MINUTES OF IN CHAMBERS by Judge Dolly M. Gee: On 11/30/2022, the Court granted Defendant's motion to dismiss, and allowed Plaintiff leave to file a second amended complaint by 12/30/202242 . Plaintiff was also advised that failure to timely file an amended complaint would result in dismissal of the action. To date, Plaintiff has not filed an amended complaint and the time to do so has passed. Accordingly, good cause appearing, the Court DISMISSES this action for lack of prosecution. (Made JS-6. Case Terminated.) Court Reporter: Not Reported. (gk)
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ORDER RE APPLICATION FOR PERMISSION FOR ELECTRONIC FILING by Judge Dolly M. Gee: granting43 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (rolm)
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APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiff David A Martinez. (rolm)
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MINUTES (IN CHAMBERS) ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND by Judge Dolly M. Gee: The Court GRANTS Defendant's motion to dismiss ("MTD")30 and dismisses the First Amended Complaint ("FAC") with leave to amend as to Plaintiff David A. Martinez's individual claims.4 The claims of Plaintiff Five Star Tax Service, LLC are dismissed without prejudice pursuant to Local Rule 83-2.2 for failure to retain counsel. Plaintiff Martinez may file a second amended complaint by 12/30/2022. That second amended complaint will be subject to dismissal without leave to amend if it does not cure the deficiencies identified in this Order and provide a "short and plain statement" of the grounds for jurisdiction and an entitlement to relief in this Court. Defendant shall file its response within 21 days after the filing of the second amended complaint. Court Reporter: Not Reported. (gk)
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(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendants' Motion to Dismiss First Amended Complaint30 presently scheduled for hearing on August 5, 2022, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti)
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(IN CHAMBERS) ORDER by Judge Dolly M. Gee. Pursuant to Defendant's unopposed request, the motion hearing on August 5, 2022 at 9:30 a.m. shall take place by Zoom videoconference ("Zoom") and the clerk shall email the video link to the parties. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti)
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NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Dolly M. Gee, ORDERING Subpoena Request, submitted by Plaintiff David A Martinez, is not to be filed but instead rejected. Denial based on: The subpoena is rejected as premature. Parties are not permitted to seek discovery before the parties have conferred as required by Federal Rule of Civil Procedure 26(f). See Fed. R. Civ. P. 26(d). (gk)
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MEMORANDUM of Points and Authorities in Opposition to Motion to Dismiss Pursuant to FRCP: Related [+] 12(b)(6) Failure to State claim; 12(b)(2) Lack of Jurisdiction; 12(b)(3) Improper Venue; 12(e) More Definite Statement; 12(b)(5) Quash Service of Process; 12(b)(5) Insufficient Service of Process30 filed by Plaintiff David A Martinez. (gk)
Related: [-] newed Opposition
PROOF OF SERVICE filed by defendant Refund Advantage, re Response in Support of Motion36 served on 7-11-22. Related [+]
Related: [-] ynolds, Kenneth
RESPONSE IN SUPPORT of Second NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Complaint 30 filed by Defendant Refund Advantage. Related [+]
Related: [-] ynolds, Kenneth
MEMORANDUM of Points and Authorities in Opposition to Motion to Dismiss Pursuant to FRCP: 12(b)(6) Failure to State claim; 12(b)(2) Lack of Jurisdiction; 12(b)(3) Improper Venue; 12(e) More Definite Statement; 12(b)(5) Quash Service of Process; 12(b)(5) Insufficient Service of Process30 filed by Plaintiff David A Martinez. (gk)
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MEMORANDUM of Points and Authorities in Opposition to Motion to Dismiss Pursuant to FRCP: 12(b)(6) Failure to State claim; 12(b)(2) Lack of Jurisdiction; 12(b)(3) Improper Venue; 12(e) More Definite Statement; 12(b)(5) Quash Service of Process; 12(b)(5) Insufficient Service of Process30 filed by Plaintiff David A Martinez. (gk)
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(IN CHAMBERS) ORDER by Judge Dolly M. Gee. Pursuant to the Court's Initial Standing Order12 , motions are heard on Fridays at 9:30 a.m. Defendants' Motion to Dismiss First Amended Complaint30 is hereby continued from August 2, 2022 to August 5, 2022 at 9:30 a.m. Further non-compliance with the Court's procedures and Local Rules may result in sanctions. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti)
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ORDER TO DISMISS DEFENDANT DEBRA KENEMER FROM FIRST AMENDED COMPLAINT by Judge Dolly M. Gee, re Stipulation22 . (gk)
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PROOF OF SERVICE filed by defendant Refund Advantage, re Second NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Complaint 30 served on 6-30-22. Related [+]
Related: [-] ynolds, Kenneth
Second NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Complaint filed by defendant Refund Advantage. Motion set for hearing on 8/2/2022 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. Related [+]
Related: [-] ynolds, Kenneth
NOTICE OF LODGING Exhibits to Martinez A-V to Magistrate Judge Alicia G. Rosenberg filed by Plaintiff David A Martinez. (gk)
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Dismiss Party22 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. The proposed order is on page 2. 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. (gk)
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DECLARATION of KENNETH REYNOLDS in support of First NOTICE OF MOTION AND MOTION to Dismiss Case 22-CV-2646 17 Meet and Confer Declaration filed by Defendant Refund Advantage. Related [+]
Related: [-] ynolds, Kenneth
PROOF OF SERVICE filed by defendant Refund Advantage, re Amendment (Motion related)21 served on 6-17-22. Related [+]
Related: [-] ynolds, Kenneth
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amendment (Motion related)21 . The following error(s) was/were found: Lacking proof of service upon pro se party, F.R.Civ.P. 5. 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. (gk)
