Dale Sundby v. Lewis Landau et al

California Central District Court
Judge:	Mark C Scarsi
Referred:	Brianna Fuller Mircheff
Case #:	2:24-cv-05790
Nature of Suit	370 Torts - Personal Property - Other Fraud
Cause	28:1332 Diversity-Fraud

Case Filed:	Jul 05, 2024
Terminated:	Aug 19, 2024

Docket
Parties (21)

Last checked: Wednesday Jan 01, 2025 12:41 AM PST

Defendant Meylan Davitt Jain Arevian and Kim LLP
Defendant Platinum Loan Servicing, Inc.
Defendant Scot Fine
Defendant Dolores Thompson
Defendant Ryan Joe Solovy
Defendant Troy H. Slome
Defendant Andres Salsido
Defendant Kimberly Gill Rabinoff
Defendant Kathleen Myers
Defendant Jeffrey Myers
Defendant Christopher Myers
Defendant Vickie McCarty
Defendant Marquee Funding Group, Inc.
Defendant Lewis Landau
Defendant Fasack Investments LLC
Defendant Equity Trust Company, Custodian FBO Steven M. Cobin Traditional IRA
Defendant Does
Defendant Todd B. Cobin
Defendant Barbara A. Cobin
Defendant Benning Management Group 401k Profit Sharing Plan
Plaintiff Dale Sundby 5963 North Golden Eagle Drive Tucson, AZ 85750

