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 56 |
Filed: 7/11/2017, Entered: None |
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ORDER Granting Joint 55 Motion to Dismiss With Prejudice. Signed by Judge Gonzalo P. Curiel on 7/11/17. (dlg) (jao). (Entered: 07/11/2017)
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| 55 |
Filed: 7/10/2017, Entered: None |
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Joint MOTION to Dismiss Case by Paul Dugas. (Attachments: # 1 Proof of Service)(Price, Dennis) (dlg). (Entered: 07/10/2017)
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| 54 |
Filed: 6/28/2017, Entered: None |
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ORDER Dismissing Second Amended Complaint. The Court DISMISSES this action without prejudice. See John Birch Soc'y v. Nat'l Broad. Co., 377 F.2d 194, 198 (2d Cir. 1967) (finding discretion not abused in dismissing case where the court pointed out pleading errors related to subject matter jurisdiction which were ignored). Plaintiff has 14 days from the date of this Order to file an amended complaint that cures the deficiencies identified by this Order, that makes a plausible showing that CAFA's jurisdictional threshold has been met, and that permits the Court to assess whether CAFA's mandatory "local controversy" exception applies. The Court warns that failure to do so will result in a final Order dismissing this civil action either for want of CAFA jurisdiction or for failure to prosecute in compliance with a Court order requiring amendment. See Lira v. Herrera, 427 F.3d 1164, 1169 (9th Cir. 2005) ("If a plaintiff does not take advantage of the opportunity to fix his complaint, a district court may convert the dismissal of the complaint into dismissal of the entire action."). Signed by Judge Gonzalo P. Curiel on 6/28/2017. (acc) (Entered: 06/29/2017)
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| 53 |
Filed: 5/10/2017, Entered: None |
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Minute ORDER, 40 MOTION to Dismiss Second Amended Complaint - Submitted. Order to Show Cause Hearing set for 5/12/17 at 1:30 pm - Vacated. (no document attached) (ksr) Modified on 5/10/2017 (to include text "minute" (ksr). (Entered: 05/10/2017)
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| 52 |
Filed: 4/28/2017, Entered: None |
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RESPONSE TO ORDER TO SHOW CAUSE by HST GP San Diego, LLC, HST Lessee San Diego, LP, Starwood Hotels & Resorts Worldwide, Inc. re 49 Order to Show Cause,. (Poston, Jeffrey) (dlg). (Entered: 04/28/2017)
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| 51 |
Filed: 4/24/2017, Entered: None |
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RESPONSE TO ORDER TO SHOW CAUSE by Paul Dugas re 49 Order to Show Cause,. (Attachments: # 1 Proof of Service)(Price, Dennis) QC EMAIL - document untimely (fth). (Entered: 04/24/2017)
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| 50 |
Filed: 4/6/2017, Entered: None |
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Minute ORDER re 40 MOTION to Dismiss Second Amended Complaint filed by HST Lessee San Diego, LP, Starwood Hotels & Resorts Worldwide, Inc., HST GP San Diego, LLC set for 4/7/17 at 1:30 pm - VACATED.(no document attached) (ksr) (Entered: 04/06/2017)
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| 49 |
Filed: 4/6/2017, Entered: None |
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ORDER TO SHOW CAUSE Why this Action Should Not be Dismissed for Lack of Subject Matter Jurisdiction. Plaintiff Dugas is directed to answer the Court's OSC on or before April 21, 2017. Defendants, in turn, may file a response on or before April 28, 2017. A hearing on the matter is set for May 12, 2017 at 1:30 pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 4/6/17.(dlg) (Entered: 04/06/2017)
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| 48 |
Filed: 4/3/2017, Entered: None |
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ORDER Denying Plaintiff's 47 Motion to Appear Telephonically. Signed by Judge Gonzalo P. Curiel on 4/3/17. (dlg) (Entered: 04/03/2017)
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| 47 |
Filed: 3/30/2017, Entered: None |
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MOTION, NOTICE of Plaintiff's Request for Telephonic Appearance at Defendants Motion to Dismiss Second Amended Complaint by Paul Dugas re 40 MOTION to Dismiss Second Amended Complaint (Attachments: # 1 proof of service)(Price, Dennis) QC email, incorrect event selected. Edited event to motion (dlg). (Entered: 03/30/2017)
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| 46 |
Filed: 3/27/2017, Entered: None |
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CERTIFICATE OF SERVICE by HST GP San Diego, LLC, HST Lessee San Diego, LP, Starwood Hotels & Resorts Worldwide, Inc. re 45 Reply to Response to Motion, (Wood, Nathanial) (dlg). (Entered: 03/27/2017)
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| 45 |
Filed: 3/24/2017, Entered: None |
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REPLY to Response to Motion re 40 MOTION to Dismiss Second Amended Complaint By Defendants Starwood Hotels & Resorts Worldwide, Inc.; HST Lessee San Diego, LP; HST GP San Diego, LLC filed by HST GP San Diego, LLC, HST Lessee San Diego, LP, Starwood Hotels & Resorts Worldwide, Inc.. (Wood, Nathanial) QC email, missing certificate of service (dlg). (Entered: 03/24/2017)
