Maria V Altmann v. Republic of Austria, et al
Plaintiff: Maria V Altmann
Defendant: Republic of Austria and Austrian Gallery
Amicus Curiae: Bet Tzedek Legal Services
Case Number: 2:2000cv08913
Filed: August 22, 2000
Court: US District Court for the Central District of California
Presiding Judge: Florence-Marie Cooper
Referring Judge: Suzanne H Segal
Nature of Suit: Other Fraud
Cause of Action: 31 U.S.C. § 3731
Jury Demanded By: None
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Docket Report

This docket was last retrieved on May 23, 2005. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 23, 2005 Opinion or Order Filing 92 STIPULATION AND ORDER by Judge Florence-Marie Cooper: Action be dismissed in its entirety with prejudice pursuant to FRCP 41(a)(1)(ii). Each of the parties shall bear his, her or its own costs and attorneys fees in connection with the above-captioned action. (Made JS-6. Case Terminated.)(ir, )
March 9, 2005 Filing 91 NOTICE of Removal from Calendar of Defendant The Austrian Gallery's Motion to compel and to determine sufficiency of responses filed by Defendants Republic of Austria, Austrian Gallery. (shb, )
March 8, 2005 Filing 90 SUPPLEMENTAL MEMORANDUM of Defendant The Austrian Gallery in support of Motion to compel and to determine sufficiency of responses 85 filed by Defendants Republic of Austria, Austrian Gallery. (ir, )
March 7, 2005 Filing 89 MINUTES: TELEPHONIC STATUS CONFERENCE; Court GRANTS defense counsel request for a forthwith telephone conference with attorneys for both sides. Court and counsel confer concerning a question of confidentiality by Judge Florence-Marie Cooper Court Reporter: Pat Cuneo. (ir, )
February 25, 2005 Filing 88 DECLARATION of E Randol Schoenberg in opposition to Defendants motion to compel 85 filed by Plaintiff Maria V Altmann. (ir, )
February 23, 2005 Filing 87 DECLARATION of Tanya L Forsheit in support of Motion to compel and to determine sufficiency of responses 85 filed by Defendants Republic of Austria, Austrian Gallery. (ir, )
February 23, 2005 Filing 86 JOINT STIPULATION: Defendants Motion to compel responses to document requests and Interrogatories and to determine sufficiency of RFA Responses. (ir, )
February 23, 2005 Filing 85 NOTICE OF MOTION AND MOTION to Compel responses to document requests and Interrogatories and to determine sufficiency of RFA responses of Defendant The Austrian Gallery filed by Defendants Republic of Austria, Austrian Gallery. Motion set for hearing on 3/22/2005 at 10:00 AM before Honorable Florence-Marie Cooper. Lodged Proposed Order. (ir, )
February 2, 2005 Filing 84 MANDATE of 9th CCA filed as to Appeal to Circuit Court, 36 , CCA # 01-56003, 01-56398. The judgment of said district court is remanded. Mandate received in this district on 2/7/05. (ghap, )
October 18, 2004 Opinion or Order Filing 83 ORDER FOR COURT TRIAL by Judge Florence-Marie Cooper: (1) Cut-off Date for Discovery 6/30/05; (2) Cut-off Date for Joint Parties or Amending Pleadings 9/12/05; (3) Cut-off Date for Hearing Motions 9/12/05; (4) Expert Witness Exchange Deadlines: Initial for Plaintiff is 7/31/05 and Defense is 8/31/05; Supplemental 9/15/05; (5) Settlement Conference to begin by 3/7/05; (6) Pre-Trial Conference 10/17/05; Trial Date 11/1/05 at 8:00 (See document for further details).(ir, )
October 18, 2004 Filing 82 NOTICE AND REQUEST of Settlement Procedure Selection (Sp3) filed; Parties request to appear before a retired judicial officer or other dispute resolution body for mediation type settlement proceedings; Settlement procedure selection request granted By Order of Florence-Marie Cooper (ir, )
October 8, 2004 Filing 81 JOINT REPORT of Counsel pursuant to FRCP 26(f) and Local Rule 26-1 filed; estimated length of trial 5-10 Court Days. (ir, )
September 24, 2004 Filing 80 ANSWER to First Amended Complaint #68 filed by defendants' Austrian Gallery, Republic of Austria.(bp, )
September 9, 2004 Opinion or Order Filing 76 ORDER: Defendant's motion to dismiss is DENIED 73 . Judge Florence-Marie Cooper (bp, )
September 9, 2004 PLACED IN FILE - NOT USED re proposed order granting defendants' motion to dismiss submitted by defendants' Austrian Gallery, Republic of Austria. (bp, )
September 8, 2004 Filing 79 REQUEST FOR JUDICIAL NOTICE filed by plaintiff Maria V Altmann. (bp, )
