Case details

Court: cacd
Docket #: 2:14-cv-01144
Case Name: Nicholas Bontrager v. Showmark Media LLC et al
PACER case #: 582908
Date filed: 2014-02-13
Date terminated: 2014-12-18
Assigned to: Judge Margaret M. Morrow
Referred to: Magistrate Judge Charles F. Eick
Case Cause: 28:1441 Notice of Removal
Nature of Suit: 890 Other Statutory Actions
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Nicholas Bontrager
Plaintiff
individually and on behalf of all others similarly situated
Lee Paul Mankin , IV
Law Offices of L Paul Mankin IV 8730 Wilshire Blvd Suite 310 Beverly Hills, CA 90211 800-219-3577 Fax: 323-207-3885 Email: pmankin@paulmankin.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Showmark Media LLC
Defendant
a Delaware limited liability company
Jeffrey M Rosenfeld
Kronenberger Rosenfeld LLP 150 Post Street Suite 520 San Francisco, CA 94108 415-955-1155 Fax: 415-955-1158 Email: jeff@KRInternetlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Karl S Kronenberger
Kronenberger Rosenfeld LLP 150 Post Street Suite 520 San Francisco, CA 94108 415-955-1155 Fax: 415-955-1158 Email: karl@KRInternetlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Does
Defendant
1 through 100
Diane Faber
Mediator (ADR Panel)

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2014-02-13 1 0 NOTICE OF REMOVAL from Superior Court State of CA County of Los Angeles, case number BC532628 with Conformed copy of summons and complaint. Case assigned to Judge Mariana R. Pfaelzer, Discovery to Magistrate Judge Charles F. Eick. (Filing fee $ 400 PAID), filed by Defendant Showmark Media LLC.(car) (mg). (Additional attachment(s) added on 2/21/2014: # 1 Notice of Assignment) (mg). (Entered: 02/19/2014) 2014-12-22 13:20:37 df0be88cde9a12aff43d37e7d40a3f7c21739062
2014-02-13 2 0 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Showmark Media LLC. (car) (mg). (Entered: 02/19/2014)
2014-02-13 3 0 DECLARATION OF JOHN HANAW In Support of Defendant's Notice of Removal, 1 filed by Showmark Media LLC. (car) Modified on 2/19/2014 (car). (mg). (Entered: 02/19/2014) 2014-12-22 13:17:06 bb35ce4a4d6412870c530f988e1634eb7920621a
2014-02-20 4 0 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Mariana R. Pfaelzer. ORDER case returned to the Clerk for random reassignment pursuant to General Order 08-05. Case randomly reassigned from Judge Mariana R. Pfaelzer to Judge Margaret M. Morrow for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 14-01144 MMM(Ex). (rn) (Entered: 02/20/2014)
2014-02-20 5 0 ANSWER to Complaint filed by Defendant Showmark Media LLC.(Rosenfeld, Jeffrey) (Entered: 02/20/2014) 2014-12-22 13:23:53 391c712995caa41bd532e358e9a5142bdbc94819
2014-02-20 6 0 PROOF OF SERVICE filed by Defendant Showmark Media LLC, Re. Notice of Removal served on February 14, 2014. (Rosenfeld, Jeffrey) (Entered: 02/20/2014)
2014-02-21 7 0 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ah) (Entered: 02/21/2014)
2014-02-21 8 0 TEXT ONLY ENTRY: Judge Margaret M. Morrow is participating in a pilot project regarding the submission of SEALED DOCUMENTS. All proposed sealed documents must be submitted via e-mail to the Judge's Chambers email at MMM_chambers@cacd.uscourts.gov. Please refer to the judge's procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY (Entered: 02/21/2014)
2014-02-26 9 0 ORDER SETTING SCHEDULING CONFERENCE by Judge Margaret M. Morrow. Rule 26 Meeting Report due by 3/28/2014. Scheduling Conference set for 4/7/2014 10:00 AM before Judge Margaret M. Morrow. (ah) (Entered: 02/26/2014)
2014-03-18 10 0 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to All Claims filed by Defendant Showmark Media LLC. Motion set for hearing on 5/19/2014 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Proposed Order)(Rosenfeld, Jeffrey) (Entered: 03/18/2014)
2014-03-19 11 0 Joint STIPULATION for Leave to Amend Plaintiff's Complaint filed by plaintiff Nicholas Bontrager. (Attachments: # 1 Proposed Order)(Mankin, Lee) (Entered: 03/19/2014)
2014-03-20 12 0 TEXT ONLY ENTRY: (IN CHAMBERS) ORDER CONTINUING HEARING ON MOTION FOR JUDGMENT ON THE PLEADINGS 10 by Judge Margaret M. Morrow. The Court, on its own motion, continues the hearing on the motion for judgment on the pleadings from 5/19/2014 to 6/2/2014 at 10:00 a.m. before Judge Margaret M. Morrow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY (Entered: 03/20/2014)
2014-03-20 13 0 ORDER by Judge Margaret M. Morrow, re Stipulation for Leave 11 . IT IS HEREBY ORDERED that Plaintiff's motion to leave to file a First Amended Complaint is hereby granted. The motion to dismiss the initial complaint for judgment on the pleadings as to all claims 10 is denied as moot. (cb) (Entered: 03/20/2014)
2014-03-21 14 0 First AMENDED COMPLAINT against Defendant Showmark Media LLC amending Notice of Removal, 1 , filed by plaintiff Nicholas Bontrager (Mankin, Lee) (Entered: 03/21/2014) 2014-10-22 16:00:50 9ddd82a1e46d18931a1c989f6c9719bedcad72b2
2014-03-27 15 0 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 to 7 days, filed by Plaintiff Nicholas Bontrager.. (Mankin, Lee) (Entered: 03/27/2014)
