U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 3:14-cv CAB-BGS

Transcription

1 US District Court Civil Docket as of April 21, 2016 Retrieved from the court on April 21, 2016 U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 3:14-cv CAB-BGS Patel et al v. Axesstel, Inc. et al Assigned to: Judge Cathy Ann Bencivengo Referred to: Magistrate Judge Bernard G. Skomal Cause: 15:0078 Plaintiff Amish Patel Date Filed: 04/24/2014 Date Terminated: 10/23/2015 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Casey Edwards Sadler Glancy Prongay & Murray LLP 1925 Century Park East Suite 2100 (310) Fax: (310) Michael M Goldberg Goldberg Law PC 3700 The Strand Manhattan Beach, CA Fax: michael@goldberglawpc.com TERMINATED: 08/03/2015 Peter Arthur Binkow Glancy Prongay and Murray LLP 1925 Century Park East Suite 2100 (310) info@glancylaw.com Robert Vincent Prongay Glancy Prongay & Murray LLP

2 1925 Century Park East Suite 2100 (310) Fax: (310) Plaintiff Jesse Cowan Individually and on Behalf of All Others Similarly Situated represented by Lionel Z Glancy Glancy Prongay & Murray LLP 1925 Century Park East Suite 2100 (310) Fax: (310) info@glancylaw.com Peter Arthur Binkow Robert Vincent Prongay Casey Edwards Sadler V. Defendant Axesstel, Inc. represented by Bridget J. Russell Sheppard Mullin Richter and Hampton LLP 1901 Avenue of the Stars Suite 1600 (310) Fax: (310) brussell@sheppardmullin.com

3 Defendant John P Stigi, III Sheppard Mullin Richter & Hampton 1901 Avenue of the Stars Suite 1600 (310) Fax: (310) jstigi@sheppardmullin.com H. Clark Hickock represented by Bridget J. Russell John P Stigi, III Defendant Patrick Gray represented by Bridget J. Russell John P Stigi, III Date Filed # Docket Text 04/24/ COMPLAINT with Jury Demand against All Defendants ( Filing fee $400 receipt number ), filed by Jesse Cowan. The new case number is 3:14-cv-1037-CAB-BGS. Judge Cathy Ann Bencivengo and Magistrate Judge Bernard G. Skomal are assigned to the case. (Glancy, Lionel)(dlg) (av1). (Entered: 04/24/2014) 04/24/ Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dlg) (av1). (Entered: 04/24/2014) 05/29/ WAIVER OF SERVICE Returned Executed by Jesse Cowan, as to Axesstel, Inc., Patrick Gray, H. Clark Hickock. (Glancy, Lionel)(yeb). (Entered: 05/29/2014) 06/17/ Joint MOTION To Set Pleading And Briefing Schedule by Axesstel, Inc., Patrick Gray, H. Clark Hickock. (Russell, Bridget)Attorney Bridget J. Russell added to party Axesstel,