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Joint STIPULATION to Dismiss Debra Kenemer filed by defendant Debra Kenemer Related [+]
Related: [-] ynolds, Kenneth
MINUTES OF IN CHAMBERS - ORDER DENYING DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO COMPLY WITH LOCAL RULE 7-3 by Judge Dolly M. Gee: Due to Defendants' failure to comply with Local Rule 7-3, the Court DENIES Defendants Motion to Dismiss17 , without prejudice to renewal following compliance with the rule. The 7/19/2022 hearing is VACATED. Court Reporter: Not Reported. (gk)
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MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY THE CLAIMS OF FIVE STAR TAX SERVICE, LLC SHOULD NOT BE DISMISSED FOR FAILURE TO RETAIN COUNSEL by Judge Dolly M. Gee: Plaintiff Five Star Tax Service, LLC may not proceed, without an attorney. Five Star could lose its claims in this case if it does not hire a lawyer. Five Star shall file a notice of appearance of counsel by 7/29/2022. Failure to do so will result in the dismissal of Five Star's claims. Court Reporter: Not Reported. (gk)
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Amendment to First NOTICE OF MOTION AND MOTION to Dismiss Case 22-CV-2646 17 filed by Defendant Refund Advantage. Related [+]
Related: [-] ynolds, Kenneth
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First NOTICE OF MOTION AND MOTION to Dismiss Case 22-CV-2646 17 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Lacking statement re conference of counsel, pursuant to Local Rule 7-3. Proposed order not submitted pursuant to Local Rule 52-4.1. 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. (gk)
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(IN CHAMBERS) ORDER by Judge Dolly M. Gee.The Court hereby continues Defendants' Motion to Dismiss First Amended Complaint17 hearing from July 19, 2022 to July 29, 2022 at 9:30 to be heard before Judge Gee. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti)
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PROOF OF SERVICE filed by defendant Debra Kenemer, re First NOTICE OF MOTION AND MOTION to Dismiss Case 22-CV-2646 17 served on 6-15-22. Related [+]
Related: [-] ynolds, Kenneth
First NOTICE OF MOTION AND MOTION to Dismiss Case 22-CV-2646 filed by defendant Debra Kenemer. Motion set for hearing on 7/19/2022 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attorney Kenneth R Reynolds added to party Debra Kenemer(pty:dft)) Related [+]
Related: [-] ynolds, Kenneth
DECLARATION of Diligence as to Defendant Debra Kenemer filed by Plaintiffs Five Star Tax Service LLC, David A Martinez. (gk)
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DECLARATION OF SERVICE Executed by Plaintiffs Five Star Tax Service LLC, David A Martinez, upon Defendant Debra Kenemer served on 5/25/2022, answer due 6/15/2022. Service of the Summons and Amended Complaint were executed upon Kayla Wright - Operation Processor 3 in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy on 5/26/2022. Original Summons NOT returned.(gk)
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DECLARATION of Diligence as to Defendant Refund Advantage, a Division of Metabank, filed by Plaintiffs Five Star Tax Service LLC, David A Martinez. (gk)
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DECLARATION OF SERVICE Executed by Plaintiffs Five Star Tax Service LLC, David A Martinez, upon Defendant Refund Advantage, a division of metabank, served on 5/25/2022, answer due 6/15/2022. Service of the Summons and Amended Complaint were executed upon Kayla Wright - Operation Processor 3 in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy on 5/26/2022. Original Summons NOT returned. (gk)
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INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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21 DAY Summons Issued re Amended Complaint7 as to Defendants Debra Kenemer, Refund Advantage. (hr)
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ORDER by Magistrate Judge Alicia G. Rosenberg: granting3 ,9 REQUEST to Proceed in Forma Pauperis with Declaration in Support (CV-60). (hr)
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REQUEST to Proceed In Forma Pauperis filed by Plaintiff David A Martinez. (Attachment(s): #1 SEALED Attachment 1, #2 SEALED Attachment 2) (hr)
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MINUTES In Chambers: ORDER FOR FURTHER PROCEEDINGS ON REQUEST TO PROCEED IN FORMA PAUPERIS by Magistrate Judge Alicia G. Rosenberg, re: REQUEST to Proceed In Forma Pauperis3 . Absent any information about Mr. Martinez's income, this court cannot assess his eligibility for IFP status even assuming Plaintiff Five Star Tax Service LLC also files an application to proceed in forma pauperis. IT IS ORDERED that, on or before May 16, 2022: 1. Plaintiff Five Star Tax Service LLC shall either (1) file a request to proceed in forma pauperis or (2) pay one filing fee of $400. (see document for further details) (hr)
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Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh)
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NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
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NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Alicia G. Rosenberg. (lh)
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FIRST AMENDED COMPLAINT against Defendants Refund Advantage, Debra Kenemer; amending Complaint1 ; with Jury Demand filed by Plaintiffs Five Star Tax Service LLC, David A. Martinez. (gk)
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REQUEST to Proceed In Forma Pauperis with Declaration in Support filed by Plaintiff David A Martinez. (lh)
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CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff David A Martinez, (lh)
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COMPLAINT against Defendants Debra Kenemer, Refund Advantage. Case assigned to Judge Dolly M. Gee for all further proceedings. Discovery referred to Magistrate Judge Alicia G. Rosenberg. Jury Demanded, filed by Plaintiff David A Martinez. (lh)
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