Case docket
Docket - Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC, No. 2:20-cv-04149 (C.D. Cal.)
Summary
A CourtListener docket for Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC, No. 2:20-cv-04149, in the District Court, C.D. California, before Dean D. Pregerson, with Rozella A. Oliver as the referred judge. It lists the case as a 28:1332 Diversity-Fraud action, nature of suit 370 Other Fraud. The entries begin with a complaint filed May 6, 2020 by Elizabeth M. Byrnes, Inc. and include a motion to dismiss the first amended class action complaint filed Aug 14, 2020. An order of Aug 6, 2021 grants a motion to dismiss all three claims with leave to amend, and a Nov 24, 2021 order dismisses the second amended complaint with prejudice. The last entry is a Final Judgment dated Mar 25, 2022 for the defendants, stating that the plaintiff shall recover nothing.
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Cite this document
“Docket - Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC, No. 2:20-cv-04149 (C.D. Cal.).”
Original at www.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/byrnes-v-fountainhead/undated-courtlistener-docket-17134457-courtlistener-docket-17134457/
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Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC
(2:20-cv-04149)
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District Court, C.D. California
June 12, 2026, 7:46 a.m.
Dean D. Pregerson
Referred To:
Rozella A. Oliver
Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC, 2:20-cv-04149, (C.D. Cal.)
May 6, 2020
Nov. 24, 2021
March 25, 2022
28:1332 Diversity-Fraud
370 Other Fraud
Plaintiff
Diversity
FJC Integrated Database
Items on this page are sourced from PACER and RECAP and may not be up to date. Learn more about our coverage.
May 6, 2020
COMPLAINT Receipt No: ACACDC-26355378 - Fee: $400, filed by Plaintiff Elizabeth M. Byrnes, Inc.. (Attorney Joshua H Haffner added to party Elizabeth M. Byrnes, Inc.(pty:pla))(Haffner, Joshua) (Entered: 05/06/2020)
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May 6, 2020
CIVIL COVER SHEET filed by Plaintiff Elizabeth M. Byrnes, Inc.. (Haffner, Joshua) (Entered: 05/06/2020)
Civil Cover Sheet (CV-71)
May 6, 2020
NOTICE of Interested Parties filed by Plaintiff Elizabeth M. Byrnes, Inc., identifying FOUNTAINHEAD COMMERCIAL CAPITAL, LLC;. (Haffner, Joshua) (Entered: 05/06/2020)
May 6, 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)
May 7, 2020
NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Rozella A. Oliver. (et) (Entered: 05/07/2020)
May 7, 2020
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 05/07/2020)
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
May 7, 2020
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant Fountainhead Commercial Capital, LLC. (et) (Entered: 05/07/2020)
May 19, 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)
May 19, 2020
MINUTE ORDER (IN CHAMBERS) by Judge Dean D. Pregerson: This action has been assigned to the calendar of Judge Dean D. Pregerson. Counsel are encouraged to review the Central Districts website for additional information. The address is http://www.cacd.uscourts.gov. It is not necessary to clear a motion date with the Court Clerk prior to filing the motion. The Court hears motions only on Mondays at 10:00 a.m. (See minutes for further details) (yl) (Entered: 05/20/2020)
Minutes of In Chambers Order/Directive - no proceeding held
May 26, 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)
May 26, 2020
Notice of Appearance or Withdrawal of Counsel: for attorney Michael R Farrell counsel for Defendant Fountainhead Commercial Capital, LLC. Adding Michael R. Farrell 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)
May 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)
May 26, 2020
STIPULATION Extending Time to Answer the complaint as to Fountainhead Commercial Capital, LLC answer now due 6/28/2020, re Complaint (Attorney Civil Case Opening) 1 filed by Defendant Fountainhead Commercial Capital, LLC.(Farrell, Michael) (Entered: 05/26/2020)
