Vanginderen v. Cornell University
Libel claim - claims university's digitization of campus newspaper constituted "re-publication" thus reviving claim that would ordinarily be extinguished over twenty years ago.
Disclosure of private facts claim.
| Plaintiff: | Kevin Vanginderen |
|---|---|
| Defendant: | Cornell University |
| Case Number: | 3:2007cv02045 |
| Filed: | October 29, 2007 |
| Court: | California Southern District Court |
| Office: | San Diego Office [ Court Info ] |
| County: | San Diego |
| Presiding Judge: | Judge Barry Ted Moskowitz |
| Referring Judge: | Magistrate Judge Jan M. Adler |
| Nature of Suit: | Torts - Injury - Assault, Libel, and Slander |
| Cause: | 28:1441 Petition for Removal Libel,Assault,Slander |
| Jurisdiction: | Diversity |
| Jury Demanded By: | None |
Available Case Documents
Some selected documents for this case are included below.
| Date Filed | # | Document Text |
|---|---|---|
| October 29, 2007 | 1 | NOTICE OF REMOVAL as to Kevin Vanginderen from San Diego Superior Court, case number 37-2007-00076496-CU-DF-SC. ( Filing fee $ 350 Receipt number 143754), filed by Cornell University. t/w Notice of Party with Financial Interest.(pdc)(bar). |
| October 29, 2007 | 2 | NOTICE of Party With Financial Interest by Cornell University. (vet) |
| October 30, 2007 | 3 | CERTIFICATE OF SERVICE by Cornell University (Davidson, Clifford) Modified on 11/1/2007 - atty not associated w/ party and signature is in incorrect format, atty contacted (vet, ). |
| October 31, 2007 | 4 | PRO HAC VICE APPOINTED: Charles S. Sims appearing for Defendant Cornell University (mkz)(mam). |
| November 1, 2007 | 5 | NOTICE of Appearance by Nelson Eugene Roth on behalf of Cornell University (Roth, Nelson) (vet, ). |
| November 1, 2007 | 6 | NOTICE of Appearance by Clifford Scott Davidson on behalf of Cornell University (Davidson, Clifford) (vet, ). |
| November 2, 2007 | 7 | MOTION to Strike Plaintiff's Complaint by Cornell University. (Attachments: # 1 Memo of Points and Authorities Memorandum of Points and Authorities in Support of Defendant's Special Motion to Strike Plaintiff's Complaint Pursuant to Cal. Code Civ. Pro. sec. 425.16)(Deixler, Bert) (vet, ). |
| November 2, 2007 | 8 | NOTICE: Request for Judicial Notice in support re 7 MOTION to Strike Plaintiff's Complaint by Cornell University (Attachments: # 1 Exhibits in Support of Special Motion to Strike# 2 Declaration of Valerie Cross Dorn in Support of Request for Judicial Notice# 3 Declaration of Anne Richardson Kenney in Support of Defendant's Request for Judicial Notice)(Deixler, Bert) Modified on 11/5/2007 - edited text (vet, ). |
| November 2, 2007 | 9 | CERTIFICATE OF SERVICE by Cornell University re 7 MOTION to Strike Plaintiff's Complaint, 8 Notice (Other) (Deixler, Bert) Modified on 11/5/2007 - edited text (vet, ). |
| November 7, 2007 | 10 | DECLARATION of Valerie Cross Dorn in further support re 8 Notice: Request for Judicial Notice by Defendant Cornell University. (Attachments: # 1 Corrected exhibit D)(Davidson, Clifford) Modified on 11/8/2007 - edited text (vet, ). |
| November 7, 2007 | 11 | CERTIFICATE OF SERVICE by Cornell University re 10 Declaration of Valerie Cross Dorn (Davidson, Clifford) Modified on 11/8/2007 - edited text (vet, ). |
