UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:15-cv BRO-JEM
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1 US District Court Civil Docket as of June 15, 2015 Retrieved from the court on June 29, 2015 UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:15-cv BRO-JEM Josh Crystal v. Medbox, Inc. et al Assigned to: Judge Beverly Reid O'Connell Referred to: Magistrate Judge John E. McDermott Related Cases: 2:15-cv BRO-JEM 2:15-cv BRO-JEM Cause: 15:78m(a) Securities Exchange Act Plaintiff Josh Crystal Individually and on Behalf of All Others Similarly Situated Date Filed: 01/21/2015 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Frank J Johnson Johnson and Weaver LLP 600 West Broadway Suite 1540 San Diego, CA Fax: frankj@johnsonandweaver.com Shawn E Fields Johnson and Weaver LLP 600 West Broadway Suite 1540 San Diego, CA Fax: shawnf@johnsonandweaver.com V. Consol Plaintiff Peter Phan Lead Plaintiff represented by Frank J Johnson Johnson and Weaver LLP 600 West Broadway Suite 1540 San Diego, CA Fax: frankj@johnsonandweaver.com
2 Consol Plaintiff Paul Poon Lead Plaintiff Consol Plaintiff Ervin Gutierrez Consol Plaintiff Matthew Donnino represented by Frank J Johnson (See above for address) represented by Laurence M Rosen The Rosen Law Firm PA 355 South Grand Avenue Suite 2450 Los Angeles, CA Fax: lrosen@rosenlegal.com represented by Jeremy A Lieberman Pomerantz LLP 600 Third Avenue 20th Floor New York, NY Fax: jalieberman@pomlaw.com PRO HAC VICE Jon A Tostrud Tostrud Law Group PC 1925 Century Park East Suite 2125 Los Angeles, CA Fax: jtostrud@tostrudlaw.com Patrick V Dahlstrom Pomerantz LLP 10 South LaSalle Street Suite 3505 Chicago, IL Fax: pdahlstrom@pomlaw.com PRO HAC VICE
3 V. Hugo Colindres Nancy Fox represented by Laurence M Rosen (See above for address) represented by David E Bower Faruqi and Faruqi LLP Wilshire Boulevard Suite 1470 Los Angeles, CA Fax: dbower@faruqilaw.com V. Michael Konar Patrick W. Orman Cong B. He represented by Daniel A Osborn Osborn Law PC 295 Madison Avenue 39th Floor New York, NY Fax: dosborn@osbornlawpc.com represented by Jeremy A Lieberman (See above for address) PRO HAC VICE represented by Jeremy A Lieberman (See above for address) PRO HAC VICE V.
4 Medbox, Inc. Pejman Vincent Mehdizadeh represented by Phillip R Kaplan Manatt, Phelps & Phillips LLP West Olympic Boulevard Los Angeles, CA Fax: pkaplan@manatt.com represented by Daniel Friedman Lula Payne and Fears LLP 4 Park Plaza Suite 1100 Irvine, CA Fax: dfl@paynefears.com Eric M Kennedy Payne and Fears LLP 801 South Figueroa Street Suite Los Angeles, CA Fax: emk@paynefears.com Leilani Elizabeth Livingston Payne and Fears LLP 4 Park Plaza Suite 1100 Irvine, CA Fax: llj@paynefears.com Rhianna S Hughes Payne and Fears LLP 4 Park Plaza Suite 1100 Irvine, CA Fax: rsh@paynefears.com Bruce Bedrick
5 Thomas Iwanski Guy Marsala Douglas Mitchell Date Filed # Docket Text 01/21/ COMPLAINT Receipt No: Fee: $400. (Attachments: # 1 Certification of Plaintiff Pursuant to the Federal Securities Laws) (Attorney Frank J Johnson added to party Josh Crystal(pty:pla))(Johnson, Frank) (Entered: 01/21/2015) 01/21/ Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 Josh Crystal. (Johnson, Frank) (Entered: 01/21/2015) 01/21/ CIVIL COVER SHEET filed by Plaintiff Josh Crystal. (Johnson, Frank) (Entered: 01/21/2015) 