Glazer et al v. The Private Residences at Ontario Place Condominium Assoc. et al
| Gerald Glazer and Julius Cherry |
| The Private Residences at Ontario Place Condominium Association, Ellen Gutiontov, Ellen Bischoff, Michael Lane, Samantha Lane, Malek Abdulsamad, Jason Bischoff and Sudler Property Management |
| Strategic Properties of North America, LLC and Saul Kuperwasser |
| 2:2021cv01770 |
| September 28, 2021 |
| U.S. District Court for the Eastern District of California |
| Deborah Barnes |
| Dale A Drozd |
| Troy L Nunley |
| Civil Rights: Accommodations |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 6, 2023. A more recent docket listing may be available from PACER.
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Filing 46
ORDER signed by District Judge Dale A. Drozd on 03/06/23 DENYING #45 Motion to Amend the Judgment, construed as Motion for Reconsideration of #45 02/03/23 Order. (Benson, A.)
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| Filing 45 MOTION to AMEND the JUDGMENT by Julius Cherry, Gerald Glazer. Motion Hearing set for 4/18/2023 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Allen, Emry) |
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Filing 44
JUDGMENT dated *02/03/2023* pursuant to order signed by District Judge Dale A. Drozd on 02/02/2023. (Spichka, K.)
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Filing 43
ORDER signed by District Judge Dale A. Drozd on 02/02/2023 GRANTING IN PART AND DENYING IN PART #15 Motion to Dismiss. Motion to Dismiss for lack of personal jurisdiction is GRANTED without leave to amend, Motion to Dismiss for lack of subject matter jurisdiction is DENIED and the remainder of the Motion to Dismiss is DENIED as having been rendered moot by this order. CASE CLOSED. (Spichka, K.)
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| Filing 42 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Nissen, Christopher) |
| Filing 41 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 1/3/2023: The Eastern District of California's overwhelming caseload has been well publicized, and the long-standing lack of adequate judicial resources in this district long ago reached crisis proportions. While that situation was partially addressed by the U.S. Senate's confirmation of district judges for two of this court's vacancies on December 17, 2021 and June 21, 2022, another vacancy on this court with only six authorized district judge positions was created on April 17, 2022 and remains unfilled. This crisis continues to have serious implications for this court and litigants appearing before it. Judge Drozd recently transferred to the Sacramento courthouse and was reassigned cases previously presided over by other district judges there. Unfortunately, the cases reassigned to Judge Drozd came with a substantial backlog of over 100 fully briefed motions, the majority of which have already been submitted for decision, including one or more motions currently pending in this case. A review of the docket in this action reflects that none of the parties have filed a completed [3-1] Consent / Decline of U.S. Magistrate Judge Jurisdiction form. Accordingly, the court urges the parties to file completed [3-1] forms as soon as possible. When completing the form, please specify which party or parties are completing the form. "Our Magistrate Judges play a critical role in providing essential access to justice, particularly in our overburdened court." (Doc. No. 3-1 at 2.) Indeed, "[c]onsenting to Magistrate Judge jurisdiction in civil cases may represent one of the best ways to secure 'just, speedy, and inexpensive determination' of your case, which is why we want to be sure you are fully aware of your right and ability to consent." (Id.) (quoting Fed. R. Civ. P. 1).(Buzo, P) |
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Filing 40
STANDING ORDER signed by District Judge Dale A. Drozd on 08/25/22. (Benson, A.)
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Filing 39
ORDER by Chief Judge Kimberly J. Mueller: The Court having considered the equitable division and efficient and economical determination of court business, hereby reassigns this case from District Judge *Troy L. Nunley* to * District Judge Dale A. Drozd* for all further proceedings. (Benson, A.)