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| 44 |
Filed: 3/10/2017, Entered: None |
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RESPONSE in Opposition re 40 MOTION to Dismiss Second Amended Complaint filed by Paul Dugas. (Attachments: # 1 proof of service)(Price, Dennis) (dlg). (Entered: 03/10/2017)
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| 43 |
Filed: 2/13/2017, Entered: None |
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SUMMONS Returned Executed by Paul Dugas. Starwood Hotels & Resorts Worldwide, Inc. served. (Handy, Russell) (dlg). (Entered: 02/13/2017)
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| 42 |
Filed: 1/12/2017, Entered: None |
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SUMMONS Returned Executed by Paul Dugas. HST Lessee San Diego, LP served. (Potter, Mark) (dxj). (Entered: 01/12/2017)
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| 41 |
Filed: 1/10/2017, Entered: None |
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ORDER Setting Briefing Schedule re 40 MOTION to Dismiss Second Amended Complaint : The Court sets the following briefing schedule: Any response is due on or before March 10, 2017. Any reply is due on or before March 24, 2017. A hearing is set for April 7, 2017, at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 1/10/17.(dlg) (Entered: 01/10/2017)
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| 40 |
Filed: 1/9/2017, Entered: None |
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MOTION to Dismiss Second Amended Complaint by HST GP San Diego, LLC, HST Lessee San Diego, LP, Starwood Hotels & Resorts Worldwide, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Poston, Jeffrey) (dlg). (Entered: 01/09/2017)
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| 39 |
Filed: 1/6/2017, Entered: None |
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ORDER Approving Pro Hac Vice as to Jeffrey Poston. Signed by Judge Gonzalo P. Curiel on 1/5/2017.(aef) (Entered: 01/06/2017)
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| 38 |
Filed: 1/4/2017, Entered: None |
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ORDER Granting Defendants' 35 Motion to Substitute Attorneys. Signed by Judge Gonzalo P. Curiel on 1/4/17. (dlg) (jao). (Entered: 01/04/2017)
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| 37 |
Filed: 12/23/2016, Entered: None |
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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9680390.) (Application to be reviewed by Clerk.) (Austin, Charles) (aef). (Entered: 12/23/2016)
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| 36 |
Filed: 12/23/2016, Entered: None |
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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9680143.) (Application to be reviewed by Clerk.) (Poston, Jeffrey) (aef). (Entered: 12/23/2016)
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| 35 |
Filed: 12/23/2016, Entered: None |
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MOTION to Substitute Attorney Defendants' Motion for Substitution of Attorneys Jeffrey Poston, Jennifer S. Romano, Nathanial J. Wood and Charles Austin of Crowell & Moring LLP by HST GP San Diego, LLC, HST Lessee San Diego, LP, Starwood Hotels & Resorts Worldwide, Inc.. (Wood, Nathanial) QC MAILER RE: Attorney not associated with a party (dxj). (Entered: 12/23/2016)
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| 34 |
Filed: 12/19/2016, Entered: None |
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ORDER Granting Defendants' 33 Motion for Extension of Time to Respond to Second Amended Complaint. Defendants have up to and including January 9, 2017 to file their response to the Second Amended Complaint. Signed by Judge Gonzalo P. Curiel on 12/19/16. (dlg) (Entered: 12/19/2016)
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| 33 |
Filed: 12/16/2016, Entered: None |
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Joint MOTION for Extension of Time to File Response to Second Amended Complaint by HST GP San Diego, LLC, HST Lessee San Diego, LP, Starwood Hotels & Resorts Worldwide, Inc.. (Ben-Veniste, Richard) (dlg). (Entered: 12/16/2016)
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| 32 |
Filed: 12/8/2016, Entered: None |
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Summons Issued re Second Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dlg) (Entered: 12/08/2016)
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| 31 |
Filed: 12/7/2016, Entered: None |
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AMENDED COMPLAINT with Jury Demand for Class Action against All Defendants, filed by Paul Dugas. (Attachments: # 1 Exhibit, # 2 Proof of Service)New Summons Requested. (Potter, Mark) (dlg). (Entered: 12/07/2016)
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| 30 |
Filed: 11/28/2016, Entered: None |
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ORDER Granting 29 Motion for Extension of Time to Amend Complaint. The deadline to amend the Complaint be extended until December 7, 2016. Signed by Judge Gonzalo P. Curiel on 11/28/16. (dlg) (Entered: 11/28/2016)