September 3, 2004 Filing 78 REPLY memorandum of Points and Authorities in support of MOTION to Dismiss Case MOTION for Reconsideration MOTION for Reconsideration 73 filed by defendants Austrian Gallery, Republic of Austria. (bp, )
September 3, 2004 Filing 77 EVIDENTIARY OBJECTIONS to declaration of E. Randol Schoenberg in support of Maria Altmann's opposition to MOTION to Dismiss Case MOTION for Reconsideration MOTION for Reconsideration 73 filed by defendants' Austrian Gallery, Republic of Austria. (bp, )
August 19, 2004 Filing 75 MEMORANDUM of points and authorities in Opposition to MOTION to Dismiss Case MOTION for Reconsideration MOTION to Dismiss Case MOTION for Reconsideration 73 filed by plaintiff Maria V Altmann. (bp, )
August 16, 2004 Filing 73 NOTICE OF MOTION AND MOTION to Dismiss Case, MOTION for Reconsideration filed by defendants' Austrian Gallery, Republic of Austria. Motion set for hearing on 9/13/2004 at 10:00 AM before Honorable Florence-Marie Cooper. Lodged proposed order. (bp, )
August 9, 2004 Filing 72 NOTICE OF ERRATA filed by Plaintiff Maria V Altmann. correcting First Amended Complaint #68 (bp, )
August 9, 2004 Filing 71 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously asssigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Suzanne H. Segal for discovery. Case number will now read CV 00-8913 FMC (SSx). (rn, )
August 5, 2004 Filing 70 MINUTES: Status Conference after remand from Ninth Circuirt Court of Appeals. The court and counsel discuss the status of the case. The court sets a scheduling conference on October 18, 2004 at 9:00 a.m. Trial counse are ordered to be present. At least seven days prior to the scheduling conference, the parties must submit to the court their rule 26(f) report, outlining their discovery plan as established at the rule 26(a)(1) meeting of counsel. Judge Florence-Marie Cooper.Court Reporter: Pat Cuneo. (bp, )
July 29, 2004 Filing 69 NOTICE of order of United States Court of Appeal for the Ninth Circuit filed by plaintiff Maria V Altmann. (bp, )
July 29, 2004 Filing 68 FIRST AMENDED COMPLAINT against defendants Austrian Gallery, Republic of Austria amending Complaint - (Discovery) 1 , filed by plaintiff Maria V Altmann (jj, ) (rhe).
July 29, 2004 Filing 67 MINUTES: The court, having been advised of the ruling by the Ninth Circuit Court of Appeals, now resets a status conference on 8/5/04 at 9:00 a.m. OF Judge Florence-Marie.Court Reporter: Not present. (bp, )
July 27, 2004 Filing 66 MINUTES: The court, having read and considered the defendant's notice of pendency of motion before teh United States Court of Appeals for the Ninth Circuit, filed on July 26, 2004, now takes the status conference of July 28, 2004 off calendar. Judge Florence-Marie Cooper.Court Reporter: Not present. (bp, )
July 26, 2004 Filing 65 NOTICE OF PENDENCY OF MOTION BEFORE THE UNITED STATES COURT OF APPEALS filed by defendants Austrian Gallery, Republic of Austria. (pj, )
July 19, 2004 Filing 64 MINUTES: The court has received the mandate from the ninth circuit court of appeals on 7/16/04. The matter, having been AFFIRMED and REMANDED, is now hereby set for a status conference on 7/28/04 at 2:30 p.m. Honorable Florence-Marie Cooper. Court Reporter: Not present. (bp, )
July 16, 2004 Filing 74 Appeal Record Returned from 9th CCA RE: RECORD ON APPEAL sent to Circuit Court re: Appeal number, 01-56003;01-56398; USSC #03-13 Record consists of 1 thru 2 volumes, 1 transcript, 1 brown folder (Document #12). (Document #11 not available) (wdc, ) Received: Volume(s): 1 through 2; Transcripts(s): 1; 1 brown folder # B0012. (ghap, )
July 13, 2004 Filing 63 MANDATE of 9th CCA filed as to Appeal Number Info from USCA (A-8) 61 , Appeal to Circuit Court, 36 , CCA # 01-56003; 01-56398. The judgment of said District Court is affirmed and remanded. Mandate received in this district on 07/16/04. (wdc, )
January 8, 2004 Filing 62 RECORD ON APPEAL sent to Circuit Court re: Appeal number, 01-56003;01-56398; USSC #03-13 Record consists of 1 thru 2 volumes, 1 transcript, 1 brown folder (Document #12). (Document #11 not available) (wdc, )
January 8, 2004 Filing 61 NOTIFICATION by Circuit Court of Appellate Docket Number 01-56398, 9th CCA regarding Appeal to Circuit Court, 42 filed by Republic of Austria, Austrian Gallery. (wdc, ) Modified on 1/8/2004 (wdc, ).