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Filing 38
RELATED CASE ORDER signed by District Judge Troy L. Nunley on 06/14/2022 ORDERING that case 2:22-CV-00999-TLN-DB is RELATED to case 2:21-CV-01770-TLN-DB. (Rodriguez, E)
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| Filing 37 NOTICE of RELATED CASE(S) 2:22-cv-00999-KJM by Saul Kuperwasser, Strategic Properties of North America, LLC. Attorney White, Johnny added. (White, Johnny) |
| Filing 36 NOTICE OF LODGING DOCUMENT ELECTRONICALLY by All Defendants : Illinois Supreme Court Denial of Petition for Leave to Appeal in Support of Defendants' Motion to Dismiss Complaint. (Attachments: #1 Exhibit)(Nissen, Christopher) Modified on 6/2/2022 (Zignago, K.). |
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Filing 35
ORDER signed by District Judge Troy L. Nunley on 3/31/22 ORDERING that the parties shall meet and confer and prepare and submit a Joint Discovery Plan under Rule 26f within two weeks after the Court issues a ruling on the motion to dismiss (if the ruling is not dispositive). Discovery in this matter shall be STAYED until after the Parties submit a Joint Discovery Plan under Rule 26f. (Kastilahn, A)
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| Filing 34 STIPULATION and PROPOSED ORDER for Further Stay of Discovery and Rule 26F Conference pending Ruling on #15 Motion to Dismiss by All Defendants. (Attachments: #1 Proposed Order)(Nissen, Christopher) Modified on 3/31/2022 (Huang, H). |
| Filing 33 REPLY by Malek Abdulsamad, Ellen Bischoff, Jason Bischoff, Ellen Gutiontov, Michael Lane, Samantha Lane, Sudler Property Management, The Private Residences at Ontario Place Condominium Association to response to #15 Motion to Dismiss. (Nissen, Christopher) Modified on 3/4/2022 (Zignago, K.). |
| Filing 32 OPPOSITION by Julius Cherry, Gerald Glazer to #15 Motion to Dismiss. (Samuel, Peter) Modified on 2/24/2022 (Kaminski, H). |
| Filing 31 NOTICE of APPEARANCE by Emry James Allen on behalf of Julius Cherry. Attorney Allen, Emry James added. (Allen, Emry) |
| Filing 30 NOTICE of APPEARANCE by Emry James Allen on behalf of Gerald Glazer. Attorney Allen, Emry James added. (Allen, Emry) |
| Filing 29 NOTICE of APPEARANCE by Peter F. Samuel on behalf of Julius Cherry, Gerald Glazer. (Samuel, Peter) |
| Filing 28 NOTICE of APPEARANCE by Manolo H. Olaso on behalf of Julius Cherry, Gerald Glazer. Attorney Olaso, Manolo H. added. (Olaso, Manolo) |
| Filing 27 NOTICE of APPEARANCE by Johnny L. Griffin, III on behalf of Julius Cherry, Gerald Glazer. Attorney Griffin, Johnny L. added. (Griffin, Johnny) |
| Filing 26 NOTICE OF LODGING PUBLISHED APPELLATE COURT DECISION in Support of Defendants' Motion to Dismiss Complaint (Attachments: #1 Exhibit 1)(Nissen, Christopher) |
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Filing 25
PRO HAC VICE ORDER signed by District Judge Troy L. Nunley on 02/10/2022 GRANTING #18 Application for Pro Hac Vice. Added attorney Jason Brett Hirsh, PHV for Malek Abdulsamad, Jason Bischoff, Ellen Gutiontov, Michael Lane, Samantha Lane, Sudler Property Management, The Private Residences at Ontario Place Condominium Association. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Rodriguez, E)
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Filing 24
PRO HAC VICE ORDER signed by District Judge Troy L. Nunley on 02/10/2022 GRANTING #17 Application for Pro Hac Vice. Added attorney Laura Lau Marinelli, PHV for Malek Abdulsamad, Jason Bischoff, Ellen Gutiontov, Michael Lane, Samantha Lane, Sudler Property Management, The Private Residences at Ontario Place Condominium Association. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Rodriguez, E)
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| Filing 23 CORPORATE DISCLOSURE STATEMENT by Defendant Sudler Property Management. (Nissen, Christopher) |
| Filing 22 CORPORATE DISCLOSURE STATEMENT by Defendant The Private Residences at Ontario Place Condominium Association. (Nissen, Christopher) |
| Filing 21 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 1/31/2022: On the Court's own motion, Defendants' Motion to Dismiss (ECF No. #15 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 3/10/2022 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. All briefing shall be filed in accordance with Local Rule 230(c) and (d) and the 3/10/2022 date. (TEXT ONLY ENTRY) (Krueger, M) |
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Filing 20
ORDER signed by District Judge Troy L. Nunley on 1/25/2022 STAYING DISCOVERY until 3/31/2022 and DIRECTING the parties to meet and confer and prepare and submit a Joint Discovery Plan under Rule 26f within two weeks after the Court rules on the motion to dismiss if the ruling is not dispositive. (Coll, A)
