App La LLC

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Recent Dockets

Entered	Case	Description
09/07/22	Jack Daniels v. Homeless Not Toothless 2:22-CV-02971 ( C.D. CA )	MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER IMPOSING SANCTIONS. The Court previously ordered the attorneys in this action to show cause why they should not be sanctioned for willful disobedience of a court order. The attorneys submitted declarations explaining their actions. Considering these responses, the Court imposes sanctions. The attorneys disregarded the Courts clear orders to stop representing Airplane Pockets and instead filed motions on Airplane Pockets' behalf. While counsel apologized for this situation and now express what the Court believes to be genuine contrition, the Court exercises its discretion to impose sanctions for a clear failure to follow the Court's orders despite repeated warnings. These sanctions are imposed for the reckless defiance of the Courts disqualification order that stemmed from the violation of ethical obligations these attorneys must follow under California law. The Court orders attorneys Eric S. Beane, John David Harriman II, Sevag Demirjian, Gregory K. Nelson, and Trevor Bowen to pay $700.00 each to the Clerk of the Court. (SEE FOOTNOTE 1: The Court expresses confusion why the parties moved to dismiss the cases six days after the Court dismissed them. The motions are denied as moot : (SEE FOOTNOTE 2: The Court intentionally imposes a sanction that counsel will not have to report to the California bar. Cal. Bus. and Prof. Code 6068(o)(3). (lc) (Entered: 09/07/2022) MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER IMPOSING SANCTIONS. The Court previously ordered the attorneys in this action to show cause why they should not be sanctioned for willful disobedience of a court order. The attorneys submitted declarations explaining their actions. Considering these responses, the Court imposes sanctions. The attorneys disregarded the Courts clear orders to stop representing Airplane Pockets and instead filed motions on Airplane Pockets' behalf. While counsel apologized for this situation and now express what the Court believes to be genuine contrition, the Court exercises its discretion to impose sanctions for a clear failure to follow the Court's orders despite repeated warnings. These sanctions are imposed for the reckless defiance of the Courts disqualification order that stemmed from the violation of ethical obligations these attorneys must follow under California law. The Court orders attorneys Eric S. Beane, John David Harriman II, Sevag Demirjian, Gregory K. Nelson, and Trevor Bowen to pay $700.00 each to the Clerk of the Court. (SEE FOOTNOTE 1: The Court expresses confusion why the parties moved to dismiss the cases six days after the Court dismissed them. The motions are denied as moot : (SEE FOOTNOTE 2: The Court intentionally imposes a sanction that counsel will not have to report to the California bar. Cal. Bus. and Prof. Code 6068(o)(3). (lc) (Entered: 09/07/2022)
08/26/22	Jack Daniels v. Homeless Not Toothless 2:22-CV-02971 ( C.D. CA )	ORDER by Judge Mark C. Scarsi re REQUEST TO SUBSTITUTE ATTORNEY David B. Abel in place of attorney Gregory K. Nelson 25 . The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): Other error(s) with document(s): All prior counsel for Airplane Pockets LLC was disqualified on August 10, 2022. A G-123 notice of appearance of counsel instead of a G-01 request for substitution is the appropriate method for new counsel to appear in this matter. (lc) (Entered: 08/26/2022) ORDER by Judge Mark C. Scarsi re REQUEST TO SUBSTITUTE ATTORNEY David B. Abel in place of attorney Gregory K. Nelson 25 . The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): Other error(s) with document(s): All prior counsel for Airplane Pockets LLC was disqualified on August 10, 2022. A G-123 notice of appearance of counsel instead of a G-01 request for substitution is the appropriate method for new counsel to appear in this matter. (lc) (Entered: 08/26/2022)
08/26/22	Jack Daniels v. Homeless Not Toothless 2:22-CV-02971 ( C.D. CA )	RESPONSE filed by Plaintiffs Airplane Pockets LLC, Cal West Holdings, Inc., Jack Daniels, Sky High Comfort, LLCto Order on Motion to Dismiss Case,,,, 23 to Order to Show Cause (Attachments: # 1 Declaration Eric Beane, # 2 Declaration Jack Daniels, # 3 Declaration Gregory Nelson, # 4 Declaration Jay Grossman)(Nelson, Gregory) (Entered: 08/26/2022)
08/25/22	Jack Daniels v. Homeless Not Toothless 2:22-CV-02971 ( C.D. CA )	JOINT NOTICE OF MOTION AND JOINT MOTION FOR DISMISSAL WITH PREJUDICE re Joint NOTICE OF MOTION AND MOTION to Dismiss Case 22 AND PROPOSED ORDER filed by Plaintiff Airplane Pockets LLC. (Attachments: # 1 Proposed Order)(Abel, David) (Entered: 08/25/2022)
08/25/22	Jack Daniels v. Homeless Not Toothless 2:22-CV-02971 ( C.D. CA )	NOTICE of Appearance filed by attorney David B Abel on behalf of Plaintiff Airplane Pockets LLC (Attorney David B Abel added to party Airplane Pockets LLC(pty:pla))(Abel, David) (Entered: 08/25/2022)
08/25/22	Jack Daniels v. Homeless Not Toothless 2:22-CV-02971 ( C.D. CA )	(STRICKEN PER 8/26/2022 ORDER DOCKET NO. 29). REQUEST TO SUBSTITUTE ATTORNEY David B. Abel in place of attorney Gregory K. Nelson filed by Plaintiff Airplane Pockets LLC. (Attachments: # 1 Proposed Order) (Nelson, Gregory) Modified on 8/26/2022 (lc). (Entered: 08/25/2022)
08/19/22	Jack Daniels v. Homeless Not Toothless 2:22-CV-02971 ( C.D. CA )	REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (lc) (Entered: 08/19/2022)
