US District Court Civil Docket as of June 3, 2013 Retrieved from the court on June 3, 2013 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA (Southern Division - Santa Ana) CIVIL DOCKET FOR CASE #: 8:10-cv-00242-CJC-MLG Michael Kronk v. Landwin Group LLC et al Assigned to: Judge Cormac J. Carney Referred to: Magistrate Judge Marc L. Goldman Related Cases: 8:10-cv-00344-CJC-MLG 2:10-cv-02398-CJC-MLG 8:11-cv-00007-CJC-MLG Case in other court: 9th CCA, 11-56191 Cause: 28:1331 Fed. Question Plaintiff Michael Kronk on behalf of himself and all others similarly situated Date Filed: 03/01/2010 Date Terminated: 06/27/2011 Jury Demand: Plaintiff Nature of Suit: 160 Stockholders Suits Jurisdiction: Federal Question represented by Andrew M Wyatt Law Offices of Andrew M Wyatt 20750 Ventura Boulevard Suite 440 Woodland Hills, CA 91364 818-710-3813 Fax: 818-710-1938 Email: wyattlawyers@gmail.com V. Landwin Group LLC Sylvia Inc represented by Paul S Sigelman Sigelman Law 433 North Camden Drive Suite 970 Beverly Hills, CA 90210 310-278-8011 Fax: 310-278-2254 Email: sigelmanlaw@aol.com LEAD ATTORNEY represented by Richard A Schirtzer Quinn Emanuel Urquhart & Sullivan LLP 865 South Figueroa Street 10th Floor Los Angeles, CA 90017 213-443-3111
Fax: 213-443-3100 Email: richardschirtzer@quinnemanuel.com LEAD ATTORNEY Molly C Stephens Quinn Emanuel Urquhart and Sullivan LLP 865 South Figueroa Street 10th Floor Los Angeles, CA 90017 213-443-3000 Fax: 213-443-3100 Email: mollystephens@quinnemanuel.com Smithdennison Capital LLC represented by Deborah K Perlman Perlman Law Inc 433 N Camden Drive Suite 970 Beverly Hills, CA 90210 310-551-0155 Fax: 310-859-0097 Email: deborah@perlmanlawoffices.com Paul S Sigelman Stanton Lee Phillips Stanton Lee Phillips Law Offices 433 N Canden Dr Suite 970 Beverly Hills, CA 90210 310-859-9900 Email: stan@slphillipslaw.com Jack R Andrew and Associates LLC NHB Family Partners LC CPP Properties LLC represented by Deborah K Perlman
Paul S Sigelman Stanton Lee Phillips Muir LLC represented by Deborah K Perlman Paul S Sigelman Stanton Lee Phillips Marshall Reddick Realty Inc Marshall Reddick Seminars Inc Commercial Real Estate Properties LLC Marshall Reddick Commercial Real Estate Networks Inc represented by Amy W Lewis Stone Rosenblatt Cha Main Plaza 21550 Oxnard Street Suite 200 Woodland Hills, CA 91367 818-999-2232 Fax: 818-999-2269 Email: alewis@srclaw.com Kristi Weiler Dean Stone Cha and Dean LLP Main Plaza 21600 Oxnard Street Suite 200 Woodland Hills, CA 91367 818-999-2332 Fax: 818-999-2269
Email: kdean@stonedeanlaw.com Sean Dennison represented by Deborah K Perlman Paul S Sigelman Stanton Lee Phillips Martin Landis represented by Richard A Schirtzer LEAD ATTORNEY Molly C Stephens Jack Andrews Norman Bangerter Tom Casault represented by Deborah K Perlman Paul S Sigelman Stanton Lee Phillips Chris Parnass represented by Deborah K Perlman
Paul S Sigelman Stanton Lee Phillips Marshall Reddick represented by Kristi Weiler Dean DOES 1 through 10, inclusive Date Filed # Docket Text 03/01/2010 1 COMPLAINT against s Jack Andrews, Norman Bangerter, CPP Properties LLC, Tom Casault, Commercial Real Estate Properties LLC, DOES, Sean Dennison, Jack R Andrew and Associates LLC, Martin Landis, Landwin Group LLC, Marshall Reddick Commercial Real Estate Networks Inc, Marshall Reddick Realty Inc, Marshall Reddick Seminars Inc, Muir LLC, NHB Family Partners LC, Chris Parnass, Marshall Reddick, Smithdennison Capital LLC and Sylvia Inc. Case assigned to Judge Cormac J. Carney for all further proceedings. Discovery referred to Magistrate Judge Marc L. Goldman.(Filing fee $ 350 Paid) Jury Demanded. Filed by Plaintiff Michael Kronk.(lwag) (Entered: 03/02/2010) 03/01/2010 21 DAY Summons Issued re Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1 as to s Jack Andrews, Norman Bangerter, CPP Properties LLC, Tom Casault, Commercial Real Estate Properties LLC, Sean Dennison, Jack R Andrew and Associates LLC, Martin Landis, Landwin Group LLC, Marshall Reddick Commercial Real Estate Networks Inc, Marshall Reddick Realty Inc, Marshall Reddick Seminars Inc, Muir LLC, NHB Family Partners LC, Chris Parnass, Marshall Reddick, Smithdennison Capital LLC and Sylvia Inc. (lwag) (Entered: 03/02/2010) 03/01/2010 2 NOTICE of Interested Parties filed by Plaintiff Michael Kronk. (lwag) (Entered: 03/02/2010) 03/01/2010 3 NOTICE of Related Case(s) filed by Plaintiff Michael Kronk. Related Case(s): None. (lwag) (Entered: 03/02/2010) 04/23/2010 4 NOTICE of order granting preliminary injunction to stay proceedings in the state courts filed by s Marshall Reddick Commercial Real Estate Networks Inc, Marshall Reddick Realty Inc, Marshall Reddick Seminars Inc, Marshall Reddick. (Dean, Kristi) (Entered: 04/23/2010)