01/21/ NOTICE and CERTIFICATE of Interested Parties filed by Josh Crystal Josh Crystal, (Johnson, Frank) (Entered: 01/21/2015) 01/21/ NOTICE OF ASSIGNMENT to District Judge Beverly Reid OConnell and Magistrate Judge John E. McDermott. (car) (Entered: 01/21/2015) 01/21/ NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 01/21/2015) 01/21/ DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to s Bruce Bedrick, Thomas Iwanski, Guy Marsala, Medbox, Inc., Pejman Vincent Mehdizadeh, Douglas Mitchell. (car) (Entered: 01/21/2015) 01/23/ STANDING ORDER REGARDING NEWLY ASSIGNED CASES upon filing of the complaint by Judge Beverly Reid O'Connell. Judge Beverly Reid O'Connell is participating in a pilot project regarding the submission of SEALED DOCUMENTS. All proposed sealed documents must be submitted via to the Judge's Chambers at BRO_chambers@cacd.uscourts.gov. Please refer to the judge's procedures and schedules for detailed instructions for submission of sealed documents. (rfi) (Entered: 01/23/2015) 01/30/ PROOF OF SERVICE Executed by Plaintiff Josh Crystal, upon Medbox, Inc. served on 1/22/2015, answer due 2/12/2015. Service of the Summons and Complaint were executed upon JOHN DOE, Manager in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Johnson, Frank) (Entered: 01/30/2015) 02/10/ STIPULATION for Extension of Time to File Answer to be Determined, Following Appointment of Lead Plaintiff and Filing of Consolidated Amended Complaint. filed by Medbox, Inc.. (Attachments: # 1 Proposed Order)(Attorney Phillip R Kaplan added to party Medbox, Inc.(pty:dft))(Kaplan, Phillip) (Entered: 02/10/2015) 02/12/ ORDER by Judge Beverly Reid O'Connell, re Stipulation to Extend Time to Answer (More than 30 days), 10 Pursuant to the stipulation of the Parties, and good cause appearing, Medbox shall not be required to answer or otherwise respond to the Complaint
6 until after any related actions are consolidated, a lead plaintiff and lead counsel are appointed by the Court, lead plaintiff serves an operative complaint, and the Parties agree to a schedule for Medbox to respond to the operative complaint and a schedule for any anticipated briefing. The parties are to file a stipulation or status report by April 12, (rfi) (Entered: 02/12/2015) 02/12/ NOTICE of Change of address by Frank J Johnson attorney for Plaintiff Josh Crystal. Changing attorneys address to 600 West Broadway, Suite 1540, San Diego, CA Filed by Plaintiff Josh Crystal. (Johnson, Frank) (Entered: 02/12/2015) 03/23/ NOTICE OF MOTION AND MOTION for Appointment of Counsel The Rosen Law Firm, P.A. and Appointment of Lead Plaintiff ( Motion set for hearing on 4/27/2015 at 01:30 PM before Judge Beverly Reid O'Connell.), MOTION to Consolidate Cases filed by movant Hugo Colindres. (Attachments: # 1 Proposed Order)(Attorney Laurence M Rosen added to party Hugo Colindres(pty:mov))(Rosen, Laurence) (Entered: 03/23/2015) 03/23/ MEMORANDUM in Support of MOTION for Appointment of Counsel The Rosen Law Firm, P.A. and Appointment of Lead Plaintiff MOTION to Consolidate Cases 13 filed by Hugo Colindres. (Rosen, Laurence) (Entered: 03/23/2015) 03/23/ DECLARATION of Laurence Rosen in support of MOTION for Appointment of Counsel The Rosen Law Firm, P.A. and Appointment of Lead Plaintiff MOTION to Consolidate Cases 13 filed by Hugo Colindres. