Onisko and Scholz, LLP v. B.S.D. Capital, Inc. (2:24-cv-10314)

NOTICE OF REMOVAL from Los Angeles Superior, case number 24STCV28081 Receipt No: ACACDC-38669343 - Fee: $405, filed by Defendant B.S.D. CAPITAL, INC. DBA LENDISTRY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Attorney Joseph S. Leventhal added to party B.S.D. CAPITAL, INC. DBA LENDISTRY(pty:dft))(Leventhal, Joseph) (Entered: 11/27/2024)

CORPORATE DISCLOSURE STATEMENT filed by Defendant B.S.D. CAPITAL, INC. DBA LENDISTRY (Leventhal, Joseph) (Entered: 11/27/2024)

CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiffs Onisko and Scholz, LLP, Paul Scholz, Cindy Schoelen, upon Defendant B.S.D. Capital, Inc. served on 10/31/2024, answer due 11/21/2024. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service by serving Gabriela Sanchez, Authorized to Accept per Corp. Code 1505(a)(2) in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Filed in State Court on 11/1/2024 Submitted with Attachment 2 Exhibit B to Notice of Removal 1 (car)

REQUEST for Order for Expedited Jurisdictional Discovery filed by Plaintiff ONISKO & SCHOLZ, LLP, PAUL SCHOLZ, CINDY SCHOELEN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order on Plaintiffs' Request for Expedited Jurisdictional Discovery)(Howell, Jimmy) (Entered: 12/02/2024)

NOTICE OF ASSIGNMENT to District Judge Maame Ewusi-Mensah Frimpong and Magistrate Judge Steve Kim. (car) (Entered: 12/03/2024)

Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) (Entered: 12/03/2024)

STIPULATION Extending Time to Answer the complaint as to B.S.D. Capital, Inc. answer now due 1/3/2025, re Complaint - (Discovery), filed by Defendant B.S.D. Capital, Inc..(Leventhal, Joseph) (Entered: 12/04/2024)

TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong: This matter has been assigned to District Judge Maame Ewusi-Mensah Frimpong. The Court refers counsel to the Court's Initial Standing Order found on the Court's website under Judge Frimpong's Procedures and Schedules. Please read the Standing Order carefully. It is the responsibilities of the parties to maintain familiarly with the Standing Order and any future amendments that the Court may issue by periodically checking the Court's website for the operative version of the Standing Order. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY (Entered: 12/09/2024)

TEXT ONLY ENTRY (IN CHAMBERS) ORDER CONTINUING PLAINTIFF'S MOTION TO REMAND (ECF No. 12 ) by Judge Maame Ewusi-Mensah Frimpong: The Court, on its own motion, continues the Motion from February 6, 2025 to June 26, 2025 at 10:00 a.m. before Judge Maame Ewusi-Mensah Frimpong. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY (Entered: 12/09/2024)

MEMORANDUM in Opposition to EX PARTE APPLICATION to Strike Plaintiff's Request for Expedited Jurisdictional Discovery REQUEST for Order for Expedited Jurisdictional Discovery 5 15 filed by Plaintiffs Onisko and Scholz, LLP, Paul Scholz, Cindy Schoelen. (Howell, Jimmy) (Entered: 12/11/2024)

EX PARTE APPLICATION for Extension of Time to File Response to Complaint filed by Defendant B.S.D. Capital, Inc.. (Attachments: # 1 Declaration of Joseph Leventhal ISO Ex Parte Application, # 2 Exhibit A to Declaration of Joseph Leventhal ISO Ex Parte Application, # 3 Exhibit B to Declaration of Joseph Leventhal ISO Ex Parte Application, # 4 Proposed Order) (Leventhal, Joseph) (Entered: 12/16/2024)

MEMORANDUM in Opposition to EX PARTE APPLICATION for Extension of Time to File Response to Complaint 18 filed by Plaintiffs Onisko and Scholz, LLP, Paul Scholz, Cindy Schoelen. (Attachments: # 1 Proposed Order on Defendant's Ex Parte Application to Extend Time to Respond to Complaint)(Howell, Jimmy) (Entered: 12/17/2024)