04/23/2010 5 NOTICE OF FILING BANKRUPTCY filed by s Marshall Reddick Commercial Real Estate Networks Inc, Marshall Reddick Realty Inc, Marshall Reddick Seminars Inc, Marshall Reddick. (Dean, Kristi) (Entered: 04/23/2010) 04/29/2010 6 First STIPULATION for Extension of Time to File Response as to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1 filed by Landwin Group LLC. (Attachments: # 1 Proposed Order)(Sigelman, Paul) (Entered: 04/29/2010) 05/03/2010 7 ORDER by Judge Cormac J. Carney granting Stipulation for Extension of Time to File Response/Reply 6 ; defendant Landwin Group LLC answer due 5/17/2010 (rla) (Entered: 05/04/2010) 05/06/2010 8 FIRST STIPULATION Extending Time to Answer the complaint as to Marshall Reddick Commercial Real Estate Networks Inc answer now due 5/26/2010, filed by Marshall Reddick Commercial Real Estate Networks Inc.(Dean, Kristi) (Entered: 05/06/2010) 05/17/2010 9 NOTICE OF MOTION AND MOTION to Strike Complaint filed by CPP Properties LLC, Tom Casault, Sean Dennison, Muir LLC, Chris Parnass, Smithdennison Capital LLC. Motion set for hearing on 8/16/2010 at 01:30 PM before Judge Cormac J. Carney. (Perlman, Deborah) (Entered: 05/17/2010) 05/17/2010 10 MEMORANDUM in Support of MOTION to Strike Complaint 9 filed by s CPP Properties LLC, Tom Casault, Sean Dennison, Muir LLC, Chris Parnass, Smithdennison Capital LLC. (Perlman, Deborah) (Entered: 05/17/2010) 05/17/2010 11 DECLARATION of Stanton Lee Phillips in support of MOTION to Strike Complaint 9 filed by s CPP Properties LLC, Tom Casault, Sean Dennison, Muir LLC, Chris Parnass, Smithdennison Capital LLC. (Perlman, Deborah) (Entered: 05/17/2010) 05/19/2010 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Strike Complaint 9. The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (rrp) (Entered: 05/19/2010) 05/19/2010 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration (Motion related) 11. The following error(s) was found: Case number is incorrect. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (rrp) (Entered: 05/19/2010) 05/20/2010 14 Certification of Interested Parties filed by s CPP Properties LLC, Tom Casault, Sean Dennison, Muir LLC, Chris Parnass, Smithdennison Capital LLC, identifying Sean Dennison, SmithDennison Capital LLC, Tom Casault, Muir LLC, Chris Parnass, CPP Properties LLC. (Perlman, Deborah) (Entered: 05/20/2010)
05/26/2010 15 STIPULATION for Extension of Time to File Answer to 06/25/2010 filed by Marshall Reddick Commercial Real Estate Networks Inc. (Attachments: # 1 Proposed Order)(Dean, Kristi) (Entered: 05/26/2010) 05/30/2010 16 DECLARATION re Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1 SWORN CERTIFICATION OF MICHAEL KRONK IN SUPPORT OF BEING APPOINTED LEAD PLAINTIFF PURSUANT TO PSLRA SECTION 27 filed by Plaintiff Michael Kronk. (Wyatt, Andrew) (Entered: 05/30/2010) 06/01/2010 18 ORDER by Judge Cormac J. Carney granting Stipulation to Extend Time to Respond to Initial Complaint 15 : MARSHALL REDDICK COMMERCIAL REAL ESTATE NETWORK, INC. (MRCREN) shall have up to and including June 25, 2010. (rla) (Entered: 06/02/2010) 06/02/2010 17 (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Cormac J. Carney RE STAY IN LIGHT OF NOTICE OF ORDER GRANTING PRELIMINARY INJUNCTION TO STAY PROCEEDINGS IN THE STATE COURTS: The Court ORDERS plaintiff to show cause in writing no later than June 16, 2010, why this action should not be STAYED as to all defendants in light of Marshall Reddick's Notice of Order Granting Preliminary Injunction to Stay Proceedings in the State Courts filed on April 23, 2010. (rla) (Entered: 06/02/2010) 06/16/2010 19 DECLARATION of Andrew M. Wyatt IN OPPOSITION TO THE ORDER TO SHOW CAUSE WHY THE ENTIRE ACTION SHOULD NOT BE STAYED IN LIGHT OF DEFENDANT MARSHALL REDDICKS NOTICE OF ORDER GRANTING PRELIMINARY INJUNCTION TO STAY PROCEEDINGS IN STATE COURT FILED ON APRIL 23, 2010 filed by Plaintiff Michael Kronk. (Wyatt, Andrew) (Entered: 06/16/2010) 06/16/2010 20 First EX PARTE APPLICATION for Hearing Response to Court Order OSC filed by CPP Properties LLC, Tom Casault, Sean Dennison, Muir LLC, Chris Parnass, Smithdennison Capital LLC.(Perlman, Deborah) (Entered: 06/16/2010) 06/24/2010 21 STIPULATION for Extension of Time to File Answer to July 30, 2010 filed by Marshall Reddick Commercial Real Estate Networks Inc. (Attachments: # 1 Proposed Order)(Dean, Kristi) (Entered: 06/24/2010) 06/25/2010 22 ORDER granting Stipulation to Extend Time to Answer (More than 30 days) 21, defendant Marshall Reddick Commercial Real Estate Networks Inc answer due 7/30/2010 by Judge Cormac J. Carney (ade) (Entered: 06/28/2010) 07/14/2010 23 MINUTES OF IN CHAMBERS ORDER held before Judge Cormac J. Carney, DISCHARGING ORDER TO SHOW CAUSE 17 : (See document for details.) (rla) (Entered: 07/14/2010) 07/28/2010 24 NOTICE Publication of Early Notice To Class Of Class Action Lawsuit filed by plaintiff Michael Kronk. (Attachments: # 1 Exhibit Exhibit 1 - Press Release)(Wyatt, Andrew) (Entered: 07/29/2010) 07/29/2010 25 STIPULATION for Extension of Time to File Answer to August 7, 2010 re Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1 filed by Marshall Reddick Commercial Real Estate Networks Inc. (Attachments: # 1 Proposed Order)(Dean, Kristi) (Entered: 07/29/2010)