| November 21, 2007 | 12 | Memorandum of Points and Authorities in Opposition re 7 MOTION to Strike Plaintiff's Complaint filed by Kevin Vanginderen. (Attachments: # 1 Affidavit of Kevin Vanginderen in support of memorandum of points and authorities)(vet) |
| December 12, 2007 | 13 | NOTICE of Supplemental Request for Judicial Notice by Cornell University re 7 MOTION to Strike Plaintiff's Complaint (Attachments: # 1 Exhibit Exhibit E# 2 Exhibit Exhibit F# 3 Declaration Declaration of Nelson E. Roth in Support of Supplemental Request for Judicial Notice)(Deixler, Bert) Modified on 12/12/2007 at request of atty to add document text (mjj, ) |
| December 12, 2007 | 14 | CERTIFICATE OF SERVICE by Cornell University re 13 Notice (Other), Notice (Other) Supplemental Request for Judicial Notice (Deixler, Bert) (vet, ). |
| December 14, 2007 | 15 | REPLY to Response to Motion re 7 MOTION to Strike Plaintiff's Complaint filed by Cornell University. (Deixler, Bert) (vet, ). |
| December 14, 2007 | 16 | DECLARATION of Simeon F. Moss in support re 15 Reply to Response to Motion to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure by Defendant Cornell University. (Deixler, Bert) Modified on 12/17/2007 - edited text (vet, ). |
| December 14, 2007 | 17 | DECLARATION of Clifford S. Davidson in support re 15 Reply to Response to Motion to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure by Defendant Cornell University. (Attachments: # 1 Exhibit A)(Deixler, Bert) Modified on 12/17/2007 - edited text (vet, ). |
| December 14, 2007 | 18 | OBJECTION by Cornell University re 12 Affidavit in Opposition to Motion to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure (Deixler, Bert) (vet, ). |
| December 14, 2007 | 19 | CERTIFICATE OF SERVICE by Cornell University re 16 Declaration, 17 Declaration, 18 Objection, 15 Reply to Response to Motion to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure (Deixler, Bert) (vet, ). |
| December 20, 2007 | 20 | Discrepancy Order by Judge Barry Ted Moskowitz accepting document: Plaintiff's Response to Defendant's Reply from Plaintiff Kevin Vanginderen, non-compliance with local rule Other: No Provision for Surreplies in the Local Rules. Signed by Clerk of Court on 12/19/07. (vet) |
| December 20, 2007 | 21 | RESPONSE to Defendant's Reply in further support re 7 MOTION to Strike Plaintiff's Complaint filed by Kevin Vanginderen. NUNC PRO TUNC 12/18/07. (vet) |
| December 27, 2007 | 23 | NOTICE by Cornell University to Court of California Supreme Court Decision (Attachments: # 1 Exhibit Exhibit A (California Supreme Court decision in the Hebrew Academy case))(Davidson, Clifford) Modified on 12/28/2007 - atty contacted missing proof of service (vet, ). |
| December 28, 2007 | 24 | CERTIFICATE OF SERVICE by Cornell University re 23 Notice (Other), Notice (Other) to Court of California Supreme Court Decision (Davidson, Clifford) (jpp, ). |
| April 28, 2008 | 25 | NOTICE by Cornell University of related case(s) 08-cv-736-w-jma (Davidson, Clifford) Modified on 4/29/2008 - low-number order prepared (vet). |
| April 28, 2008 | 26 | CERTIFICATE OF SERVICE by Cornell University re 25 Notice of Related Case (Davidson, Clifford) (vet). |
| June 3, 2008 | 27 |
|
| June 4, 2008 | 28 | CLERK'S JUDGMENT IT IS SO ORDERED AND ADJUDGED that the Complaint is dismissed with prejudice. (jpp) |
| June 4, 2008 | 29 | NOTICE by Cornell University to Plaintiff of Ruling and Judgment (Attachments: # 1 Exhibit Exhibits A and B)(Davidson, Clifford) (mkz). |