REPLY In Support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court 12 filed by Plaintiffs Onisko and Scholz, LLP, Paul Scholz, Cindy Schoelen. (Howell, Jimmy) (Entered: 12/27/2024)

REQUEST FOR EXPEDITED JURISDICTIONAL DISCOVERY 5 ; EX PARTE APPLICATION FOR ORDER STRIKING PLAINTIFF'S REQUEST FOR EXPEDITED JURISDICTIONAL DISCOVERY AND REQUEST FOR SANCTIONS 15 ; and Ex Parte Application for Order Extending Time to Respond to Complaint 18 by Judge Maame Ewusi-Mensah Frimpong. For the reasons herein, the Court ORDERS as follows: The Discovery Request is DENIED. The Ex Parte Application is GRANTED IN PART, DENIED IN PART. The Extension Application is DENIED AS MOOT. (See document for further details) (yl) (Entered: 01/14/2025)

Amended STIPULATION to Clarify Court's January 13, 2025 Order, Re: Order on Request for Order re Discovery Matter,,, Order on Motion to Strike,,, Order on Motion for Extension of Time to File,,, Order on Motion to Dismiss Case,, 24, filed by Defendant B.S.D. Capital, Inc.. (Attachments: # 1 Proposed Order)(Leventhal, Joseph) (Entered: 02/10/2025)

Notice filed by Defendant B.S.D. Capital, Inc.. Notice of Intent to File Narrowed Motion to Dismiss (Leventhal, Joseph) (Entered: 02/24/2025)

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case 23 filed by Plaintiffs Onisko and Scholz, LLP, Paul Scholz, Cindy Schoelen. (Howell, Jimmy) (Entered: 03/10/2025)

Joint STIPULATION to Vacate Hearing MOTION to Compel Jurisdictional Discovery 29 filed by Defendant B.S.D. Capital, Inc.. (Attachments: # 1 Proposed Order)(Leventhal, Joseph) (Entered: 03/25/2025)

TEXT ONLY ENTRY (IN CHAMBERS) ORDER CONTINUING PLAINTIFF'S MOTION TO REMAND (ECF No. 12 ) by Judge Maame Ewusi-Mensah Frimpong: The Court, on its own motion, continues the Motion from June 26, 2025 to June 25, 2025 at 10:00 a.m. before Judge Maame Ewusi-Mensah Frimpong. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY (Entered: 04/16/2025)

NOTICE OF MOTION AND MOTION to Compel Production of Documents, Responses to Interrogatories, and Admissions filed by Plaintiffs Onisko and Scholz, LLP, Cindy Schoelen, Paul Scholz. Motion set for hearing on 6/18/2025 at 10:00 AM before Magistrate Judge Steve Kim. (Attachments: # 1 Memorandum Joint Stipulation, # 2 Declaration of J.R. Howell, Esq., # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V, # 25 Exhibit W, # 26 Exhibit X, # 27 Exhibit Y, # 28 Declaration of Sebastian van Roundsburg, Esq., # 29 Exhibit 1, # 30 Exhibit 2, # 31 Exhibit 3, # 32 Exhibit 4, # 33 Exhibit 5, # 34 Exhibit 6, # 35 Exhibit 7)(Howell, Jimmy) (Entered: 05/21/2025)

EX PARTE APPLICATION to Continue hearing on the Motion for Remand and Motion to Dismiss from June 25, 2025, and July 10, 2025 to August 28, 2025 filed by Plaintiffs Onisko and Scholz, LLP, Cindy Schoelen, Paul Scholz. (Attachments: # 1 Declaration of J.R. Howell, Esq., # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order on Ex Parte Application to Continue the Hearings on the Motion for Remand and Motion to Dismiss) (Howell, Jimmy) (Entered: 05/26/2025)

MINUTES (IN CHAMBERS) ORDER GRANTING IN PART ONLY PLAINTIFFS' MOTION TO COMPEL JURISDICTIONAL DISCOVERY 36 by Magistrate Judge Steve Kim. Therefore, except for the information ordered produced here subject to a reasonable protective order (which need only be temporary) that the court will promptly enter, Plaintiffs motion to compel is denied without prejudice in all other respects. The hearing on Plaintiffs motion noticed for June 18, 2025 is also vacated. Waiting that long for argument would only make it harder for the parties to fairly and promptly litigate the outstanding remand motion. Meanwhile, the parties competing requests for monetary sanctions are denied without prejudice to the court reviving those requests, on its own motion at any time, if either party files another motion, application, or even IDC request about jurisdictional discovery that the court finds is substantially unjustified for purposes of the pending motion to remand. (SEE ORDER FOR DETAILS). (clee) (Entered: 05/30/2025)