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| 29 |
Filed: 11/22/2016, Entered: None |
Unknown Document Type |
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Joint MOTION for Extension of Time to File Second Amended Complaint by Paul Dugas. (Attachments: # 1 proof of service)(Price, Dennis) (dlg). (Entered: 11/22/2016)
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| 28 |
Filed: 11/3/2016, Entered: None |
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ORDER Granting in Part and Denying in Part Defendants' 22 Motion to Dismiss. The Court grants Plaintiff twenty days from the issuance of this Order to file a Second Amended Complaint. Failure to meet the twenty-day deadline to file an amended complaint or failure to cure the deficiencies identified in this Order will result in a dismissal with prejudice. Signed by Judge Gonzalo P. Curiel on 11/3/16. (dlg) (jao). (Entered: 11/03/2016)
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| 27 |
Filed: 6/22/2016, Entered: None |
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ORDER by Judge Gonzalo P. Curiel, Motions Submitted 22 MOTION to Dismiss for Failure to State a Claim, the Court will prepare a written order. Motion Hearing scheduled for 6/24/2016 is vacated. (no document attached) (lsf) (Entered: 06/22/2016)
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| 26 |
Filed: 6/3/2016, Entered: None |
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REPLY to Response to Motion re 22 MOTION to Dismiss for Failure to State a Claim filed by HST GP San Diego, LLC, HST Lessee San Diego, LP, Starwood Hotels & Resorts Worldwide, Inc.. (Ben-Veniste, Richard) (dlg). (Entered: 06/03/2016)
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| 25 |
Filed: 5/13/2016, Entered: None |
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RESPONSE in Opposition re 22 MOTION to Dismiss for Failure to State a Claim filed by Paul Dugas. (Attachments: # 1 Proof of Service)(Price, Dennis) (dlg). (Entered: 05/13/2016)
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| 24 |
Filed: 4/12/2016, Entered: None |
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ORDER Setting Briefing Schedule re 22 MOTION to Dismiss for Failure to State a Claim : Any response is due on or before May 13, 2016. Any reply is due on or before June 3, 2016. A hearing is set for June 24, 2016, at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 4/12/16.(dlg) (jao). (Entered: 04/12/2016)
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| 23 |
Filed: 4/1/2016, Entered: None |
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ORDER by Judge Gonzalo P. Curiel, Court finding as moot 19 Motion to Dismiss Filed by: HST GP San Diego, LLC, HST Lessee San Diego, LP, Starwood Hotels & Resorts Worldwide, Inc., Amended Complaint filed 3/18/2016. (no document attached) (lsf) (Entered: 04/01/2016)
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| 22 |
Filed: 4/1/2016, Entered: None |
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MOTION to Dismiss for Failure to State a Claim by HST GP San Diego, LLC, HST Lessee San Diego, LP, Starwood Hotels & Resorts Worldwide, Inc.. (Attachments: # 1 Memo of Points and Authorities)(Ben-Veniste, Richard) (dlg). (Entered: 04/01/2016)
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| 21 |
Filed: 3/18/2016, Entered: None |
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AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Paul Dugas. (Attachments: # 1 Proof of Service) (Potter, Mark) (nbp) (Entered: 03/18/2016)
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| 20 |
Filed: 2/29/2016, Entered: None |
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ORDER Setting Briefing Schedule re 19 MOTION to Dismiss : Any response is due on or before April 8, 2016. Any reply is due on or before April 22, 2016. A hearing is set for May 13, 2016, at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 2/29/16.(dlg) (jao). (Entered: 02/29/2016)
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| 19 |
Filed: 2/26/2016, Entered: None |
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MOTION to Dismiss by HST GP San Diego, LLC, HST Lessee San Diego, LP, Starwood Hotels & Resorts Worldwide, Inc.. (Attachments: # 1 Memo of Points and Authorities)(Ben-Veniste, Richard) (dlg). (Entered: 02/26/2016)
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| 18 |
Filed: 2/4/2016, Entered: None |
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ORDER Approving Pro Hac Vice as to Richard Ben-Veniste. Signed by Judge Gonzalo P. Curiel on 2/1/2016.(aef) (Entered: 02/04/2016)
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| 17 |
Filed: 2/4/2016, Entered: None |
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ORDER Approving Pro Hac Vice as to Marcus A. Christian. Signed by Judge Gonzalo P. Curiel on 2/1/2016.(aef) (Entered: 02/04/2016)
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| 16 |
Filed: 2/4/2016, Entered: None |
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ORDER Approving Pro Hac Vice as to Rajesh De. Signed by Judge Gonzalo P. Curiel on 2/1/2016.(aef) (Entered: 02/04/2016)
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| 15 |