Docket last updated: 21 minutes ago

Tuesday, August 20, 2024
23		23 order Alter Judgment Tue 08/20 2:00 PM MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: AMENDED ORDER RE REQUEST FOR DISMISSAL AND EMERGENCY MOTION (ECF Nos.18-19,22 ).The Court ordered Plaintiffs Dale Sundby and Edith Sundby to show cause why the Court should authorize dismissal of the parties they dropped from the amended complaint. (OSC, ECF No. 14.) The Court invited Plaintiffs to dismiss the case in lieu of responding and warned that "[f]ailure to file a timely and satisfactory response will result in dismissal without further notice" (Id. at 3.) Plaintiffs did not file a timely response; instead, after the deadline to respond, they filed a request for dismissal of the case without prejudice pursuant to the warning in the order to show cause. Related [+] They then filed an emergency motion seeking the same relief. (Mot., ECF No. 19.) The Court grants Plaintiffs request and motion and dismisses the case without prejudice. Fed. R. Civ. P. 41(a)(2). The Clerk shall close the case. (SEE FOOTNOTE 1: "This Order supersedes and replaces a prior version of this Order, which interpreted Plaintiffs' request and motion as a notice of dismissal under Rule 41(a)(l)(A)(i).(Order, ECF No. 21.) This amendment is responsive to Plaintiffs' motion for relief from the prior version of this Order, which is granted. (Mot. to Am. J., ECF No. 22."...) (lc) (Entered: 08/20/2024) Related: [-] q., ECF No. 18.
22		22 4 pgs motion Alter Judgment Tue 08/20 11:00 AM EMERGENCY MOTION TO AMEND JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 59(e) RELIEF REQUESTED BY AUGUST 21, 2024 ; a proposed order is attached herein.21 filed by plaintiffs Dale Sundby, Edith Littlefield Sundby. (lc) Related: [-]
Monday, August 19, 2024
24		24 notice Notice (Other) Thu 08/22 3:15 PM NOTICE RE ECF NO. 21 ORDER OF DISMISSAL filed by plaintiffs Dale Sundby, Edith Littlefield Sundby. (lc) Related: [-]
21		21 1 pgs order Pro Se Electronic Filing - CV-5 O For Order Mon 08/19 2:19 PM MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE REQUEST FOR DISMISSAL AND EMERGENCY MOTION18 ,19 . The Court ordered Plaintiffs Dale Sundby and Edith Sundby to show cause why the Court should authorize dismissal of the parties they dropped from the amended complaint. (OSC, ECF No. 14.) The Court invited Plaintiffs to dismiss the case in lieu of responding and warned that "[f]ailure to file a timely and satisfactory response will result in dismissal without further notice." (Id. at 3.) Plaintiffs did not file a timely response; instead, after the deadline to respond, they filed a request for dismissal of the case without prejudice pursuant to the warning in the order to showcause. Related [+] They then filed an emergency motion seeking the samerelief. (Mot., ECF No. 19.) The Court interprets Plaintiffs' request and motion as notices of dismissal, which are effective without a court order. Fed. R. Civ. P. 4l(a)(l). This case is dismissed without prejudice. The Clerk shall close the case.(Made JS-6. Case Terminated.) (lc) Related: [-] q., ECF No. 18.
Sunday, August 18, 2024
20		20 notice Deficiency in Filed Documents (G-112A) - optional html form Mon 08/19 11:09 AM NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: Motion19 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. 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. (lc) Related: [-]
19		19 2 pgs motion Order Mon 08/19 11:05 AM EMERGENCY MOTION FOR COURT DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2) TO AVOID STATUTE OF LIMITATIONS EXPIRATION AND TWO-DISMISSAL RULE filed by plaintiffs Dale Sundby, Edith Littlefield Sundby. (lc) Modified on 8/19/2024 (lc) Related: [-]
		Att: 1 Lodged proposed order
Friday, August 16, 2024
18		18 2 pgs motion Order Fri 08/16 1:05 PM REQUEST FOR COURT "DISMISSAL WITHOUT FURTHER NOTICE" PURSUANT TO ECF NO. 14FURTHER ORDER TO SHOW CAUSE filed by plaintiffs Dale Sundby, Edith Littlefield Sundby. (lc) Related: [-]
		Att: 1 Lodged proposed order
Monday, July 29, 2024
15		15 1 pgs notice Manual Filing (G-92) Tue 07/30 3:47 PM NOTICE of Manual Filing filed by Plaintiffs Dale Sundby, Edith Littlefield Sundby of Video on a Thumbdrive, described in paragraphs 49 and 50 of the First Amended Complaint. (rolm) Related: [-]
14		14 3 pgs order Order to Show Cause Tue 07/30 11:34 AM MINUTES (IN CHAMBERS) FURTHER ORDER TO SHOW CAUSE by Judge Mark C. Scarsi. The Court orders Plaintiffs to show cause why the Court should authorize dismissal of the parties they dropped from the amended complaint. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm) Related: [-]
Sunday, July 28, 2024
17		17 3 pgs misc Response Wed 07/31 10:39 AM CORRECTED RESPONSE TO ECF NO. 11 ORDER TO SHOW CAUSE14 filed by Plaintiffs Dale Sundby, Edith Littlefield Sundby.(lc) Related: [-]
Thursday, July 25, 2024
16		16 3 pgs misc Response Tue 07/30 5:07 PM RESPONSE filed by Plaintiffs Dale Sundby, Edith Littlefield Sundbyto Order to Show Cause,14 (rolm) Related: [-]
Wednesday, July 24, 2024
13		13 service Summons Issued Thu 07/25 6:57 PM 21 DAY Summons Issued re Amended Complaint,,12 as to Defendants Benning Management Group 401k Profit Sharing Plan, Barbara A. Cobin, Todd B. Cobin, Equity Trust Company, Custodian FBO Steven M. Cobin Traditional IRA, Fasack Investments LLC, Scot Fine, Lewis Landau, Marquee Funding Group, Inc., Vickie McCarty, Meylan Davitt Jain Arevian and Kim LLP, Christopher Myers, Jeffrey Myers, Kathleen Myers, Platinum Loan Servicing, Inc., Kimberly Gill Rabinoff, Andres Salsido, Troy H. Slome, Ryan Joe Solovy, Dolores Thompson. (rolm) Related: [-]