NOTICE OF LODGING filed re Order on Motion to Compel,,,, 40 (Leventhal, Joseph) (Entered: 06/02/2025)

SUPPLEMENT to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court 12 filed by Plaintiffs Onisko and Scholz, LLP, Cindy Schoelen, Paul Scholz. (Attachments: # 1 Declaration of J.R. Howell, Esq., # 2 Exhibit A)(Howell, Jimmy) (Entered: 06/06/2025)

ORDER GRANTING REQUEST FOR JUDICIAL NOTICE [ECF NO. 12-2] and GRANTING MOTION TO REMAND [ECF NO. 12 ] by Judge Maame Ewusi-Mensah Frimpong. For the foregoing reasons, the Court ORDERS as follows: The Court GRANTS the Plaintiffs' Request for Judicial Notice. The Court GRANTS the Plaintiffs Motion to Remand. The case is REMANDED to the Los Angeles County Superior Court forthwith. Lendistry's Motion to Dismiss is DENIED AS MOOT. IT IS SO ORDERED. (SEE DOCUMENT FOR FURTHER DETAILS) [remanding case to Superior Court of CA, County of Los Angeles, Case number 24STCV28081] Case Terminated. Made JS-6 (yl) (Entered: 06/25/2025)

NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiffs Onisko and Scholz, LLP, Cindy Schoelen, Paul Scholz. Motion set for hearing on 9/4/2025 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: # 1 Memorandum in Support of Plaintiffs' Motion for Costs and Expenses, Including Attorney Fees, Pursuant to 28 U.S.C. § 1447(c), # 2 Supplement Joint Statement, # 3 Declaration of J.R. Howell, Esq., # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Proposed Order) (Howell, Jimmy) (Entered: 08/12/2025)

ORDER by Judge Maame Ewusi-Mensah Frimpong: The Court is in receipt of Plaintiffs' Motion for Costs and Expenses. ECF No. 49 ("Motion"). The Courts operative Civil Standing Order, which differs from the timing of the Local Rules, instructs the parties that a motion must be filed no later than 42 days prior to the hearing date on the motion. Civil Standing Order at 6. The Motion was filed later than 42 days prior to the hearing date of September 4, 2025. As such, the Court STRIKES the Motion. IT IS SO ORDERED. THERE IS NO PDF ATTACHMENT ASSOCIATED WITH THIS ENTRY. (dbe) (Entered: 08/21/2025)

NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiffs Onisko and Scholz, LLP, Cindy Schoelen, Paul Scholz. Motion set for hearing on 10/9/2025 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: # 1 Memorandum in Support of Plaintiffs' Motion for Costs and Expenses, Including Attorney Fees, Pursuant to 28 U.S.C. § 1447(c), # 2 Supplement Joint Statement, # 3 Declaration of J.R. Howell, Esq., # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Proposed Order) (Howell, Jimmy) (Entered: 08/22/2025)

REPLY in Support NOTICE OF MOTION AND MOTION for Attorney Fees 52 filed by Plaintiffs Onisko and Scholz, LLP, Cindy Schoelen, Paul Scholz. (Attachments: # 1 Declaration of J.R. Howell, Esq.)(Howell, Jimmy) (Entered: 09/12/2025)

ORDER GRANTING PLAINTIFFS' MOTION FOR ATTORNEYS' FEES [DKT. NO. 52] by Judge Maame Ewusi-Mensah Frimpong Granting in part 52 MOTION for Attorney Fees: For the foregoing reasons, the Court hereby ORDERS as follows: 1. Plaintiffs' Motion for Attorneys' Fees is GRANTED in part; 2. Plaintiffs are hereby awarded fees in the amount of $26,520. (bm) (Entered: 10/29/2025)