2014-03-28 16 0 STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiff Nicholas Bontrager. (Attachments: # 1 Proposed Order)(Mankin, Lee) (Entered: 03/28/2014)
2014-03-28 17 0 REQUEST for ADR Procedure No. 2 filled. Parties request to appear before a neutral selected from the court's Mediation Panel for mediation. Filed by Plaintiff Nicholas Bontrager (Attachments: # 1 Proposed Order)(Mankin, Lee) (Entered: 03/28/2014)
2014-04-02 18 0 ORDER EXTENDING DATE TO FILE MOTION FOR CLASS CERTIFICATION by Judge Margaret M. Morrow, re Stipulation for Extension of Time to File 16 . The court will set a date by which plaintiff needs to file the motion at the scheduling conference on April 7, 2014. (cb) (Entered: 04/02/2014)
2014-04-07 19 0 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Rule 12(b)(6) filed by Defendant Showmark Media LLC. Motion set for hearing on 6/9/2014 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Proposed Order)(Rosenfeld, Jeffrey) (Entered: 04/07/2014)
2014-04-07 20 0 MINUTES OF SCHEDULING CONFERENCE held before Judge Margaret M. Morrow. Final Pretrial Conference set for 4/27/2015 09:00 AM before Judge Margaret M. Morrow. Jury Trial set for 5/26/2015 08:30 AM before Judge Margaret M. Morrow. Telephone Conference set for 12/17/2014 05:00 PM. Court Reporter: C. Nirenberg. (ah) (Entered: 04/07/2014)
2014-04-07 21 0 ORDER/REFERRAL to ADR Procedure No 2 by Judge Margaret M. Morrow. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 3/16/2015. (ah) (Entered: 04/07/2014)
2014-04-14 22 0 [STRICKEN] SEE DOCKET ENTRY 23 . ORDER/REFERRAL to ADR Procedure No 2 by Judge Margaret M. Morrow. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 12/01/2014. (cb) Modified on 4/15/2014 (cb). (Entered: 04/14/2014)
2014-04-15 23 0 NOTICE OF CLERICAL ERROR: Docket entry No. 22 entered in this case in error. Counsel shall disregard the entry. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 04/15/2014)
2014-05-19 24 0 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Diane Faber may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Nicholas Bontrager(Mankin, Lee) (Entered: 05/19/2014)
2014-05-19 25 0 OPPOSITION to MOTION to Dismiss Case Pursuant to Rule 12(b)(6) 19 filed by Plaintiff Nicholas Bontrager. (Mankin, Lee) (Entered: 05/19/2014) 2014-10-22 16:02:59 fa5d75f9ce7456b296b0d5eb21d830e49a814ccf
2014-05-21 26 0 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Diane Faber has been assigned to serve as Panel Mediator. (mb) (Entered: 05/21/2014)
2014-05-23 27 0 REPLY in Support of MOTION to Dismiss Case Pursuant to Rule 12(b)(6) 19 filed by Defendant Showmark Media LLC. (Rosenfeld, Jeffrey) (Entered: 05/23/2014)
2014-05-23 28 0 MINUTE ORDER IN CHAMBERS re Order to Show Cause Why Case Should Not Be Remanded for Lack of Subject Matter Jurisdiction by Judge Margaret M. Morrow: For the reasons stated, Showmark has not adequately alleged that this case falls within the court's jurisdiction under CAFA because it has not shown that there is minimal diversity between the parties or that the number of potential class members exceeds 100. The court accordingly orders Showmark to show cause on or before June 2, 2014 why this action should not be remanded to Los Angeles Superior Court for lack of subject matter jurisdiction. Plaintiff may file a reply on or before June 9, 2014. Showmark's failure to respond by June 2, 2014 will result in immediate remand without further notice. (see document for further details) (bm) (Entered: 05/23/2014)
2014-06-02 29 0 RESPONSE filed by Defendant Showmark Media LLCto Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings, Set/Reset Motion Hearing and R&R Deadlines,,,,,,,,, 28 (Rosenfeld, Jeffrey) (Entered: 06/02/2014)
2014-06-02 30 0 DECLARATION of Jeffrey M. Rosenfeld re Response (non-motion) 29 filed by Defendant Showmark Media LLC. (Attachments: # 1 Exhibit A - D)(Rosenfeld, Jeffrey) (Entered: 06/02/2014)
2014-06-02 31 0 DECLARATION of John Hanaw re Response (non-motion) 29 filed by Defendant Showmark Media LLC. (Rosenfeld, Jeffrey) (Entered: 06/02/2014)
2014-06-09 32 0 MINUTES OF Defendant Showmark Media LLC's Motion to Dismiss 19 hearing held before Judge Margaret M. Morrow. The court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, the court takes the motion to dismiss under submission. Court Reporter: C. NIRENBERG. (cb) (Entered: 06/09/2014)
2014-06-20 33 0 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS 19 by Judge Margaret M. Morrow: Bontrager's first amended complaint is dismissed. Bontrager may amend his complaint to reallege a claim for injunctive relief under the UCL and FAL, and a claim for negligent misrepresentation within twenty (20) days of the date of this order. (ah) (Entered: 06/20/2014) 2014-12-22 13:18:59 995b308040570010616438202b32a09b95e2606c
2014-12-18 34 0 MINUTE ORDER IN CHAMBERS Dismissing Action With Prejudice by Judge Margaret M. Morrow: For the reasons stated, Bontrager's complaint is dismissed with prejudice. Both parties shall bear their own costs and attorneys' fees. (see document for further details) (Made JS-6. Case Terminated.) (bm) (Entered: 12/18/2014)