07/30/2010 26 OPPOSITION IN OPPOSITION TO re: MOTION to Strike Complaint 9 filed by Plaintiff Michael Kronk. (Wyatt, Andrew) (Entered: 07/30/2010) 08/02/2010 27 REPLY reply in support MOTION to Strike Complaint 9 filed by Sean Dennison. (Sigelman, Paul) (Entered: 08/02/2010) 08/03/2010 28 AMENDED DOCUMENT filed by s CPP Properties LLC, Tom Casault, Sean Dennison, Muir LLC, Chris Parnass, Smithdennison Capital LLC. Amendment to Reply (Motion related) 27 GRAMMATICAL CORRECTIONS ONLY (Phillips, Stanton) (Entered: 08/03/2010) 08/05/2010 29 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Document (Non-Motion) 28. The following error(s) was found: Document linked incorrectly to the wrong document or docket entry.incorrect event selected. The correct event is: Amendment (motion related). In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (twdb) (Entered: 08/05/2010) 08/09/2010 30 ORDER granting Stipulation to Extend Time to Answer 25 : Marshall Reddick Commercial Real Estate Networks Inc answer due 8/7/2010 by Judge Cormac J. Carney. (rla) (Entered: 08/09/2010) 08/10/2010 31 MINUTES (IN CHAMBERS) ORDER by Judge Cormac J. Carney Granting s' Motion to Strike With Leave to Amend 9. Mr. Kronk has twenty days leave to amend his complaint consistent with this order. s have twenty days thereafter to file a responsive pleading. (db) (Entered: 08/11/2010) 08/27/2010 32 AMENDED DOCUMENT filed by Plaintiff Michael Kronk. Amendment to Summons Issued,, First Amended Class Action Complaint (Attachments: # 1 Declaration Sworn Certiciation of Michael Kronk In Support of Filing of First Amended Class Action Complaint, # 2 Exhibit Exhbit To Swon Declaration of Michael Kronk)(Wyatt, Andrew) (Entered: 08/27/2010) 08/29/2010 33 NOTICE NOTICE OF PUBLICATION OF EARLY NOTICE TO CLASS OF CLASS ACTION LAWSUIT filed by plaintiff Michael Kronk. (Attachments: # 1 Exhibit Business Wire Notice To Class Members)(Wyatt, Andrew) (Entered: 08/29/2010) 09/01/2010 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Document (Non-Motion), 32. The following error(s) was found: Other error(s) with document(s) are specified below. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (twdb) (Entered: 09/01/2010) 10/11/2010 35 NOTICE OF MOTION AND MOTION to Certify Appointment of Lead Plaintiff and Lead Plaintiff's Selection of Lead Counsel filed by plaintiff Michael Kronk. Motion set for hearing on 11/8/2010 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration Of Andrew M. Wyatt In Support of Motion
Appointing Lead Plaintiff and Lead Plaintiff's Selection of Lead Counsel)(Wyatt, Andrew) (Entered: 10/11/2010) 10/11/2010 36 EXHIBIT A to MOTION to Certify Appointment of Lead Plaintiff and Lead Plaintiff's Selection of Lead Counsel 35 filed by Plaintiff Michael Kronk. (Wyatt, Andrew) (Entered: 10/11/2010) 10/11/2010 37 EXHIBIT B to MOTION to Certify Appointment of Lead Plaintiff and Lead Plaintiff's Selection of Lead Counsel 35 filed by Plaintiff Michael Kronk. (Attachments: # 1 Exhibit Landwin Management LLC Certificate of Ownership)(Wyatt, Andrew) (Entered: 10/11/2010) 10/11/2010 38 EXHIBIT C to MOTION to Certify Appointment of Lead Plaintiff and Lead Plaintiff's Selection of Lead Counsel 35 filed by Plaintiff Michael Kronk. (Wyatt, Andrew) (Entered: 10/11/2010) 10/11/2010 39 PROPOSED ORDER GRANTING APPOINTMENT OF LEAD PLAINTIFF AND LEAD PLAINTIFF'S SELECTION OF COUNSEL re MOTION to Certify Appointment of Lead Plaintiff and Lead Plaintiff's Selection of Lead Counsel 35 filed by Plaintiff Michael Kronk. (Wyatt, Andrew) (Entered: 10/11/2010) 10/11/2010 40 EXHIBIT D to MOTION to Certify Appointment of Lead Plaintiff and Lead Plaintiff's Selection of Lead Counsel 35 filed by Plaintiff Michael Kronk. (Wyatt, Andrew) (Entered: 10/11/2010) 10/15/2010 41 NOTICE OF MOTION AND MOTION for Sanctions Rule 11, or Alternatively, Pursuant to 28 USC Section 1927 and/or the court's inherent authority filed by defendant Marshall Reddick. Motion set for hearing on 11/8/2010 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Dean, Kristi) (Entered: 10/15/2010) 10/16/2010 42 OPPOSITION IN OPPOSITION re: MOTION for Sanctions Rule 11, or Alternatively, Pursuant to 28 USC Section 1927 and/or