:26 PM
DECLARATION of Erika M. Rasch in Support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' First Amended Complaint against Specially-Appearing Defendant Scott Absher 22 filed by Defendant Scott Absher. (Rasch, Erika) |
|
| 22 | 22
motion
Dismiss for Lack of Jurisdiction
Fri 08/16 6:24 PM
NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' First Amended Complaint against Specially-Appearing Defendant Scott Absher filed by Specially-Appearing Defendant Scott Absher. Motion set for hearing on 9/16/2024 at 01:30 PM before Judge James V. Selna. (Rasch, Erika) |
|
|
Att: 1
Proposed Order
|
||
| 21 | 21
respm
Declaration (Motion related)
Fri 08/16 6:04 PM
DECLARATION of Erika M. Rasch in Support of NOTICE OF MOTION AND MOTION to Dismiss First, Sixth, and Ninth Causes of Action in Plaintiffs' First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) as against ShiftPixy, Inc. 20 filed by Defendant Shiftpixy, Inc.. (Rasch, Erika) |
|
| 20 | 20
motion
Dismiss (cause or other)
Fri 08/16 6:03 PM
NOTICE OF MOTION AND MOTION to Dismiss First, Sixth, and Ninth Causes of Action in Plaintiffs' First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) as against ShiftPixy, Inc. filed by Defendant Shiftpixy, Inc.. Motion set for hearing on 9/16/2024 at 01:30 PM before Judge James V. Selna. (Rasch, Erika) |
|
|
Att: 1
Proposed Order
|
||
| Monday, August 05, 2024 | ||
| 19 | 19
notice
Certificate/Notice of Interested Parties
Mon 08/05 11:05 AM
NOTICE of Interested Parties filed by Plaintiff All Plaintiffs,(Polychron, Christian) |
|
|
Att: 1
Certificate of Service
|
||
| Friday, August 02, 2024 | ||
| 18 | 18
misc
Response
Fri 08/02 1:52 PM
RESPONSE filed by Plaintiffs Diamondback DTNM, LLC, Little John's Gourmet, LLCto Order to Show Cause16 (Polychron, Christian) |
|
|
Att: 1
Declaration Declaration,
|
||
|
Att: 2
Certificate of Service
|
||
| 17 | 17
othcmp
Amended Complaint/Petition
Fri 08/02 12:55 PM
First Amended Complaint AMENDED COMPLAINT against Defendant All Defendants amending Complaint - (Discovery), JURY DEMAND, filed by Plaintiff Diamondback DTNM, LLC, Little John's Gourmet, LLC(Polychron, Christian) |
|
|
Att: 1
Exhibit Exhibit 1,
|
||
|
Att: 2
Exhibit Exhibit 2,
|
||
|
Att: 3
Exhibit Exhibit 3,
|
||
|
Att: 4
Certificate of Service
|
||
| Thursday, July 25, 2024 | ||
| 16 | 16
1
pgs
order
Order to Show Cause
Thu 07/25 4:31 PM
[IN CHAMBERS] ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge James V. Selna: Response to Order to Show Cause due by 8/2/2024. [SEE DOCUMENT FOR FURTHER INFORMATION.] (es) |
|
| Tuesday, July 09, 2024 | ||
| 15 | 15
order
Extending Answer Due Deadline
Tue 07/09 4:31 PM
ORDER ON STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 8-3)14 , by Judge James V. Selna, the Court has reviewed the stipulation and, good cause appearing, HEREBY ORDERS THAT the time for Defendants to respond to the initial Complaint in this action is extended to July 22, 2024. (es) |
|
| Monday, July 08, 2024 | ||
| 14 | 14
stip
Extending Time to Answer (30 days or less)
Mon 07/08 4:15 PM
STIPULATION Extending Time to Answer the complaint as to Scott Absher answer now due 7/22/2024; Shiftpixy, Inc. answer now due 7/22/2024, filed by Defendants Scott Absher; Shiftpixy, Inc..(Dudley, Camilla) |
|
