Procopio v. Conrad Prebys Trust et al
| Vincent Procopio |
| Conrad Prebys Trust and Caltrans Right of Way - Airspace Division |
| 3:2014cv01651 |
| July 11, 2014 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Anthony J. Battaglia |
| Karen S. Crawford |
| Fraud or Truth-In-Lending |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
71
ORDER denying 68 Motion for Reconsideration and granting 68 Motion for Clarification. Plaintiff may file an amended complaint with sixty (60) days of the date of this order. While the Court has granted Plaintiff leave to amend the claims listed above, that does not entitle Plaintiff to plead entirely new causes of action. Plaintiff must limit his amendment to curing the pleadingdeficiencies as set forth in Doc. No. 43. Signed by Judge Anthony J. Battaglia on 2/9/2017. (All non-registered users served via U.S. Mail Service)(acc)
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Filing
65
ORDER granting in part and denying in part 60 Motion to Alter Judgment. Plaintiff's motion to alter the Court's August 31, 2016 judgment is GRANTED INPART and DENIED IN PART. The Court finds that it was within its discretion to strike Pl aintiff's constitutional challenge for failure to comply with Rule 8 and 12(f) of the Federal Rules of Civil Procedure. Therefore, Plaintiff's motion to alter the Court's judgment as to his constitutional challenge to the California Se lf-Service Storage Facility Act is DENIED. Due to a change in controlling law, Plaintiff's motion to alter the Court's judgment dismissing Plaintiff's Political Reform Act, RICO, UCC, § 1985(3) and California Penal Code claims wit h prejudice is GRANTED. Plaintiff may file an amended complaint within sixty (60) days of the date of this order. Failure to cure the deficiencies noted herein may result in dismissal without further opportunity to amend. While the Court has granted Plaintiff leave to amend some of his claims that does not entitle Plaintiff to plead entirely new causes action. Thus, Plaintiff must limit his amendment to curing the pleading deficiencies in only the claims granted leave to amend. Signed by Judge Anthony J. Battaglia on 11/18/2016. (acc)
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Filing
52
ORDER granting 47 Motion to Certify Plaintiff's Constitutional Challenge. The Court strikes Doc. No. 49 from the docket. The Clerk of Court is directed to provide a copy of this order, as well as the second amended complaint, to the California Attorney General. Plaintiffs request for service through the United States Marshal is granted. Signed by Judge Anthony J. Battaglia on 8/31/2016. (Certified Copy to USM) (acc)
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Filing
24
ORDER: Sua Sponte Dismissing Plaintiff's Claim; Granting Defendants' 13 Motion to Quash Service of Process and Set Aside Entry of Default; Denying Defendants' Motion to Dismiss; and Denying Without Prejudice Plainitiff's Mot ion for Access to the Court's Electronic System. Plaintiffs fifth cause of action is dismissed with leave to amend. If Plaintiff chooses to amend his complaint he must do so within thirty (30) days of the date of this order. If Plaintiff choo ses not to amend his complaint, he must notify the Court so further action can be taken regarding service by the United States Marshals Service. Defendants' motion to quash service and set aside entry of default is granted. The Clerk of Court is instructed to set aside the entry of default entered on April 30, 2015, against Defendants Gregory J. Smith and Conrad Prebys Trust dba Secure Self Storage, LLC. The Clerk of Court is further instructed to strike the entry of default from the doc ket. Defendants' request for dismissal of Plaintiffs amended complaint for failure to serve is denied. Plaintiffs motion for access to the Courts electronic filing system is denied without prejudice. Plaintiff is directed to file an amended motion seeking CM/ECF access no later than fourteen (14) days of the date of this order. Plaintiff is ordered to contact chambers within ten (10) days of the date of this order to notify the Court of his current address. Signed by Judge Anthony J. Battaglia on 8/6/15. (All non-registered users served via U.S. Mail Service)(dlg)
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