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| Filing 19 STIPULATION and PROPOSED ORDER to Stay Discovery by Malek Abdulsamad, et al., (Attachments: #1 Proposed Order)(Nissen, Christopher) Modified on 1/26/2022 (Benson, A.). |
| Filing 18 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Defendants for attorney Jason Brett Hirsh to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10031259) (Nissen, Christopher) Modified on 1/20/2022 (Mena-Sanchez, L). |
| Filing 17 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Defendants for attorney Laura Lau Marinelli to appear Pro Hac Vice. (Filing fee $ 225, receipt number BCAEDC-10031210) (Nissen, Christopher) Modified on 1/20/2022 (Mena-Sanchez, L). |
| Filing 16 NOTICE OF LODGING Appellate Court Ruling re: Motion to Dismiss. (Nissen, Christopher) Modified on 1/19/2022 (Mena-Sanchez, L). |
| Filing 15 MOTION to DISMISS by Malek Abdulsamad et al. Motion Hearing set for 3/10/2022 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Nissen, Christopher) Modified on 12/17/2021 (Coll, A). |
| Filing 14 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on December 14, 2021: On December 13, 2021, the parties filed a Stipulation to Extend Page Limit of Moving and Opposing Briefs for Defendants' Motion to Dismiss. (ECF No. #9 .) Prior to the Court responding to the request, Defendants filed their Motion to Dismiss. (ECF No. #10 .) Pursuant to Judge Nunley's Standard Information found on the Court website, the parties were required to seek relief from the page limitation prior to filing any document. Accordingly, Defendants' Motion to Dismiss (ECF No. 10) is HEREBY STRICKEN. Moreover, the Court has reviewed the parties request to extend the page limits and GRANTS Defendants an additional FIVE (5) pages for their motion to dismiss, and Plaintiff an additional TWO (2) pages for their opposition. No additional page extensions are granted for Defendants' reply, if any. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 13 CERTIFICATE of SERVICE by Malek Abdulsamad et al re #12 Exhibit, #10 Motion to Dismiss, #11 Memorandum in Support of Motion. (Nissen, Christopher) Modified on 12/15/2021 (Coll, A). |
| Filing 12 INDEX OF EXHIBITS filed by Defendants Malek Abdulsamad et al #10 Motion to Dismiss. (Nissen, Christopher) Modified on 12/15/2021 (Coll, A). |
| Filing 11 MEMORANDUM by Malek Abdulsamad et al in SUPPORT of #10 Motion to Dismiss. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Nissen, Christopher) Modified on 12/15/2021 (Coll, A). |
| Filing 10 [STRICKEN per DOCKET ENTRY NO. 14] MOTION to DISMISS by Malek Abdulsamad, Ellen Bischoff, Jason Bischoff, Ellen Gutiontov, Michael Lane, Samantha Lane, Sudler Property Management, The Private Residences at Ontario Place Condominium Association. Motion Hearing set for 3/10/2021 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Proposed Order)(Nissen, Christopher) Modified on 12/14/2021 (Krueger, M). |
| Filing 9 STIPULATION TO EXTEND PAGE LIMIT of briefs re Motion to Dismiss by Malek Abdulsamad et al. (Attachments: #1 Proposed Order)(Nissen, Christopher) Modified on 12/15/2021 (Coll, A). |
| Filing 8 NOTICE of APPEARANCE by Christopher David Nissen on behalf of Sudler Property Management. (Nissen, Christopher) |
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Filing 7
ORDER signed by District Judge Troy L. Nunley on 11/01/21, per #5 Stipulation, EXTENDING time to 12/13/21 for defendants to respond to Complaint. (Benson, A.)
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| Filing 6 NOTICE of APPEARANCE by Christopher David Nissen on behalf of All Defendants. (Nissen, Christopher) Modified on 11/2/2021 (Huang, H). |
| Filing 5 STIPULATION and PROPOSED ORDER by All Defendants. Attorney Nissen, Christopher David added. (Attachments: #1 Proposed Order )(Nissen, Christopher) Modified on 11/2/2021 (Huang, H). |
| Filing 4 SUMMONS ISSUED as to *Sudler Property Management* with answer to complaint due within *21* days. Attorney *Peter F. Samuel* *5050 Sunrise Blvd.* *Suite C-1* *Fair Oaks, CA 95628*. (Coll, A) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Mena-Sanchez, L) |
| Filing 2 SUMMONS ISSUED as to *Malek Abdulsamad, Ellen Bischoff, Jason Bischoff, Ellen Gutiontov, Michael Lane, Samantha Lane, The Private Residences at Ontario Place Condominium Association* with answer to complaint due within *21* days. Attorney *Peter F. Samuel* *Samuel and SamueL* *5050 Sunrise Blvd. Suite C-1* *Fair Oaks, CA 95628*. (Mena-Sanchez, L) |
| Filing 1 COMPLAINT against All Defendants by Gerald Glazer, Julius Cherry. Attorney Samuel, Peter F. added. (Attachments: #1 Civil Cover Sheet, #2 Index of Exhibits, #3 Exhibits A-K)(Samuel, Peter) |
| PAYMENT for Civil Case filing fee in the amount of $ 402, receipt number ACAEDC-9843125. (Samuel, Peter) |
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