the court's inherent authority 41 filed by Plaintiff Michael Kronk. (Attachments: # 1 Declaration Declaration of Andrew M. Wyatt In Opposition to Motion for Sanctions, # 2 Exhibit (1) Bankruptcy Court Tentative Ruling, # 3 Exhibit (2) James Deaver Letter, # 4 Exhibit (3) Chapter 11 Disclosure Statement Excerpt, # 5 Exhibit (4) 2009 Chapter 11 Bankruptcy Case List, # 6 Exhibit (5) 2010 Chapter 11 Revised Creditors List, # 7 Exhibit (6) 5-5-10 Email From Amy Lewis, # 8 Exhibit (7) 5-24-10 Letter From Amy Lewis, # 9 Exhibit (8) 5-27-10 Email To Amy Lewis, # 10 Exhibit (9) 8-30-10 Email From Amy Lewis, # 11 Exhibit (10) 8-31-10 Letter From Amy Lewis, # 12 Exhibit (11) 8-31-10 Letter To Amy Lewis)(Wyatt, Andrew) (Entered: 10/16/2010) 10/18/2010 43 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit to Motion 40, Exhibit to Motion 36, Exhibit to Motion 38. The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (rrp) (Entered: 10/18/2010)
11/01/2010 44 REPLY MOTION for Sanctions Rule 11, or Alternatively, Pursuant to 28 USC Section 1927 and/or the court's inherent authority 41 filed by Marshall Reddick. (Dean, Kristi) (Entered: 11/01/2010) 11/02/2010 45 MINUTES (IN CHAMBERS): ORDER by Judge Cormac J. Carney: denying 41 Motion for Sanctions. Accordingly, the hearing set for 11/08/10, at 1:30 p.m. is hereby vacated and off calendar. (See document for details.) (rla) (Entered: 11/02/2010) 11/08/2010 46 MINUTES OF Motion Hearing held before Judge Cormac J. Carney re Plaintiff's Motion for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Selection of Counsel. Motion hearing held. Court and counsel confer. Court grants Plaintiffs motion for appointment of lead plaintiff and approval of lead plaintiffs selection of counsel. Final order to be issued. Court Reporter: Maria Dellaneve. (db) (Entered: 11/08/2010) 11/08/2010 47 ORDER by Judge Cormac J. Carney Granting Plaintiff's Motion for Appointment as Lead Plaintiff and Approval of Lead Counsel. Mr. Kronks motion for appointment as lead plaintiff and for approval of Mr. Wyatt as lead counsel for this putative class action is GRANTED. (db) (Entered: 11/09/2010) 11/15/2010 48 NOTICE OF MOTION AND MOTION to Certify Class filed by plaintiff Michael Kronk. Motion set for hearing on 12/20/2010 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration Michael Kronk Declaration, # 2 Exhibit Private(1) Placement Memorandum, # 3 Exhibit (2) 1-31-08 Press Release, # 4 Exhibit (3) SEC Filing, # 5 Exhibit (4) 7-28-06 Email, # 6 Exhibit (5) 10-31-08 Business Valuation, # 7 Exhibit (6) 7-5-07 Email, # 8 Exhibit (7) 2-4-08 Tom Casault Email, # 9 Exhibit (8) 3-1-08 Letter, # 10 Exhibit (9) 9-26-08 Letter, # 11 Exhibit (10) 5-13-09 Sean Dennision Email, # 12 Exhibit (11) 10-13-09 Sean Dennison Letter)(Wyatt, Andrew) (Entered: 11/15/2010) 11/18/2010 49 STIPULATION for Hearing re MOTION to Certify Class 48, Amended Document (Non-Motion), Amended Document (Non-Motion) 32 filed by defendants Martin Landis, Sylvia Inc. (Attachments: # 1 Proposed Order)(Stephens, Molly) (Entered: 11/18/2010) 11/22/2010 50 ORDER by Judge Cormac J. Carney, regarding Motion Schedule. It Is Ordered that Martin Landis and Sylvia, Inc., along with The Landwin Group, LLC, SmithDennison Capital, LLC, CPP Properties, LLC, Muir, LLC, Sean Dennison, Tom Casault, and Chris Parnass, shall file motions to dismiss the First Amended Complaint, and/or other responsive pleadings, on or before December 20, 2010, to be set for hearing on January 24, 2011 49. The hearings re Motion originally scheduled have been rescheduled( Motion set for hearing on 1/24/2011 at 01:30 PM before Judge Cormac J. Carney.) (twdb) (Entered: 11/22/2010) 11/23/2010 51 Corrected STIPULATION for Hearing re MOTION to Certify Class 48, Amended Document (Non-Motion), Amended Document (Non-Motion) 32 filed by defendants Martin Landis, Sylvia Inc. (Attachments: # 1 Proposed Order)(Stephens, Molly) (Entered: 11/23/2010) 11/29/2010 52 ORDER regarding motion schedule by Judge Cormac J. Carney, re Stipulation for Hearing 49. The hearings re Motion for Class Certification originally scheduled