| June 4, 2008 | 30 | CERTIFICATE OF SERVICE by Cornell University re 29 Notice of Ruling and Entry of Judgment (Davidson, Clifford) (mkz). |
| June 13, 2008 | 31 | NOTICE OF APPEAL as to 28 Clerk's Judgment by Kevin Vanginderen. (Filing Fee: Paid, Receipt #151924) (leh) |
| June 18, 2008 | 32 | BILL OF COSTS submitted by Defendant Cornell University in the amount of $ 1049. (Davidson, Clifford) (vet). |
| June 18, 2008 | 34 | NOTICE by Cornell University to Plaintiff of Application to the Clerk to Tax Costs by Defendant Cornell University (Davidson, Clifford) (vet). |
| June 18, 2008 | 35 | DECLARATION re 34 Notice (Other), 32 Bill of Costs of Clifford S. Davidson by Defendant Cornell University. (Davidson, Clifford) (vet). |
| June 18, 2008 | 36 | CERTIFICATE OF SERVICE by Cornell University re 34 Notice (Other), 35 Declaration, 32 Bill of Costs (Davidson, Clifford) (vet). |
| June 24, 2008 | 37 | USCA Time Scheduling Order as to 31 Notice of Appeal filed by Kevin Vanginderen. (leh) |
| July 2, 2008 | 38 | MOTION for Attorney Fees by Cornell University. (Attachments: # 1 Memo of Points and Authorities in Support of Cornell's Motion for Attorneys' Fees)(Davidson, Clifford) (vet). |
| July 2, 2008 | 39 | DECLARATION re 38 MOTION for Attorney Fees of Bert H. Deixler by Defendant Cornell University. (Davidson, Clifford) (vet). |
| July 2, 2008 | 40 | DECLARATION re 38 MOTION for Attorney Fees of Clifford S. Davidson by Defendant Cornell University. (Attachments: # 1 Exhibit A through C)(Davidson, Clifford) (vet). |
| July 2, 2008 | 41 | CERTIFICATE OF SERVICE by Cornell University re 38 MOTION for Attorney Fees, 40 Declaration, 39 Declaration (Davidson, Clifford) (vet). |
| July 3, 2008 | 42 | TRANSCRIPT REQUEST by Kevin Vanginderen re 31 Notice of Appeal: No Hearings Held. (asw) |
| July 3, 2008 | 43 | Objection to Bill of Costs filed by Kevin Vanginderen. (vet) |
| July 3, 2008 | 44 | Certificate of Record transmitted to USCA re 31 Notice of Appeal (asw) |
| July 8, 2008 | 45 | Costs Taxed in amount of $ 738.00 against plaintiff Kevin Vanginderen (All non-registered users served via U.S. Mail Service).(nsp) |
| July 21, 2008 | 46 | NOTICE of DUSCA Receipt of Certificate of Record re 31 Notice of Appeal filed by Kevin Vanginderen. USCA Case Number 08-56020. (asw) |
| July 28, 2008 | 47 | Discrepancy Order by Judge Barry Ted Moskowitz accepting document: Plaintiff's Opposition to Defendant's Motion for Attorney's Fees from Plaintiff Kevin Vanginderen, non-compliance with local rule 7.1 Missing table of contents. (All non-registered users served via U.S. Mail Service).(vet) |
| July 28, 2008 | 48 | RESPONSE in Opposition re 38 MOTION for Attorney Fees filed by Kevin Vanginderen. NUNC PRO TUNC 7/24/08. (vet) |
| July 31, 2008 | 49 | REPLY re 38 MOTION for Attorney Fees filed by Cornell University. (Attachments: # 1 Declaration of Clifford S. Davidson in Further Support of Cornell's Motion for Attorneys' Fees)(Davidson, Clifford) (jpp). |
| July 31, 2008 | 50 | CERTIFICATE OF SERVICE by Cornell University re 49 Reply in Further Support of Cornell's Motion for Attorneys' Fees (Davidson, Clifford) (jpp). |
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| Plaintiff: Kevin Vanginderen | |
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| Defendant: Cornell University | |
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