Jun 11, 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)
Appear Pro Hac Vice (G-64)
Jun 17, 2020
ORDER by Judge Dean D. Pregerson: GRANTING 14 Non-Resident Attorney Daniel T. Stabila APPLICATION to Appear Pro Hac Vice on behalf of Defendant Fountainhead Commercial Capital, LLC, designating Michael R. Farrell as local counsel. (shb) (Entered: 06/17/2020)
Appear Pro Hac Vice
Jun 29, 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)
Jun 29, 2020
NOTICE OF MOTION AND MOTION to Dismiss Case and Motion to Dismiss Complaint filed by Defendant Fountainhead SBF LLC. Motion set for hearing on 8/10/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Proposed Order) (Farrell, Michael) (Entered: 06/29/2020)
Dismiss Case
Jul 7, 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)
~Util - Set/Reset Hearings AND Order
Jul 17, 2020
First AMENDED COMPLAINT against Defendants Fountainhead Commercial Capital, LLC, Fountainhead SBF LLC amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiff Elizabeth M. Byrnes, Inc.(Haffner, Joshua) (Entered: 07/17/2020)
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Jul 27, 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)
Jul 28, 2020
ORDER GRANTING STIPULATION TO EXTEND DEFENDANTS FOUNTAINHEAD SBF LLC'S AND FOUNTAINHEAD COMMERCIAL CAPITAL, LLC'S TIME TO RESPOND TO PLAINTIFF'S FIRST AMENDED CLASS ACTION COMPLAINT, 20 by Judge Dean D. Pregerson. Pursuant to the parties' stipulation, Defendant Fountainhead SBF LLC's and Fountainhead Commercial Capital, LLC's deadline to answer or otherwise respond to Plaintiff Elizabeth M. Byrnes, Inc.'s First Amended Class Action Complaint shall be extended up to and including August 14, 2020. (shb) (Entered: 07/28/2020)
Extending Answer Due Deadline
Aug 5, 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)
Aug 5, 2020
Text Only Scheduling Notice
Aug 14, 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)
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Aug 24, 2020
OPPOSITION to NOTICE OF MOTION AND MOTION for Order for Motion To Dismiss First Amended Class Action Complaint 23 filed by Plaintiff Elizabeth M. Byrnes, Inc.. (Attachments: # 1 PLAINTIFFS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS FIRST AMENDED CLASS ACTION COMPLAINT)(Haffner, Joshua) (Entered: 08/24/2020)
Response in Opposition to Motion
Aug 31, 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)
Response in Support of Motion
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Sep 8, 2020
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 15 DAYS, filed by Plaintiff Elizabeth M. Byrnes, Inc... (Lambert, Graham) (Entered: 09/08/2020)
Joint Report Rule 26(f) Discovery Plan
Sep 10, 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)
Sep 10, 2020
NOTICE BY TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dean D. Pregerson: The SCHEDULING CONFERENCE set for hearing September 14, 2020, is hereby VACATED. The Courts Scheduling Order to be issued. No Appearance necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY (Entered: 09/10/2020)
Sep 10, 2020
Text Only Scheduling Notice
Oct 1, 2020
INITIAL DISCLOSURE filed by Defendants Fountainhead Commercial Capital, LLC, Fountainhead SBF LLC (Farrell, Michael) (Entered: 10/01/2020)
Disclosure
Oct 1, 2020
Notice of Withdrawal of Disclosure 29 filed by Defendants Fountainhead Commercial Capital, LLC, Fountainhead SBF LLC. (Farrell, Michael) (Entered: 10/01/2020)
Withdrawal (Document or Motion)
Oct 2, 2020
APPLICATION for Order for To Seal Defendants Fountainhead Commercial Capital, LLC And Fountainhead SBF LLLC's Initial Disclosure filed by Defendants Fountainhead Commercial Capital, LLC, Fountainhead SBF LLC. (Attachments: # 1 Proposed Order) (Farrell, Michael) (Entered: 10/02/2020)
Oct 19, 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)
Motion Hearing AND For Order
Oct 21, 2020
