Sean David Morton et al v. Bennett Ellenbogen et al
| Sean David Morton and Melissa Morton |
| Bennett Ellenbogen, Tim Johnson, Eric Holder, Jr. and Thomas P. O'Brien |
| 2:2009cv01875 |
| March 18, 2009 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Los Angeles |
| Anderson |
| Chooljian |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1964 Racketeering (RICO) Act |
| None |
Docket Report
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| Filing 21 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 13 , CCA # 09-56041. The Decision of the District Court is AFFIRMED. Mandate received in this district on 10/07/09. (lr) |
Filing 20
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 13 filed by Melissa Morton, Sean David Morton, CCA # 09-56041. A review of the record and the response to the July 9, 2009 order to show cause indicates that the questions raised in this appeal are so insubstantial as no to require further argument. See United States v. Hooton, 693 F. 2d 857, 858 (9th Cir. 1982)(per curiam)(stating standard). Accordingly, we summarily affirm the district court's judgment. AFFIRMED. Order received in this district on 9/15/09. (lr)
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Filing 19
ORDER from 9th CCA filed re: 9th CCA Assigned Case Number Notice 18 filed by Melissa Morton, Sean David Morton, CCA # 09-56041. The ORDER received in this district on 07/09/2009. A review of the record demonstrates that this appeal may be appropriate for summary disposition because the questions on which the decision in the appeal depends may be so insubstantial as not to justify further proceedings. Within 21 days from entry of this order, appellants' shall show cause why the judgment in this appeal should not be summarily affirmed. Appellees may file a reply to appellants' response within ten days from service of the response. Appellants' failure to comply with this order shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. (lra)
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| Filing 18 NOTIFICATION by Circuit Court of Appellate Docket Number 09-56041, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 13 as to Plaintiffs Sean David Morton, Melissa Morton. (lra) |
| Filing 16 CERTIFICATE OF RECORD Transmitted to USCA re Notice of Appeal to 9th Circuit Court of Appeals, 13 filed by Melissa Morton, Sean David Morton ; (car) |
| Filing 15 NOTICE OF APPEAL NOTIFICATION form issued regarding Notice of Appeal to 9th Circuit Court of Appeals, 13 as to Plaintiffs Sean David Morton, Melissa Morton. (car) |
| Filing 14 FILING FEE LETTER issued as to Plaintiffs Sean David Morton, Melissa Morton, re Notice of Appeal to 9th Circuit Court of Appeals, 13 (car) |
| Filing 17 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals, 13 as to Plaintiffs Sean David Morton, Melissa Morton; Receipt Number: 726, Paid in the amount of $455. (lr) |
| Filing 13 NOTICE OF APPEAL to the 9th CCA filed by plaintiffs Sean David Morton, Melissa Morton. Appeal of Order on Motion to Dismiss Case, 12 Filed On: 6/15/09; Entered On: 6/17/09; Filing fee $ 455, billed. cc: Sean David Morton, Melissa Morton; Leon W. Weidman and Richard Park, Assistant United States Attorneys (car) |
| Filing 12 MINUTES - IN CHAMBERS by Judge Percy Anderson: The Court finds that Defendants Bennett Ellenbogen, Tim Johnson, Eric Holder, Jr., and Thomas P. O'Brien's Motion to Dismiss 10 is appropriate for decision without oral argument. The hearing calendared for 6/15/2009, is vacated, and the matter taken off calendar. Although it is somewhat difficult to decipher Plaintiffs' rambling and confusing Complaint, the Court concludes that the Complaint falls well below the "plausibility" standard established in Twombly, 550 U.S. at 570, 127 S. Ct. at 1974. Plaintiffs' theories and allegations do not state viable claims for relief, nor could they even if Plaintiffs were granted leave to amend. Accordingly, the Court dismisses this action with prejudice. ( MD JS-6. Case Terminated ) Court Reporter: Not Reported. (gk) |
| Filing 11 Plaintiff's Opposition to Defendants' Motion to Dismiss Case Or In The Alternative For A More Definite Statement; 10 filed by Plaintiff Sean David Morton. (es) |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss Case Or In The Alternative For A More Definite Statement; Memorandum of Points and Authorities with proof of service filed by Defendants Bennett Ellenbogen, Tim Johnson, Eric Holder, Jr, Thomas P. O'Brien. Motion set for hearing on 6/15/2009 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Exhibit Proof of Service)(Park, Richard) |
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Filing 4
SELF-REPRESENTATION ORDER by Judge Percy Anderson: One or more of the parties to this action has elected to appear pro se. This Order is intended to bring certain aspects of law and motion practice to your attention at an early stage in the litigation to remedy problems commonly associated with pro se pleadings. See document for details. (gk)
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Filing 3
STANDING ORDER by Judge Percy Anderson: This action has been assigned to the calendar of Judge Percy Anderson. Both the Court and the attorneys bear responsibility for the progress of litigation in the Federal Courts. To secure the just, speedy, and inexpensive determination of every action, Fed. R.Civ. P. 1, all counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. (lom)
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| Filing 9 CERTIFICATE OF SERVICE Executed by Plaintiffs Sean David Morton and Melissa Morton, upon Civil Process Clerk, U.S. Attorney's Office, Central District of California; Bennett Ellenbogen, U.S. SEC, NY Regional Office; Thomas P. O'Brien, U.S. Attorney, Central District of California; Eric Holder, Jr., U.S. Attorney General, U.S. Department of Justice; and Tim Johnson, U.S. SEC, NY Regional Office served on 3/18/2009, answer due 5/17/2009. The Summons and Complaint were served by certified mail. Return receipt not attached. Original Summons not returned. (gk) |
| Filing 8 PROOF OF SERVICE Executed by Plaintiffs Sean David Morton and Melissa Morton, upon Bennett Ellenbogen. The Summons and Complaint were served by registered or certified mail, by Federal statute. Date of mailing is not indicated, return receipt not attached, proof of service signed on 3/19/2009. Original Summons not returned. (gk) |
| Filing 7 PROOF OF SERVICE Executed by Plaintiffs Sean David Morton and Melissa Morton, upon Eric Holder, Jr., U.S. Attorney General. The Summons and Complaint were served by registered or certified mail, by Federal statute. Date of mailing is not indicated, return receipt not attached, proof of service signed on 3/19/2009. Original Summons not returned. (gk) |
| Filing 6 PROOF OF SERVICE Executed by Plaintiffs Sean David Morton and Melissa Morton, upon Thomas P. O'Brien, U.S. Attorney General. The Summons and Complaint were served by registered or certified mail, by Federal statute. Date of mailing is not indicated, return receipt not attached, proof of service signed on 3/19/2009. Original Summons not returned. (gk) |
| Filing 5 PROOF OF SERVICE Executed by Plaintiffs Sean David Morton and Melissa Morton, upon Tim Johnson. The Summons and Complaint were served by registered or certified mail, by Federal statute. Date of mailing is not indicated, return receipt not attached, proof of service signed on 3/19/2009. Original Summons not returned. (gk) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Sean David Morton, Melissa Morton. (ghap) |
| Filing 1 COMPLAINT against Defendants Bennett Ellenbogen, Tim Johnson, Eric Holder, Jr, Thomas P. O'Brien. (Filing fee $ 350: FEE PAID.), filed by plaintiffs Sean David Morton, Melissa Morton.(ghap) |
| 60 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Bennett Ellenbogen, Tim Johnson, Eric Holder, Jr, Thomas P. O'Brien. (ghap) |
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