have been rescheduled( Motion set for hearing on 1/31/2011 at 01:30 PM before Judge Cormac J. Carney.) (twdb) (Entered: 11/29/2010) 12/14/2010 53 STIPULATION to Exceed Page Limitation as to Motion to Dismiss filed by defendants Martin Landis, Sylvia Inc. (Attachments: # 1 Proposed Order)(Schirtzer, Richard) (Entered: 12/14/2010) 12/15/2010 54 ORDER by Judge Cormac J. Carney, PERMITTING MARTIN LANDIS and Sylvia, Inc. to file a Memorandum of Points and Authorities in Excess of 25 pages; re Stipulation to Exceed Page Limitation 53 (rla) (Entered: 12/15/2010) 12/20/2010 55 REQUEST FOR JUDICIAL NOTICE in Support of Motions to Dismiss and Motions to Strike the first Amended class action complaint filed by defendants Martin Landis, Sylvia Inc. (Attachments: # 1 Exhibit A-B, # 2 Exhibit C-F, # 3 Exhibit G-I)(Stephens, Molly) (Entered: 12/20/2010) 12/20/2010 56 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint and Brief in Support filed by s CPP Properties LLC, Tom Casault, Sean Dennison, Muir LLC, Chris Parnass, Smithdennison Capital LLC. Motion set for hearing on 1/31/2011 at 01:30 PM before Judge Cormac J. Carney. (Sigelman, Paul) (Entered: 12/20/2010) 12/20/2010 57 JOINDER in MOTION to Dismiss First Amended Complaint and Brief in Support 56 filed by Landwin Group LLC. (Sigelman, Paul) (Entered: 12/20/2010) 12/20/2010 58 JOINDER in MOTION to Dismiss First Amended Complaint and Brief in Support 56 filed by Landwin Group LLC. (Sigelman, Paul) (Entered: 12/20/2010) 12/20/2010 59 NOTICE of Association of Counsel associating attorney Paul Sigelman on behalf of s CPP Properties LLC, Tom Casault, Sean Dennison, Muir LLC, Chris Parnass, Smithdennison Capital LLC. Filed by s CPP Properties LLC, Tom Casault, Sean Dennison, Muir LLC, Chris Parnass, Smithdennison Capital LLC (Sigelman, Paul) (Entered: 12/20/2010) 12/20/2010 60 OF SERVICE filed by Landwin Group LLC, re MOTION to Dismiss First Amended Complaint and Brief in Support 56 served on 12/20/2010. (Sigelman, Paul) (Entered: 12/20/2010) 12/20/2010 61 OF SERVICE filed by s CPP Properties LLC, Tom Casault, Sean Dennison, Muir LLC, Chris Parnass, Smithdennison Capital LLC, re Notice of Association of Counsel, 59 served on 12/20/2010. (Sigelman, Paul) (Entered: 12/20/2010) 12/20/2010 62 OF SERVICE filed by Landwin Group LLC, re Notice of Association of Counsel, 59 served on 12/20/2010. (Sigelman, Paul) (Entered: 12/20/2010) 12/20/2010 63 OF SERVICE filed by Landwin Group LLC, re MOTION to Dismiss First Amended Complaint and Brief in Support 56 served on 12/20/2010. (Sigelman, Paul) (Entered: 12/20/2010) 12/20/2010 64 OF SERVICE filed by s CPP Properties LLC, Sean Dennison, Muir LLC, Chris Parnass, Smithdennison Capital LLC, re MOTION to Dismiss First Amended Complaint and Brief in Support 56 served on 12/20/2010. (Sigelman, Paul) (Entered: 12/20/2010)
12/20/2010 65 NOTICE OF MOTION AND MOTION to Dismiss First Amended Class Action Complaint filed by defendants Martin Landis, Sylvia Inc. Motion set for hearing on 1/31/2011 at 01:30 PM before Judge Cormac J. Carney. (Stephens, Molly) (Entered: 12/20/2010) 12/20/2010 66 NOTICE OF MOTION AND MOTION to Strike Portions of First Amended Class Action Complaint filed by defendants Martin Landis, Sylvia Inc. Motion set for hearing on 1/31/2011 at 01:30 PM before Judge Cormac J. Carney. (Stephens, Molly) (Entered: 12/20/2010) 01/03/2011 67 NOTICE OF MOTION AND MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 11(b) filed by s Martin Landis, Sylvia Inc. Motion set for hearing on 1/31/2011 at 01:30 PM before Judge Cormac J. Carney. (Stephens, Molly) (Entered: 01/03/2011) 01/03/2011 68 DECLARATION of Molly Stephens In Support Of MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 11(b) 67 filed by s Martin Landis, Sylvia Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Stephens, Molly) (Entered: 01/03/2011) 01/03/2011 69 OF SERVICE filed by s Martin Landis, Sylvia Inc, re Declaration (Motion related), Declaration (Motion related) 68, MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 11(b) 67 served on December 13, 2010. (Stephens, Molly) (Entered: 01/03/2011) 01/09/2011 70 MEMORANDUM in Opposition to MOTION to Dismiss First Amended Class Action Complaint 65 filed by Plaintiff Michael Kronk. (Wyatt, Andrew) (Entered: 01/09/2011) 01/09/2011 71 MEMORANDUM in Opposition to MOTION to Strike Portions of First Amended Class Action Complaint 66 filed by Plaintiff Michael Kronk. (Wyatt, Andrew) (Entered: 01/09/2011) 01/09/2011 72 MEMORANDUM in Opposition to MOTION to Dismiss First Amended Complaint and Brief in Support 56 filed by Plaintiff Michael Kronk. (Wyatt, Andrew) (Entered: 01/09/2011) 01/10/2011 73 MEMORANDUM in Opposition to MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 11(b) 67 filed by Plaintiff Michael Kronk. (Wyatt, Andrew) (Entered: 01/10/2011) 01/10/2011 74 DECLARATION of Molly Stephens in Opposition to MOTION to Certify Class 48 filed by s Martin Landis, Sylvia Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Stephens, Molly) (Entered: 01/10/2011) 01/10/2011 75 Opposition re: MOTION to Certify Class 48 filed by s Martin Landis, Sylvia Inc. (Stephens, Molly) (Entered: 01/10/2011) 01/10/2011 76 DECLARATION of Paul Sigelman in Opposition to MOTION to Certify Class 48 filed by s Martin Landis, Sylvia Inc. (Attachments: # 1 Exhibit A)(Stephens, Molly) (Entered: 01/10/2011)
