Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC (2:20-cv-04149)

CIVIL COVER SHEET filed by Plaintiff Elizabeth M. Byrnes, Inc.. (Haffner, Joshua) (Entered: 05/06/2020)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Elizabeth M. Byrnes, Inc.. (Haffner, Joshua) (Entered: 05/06/2020)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 05/07/2020)

SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Elizabeth M. Byrnes, Inc., upon Defendant Fountainhead Commercial Capital, LLC served on 5/8/2020, answer due 5/29/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Haffner, Joshua) (Entered: 05/19/2020)

Notice of Appearance or Withdrawal of Counsel: for attorney Michael R Farrell counsel for Defendant Fountainhead Commercial Capital, LLC. Adding Anthony J. Oliva as counsel of record for Fountainhead Commercial Capital, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Fountainhead Commercial Capital, LLC. (Attorney Michael R Farrell added to party Fountainhead Commercial Capital, LLC(pty:dft))(Farrell, Michael) (Entered: 05/26/2020)

Notice of Appearance or Withdrawal of Counsel: for attorney Michael R Farrell counsel for Defendant Fountainhead Commercial Capital, LLC. Adding Stacey A. Villagomez as counsel of record for Fountainhead Commercial Capital, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Fountainhead Commercial Capital, LLC. (Farrell, Michael) (Entered: 05/26/2020)

APPLICATION of Non-Resident Attorney Daniel T. Stabile to Appear Pro Hac Vice on behalf of Defendant Fountainhead Commercial Capital, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26773861) filed by Defendant Fountainhead Commercial Capital, LLC. (Attachments: # 1 Certificate of Good Standing of Daniel T. Stabile, # 2 Proposed Order) (Farrell, Michael) (Entered: 06/11/2020)

NOTICE of Interested Parties filed by Defendant Fountainhead SBF LLC, identifying Fountainhead Commercial Capital, LLC, Named Defendant; Fountainhead SBF LLC, Real Party In Interest; FCC HoldCo LLC, Parent of Fountainhead SBF LLC; Lloyd's Underwriters, London, Insurer; Wesco Insurance Company, Insurer. (Attorney Michael R Farrell added to party Fountainhead SBF LLC(pty:dft))(Farrell, Michael) (Entered: 06/29/2020)

ORDER SETTING SCHEDULING CONFERENCE by Judge Dean D. Pregerson: Scheduling Conference set for September 14, 2020 at 1:30 p.m. This matter is set for a scheduling conference in Courtroom 9C, before the Honorable Dean D. Pregerson, located at 350 West 1st Street, Los Angeles, California 90012. The conference will be held pursuant to Federal Rules of Civil Procedure 16(b). Lead trial counsel shall attend the scheduling conference. See order for further details. (shb) (Entered: 07/07/2020)

STIPULATION for Order To Extend Defendants Fountainhead SBF LLC's and Fountainhead Commercial Capital, LLC's Time To Respond To Plaintiff's First Amended Class Action Complaint filed by Defendant Fountainhead Commercial Capital, LLC. (Attachments: # 1 Proposed Order)(Farrell, Michael) (Entered: 07/27/2020)

SCHEDULING NOTICE BY TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dean D. Pregerson. In light of the First Amended Complaint filed July 17, 2020, the Motion to Dismiss Case 17 set for hearing August 10, 2020 is hereby vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY (Entered: 08/05/2020)

NOTICE OF MOTION AND MOTION for Order for Motion To Dismiss First Amended Class Action Complaint filed by Defendants Fountainhead Commercial Capital, LLC, Fountainhead SBF LLC. Motion set for hearing on 9/14/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: # 1 Memorandum, # 2 Declaration Michael R. Farrell with Exhibits 1-3, # 3 Proposed Order) (Farrell, Michael) (Entered: 08/14/2020)

RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Order for Motion To Dismiss First Amended Class Action Complaint 23 filed by Defendants Fountainhead Commercial Capital, LLC, Fountainhead SBF LLC. (Farrell, Michael) (Entered: 08/31/2020)

SCHEDULING NOTICE BY TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dean D. Pregerson: On the Court's own motion, the Motion to Dismiss First Amend Class Action Complaint 23 set for hearing September 14, 2020, is hereby continued to October 19, 2020 at 10:00 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY (Entered: 09/10/2020)

Notice of Withdrawal of Disclosure 29 filed by Defendants Fountainhead Commercial Capital, LLC, Fountainhead SBF LLC. (Farrell, Michael) (Entered: 10/01/2020)

MINUTES OF TELEPHONE MOTION TO DISMISS FIRST AMENDED CLASS ACTION COMPLAINT 23 held before Judge Dean D. Pregerson: Case called; appearances made. Court and counsel confer as reflected on the record. The matter is taken under submission. Court Reporter: Maria Bustillos. (shb) (Entered: 10/20/2020)