12		12 128 pgs othcmp Amended Complaint Thu 07/25 6:48 PM FIRST AMENDED COMPLAINT against Defendants Benning Management Group 401k Profit Sharing Plan, Barbara A. Cobin, Todd B. Cobin, Does, Equity Trust Company, Custodian FBO Steven M. Cobin Traditional IRA, Fasack Investments LLC, Scot Fine, Lewis Landau, Marquee Funding Group, Inc., Vickie McCarty, Meylan Davitt Jain Arevian and Kim LLP, Christopher Myers, Jeffrey Myers, Kathleen Myers, Platinum Loan Servicing, Inc., Kimberly Gill Rabinoff, Andres Salsido, Troy H. Slome, Ryan Joe Solovy, Dolores Thompson amending Complaint - (Discovery),,1 ; JURY DEMAND, filed by plaintiffs Edith Littlefield Sundby, Dale Sundby(rolm) Related: [-]
Wednesday, July 17, 2024
11		11 2 pgs order Minutes of In Chambers Order/Directive - no proceeding held Wed 07/17 3:44 PM MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER TO SHOW CAUSE RE: SUBJECT-MATTER JURISDICTION. The Court orders Plaintiffs to show cause why the case should not be dismissed for lack of jurisdiction. Plaintiffs shall file a written response within 14 days either conceding the Court lacks jurisdiction or adducing additional facts about the citizenship of the parties. Failure to file a timely and satisfactory response will result in dismissal without further notice. (lc) Related: [-]
Wednesday, July 10, 2024
10		10 textonly Generic Text Only Entry Wed 07/10 2:57 PM TEXT ONLY (IN CHAMBERS) NOTICE TO PRO SE LITIGANTS by Judge Mark C. Scarsi: Although Plaintiff is proceeding pro se, i.e., without legal representation, she/he nonetheless is required to comply with Court orders, the Local Rules, and the Federal Rules of Civil Procedure. See C.D. Cal. L.R. 83-2.2.3. The Local Rules are available on the Court's website, http://www.cacd.uscourts.gov/court-procedures/ local-rules. The Court cannot provide legal advice to any party, including pro se litigants, i.e., parties who are not represented by a lawyer. There is a free "Pro Se Clinic" that can provide information and guidance about many aspects of civil litigation in this Court. The Court notes that a party to this lawsuit does not have a lawyer. Parties in court without a lawyer are called "pro se litigants." These parties often face special challenges in federal court. Public Counsel runs a free Federal Pro Se Clinic where pro se litigants can get information and guidance. The Clinic is located at the Roybal Federal Building and Courthouse, 255 East Temple Street, Los Angeles, CA 90012 (note that the clinic may not be open for in-person appointments during the pandemic). Pro se litigants must call or submit an on-line application to request services as follows: on-line applications can be submitted at http://prose.cacd.uscourts.gov/los-angeles, or call (213) 385-2977, ext. 270. Pro se litigants may submit documents for filing through the Court's Electronic Document Submission System (EDSS) instead of mailing or bringing documents to the Clerk's Office. Only internet access and an e-mail address are required. Documents are submitted in PDF format through an online portal on the Court's website. To access EDSS and for additional information, visit the Court's website at https://apps.cacd.uscourts.gov/edss. Attorneys may not use EDSS to submit documents on behalf of their clients. Attorneys are required by the local rules to file documents electronically using the Court's CM/ECF System. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) Related: [-]
9		9 order Initial Order upon Filing of Complaint - form only Wed 07/10 2:55 PM INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo) Related: [-]
8		8 notice Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form Wed 07/10 1:01 PM Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) Related: [-]
7		7 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Wed 07/10 1:00 PM NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) Related: [-]
6		6 notice Notice of Assignment to United States Judges (CV-18) - optional html form Wed 07/10 1:00 PM NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Brianna Fuller Mircheff. (lh) Related: [-]
Tuesday, July 09, 2024
5		5 service Summons Issued Wed 07/10 12:58 PM 21 DAY Summons Issued re Complaint - (Discovery),,1 as to Defendants Benning Management Group 401k Profit Sharing Plan, Barbara A. Cobin, Todd B. Cobin, Equity Trust Company, Custodian FBO Steven M. Cobin Traditional IRA, Fasack Investments LLC, Scott Fines, Lewis Landau, Marquee Funding Group, Inc., Vickie McCarty, Meylan Davitt Jain Arevian and Kim LLP, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Troy H. Slome, Ryan Joe Solovy, Dolores Thompson. (lh) Related: [-]
Friday, July 05, 2024
4		4 motion Pro Se Electronic Filing - CV-5 Wed 07/10 12:54 PM APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Plaintiff Edith Sundby. (lh) Related: [-]
3		3 motion Pro Se Electronic Filing - CV-5 Wed 07/10 12:52 PM APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Plaintiff Dale Sundby. (lh) Related: [-]
2		2 notice Certificate/Notice of Interested Parties Wed 07/10 12:49 PM CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Dale Sundby, (lh) Related: [-]
1		1 26 pgs cmp Complaint - (Discovery) Wed 07/10 12:47 PM COMPLAINT against Defendants Benning Management Group 401k Profit Sharing Plan, Barbara A. Cobin, Todd B. Cobin, Does, Equity Trust Company, Custodian FBO Steven M. Cobin Traditional IRA, Fasack Investments LLC, Scott Fines, Lewis Landau, Marquee Funding Group, Inc., Vickie McCarty, Meylan Davitt Jain Arevian and Kim LLP, Christopher Myers, Jeffrey Myers, Kathleen Myers, Kimberly Gill Rabinoff, Andres Salsido, Troy H. Slome, Ryan Joe Solovy, Dolores Thompson.Case assigned to Judge Mark C. Scarsi for all further proceedings. Discovery referred to Magistrate Judge Brianna Fuller Mircheff. (Filing Fee $405 PAID) Jury Demanded, filed by Plaintiffs Edith Sundby, Dale Sundby. (lh) Related: [-]
		Att: 1 Civil Cover Sheet

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