TRANSCRIPT ORDER as to Non-party Requester for Court Reporter. Court will contact David Liebov at liebovd@sullcrom.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (ls) (Entered: 10/21/2020)
-Transcript Order Form (G-120)
Oct 26, 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)
For Order
Aug 6, 2021
ORDER GRANTING DEFENDANTS MOTION TO DISMISS, 23 by Judge Dean D. Pregerson: Fountainheads Motion to Dismiss is GRANTED. All three claims are DISMISSED, with leave to amend. Any amended complaint shall be filed within fourteen days of thedate of this Order. IT IS SO ORDERED. (shb) (Entered: 08/09/2021)
For Order
Aug 20, 2021
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)
Amended Complaint/Petition
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Aug 31, 2021
TRANSCRIPT ORDER as to Attorney for Defendant Fountainhead Commercial Capital, LLC, Fountainhead SBF LLC for Court Reporter. Court will contact Lorenia Lopez at llopez@shutts.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Stabile, Daniel) (Entered: 08/31/2021)
-Transcript Order Form (G-120)
Aug 31, 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)
Sep 1, 2021
ORDER GRANTING STIPULATION TO EXTEND DEFENDANTS FOUNTAINHEAD SBF LLC'S AND FOUNTAINHEAD COMMERCIAL CAPITAL, LLC'S TIME TO RESPOND TO PLAINTIFF'S SECOND AMENDED CLASS ACTION COMPLAINT, 38 by Judge Dean D. Pregerson: Pursuant to the parties' stipulation, Defendant Fountainhead SBF LLC's and Fountainhead Commercial Capital, LLC's deadline to answer or otherwise respond to Plaintiff Elizabeth M. Byrnes, Inc.'s Second Amended Class Action Complaint shall beC extended up to and including September 10, 2021. IT IS SO ORDERED. C (shb) (Entered: 09/01/2021)
Extending Answer Due Deadline
Sep 10, 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)
Dismiss (cause or other)
Sep 10, 2021
MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Class Action Complaint 40 filed by Defendants Fountainhead Commercial Capital, LLC, Fountainhead SBF LLC. (Attachments: # 1 Proposed Order granting defendants notice of motion)(Farrell, Michael) (Entered: 09/10/2021)
Memorandum in Support of Motion
Sep 13, 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)
Proof of Service (subsequent documents)
Sep 27, 2021
OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Class Action Complaint 40 filed by Plaintiff Elizabeth M. Byrnes, Inc.. (Attorney Trevor W. Weinberg added to party Elizabeth M. Byrnes, Inc.(pty:pla))(Weinberg, Trevor) (Entered: 09/27/2021)
Response in Opposition to Motion
Oct 4, 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)
Response in Support of Motion
Oct 13, 2021
SCHEDULING NOTICE by Judge Dean D. Pregerson: On the Courts own motion, the Motion to Dismiss Second Amended Class Action Complaint 40 set for hearing 10/18/21 is continued to 10/25/21 at 10:00 a.m. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY (Entered: 10/13/2021)
Oct 13, 2021
Text Only Scheduling Notice
Oct 18, 2021
Joint STIPULATION for Order To Continue Hearing Date Of Motion To Dismiss Second Amended Class Action Complaint filed by Defendants Fountainhead Commercial Capital, LLC. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Farrell, Michael) (Entered: 10/18/2021)
Oct 20, 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)
~Util - Set/Reset Motion Hearing and R&R Deadlines AND Order
Nov 22, 2021
MINUTES OF Motion to Dismiss Second Amended Complaint 40 (Telephone Conference Bridge) Hearing held before Judge Dean D. Pregerson. Court and counsel confer as reflected on the record. The matter is taken under submission. Court Reporter: Maria Bustillos. (lom) (Entered: 11/22/2021)
~Util - Terminate Hearings AND Motion Hearing AND Dismiss
Nov 24, 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)
Dismiss
Feb 15, 2022
NOTICE OF LODGING filed re Order on Motion to Dismiss, 49 (Attachments: # 1 Proposed Order [Proposed] Final Judgment)(Villagomez, Stacey) (Entered: 02/15/2022)
Notice of Lodging
Mar 25, 2022
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)
Judgment
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