01/11/2011 77 NOTICE OF MOTION AND MOTION for Joinder in Objection/Opposition (Motion related) 75 filed by s Tom Casault, Sean Dennison, Landwin Group LLC, Muir LLC, Chris Parnass, Smithdennison Capital LLC. Motion set for hearing on 1/31/2011 at 01:30 PM before Judge Cormac J. Carney. (Sigelman, Paul) (Entered: 01/11/2011) 01/12/2011 78 STIPULATION for Extension of Time to File Replies in Support of Pending Motions filed by defendants Martin Landis, Sylvia Inc. (Attachments: # 1 Proposed Order)(Stephens, Molly) (Entered: 01/12/2011) 01/13/2011 79 ORDER REGARDING FILING REPLIES by Judge Cormac J. Carney. The Court, after consideration of the concurrently filed Stipulation Regarding Filing Replies 78, and for good cause shown, HEREBY ORDERS THAT: Replies in support of the pending Motion for Class Certification, Motions to Dismiss, Motion to Strike, and Motion for Sanctions shall remain due on January 17, 2011, despite the court holiday, and shall be filed and served on January 17, 2011 via the CM/ECF system. (dro) (Entered: 01/13/2011) 01/14/2011 80 REPLY In Support Of MOTION to Certify Class 48 filed by Plaintiff Michael Kronk. (Wyatt, Andrew) (Entered: 01/14/2011) 01/17/2011 81 REPLY reply in support MOTION to Dismiss First Amended Complaint and Brief in Support 56 filed by Sean Dennison. (Sigelman, Paul) (Entered: 01/17/2011) 01/17/2011 82 REPLY in Support of MOTION to Dismiss First Amended Class Action Complaint 65 filed by s Martin Landis, Sylvia Inc. (Stephens, Molly) (Entered: 01/17/2011) 01/17/2011 83 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss First Amended Class Action Complaint 65 filed by defendants Martin Landis, Sylvia Inc. (Attachments: # 1 Exhibit A)(Stephens, Molly) (Entered: 01/17/2011) 01/17/2011 84 REPLY in Support of MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 11(b) 67 filed by s Martin Landis, Sylvia Inc. (Stephens, Molly) (Entered: 01/17/2011) 01/17/2011 85 DECLARATION of Richard A. Schirtzer in Support of MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 11(b) 67 filed by s Martin Landis, Sylvia Inc. (Stephens, Molly) (Entered: 01/17/2011) 01/17/2011 86 REPLY in Support of MOTION to Strike Portions of First Amended Class Action Complaint 66 filed by s Martin Landis, Sylvia Inc. (Stephens, Molly) (Entered: 01/17/2011) 01/24/2011 87 SUPPLEMENT to MOTION to Dismiss First Amended Class Action Complaint 65 REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Michael Kronk. (Attachments: # 1 Exhibit Landwin Management SEC Form D Filing Dated 10/21/2005)(Wyatt, Andrew) (Entered: 01/24/2011) 01/28/2011 88 MINUTES (IN CHAMBERS): by Judge Cormac J. Carney: granting 56 Motion to Dismiss ; granting 65 Motion to Dismiss ; denying 66 Motion to Strike. For the foregoing reasons, s motions to dismiss are GRANTED WITH LEAVE TO AMEND. s motion to strike is DENIED as moot. Mr. Kronk has
twenty days to file his Second Amended Complaint. s shall have twenty days thereafter to file a responsive pleading. (twdb) (Entered: 01/28/2011) 01/28/2011 89 MINUTES (IN CHAMBERS): by Judge Cormac J. Carney: denying 48 Motion to Certify Class Action. Accordingly, the hearing set for 1/31/11 at 1:30 p.m. is hereby vacated and off calendar. (twdb) (Entered: 01/28/2011) 01/28/2011 90 MINUTES (IN CHAMBERS): by Judge Cormac J. Carney: denying 67 Motion for Sanctions. Accordingly, the hearing set for 1/31/11 at 1:30 p.m. is hereby vacated and off calendar. (twdb) (Entered: 01/28/2011) 02/16/2011 91 AMENDED DOCUMENT filed by Plaintiff Michael Kronk. 2nd Amended Complaint For Damages (Wyatt, Andrew) (Entered: 02/16/2011) 02/16/2011 92 EXHIBIT Filed filed by Plaintiff Michael Kronk. Exhibits 1-20 Attachment to 2nd Amended Complaint as to Amended Document (Non-Motion) 91. (Wyatt, Andrew) (Entered: 02/16/2011) 02/17/2011 93 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Document (Non-Motion) 91. The following error(s) was found: Other error(s) with document(s) are specified below. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. Complaints (such as third-party complaints, amended complaints, complaints in intervention, counterclaims and cross-claims) and other civil case initiating documents shall be filed, in duplicate, fees paid, and summons issued and served in the traditional manner rather than electronically. (db) (Entered: 02/17/2011) 03/03/2011 94 STIPULATION for Extension of Time to File Motions to Dismiss and/or Other Responsive Pleadings filed by defendants Martin Landis, Sylvia Inc. (Attachments: # 1 Proposed Order)(Stephens, Molly) (Entered: 03/03/2011) 03/03/2011 95 ORDER by Judge Cormac J. Carney, REGARDING BRIEFING SCHEDULE AND PAGE LIMITS re Stipulation 94 : The Court ORDERS THAT: 1. s The Landwin Group, LLC; Sylvia, Inc.; SmithDennison Capital, LLC; CPP Properties, LLC; Muir, LLC; Sean Dennison; Martin Landis; Tom Casault; Chris Parnass; and Marshall Reddick (collectively, s) shall file motions to dismiss the Second Amended Complaint (SAC) and/or other responsive pleadings on or before March 28, 2011. 