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rosen, Laurence) (Entered: 03/23/2015) 03/23/ NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 15-cv-00636, 15-cv- 683, filed by movant Michael Konar. Motion set for hearing on 4/20/2015 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Memorandum Memorandum of Points and Authorities in Support of Motion of Michael Konar for Consolidation of the Actions, Appointment as Lead Plaintiff, and Approval of Selection of Counsel, # 2 Declaration Declaration of Daniel A. Osborn, # 3 Exhibit A-Certification, # 4 Exhibit B- Loss Chart, # 5 Exhibit C- Notice, # 6 Exhibit D- Resume of Levi & Korsinsky, LLP)(Attorney Daniel A Osborn added to party Michael Konar(pty:bkmov))(Osborn, Daniel) (Entered: 03/23/2015) 03/23/ NOTICE of Interested Parties filed by movant Michael Konar, identifying Michael Konar. (Osborn, Daniel) (Entered: 03/23/2015) 03/23/ NOTICE OF LODGING filed Re Motion of Michael Konar for Consolidation of the Actions, Appointment as Lead Plaintiff, and Approval of Selection of Counsel re MOTION to Consolidate Cases, as to 15-cv-00636, 15-cv-683, 16 (Attachments: # 1 Proposed Order Re Motion of Michael Konar for Consolidation of the Actions, Appointment as Lead Plaintiff, and Approval of Selection of Counsel)(Osborn, Daniel) (Entered: 03/23/2015) 03/23/ NOTICE OF MOTION AND MOTION to Consolidate Cases, as to , , ,, MOTION for Appointment of Counsel and Appointment of Lead Plaintiff filed by movant Nancy Fox. Motion set for hearing on 4/20/2015 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Proposed Order)(Attorney David E Bower added to party Nancy Fox(pty:mov))(Bower, David) (Entered: 03/23/2015) 03/23/ MEMORANDUM in Support of MOTION to Consolidate Cases, as to , , , MOTION for Appointment of Counsel and Appointment of Lead Plaintiff 19 filed by Nancy Fox. (Bower, David) (Entered: 03/23/2015) 03/23/ DECLARATION of David E. Bower in support of MOTION to Consolidate Cases, as to
7 15-426, , , MOTION for Appointment of Counsel and Appointment of Lead Plaintiff 19 filed by Nancy Fox. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Bower, David) (Entered: 03/23/2015) 03/23/ NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 2:15-cv-00636; and 2:15-cv-00683,, MOTION for Appointment of Counsel and Appointment oflead Plaintiffs filed by s Peter Phan, Paul Poon. Motion set for hearing on 4/20/2015 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Memorandum, # 2 Declaration of Frank J. Johnson with Exhibits A-D, # 3 Proposed Order, # 4 Proof of Service)(Attorney Frank J Johnson added to party Peter Phan(pty:mov), Attorney Frank J Johnson added to party Paul Poon(pty:mov))(Johnson, Frank) (Entered: 03/23/2015) 03/23/ NOTICE OF MOTION AND MOTION to Consolidate Cases, MOTION for Appointment of Counsel and Appointment of Lead Plaintiff Patrick W. Orman, Cong B. He. (Attachments: # 1 Proposed Order)(Attorney Jeremy A Lieberman added to party Patrick W. Orman(pty:bkmov), Attorney Jeremy A Lieberman added to party Cong B. He(pty:bkmov))(Lieberman, Jeremy) (Entered: 03/23/2015) 03/23/ MEMORANDUM in Support of MOTION to Consolidate Cases MOTION for Appointment of Counsel and Appointment of Lead Plaintiff 23 filed by s Cong B. He, Patrick W. Orman. (Lieberman, Jeremy) (Entered: 03/23/2015) 03/23/ DECLARATION in Support of MOTION to Consolidate