4 Inc.(pty:dft), Attorney Bridget J. Russell added to party Patrick Gray(pty:dft), Attorney Bridget J. Russell added to party H. Clark Hickock(pty:dft) (yeb). (Entered: 06/17/2014) 06/18/ MINUTE ORDER: On June 17, 2014, the parties filed a Joint Motion to Set Pleading and Briefing Schedule [Doc. No. 4 ]. The motion fails to explain why good cause exists for the entry of such a schedule. Accordingly, the Court hereby sets a telephonic conference for June 19, 2014 at 2:00 p.m. before Judge Cathy Ann Bencivengo to discuss the motion and the relief the parties seek. Counsel for Plaintiff is instructed to initiate the joint conference call into Judge Bencivengos chambers. It is so ordered.(yeb) (Entered: 06/18/2014) 06/19/ Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Telephonic Scheduling Conference held on 6/19/2014 (in chambers).(plaintiff Attorney Lionel Glancy). (Defendant Attorney Bridget Russell). (no document attached) (lmh) (Entered: 06/20/2014) 06/23/ MOTION to Appoint Counsel [Notice of Motion and Motion of Amish Patel for Appointment as Lead Plaintiff and Approval of Lead Counsel] by Amish Patel. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Michael Goldberg, # 3 Exhibit A to Declaration - Press Release, # 4 Exhibit B to Declaration - Movant Certification, # 5 Exhibit C to Declaration - Loss Chart, # 6 Exhibit D to Declaration - Firm Resume)(Goldberg, Michael)Attorney Michael M Goldberg added to party Amish Patel(pty:mov)(yeb). (Entered: 06/23/2014) 07/18/ NON Opposition re 7 MOTION to Appoint Counsel [Notice of Motion and Motion of Amish Patel for Appointment as Lead Plaintiff and Approval of Lead Counsel] filed by Axesstel, Inc., Patrick Gray, H. Clark Hickock. (Russell, Bridget)(yeb). (Entered: 07/18/2014) 07/22/ ORDER granting in part 4 Joint Motion to Set Pleading and Briefing Schedule; granting 7 Motion to Appoint Counsel. It is so ordered The Court appoints Amish Patel as Lead Plaintiff and approves Glancy Binkow & Goldberg LLP as lead counsel for the putative class. It is further ordered that the parties Joint Motion to Set Pleading and Briefing Schedule [Doc. No. 4 ] is granted in part. Lead Plaintiff Patel shall file an amended complaint, or file and serve a written notice his intent not to do so, on or before September 22, Signed by Judge Cathy Ann Bencivengo on 0722/2014. (yeb) (Entered: 07/23/2014) 07/29/ NOTICE of Appearance by Casey Edwards Sadler on behalf of Amish Patel (Sadler, Casey)Attorney Casey Edwards Sadler added to party Amish Patel(pty:pla) (yeb). (Entered: 07/29/2014) 08/19/ Joint MOTION to Continue Pleading and Briefing Schedule by Amish Patel. (Sadler, Casey) (yeb). (Entered: 08/19/2014) 08/19/ MINUTE ORDER: The Court, having considered the parties Joint Motion to Continue Pleading and Briefing Schedule [Doc. No. 11 ], does not find good cause for the requested extension of deadlines. Accordingly, the Motion is denied, and the deadlines from the Courts July 22, 2014 Order shall remain in effect. It is so ordered. (yeb) (Entered: 08/19/2014) 09/22/ AMENDED COMPLAINT with Jury Demand [Amended Class Action Complaint for Violations of the Federal Securities Laws] against Axesstel, Inc., Patrick Gray, H. Clark Hickock, filed by Jesse Cowan, Amish Patel. (Sadler, Casey) (cxl). (Entered: 09/22/2014) 09/23/ NOTICE of Appearance by John P Stigi, III on behalf of Axesstel, Inc., Patrick Gray, H.