ORDER GRANTING SEALING OF DEFENDANTS FOUNTAINHEAD COMMERCIAL CAPITAL, LLC AND FOUNTAINHEAD SBF LLC'S INITIAL DISCLOSURE, 31 by Judge Dean D. Pregerson: IT IS HEREBY ORDERED THAT: 1. Defendants Fountainhead Commercial Capital, LLC and Fountainhead SBF LLC's ("Defendants") Application to Seal is GRANTED.2.Defendants' Federal Rule of Civil Procedure 26(a)(1)(A) Initial Disclosure to Plaintiff Elizabeth M. Byrnes, Inc. (Dkt. No. 29, the "Initial Disclosure") is to be sealed. 3.No other persons besides the Court and its employees, the parties and their attorneys may inspect the Initial Disclosure. (shb) (Entered: 10/26/2020)

Second AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition 19, filed by Plaintiff Elizabeth M. Byrnes, Inc.(Haffner, Joshua) (Entered: 08/20/2021)

STIPULATION for Order To Extend Defendants Fountainhead SBF LLC's and Fountainhead Commercial Capital, LLC's Time To Respond To Plaintiff's Second Amended Class Action Complaint filed by Defendants Fountainhead SBF LLC. filed by Defendants Fountainhead SBF LLC. (Attachments: # 1 Proposed Order)(Farrell, Michael) (Entered: 08/31/2021)

NOTICE OF MOTION AND MOTION to Dismiss Second Amended Class Action Complaint filed by Defendants Fountainhead Commercial Capital, LLC, Fountainhead SBF LLC. Motion set for hearing on 10/18/2021 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion to Dismiss Second Amended Class Action Complaint, # 2 Declaration of Michael R. Farrell in Support of Defendants Fountainhead SBF LLC's and Fountainhead Commercial Capital, LLC's Notice of Motion and Motion to Dismiss Second Amended Class Action Complaint w Exhibits 1-4, # 3 Proposed Order Granting Defendants Fountainhead SBF LLC's and Fountainhead Commercial Capital, LLC's Notice of Motion and Motion to Dismiss Second Amended Class Action Complaint) (Farrell, Michael) (Entered: 09/10/2021)

PROOF OF SERVICE filed by Defendants Fountainhead Commercial Capital, LLC, Fountainhead SBF LLC, re Memorandum in Support of Motion, 41, NOTICE OF MOTION AND MOTION to Dismiss Second Amended Class Action Complaint 40 served on September 10, 2021. (Farrell, Michael) (Entered: 09/13/2021)

RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Class Action Complaint 40 with Proof of Service filed by Defendant Fountainhead Commercial Capital, LLC. (Farrell, Michael) (Entered: 10/04/2021)

ORDER GRANTING STIPULATION TO CONTINUE HEARING DATE REGARDING DEFENDANTS FOUNTAINHEAD SBF LLC'S AND FOUNTAINHEAD COMMERCIAL CAPITAL LLC'S MOTION TO DISMISS SECOND AMENDED CLASS ACTION COMPLAINT 46, by Judge Dean D. Pregerson: Pursuant to the parties' stipulation, the hearing on Defendant Fountainhead SBF LLC's and Fountainhead Commercial Capital, LLC's Motion to Dismiss Plaintiff Elizabeth M. Byrnes, Inc. 's Second Amended Class Action Complaint shall be continued from October 25, 2021 to November 22, 2021 at 10:00 a.m. IT IS SO ORDERED. (shb) (Entered: 10/20/2021)

ORDER GRANTING DEFENDANTS MOTION TO DISMISS SECOND AMENDED COMPLAINT, 40 by Judge Dean D. Pregerson: Fountainheads Motion to Dismiss is GRANTED. Plaintiffs Second Amended Complaint is DISMISSED, with prejudice. IT IS SO ORDERED. (MD JS-6. Case Terminated) (shb) (Entered: 11/24/2021)

FINAL JUDGMENT by Judge Dean D. Pregerson: ORDERED, ADJUDGED AND DECREED: 1. Final judgment is hereby entered in favor of the Defendants Fountainhead Commercial Capital, LLC and Fountainhead SBF LLC and against the Plaintiff Elizabeth M. Byrnes, Inc., a corporation, which filed this action on behalf of itself and all others similarly situated. Plaintiff shall recover nothing from this action. 2. The Court retains and reserves jurisdiction to enter any further orders that may be just and necessary, including to enforce this Final Judgment and to determine entitlement to an award of attorneys fees and/or costs. IT IS SO ORDERED. (shb) (Entered: 03/28/2022)