08/19/22	Jack Daniels v. Homeless Not Toothless 2:22-CV-02971 ( C.D. CA )	MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER DISMISSING CASES AND ORDER TO SHOW CAUSE.The Court has taken several steps to manage an apparent conflict of interest in this case. After finding that the attorneys in both cases represented Airplane Pockets LLC when Airplane Pockets was suing their other clients in another case, the Court vacated a previous settlement and ordered Airplane Pockets LLC to find new counsel. The Court also ordered the attorneys to file new proposed dates and an estimated timeline regarding when Airplane Pockets would acquire new counsel. The attorneys never complied with this order. The Court then issued an order to show cause why the Court should not dismiss both cases with prejudice under Federal Rule of Civil Procedure 41 (b). Instead of responding to the order, the attorneys elected to file a joint motion to dismiss each case without prejudice under Federal Rule of Civil Procedure 22 . This response is insufficient. The motions are ineffective under Rule 41(a), which require a plaintiff to take action to secure dismissal. Airplane Pockets, LLC, a plaintiff to both actions, is not represented by counsel in the motions and cannot be represented by its members in federal court. The Court dismisses both actions under Rule 41(b). To avoid punishing the parties for what it believes to be their attorneys ethically dubious inability or reluctance to resolve the conflict issue here, the dismissal is made without prejudice. The Court orders Eric S. Beane, John David Harriman II, Sevag Demirjian, Gregory K. Nelson, and Trevor C. Bowen to show cause why the Court should not impose monetary sanctions for their failure to follow Court orders. The attorneys shall file a response to this order within seven days. The Court will deem the failure to file a specific explanation of the conduct in this case as an admission that the conduct here is willful or reckless.(Made JS-6. Case Terminated.) (lc) Modified on 8/19/2022 (lc). (Entered: 08/19/2022) MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER DISMISSING CASES AND ORDER TO SHOW CAUSE.The Court has taken several steps to manage an apparent conflict of interest in this case. After finding that the attorneys in both cases represented Airplane Pockets LLC when Airplane Pockets was suing their other clients in another case, the Court vacated a previous settlement and ordered Airplane Pockets LLC to find new counsel. The Court also ordered the attorneys to file new proposed dates and an estimated timeline regarding when Airplane Pockets would acquire new counsel. The attorneys never complied with this order. The Court then issued an order to show cause why the Court should not dismiss both cases with prejudice under Federal Rule of Civil Procedure 41 (b). Instead of responding to the order, the attorneys elected to file a joint motion to dismiss each case without prejudice under Federal Rule of Civil Procedure 22 . This response is insufficient. The motions are ineffective under Rule 41(a), which require a plaintiff to take action to secure dismissal. Airplane Pockets, LLC, a plaintiff to both actions, is not represented by counsel in the motions and cannot be represented by its members in federal court. The Court dismisses both actions under Rule 41(b). To avoid punishing the parties for what it believes to be their attorneys ethically dubious inability or reluctance to resolve the conflict issue here, the dismissal is made without prejudice. The Court orders Eric S. Beane, John David Harriman II, Sevag Demirjian, Gregory K. Nelson, and Trevor C. Bowen to show cause why the Court should not impose monetary sanctions for their failure to follow Court orders. The attorneys shall file a response to this order within seven days. The Court will deem the failure to file a specific explanation of the conduct in this case as an admission that the conduct here is willful or reckless.(Made JS-6. Case Terminated.) (lc) Modified on 8/19/2022 (lc). (Entered: 08/19/2022)
08/10/22	Jack Daniels v. Homeless Not Toothless 2:22-CV-02971 ( C.D. CA )	Joint NOTICE OF MOTION AND MOTION to Dismiss Case filed by Plaintiff Airplane Pockets LLC, Cal West Holdings, Inc., Jack Daniels. (Attachments: # 1 Proposed Order) (Nelson, Gregory) (Entered: 08/10/2022)
08/10/22	Jack Daniels v. Homeless Not Toothless 2:22-CV-02971 ( C.D. CA )	MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER TO SHOW CAUSE. Following an order disqualifying all counsel from representing Airplane Pockets LLC, the Court ordered the parties to submit new dates for the cases and a plan for how Airplane Pockets would retain new counsel. The parties have not done so within the timeline set by the Court. The Court orders the parties to show cause why the Court should not dismiss both cases with prejudice under Federal Rule of Civil Procedure 41 (b) for failure to comply with a Court order. The parties shall respond within seven days of this order. (lc) (Entered: 08/10/2022) MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER TO SHOW CAUSE. Following an order disqualifying all counsel from representing Airplane Pockets LLC, the Court ordered the parties to submit new dates for the cases and a plan for how Airplane Pockets would retain new counsel. The parties have not done so within the timeline set by the Court. The Court orders the parties to show cause why the Court should not dismiss both cases with prejudice under Federal Rule of Civil Procedure 41 (b) for failure to comply with a Court order. The parties shall respond within seven days of this order. (lc) (Entered: 08/10/2022)