5 Clark Hickock (Stigi, John)Attorney John P Stigi, III added to party Axesstel, Inc.(pty:dft), Attorney John P Stigi, III added to party Patrick Gray(pty:dft), Attorney John P Stigi, III added to party H. Clark Hickock(pty:dft) (cxl). (Entered: 09/23/2014) 11/04/ Joint MOTION for Order to Set Remaining Pleading and Briefing Schedule by Amish Patel. (Sadler, Casey) (cxl). (Entered: 11/04/2014) 11/06/ MOTION to Dismiss for Failure to State a Claim by Axesstel, Inc.. (Attachments: # 1 Memo of Points and Authorities)(Russell, Bridget) (cxl). (Entered: 11/06/2014) 11/10/ ORDER Granting Joint Motion to Set Remaining Pleading and Briefing Schedule (Doc. No. 15 ). Upon consideration of the parties' Joint Motion to Set Remaining Pleading and Briefing Schedule (Doc. No. 15 ), it is hereby ordered that the Motion is granted. Plaintiff shall file an opposition to Defendants' motion to dismiss (Doc. No. 16 ) no later than December 22, Defendant(s) shall file any reply no later than January 23, Signed by Judge Cathy Ann Bencivengo on 11/10/2014. (cxl) (Entered: 11/10/2014) 12/22/ RESPONSE in Opposition re 16 MOTION to Dismiss for Failure to State a Claim filed by Amish Patel. (Sadler, Casey) (cxl). Modified text on 12/29/2014 to edit filer to Amish Patel per chambers(cxl). (Entered: 12/22/2014) 01/20/ Joint MOTION To Extend Briefing Schedule and Vacate Hearing Date by Axesstel, Inc., Patrick Gray, H. Clark Hickock. (Stigi, John) (cxl). (Entered: 01/20/2015) 01/20/ MINUTE ORDER: On January 20, 2015, the parties filed a joint motion to extend the briefing schedule on the pending motion to dismiss and to vacate the January 30, 2015 hearing on said motion (Doc. No. 19 ). The joint motion is granted in part. Specifically, Defendants may have until January 30, 2015, to file their reply brief, and the January 30, 2015, hearing is vacated. (cxl) (Entered: 01/21/2015) 01/30/ REPLY - Other re 16 MOTION to Dismiss for Failure to State a Claim REPLY IN FURTHER SUPPORT OF DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' AMENDED CLASS ACTION COMPLAINT filed by Axesstel, Inc., Patrick Gray, H. Clark Hickock. (Stigi, John) (cxl). (Entered: 01/30/2015) 02/13/ ORDER denying Defendants' 16 Motion to Dismiss for Failure to State a Claim. Signed by Judge Cathy Ann Bencivengo on 2/13/2015. (jah) (Entered: 02/13/2015) 02/23/ Joint MOTION for Extension of Time to File Response/Reply To Lead Plaintiff's Amended Complaint by Axesstel, Inc., Patrick Gray, H. Clark Hickock. (Attachments: # 1 Proposed Order)(Stigi, John) qc re: proposed order not to be efiled; Modified on 2/24/2015 (cxl). (Entered: 02/23/2015) 02/24/ ORDER Denying Motion for Three Week Extension to Answer Amended Complaint (Doc. No. 23 ). The joint motion is denied. However, to account for the time this motion for an extension was pending, Defendants may have until March 2, 2015 to file their answers. Signed by Judge Cathy Ann Bencivengo on 2/24/2015. (cxl) (Entered: 02/24/2015) 03/02/ DEFENDANT'S ANSWER to 13 Amended Complaint by H. Clark Hickock, Axesstel, Inc., Patrick Gray.(Stigi, John) Modified text on 3/3/2015 to correct spelling of "defendant's" (cxl). (Entered: 03/02/2015) 03/02/ NOTICE AND ORDER for Early Neutral Evaluation Conference: Early Neutral Evaluation set for 4/14/2015 at 9:30 AM before Magistrate Judge Bernard G. Skomal.