2. Plaintiff shall file oppositions to the motions to dismiss and/or other responsive pleadings on or before April 25, 2011. (See document for further details.) 6. Plaintiff shall be permitted to file a single opposition to the motion to dismiss filed by Martin Landis and Sylvia, Inc. not to exceed 35 pages. (rla) (Entered: 03/04/2011) 03/28/2011 96 NOTICE OF MOTION AND MOTION for Sanctions Pursuant to Rule 11 filed by s Martin Landis, Sylvia Inc. Motion set for hearing on 6/6/2011 at 01:30 PM before Judge Cormac J. Carney. (Stephens, Molly) (Entered: 03/28/2011) 03/28/2011 97 NOTICE of Manual Filing filed by s Martin Landis, Sylvia Inc of Declaration of Sean Dennison in Support of Motion for Sanctions. (Stephens, Molly) (Entered: 03/28/2011)
03/28/2011 98 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Marshall Reddick. Motion set for hearing on 6/6/2011 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Request for Judicial Notice in support of motions to dismiss plaintiff's second amended class action complaints)(dean, Kristi) (Entered: 03/28/2011) 03/28/2011 99 DECLARATION of Molly Stephens in Support of MOTION for Sanctions Pursuant to Rule 11 96 filed by s Martin Landis, Sylvia Inc. (Attachments: # 1 Exhibit A-Part 1, # 2 Exhibit A-Part 2)(Stephens, Molly) (Entered: 03/28/2011) 03/28/2011 100 OF SERVICE filed by s Martin Landis, Sylvia Inc, re Notice of Manual Filing (G-92) 97, MOTION for Sanctions Pursuant to Rule 11 96, Declaration (Motion related) 99 served on March 7, 2011. (Stephens, Molly) (Entered: 03/28/2011) 03/28/2011 101 DECLARATION of Sean Dennison in Support of Motion for Sanctions 96 filed by s Martin Landis and Sylvia Inc. (lwag) (Entered: 03/28/2011) 03/28/2011 102 NOTICE OF MOTION AND MOTION for Joinder in MOTION to Dismiss Case 98 filed by s Tom Casault, Sean Dennison, Landwin Group LLC, Chris Parnass, Smithdennison Capital LLC. Motion set for hearing on 6/6/2011 at 01:30 PM before Judge Cormac J. Carney. (Sigelman, Paul) (Entered: 03/28/2011) 03/28/2011 103 CERTIFICATE OF SERVICE filed by s Tom Casault, Sean Dennison, Landwin Group LLC, Chris Parnass, Smithdennison Capital LLC, re MOTION for Joinder in MOTION to Dismiss Case 98 MOTION for Joinder in MOTION to Dismiss Case 98 102 served on March 28, 2011. (Sigelman, Paul) (Entered: 03/28/2011) 03/28/2011 104 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendants Martin Landis, Sylvia Inc. Motion set for hearing on 6/6/2011 at 01:30 PM before Judge Cormac J. Carney. (Stephens, Molly) (Entered: 03/28/2011) 03/28/2011 105 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 104 filed by defendants Martin Landis, Sylvia Inc. (Stephens, Molly) (Entered: 03/28/2011) 04/25/2011 106 OPPOSITION IN OPPOSITION TO re: MOTION to Dismiss Case 104 Landis Motion To Dismiss filed by Plaintiff Michael Kronk. (Wyatt, Andrew) (Entered: 04/25/2011) 04/25/2011 107 OPPOSITION IN OPPOSITION TO re: MOTION for Sanctions Pursuant to Rule 11 96 Landis Motion For Sanctions filed by Plaintiff Michael Kronk. (Attachments: # 1 Declaration Michael Kronk Declaration, # 2 Exhibit Email Dated 10-708, # 3 Supplement Objections To Sean Dennison Declaration)(Wyatt, Andrew) (Entered: 04/25/2011) 04/25/2011 108 OPPOSITION IN OPPOSITION TO re: MOTION to Dismiss Case 98 Reddick Motion To Dismiss filed by Plaintiff Michael Kronk. (Wyatt, Andrew) (Entered: 04/25/2011) 05/06/2011 109 NOTICE OF MOTION AND MOTION to Certify Class Action filed by plaintiff Michael Kronk. Motion set for hearing on 6/20/2011 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration Andrew M. Wyatt Declaration In Support of Class Certification)(Wyatt, Andrew) (Entered: 05/06/2011)
05/16/2011 110 REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED CLASS ACTION COMPLAINT filed by Marshall Reddick. (Dean, Kristi) (Entered: 05/16/2011) 05/16/2011 111 REPLY in support of MOTION to Dismiss Case 104 filed by s Martin Landis, Sylvia Inc. (Stephens, Molly) (Entered: 05/16/2011) 05/16/2011 112 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 104 filed by defendants Martin Landis, Sylvia Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stephens, Molly) (Entered: 05/16/2011) 05/16/2011 113 REPLY in support of MOTION for Sanctions Pursuant to Rule 11 96 filed by s Martin Landis, Sylvia Inc. (Stephens, Molly) (Entered: 05/16/2011) 05/16/2011 114 DECLARATION of Molly Stephens in support of MOTION for Sanctions Pursuant to Rule 11 96 filed by s Martin Landis, Sylvia