|
Att: 1
Proposed Order
|
||
| Tuesday, June 18, 2024 | ||
| 13 | 13
notice
Notice (Other)
Tue 06/18 2:18 PM
Notice filed by Defendants Scott Absher, Shiftpixy, Inc.. of Initial Order Following Filing of Complaint Assigned to Judge Selna(Dudley, Camilla) |
|
|
Att: 1
Exhibit A
|
||
| 12 | 12
order
Extending Answer Due Deadline
Tue 06/18 1:14 PM
ORDER ON STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 8-3)11 by Judge James V. Selna. The Court Hereby Orders that the time for Defendants to respond to the initial Complaint in this action is extended by twenty-one (21) days to July 11, 2024. (es) |
|
| 11 | 11
stip
Extending Time to Answer (30 days or less)
Tue 06/18 10:37 AM
STIPULATION Extending Time to Answer the complaint as to Shiftpixy, Inc. answer now due 7/11/2024; Scott Absher answer now due 7/11/2024, re Complaint - (Discovery), filed by Defendants Shiftpixy, Inc..(Dudley, Camilla) |
|
|
Att: 1
Proposed Order
|
||
| Friday, June 14, 2024 | ||
| 10 | 10
order
Initial Order upon Filing of Complaint - form only
Fri 06/14 12:07 PM
INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA. (eva) |
|
| Thursday, June 13, 2024 | ||
| 9 | 9
notice
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form
Thu 06/13 12:44 PM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
|
| 8 | 8
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Thu 06/13 12:44 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
|
| 7 | 7
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Thu 06/13 12:43 PM
NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Karen E. Scott. (sh) |
|
| Wednesday, June 12, 2024 | ||
| 6 | 6
transfer
Intradistrict Transfer - Clerical Error (G-73) - optional html form
Thu 06/13 12:00 PM
NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Southern Division. Case has been assigned to Judge James V. Selna for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Karen E. Scott. New Case Number 8:24-cv-1278 JVS (KESx). (sh) |
|
| 5 | 5
REQUEST FOR JUDICIAL NOTICE In Support of Petition and Notice of Removal filed by Defendants Scott Absher, Shiftpixy, Inc. a Wyoming Corporation. (Rasch, Erika)
|
|
| 4 | 4
DECLARATION of Erika M. Rasch re Notice of Removal (Attorney Civil Case Opening),1 filed by Defendants Scott Absher, Shiftpixy, Inc. a Wyoming Corporation. (Rasch, Erika)
|
|
| 3 | 3
NOTICE of Interested Parties filed by Defendants Scott Absher, Shiftpixy, Inc. a Wyoming Corporation, (Rasch, Erika)
|
|
| 2 | 2
CIVIL COVER SHEET filed by Defendants Scott Absher, Shiftpixy, Inc. a Wyoming Corporation. (Rasch, Erika)
|
|
| 1 | 1
NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2024 01394222-CU-BC-NJC Receipt No: ACACDC-37647598 - Fee: $405, filed by defendants Scott Absher, Shiftpixy, Inc. a Wyoming Corporation. (Attorney Erika M Rasch added to party Scott Absher(pty:dft), Attorney Erika M Rasch added to party Shiftpixy, Inc. a Wyoming Corporation(pty:dft))(Rasch, Erika)
|
|
|
cmp
Complaint - (Discovery)
Thu 06/13 11:51 AM
CONFORMED EFILED COPY OF SUMMONS AND COMPLAINT against Defendants Scott Absher, Does, Shiftpixy, Inc., filed by Plaintiffs Diamondback DTNM, LLC, Little John's Gourmet, LLC. [FILED IN STATE COURT 4/17/2024 SUBMITTED AS ATTACHMENT NO. 1 EXHIBIT A TO THE NOTICE OF REMOVAL1 ] (sh) |
||