6 Signed by Magistrate Judge Bernard G. Skomal on 3/2/2015.(rlu) (Entered: 03/02/2015) 03/20/ Joint MOTION to Vacate 26 Notice and Order for Early Neutral Evaluation conference and Reschedule ENE by Axesstel, Inc.. (Stigi, John) (cxl). (Entered: 03/20/2015) 03/26/ ORDER Granting Joint Motion to Reschedule April 14, 2015 Early Neutral Evaluation Conference to April 28, Early Neutral Evaluation Conference shall be rescheduled to April 28, 2015 at 9:30 a.m. All other dates and deadlines, including the date to submit settlement statements remain as previously set. Signed by Magistrate Judge Bernard G. Skomal on 3/26/2015. (cxl) (Entered: 03/26/2015) 04/03/ JOINT DISCOVERY PLAN by Axesstel, Inc., Patrick Gray, H. Clark Hickock and Case Management Statement (Stigi, John) (cxl). (Entered: 04/03/2015) 04/24/ Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: The parties called to inform the Court that they have agreed to resolve the matter. Accordingly, the ENE and CMC are VACATED. The Court further ORDERS Plaintiff to file a Motion for Preliminary Approval of the Class Action Settlement no later than JUNE 19, 2015.(no document attached) (asz) (Entered: 04/24/2015) 05/04/ NOTICE by Jesse Cowan, Amish Patel of Firm Name Change (Prongay, Robert)Attorney Robert Vincent Prongay added to party Jesse Cowan(pty:pla), Attorney Robert Vincent Prongay added to party Amish Patel(pty:pla) (cxl). (Entered: 05/04/2015) 06/10/ MOTION for Settlement [Notice of Unopposed Motion and Motion for Entry of Order Preliminarily Approving Settlement and Establishing Notice Procedures] by Jesse Cowan, Amish Patel. (Attachments: # 1 Memo of Points and Authorities In Support of Motion, # 2 Declaration of Casey E. Sadler)(Sadler, Casey) (cxl). (Entered: 06/10/2015) 06/19/ ORDER Preliminarily Approving Settlement and Providing for Notice of Proposed Settlement (Doc. No. 32 ). The Settlement Hearing shall be held before this Court on October 15, 2015, at 2:00 p.m. Signed by Judge Cathy Ann Bencivengo on 6/19/2015. (cxl) (Entered: 06/19/2015) 07/03/ NOTICE of Inapplicability of 15 U.S.C by Axesstel, Inc. re 33 Order on Motion for Settlement (Stigi, John) Modified text on 7/6/2015 (cxl). (Entered: 07/03/2015) 07/07/ ORDER Re Compliance with 28 U.S.C. 1715(b). In light of the plain language of the statute and supporting caselaw, and the lack of any authority to the contrary from Defendants, the Court holds that the notice requirements of 28 U.S.C. 1715(b) apply to the settlement of this case. Accordingly, it is hereby ORDERED that on or before July 16, 2015, counsel for either the Settlement Class or Defendants shall file a sworn affidavit confirming that the notice requirements of 28 U.S.C. 1715(b) have been satisfied. Signed by Judge Cathy Ann Bencivengo on 7/7/2015.(cxl) (Entered: 07/07/2015) 07/16/ AFFIDAVIT re 35 Order,, CONFIRMING THAT THE NOTICE REQUIREMENTS OF 28 U.S.C. 1715(b) HAVE BEEN SATISFIED by Defendants Axesstel, Inc., Patrick Gray, H. Clark Hickock. (Attachments: # 1 Exhibit 1 though 5, # 2 Exhibit 6 though 50, # 3 Exhibit 51 through 107)(Russell, Bridget) (cxl). (Entered: 07/16/2015) 08/03/ NOTICE by Jesse Cowan, Amish Patel of Withdrawal of Michael M. Goldberg as Counsel (Prongay, Robert) (cxl). (Entered: 08/03/2015) 08/28/ DECLARATION of Carole K. Sylvester by Plaintiffs Jesse Cowan, Amish Patel. (Attachments: # 1 Exhibit A - Notice of Proposed Settlement, # 2 Exhibit B - Proof of