Filed: 2/1/2016, Entered: None |
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ORDER Granting 12 Joint Motion for Extension of Time to Answer re 1 Complaint, All Defendants responses due 2/29/2016. Signed by Judge Gonzalo P. Curiel on 2/1/2016. (srm) (Entered: 02/01/2016)
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| 14 |
Filed: 1/29/2016, Entered: None |
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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8758474.) (Application to be reviewed by Clerk.) (De, Rajesh) (aef). (Entered: 01/29/2016)
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| 13 |
Filed: 1/29/2016, Entered: None |
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NOTICE of Appearance by Stephen Lilley on behalf of HST GP San Diego, LLC, HST Lessee San Diego, LP, Starwood Hotels & Resorts Worldwide, Inc. (Lilley, Stephen)Attorney Stephen Lilley added to party HST GP San Diego, LLC(pty:dft), Attorney Stephen Lilley added to party HST Lessee San Diego, LP(pty:dft), Attorney Stephen Lilley added to party Starwood Hotels & Resorts Worldwide, Inc.(pty:dft) (dlg). (Entered: 01/29/2016)
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| 12 |
Filed: 1/29/2016, Entered: None |
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Joint MOTION for Extension of Time to File Answer re 1 Complaint, by HST GP San Diego, LLC, HST Lessee San Diego, LP, Starwood Hotels & Resorts Worldwide, Inc.. (Nadolenco, John) (dlg). (Entered: 01/29/2016)
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| 11 |
Filed: 1/27/2016, Entered: None |
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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8750357.) (Application to be reviewed by Clerk.) (Christian, Marcus) (aef). (Entered: 01/27/2016)
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| 10 |
Filed: 1/27/2016, Entered: None |
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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8750322.) (Application to be reviewed by Clerk.) (Ben-Veniste, Richard) (aef). (Entered: 01/27/2016)
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| 9 |
Filed: 1/27/2016, Entered: None |
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NOTICE of Appearance by John Nadolenco on behalf of HST GP San Diego, LLC, HST Lessee San Diego, LP, Starwood Hotels & Resorts Worldwide, Inc. (Nadolenco, John)Attorney John Nadolenco added to party HST GP San Diego, LLC(pty:dft), Attorney John Nadolenco added to party HST Lessee San Diego, LP(pty:dft), Attorney John Nadolenco added to party Starwood Hotels & Resorts Worldwide, Inc.(pty:dft) (dlg). (Entered: 01/27/2016)
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| 8 |
Filed: 1/19/2016, Entered: None |
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SUMMONS Returned Executed by Paul Dugas. HST Lessee San Diego, LP served. (Potter, Mark) (dlg). (Entered: 01/19/2016)
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| 7 |
Filed: 1/19/2016, Entered: None |
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SUMMONS Returned Executed by Paul Dugas. HST GP San Diego, LLC served. (Potter, Mark) (dlg). (Entered: 01/19/2016)
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| Save 25% on a pre-paid one year subscription. |
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| 6 |
Filed: 1/19/2016, Entered: None |
Unknown Document Type |
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SUMMONS Returned Executed by Paul Dugas. Starwood Hotels & Resorts Worldwide, Inc. served. (Potter, Mark) (dlg). (Entered: 01/19/2016)
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| 5 |
Filed: 1/8/2016, Entered: None |
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Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (fth) (jao). (Entered: 01/08/2016)
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| 4 |
Filed: 1/8/2016, Entered: None |
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Fee for Civil Case Opening: $ 400, receipt number 0974-8698536, Paid on 1/8/2016. (no document attached) (Lemkul, William) (srm). (Entered: 01/08/2016)
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| 3 |
Filed: 1/7/2016, Entered: None |
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NOTICE of Appearance by Dennis J. Price, II on behalf of Paul Dugas (Attachments: # 1 Proof of Service)(Price, Dennis)Attorney Dennis J. Price, II added to party Paul Dugas(pty:pla) (srm). (Entered: 01/07/2016)
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| 2 |
Filed: 1/7/2016, Entered: None |
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NOTICE of Appearance by Mark D. Potter on behalf of Paul Dugas (Attachments: # 1 Proof of Service)(Potter, Mark)Attorney Mark D. Potter added to party Paul Dugas(pty:pla) (srm). (Entered: 01/07/2016)
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| 1 |
Filed: 1/5/2016, Entered: None |
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COMPLAINT with Jury Demand against All Defendants (Filing fee Due $ 400.), filed by Paul Dugas. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:16-cv-14-GPC-BLM. Judge Gonzalo P. Curiel and Magistrate Judge Barbara Lynn Major are assigned to the case. (Lemkul, William)(fth) (Entered: 01/05/2016)
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