Cases MOTION for Appointment of Counsel and Appointment of Lead Plaintiff 23 filed by s Cong B. He, Patrick W. Orman. (Attachments: # 1 Exhibit A - Press Release, # 2 Exhibit B - Certifications, # 3 Exhibit C - Loss Chart, # 4 Exhibit D - Firm Resume)(Lieberman, Jeremy) (Entered: 03/23/2015) 03/30/ OPPOSITION to MOTION to Consolidate Cases, as to , , , MOTION for Appointment of Counsel and Appointment of Lead Plaintiff 19, MOTION to Consolidate Cases, as to 15-cv-00636, 15-cv-683, 16, MOTION for Appointment of Counsel The Rosen Law Firm, P.A. and Appointment of Lead Plaintiff MOTION to Consolidate Cases 13, MOTION to Consolidate Cases MOTION for Appointment of Counsel and Appointment of Lead Plaintiff 23 and Memorandum of Points and Authorities in Further Support of Phan's and Poon's Motion filed by s Peter Phan, Paul Poon. (Attachments: # 1 Declaration of Frank Johnson in Opposition with Ex. 1, # 2 Proof of Service)(Johnson, Frank) (Entered: 03/30/2015) 03/31/ SCHEDULING NOTICE by Judge Beverly Reid O'Connell re: MOTIONS to Consolidate Cases and MOTIONS for Appointment of Counsel and Appointment of Lead Plaintiff , 23. The Court, on its own motion, continues the hearing on the motions to 4/27/2015 at 01:30 PM before Judge Beverly Reid O'Connell. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY (Entered: 03/31/2015) 04/06/ MEMORANDUM in Opposition to MOTION to Consolidate Cases, as to 2:15-cv-00636; and 2:15-cv-00683, MOTION for Appointment of Counsel and Appointment of Lead Plaintiffs 22, MOTION to Consolidate Cases, as to , , , MOTION for Appointment of Counsel and Appointment of Lead Plaintiff 19, MOTION to Consolidate Cases, as to 15-cv-00636, 15-cv-683, 16, MOTION for Appointment of Counsel The Rosen Law Firm, P.A. and Appointment of Lead Plaintiff MOTION to Consolidate Cases 13 filed by s Cong B. He, Patrick W. Orman. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B)(Lieberman, Jeremy) (Entered: 04/06/2015)
8 04/10/ STATUS REPORT filed by Plaintiff Josh Crystal. (Johnson, Frank) (Entered: 04/10/2015) 04/13/ NOTICE OF NON-OPPOSITION to MOTION to Consolidate Cases MOTION for Appointment of Counsel and Appointment of Lead Plaintiff 23 filed by s Cong B. He, Patrick W. Orman. (Lieberman, Jeremy) (Entered: 04/13/2015) 04/13/ REPLY in Support of MOTION to Consolidate Cases, as to 2:15-cv-00636; and 2:15-cv , MOTION for Appointment of Counsel and Appointment of Lead Plaintiffs 22 filed by s Peter Phan, Paul Poon. (Johnson, Frank) (Entered: 04/13/2015) 04/14/ NOTICE OF NON-OPPOSITION of Huglo Colindres to Competing Lead Plaintiff Motions filed by Hugo Colindres. (Rosen, Laurence) (Entered: 04/14/2015) 04/23/ MINUTES (IN CHAMBERS) ORDER RE: MOTIONS FOR CONSOLIDATION AND APPOINTMENT OFLEAD PLAINTIFF by Judge Beverly Reid O'Connell: The Court GRANTS Plaintiffs' motions for consolidation. The Court also GRANTS Plaintiffs Phan and Poon's motion for appointment as lead plaintiffs and DENIES the motions for appointment as lead plaintiff filed by Plaintiffs Colindres, Konar, Fox, and Orman and He. (jp) (Entered: 04/23/2015) 04/30/ MINUTES (IN CHAMBERS) by Judge Beverly Reid O'Connell: Pursuant to Federal Rule of Civil Procedure 42(a), the Court previously consolidated CV BRO (JEMx), CV BRO (JEMx) and CV BRO (JEMx) for all purposes, including trial 33. For ease of record keeping, the court