Inc. (Stephens, Molly) (Entered: 05/16/2011) 05/16/2011 115 RESPONSE IN SUPPORT of MOTION for Sanctions Pursuant to Rule 11 96 filed by s Martin Landis, Sylvia Inc. (Stephens, Molly) (Entered: 05/16/2011) 05/18/2011 116 JOINDER in MOTION to Dismiss Case 104 Joinder in Reply to Plaintiff's Opposition to Dismiss Second Amended Complaint filed by Smithdennison Capital LLC. (Attachments: # 1 certificate of service)(sigelman, Paul) (Entered: 05/18/2011) 05/26/2011 117 STIPULATION for Hearing re MOTION to Certify Class Action 109 filed by defendants Martin Landis, Sylvia Inc. (Attachments: # 1 Proposed Order)(Stephens, Molly) (Entered: 05/26/2011) 05/27/2011 118 ORDER by Judge Cormac J. Carney, re Stipulation Extending Hearing Date for Motion for Class Certification 117 : The Court ORDERS: 1. The hearing on the Motion for Class Certification will becontinued to July 25, 2011 at 1:30 p.m.; 2. s The Landwin Group, LLC; Sylvia, Inc.; SmithDennison Capital, LLC; CPP Properties, LLC; Muir, LLC; Sean Dennison; Martin Landis; Tom Casault; Chris Parnass; and Marshall Reddick (collectively, s) shall file oppositions to the Motion for Class Certification on or before July 4, 2011, notwithstanding the Court holiday. 3. Plaintiff shall file replies in support of his Motion for Class Certification on or before July 11, 2011. (rla) (Entered: 05/31/2011) 06/03/2011 119 MINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney: TAKING MOTIONS to DISMISS 98 and MOTION for SANCTIONS 96 Under Submission. Accordingly, the hearing set for June 6, 2011 at 1:30 p.m. is hereby vacated and off calendar. The Court takes this matter under submission and will issue a decision on s' motions to dismiss and motion for sanctions forthwith. (rla) (Entered: 06/03/2011) 06/07/2011 120 ORDER by Judge Cormac J. Carney: GRANTING IN SUBSTANTIAL PART DEFENDANTS' MOTIONS TO DISMISS: re: 98 Motion to Dismiss Case; 102 Motion for Joinder; 104 Motion to Dismiss Case. s' motions to dismiss are DENIED with respect to Mr. Kronk's claims for violations of California Corporations Code Section 25501.5 against Mr. Landis, Mr. Dennison, Mr. Casault,
Mr. Andrews and Mr. Reddick and for negligent referral against Mr. Reddick. (rla) (Entered: 06/07/2011) 06/07/2011 121 MINUTES (IN CHAMBERS): ORDER by Judge Cormac J. Carney: DENYING DEFENDANTS' MOTION FOR SANCTIONS 96. (See document for details.) (rla) (Entered: 06/07/2011) 06/07/2011 122 (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Cormac J. Carney: WHY THIS MATTER Should Not be Dismissed for Lack of Jurisdiction: Mr. Kronk shall file his opposition to this order to show cause within seven days from the date of this minute order. s shall have seven days thereafter to file a response. The matter shall stand submitted upon the receipt of s' response. (rla) (Entered: 06/08/2011) 06/27/2011 123 ORDER DISMISSING PLAINTIFFS COMPLAINT by Judge Cormac J. Carney: By order dated June 7, 2011 120, this Court granted s motion to dismiss Mr.Kronks federal claims, leaving only two state-law claims remaining in this action. The Court also issued an order to show cause to Mr. Kronk regarding the basis for this Courts jurisdiction over the remaining claims 122. Mr. Kronk did not respond to the Courts order. Accordingly, the Court declines to exercise its supplemental jurisdiction over the two remaining state-law claims pursuant to 28 U.S. 1367(c)(3) and DISMISSES this action for failure to comply with this Courts order. (Made JS-6. Case Terminated.) (mu) (Entered: 06/27/2011) 07/17/2011 124 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Michael Kronk. Appeal of Order on Motion to Dismiss Case, Order on Motion for Joinder,,,, 120, Order Dismissing Case, Terminated Case,,,, 123 (Appeal fee of $455 receipt number 0973-8946125 paid.) (Wyatt, Andrew) (Entered: 07/17/2011) 07/18/2011 125 NOTIFICATION by Circuit Court of Appellate Docket Number 11-56191, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 124 as to Plaintiff Michael Kronk. (cbr) (Entered: 07/19/2011) 02/21/2013 126 RECORD ON APPEAL sent to Circuit Court re: Appeal number 11-56191. The record consists of One bulky document, document number 101 re Notice of Appeal to 9th Circuit Court of Appeals 124. (dmap) (Entered: 02/21/2013) 05/31/2013 128 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 124, CCA # 11-56191. The judgment of the District Court is affirmed. Mandate received in this district on 5/31/13. (mat) Modified on 1/28/2014 (mat). (Entered: 06/04/2013) 06/03/2013 127 APPEAL RECORD RETURNED 1 bulky documents, Doc #101 from 9th CCA RE: Appeal Record Sent to USCA (A-26) 126 (mat) (Entered: 06/04/2013) 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 http://pacer.psc.uscourts.gov/pacerdesc.html