7 Claim and Release, # 3 Exhibit C - Letter, # 4 Exhibit D - Affidavit of Publication)(Sadler, Casey) (cxl). (Entered: 08/28/2015) 09/10/ MOTION for Settlement [Notice of Motion and Motion for Final Approval of the Proposed Settlement, Class Certification and the Plan of Allocation] by Jesse Cowan, Amish Patel. (Attachments: # 1 Memo of Points and Authorities)(Prongay, Robert) (cxl). (Entered: 09/10/2015) 09/10/ MOTION for Attorney Fees [Notice of Motion and Motion for an Award of Attorneys' Fees and Expenses, and Reimbursement of Lead Plaintiff's Costs and Expenses] by Jesse Cowan, Amish Patel. (Attachments: # 1 Memo of Points and Authorities)(Prongay, Robert) (cxl). (Entered: 09/10/2015) 09/10/ DECLARATION re 40 MOTION for Attorney Fees [Notice of Motion and Motion for an Award of Attorneys' Fees and Expenses, and Reimbursement of Lead Plaintiff's Costs and Expenses], 39 MOTION for Settlement [Notice of Motion and Motion for Final Approval of the Proposed Settlement, Class Certification and the Plan of Allocation] by Plaintiffs Jesse Cowan, Amish Patel. (Attachments: # 1 Exhibit 1 - Notice Mailing Declaration, # 2 Exhibit 2 - Cornerstone Analysis, # 3 Exhibit 3 - Glancy Firm Resume, # 4 Exhibit 4 - Lodestar Chart, # 5 Exhibit 5 - Table of Expenses, # 6 Exhibit 6 - Chart of Billing Rates, # 7 Exhibit 7 - Patel Declaration)(Prongay, Robert) (cxl). (Entered: 09/10/2015) 09/25/ NON Opposition re 40 MOTION for Attorney Fees [Notice of Motion and Motion for an Award of Attorneys' Fees and Expenses, and Reimbursement of Lead Plaintiff's Costs and Expenses] filed by Axesstel, Inc., Patrick Gray, H. Clark Hickock. (Stigi, John) (cxl). (Entered: 09/25/2015) 10/05/ REPLY to Response to Motion re 39 MOTION for Settlement [Notice of Motion and Motion for Final Approval of the Proposed Settlement, Class Certification and the Plan of Allocation], 40 MOTION for Attorney Fees [Notice of Motion and Motion for an Award of Attorneys' Fees and Expenses, and Reimbursement of Lead Plaintiff's Costs and Expenses] filed by Jesse Cowan, Amish Patel. (Attachments: # 1 Exhibit 1 - Declaration of Carole K. Sylvester, # 2 Exhibit 2 - Final Judgment and Order)(Prongay, Robert) (cxl). (Entered: 10/05/2015) 10/13/ MINUTE ORDER: To aid the parties in their preparation for the hearing scheduled for October 15, 2015, the Court attaches its tentative order on the pending motion for final approval of the settlement and motion for attorney's fees. Counsel are instructed to provide at the hearing the total amount paid to the claims administrator for the Court to insert in the blank at line 26 of page 14 in the attached tentative order. (Attachments: # 1 Tentative Order)(cxl) (Entered: 10/13/2015) 10/13/ NOTICE of Appearance by Peter Arthur Binkow on behalf of Jesse Cowan, Amish Patel (Binkow, Peter)Attorney Peter Arthur Binkow added to party Jesse Cowan(pty:pla), Attorney Peter Arthur Binkow added to party Amish Patel(pty:pla) (cxl). (Entered: 10/13/2015) 10/15/ Minute Order for proceedings held before Judge Cathy Ann Bencivengo:Settlement Conference and Motion Hearing held on 10/15/2015 re 39 MOTION for Final Approval of the Proposed Settlement, Class Certification and the Plan of Allocation filed by Amish Patel, Jesse Cowan and 40 MOTION for an Award of Attorneys' Fees and Expenses, and Reimbursement of Lead Plaintiff's Costs and Expenses filed by Amish Patel, Jesse Cowan. Motions are submitted and Order to follow. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Peter Binkow).(Defendant Attorney John Stigi). (no document

8 attached) (lmh) (Entered: 10/15/2015) 10/23/ FINAL APPROVAL OF CLASS SETTLEMENT AND AWARD OF ATTORNEYS' FEES. Signed by Judge Cathy Ann Bencivengo on 10/23/2015. (Attachments: # 1 Settlement Agreement)(cxl) (Entered: 10/23/2015) 04/05/ MOTION for Disbursement of Funds by Jesse Cowan, Amish Patel. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Nashira McCoy)(Sadler, Casey) (cxl). (Entered: 04/05/2016) 04/20/ RESPONSE to Motion re 48 MOTION for Disbursement of Funds filed by Axesstel, Inc.. (Stigi, John) (kas). (Entered: 04/20/2016) 04/21/ ORDER granting 48 Motion for the Distribution of the Net Settlement Fund. Signed by Judge Cathy Ann Bencivengo on 4/21/16. (kas) (Entered: 04/21/2016) 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