orders that all further documents and proceedings occur under Case No. CV BRO (JEMx) and that Case No., CV BRO (JEMx) and CV BRO (JEMx) are to be closed. Counsel are directed to file all further documents under Case No. CV BRO (JEMx) only. The documents should utilize the caption of the original filed case to which they relate. Court Reporter: Not Present. (gk) (Entered: 04/30/2015) 05/06/ ORDER RE: CONSOLIDATED CLASS ACTION COMPLAINT by Judge Beverly Reid O'Connell. Plaintiffs are now ORDERED to file a consolidated class action complaint in this matter by no later than Monday, May 27, s must then file a responsive pleading by no later than Monday, June 22, IT IS SO ORDERED. (jloz) (Entered: 05/07/2015) 05/14/ APPLICATION to Continue Scheduling Order re Consolidated Complaint filed by Lead Plaintiffs Peter Phan, Paul Poon. (Attachments: # 1 Declaration of Shawn E. Fields, # 2 Proposed Order)(Johnson, Frank) (Entered: 05/14/2015) 05/20/ (Attorney Eric M Kennedy added to party Pejman Vincent Mehdizadeh(pty:dft))(Kennedy, Eric) (Entered: 05/20/2015) 05/20/ (Attorney Daniel Friedman Lula added to party Pejman Vincent Mehdizadeh(pty:dft))(Lula, Daniel) (Entered: 05/20/2015) 05/20/ (Attorney Leilani Elizabeth Livingston added to party Pejman Vincent Mehdizadeh(pty:dft))(Livingston, Leilani) (Entered: 05/20/2015) 05/20/ (Attorney Rhianna S Hughes added to party Pejman Vincent I Mehdizadeh(pty:dft))(Hughes, Rhianna) (Entered: 05/20/2015) 05/21/ NOTICE OF NON-OPPOSITION APPLICATION to Continue Scheduling Order re Consolidated Complaint 36 filed by Consol Plaintiffs Peter Phan, Paul Poon. (Johnson, Frank) (Entered: 05/21/2015)
9 05/26/ ORDER by Judge Beverly Reid O'Connell: The Court ORDERS as follows:the Application is GRANTED. Within 60 days from the date the Court grants this Application, Lead Plaintiffs shall file and serve a consolidated complaint, or designate an operative complaint (the Complaint) 36 (rfi) (Entered: 05/26/2015) 06/02/ PROOF OF SERVICE Executed by Plaintiff Josh Crystal, upon Thomas Iwanski served on 5/16/2015, answer due 6/6/2015. Service of the Summons and Complaint were executed upon JOHN DOE, CO-TENANT in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy. Original Summons NOT returned. (Johnson, Frank) (Entered: 06/02/2015) 06/03/ PROOF OF SERVICE Executed by Plaintiff Josh Crystal, upon Douglas Mitchell served on 5/22/2015, answer due 6/12/2015. Service of the Summons and Complaint were executed upon DOUGLAS MITCHELL, PERSONALLY in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (Johnson, Frank) (Entered: 06/03/2015) 06/05/ PROOF OF SERVICE Executed by Plaintiff Josh Crystal, upon Pejman Vincent Mehdizadeh served on 5/19/2015, answer due 6/9/2015. Service of the Summons and Complaint were executed upon PEJMAN VINCENT MEHDIZADEH in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (Johnson, Frank) (Entered: 06/05/2015) 06/15/ PROOF OF SERVICE Executed by Plaintiff Josh Crystal, upon Guy Marsala served on 6/7/2015, answer due 6/28/2015. Service of the Summons and Complaint were executed upon Guy Marsala in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (Johnson, Frank) (Entered: 06/15/2015) Note: Links in this docket are stored in the PACER system ( Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at
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