June 25, 2003 Filing 59 NOTICE of Clerical Error and Correction of Scanned Document. You are hereby notified that due to a clerical error, the following scanned document has been corrected as indicated below. The notice of discrepancie, filed on May 5, 2003. The date received has been changed from 5/14/02 to 5/14/03. (bp)
May 16, 2003 Opinion or Order Filing 57 NOTICE OF DISCREPANCY AND ORDER by Judge Florence-Marie Cooper ordering reply in support of applicatio submitted received on 5/16/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (bp)
May 14, 2003 Filing 58 RECORD on appeal returned from U.S. Court of Appeals re appeal [36-1] vols: 1 thru 2; transcripts: 1; brown folders: 1, document number 12. (cbr)
May 14, 2003 Opinion or Order Filing 56 NOTICE OF DISCREPANCY AND ORDER by Judge Florence-Marie Cooper ordering proof of service of order of the Supreme Court submitted received on 5/14/03 is not to be fld but instead rejected (bp)
January 21, 2003 Opinion or Order Filing 55 ORDER FROM USCA: Motion of United States of America for Leave to File Brief as Amicus Curiae in Support of Petition For Rehearing and Suggestion of Rehearing En Banc granted. (01-56003, 01-56398) (pjap)
January 14, 2003 Opinion or Order Filing 54 ORDER FROM USCA: we deny the appellee's motion to dismiss untimely petition for panel rehearing with suggestion for rehearing En Banc & for issuance of Mandate, & order the the appellee to respond to the appellants' petition on or before 1/30/03. No further extensions of time will be granted in this matter, including in any & all future proceedings. The appellee's motion is hereby denied. (01-56003, 01-56398) (weap)
August 9, 2002 Filing 53 NOTICE OF CHANGE Of Firm Name filed by atty E Randol Schoenberg for plaintiff Maria V Altmann that Lawfirm name has changed to Burris & Schoenberg, LLP, 12121 Wilshire Blvd, Ste 800, Los Angeles, CA 90025; Telephone No.: 310-442-5559; Fax No.: 310-442-0353. (jp)
June 25, 2002 Filing 52 JOINT REPORT as to status of appeal filed (bp)
June 20, 2002 Opinion or Order Filing 51 MINUTES: The court orders parties to file a joint report as to the status of the appeal within 10 days from the date of this order by Judge Florence-Marie Cooper CR: N/A (bp)
May 30, 2002 Opinion or Order Filing 60 ORDER from 9th CCA filed as to Appeal to Circuit Court, 36 filed by Republic of Austria, Austrian Gallery, CCA # 01-56003; 01-56398. This case is ordered resubmitted. (wdc, )
April 4, 2002 Opinion or Order Filing 50 ORDER FROM USCA a sttlmnt assessmant conf will be held by telephone on 4/12/02,at 10:30 a.m. PACIFIC Time. 01-56003 & 01-56398 (ghap)
March 25, 2002 Opinion or Order Filing 49 ORDER FROM USCA app is ref to the mediation unit to explore a possible resolution through mediation. Submission of this case is vac until fur ord of the crt. 01-56003 & 01-56398 (ghap)
February 19, 2002 Opinion or Order Filing 48 ORDER FROM USCA Bet Tzedek Legal Services'mot for leave to file amicus brief is GR. 01-56003,01-56398 (ghap)
February 8, 2002 Filing 47 CLERK'S record on appeal transmitted to Circuit [36-1] vols: 2;transcripts: 1 & brown folder doc # 12. (not included doc# 11) 01-56003 & 01-56398 (ghap)
December 19, 2001 Filing 46 NOTICE OF CHANGE Of Address filed by atty E Randol Schoenberg for plaintiff Maria V Altmann; New address reflect a new suite # & ne 9-digit zip code; 12121 Wilshire Blvd, Ste 800, Los Angeles, CA 90025-1168. (nhac)
November 5, 2001 Opinion or Order Filing 45 ORDER FROM USCA: Applnt's alternative req for an ext of time to fl reply is GR. Reply brief is due 11/05/01. (cbr)
August 31, 2001 Filing 44 CERTIFICATE of Record Transmitted to USCA - 01-56398; 01-56003 (cc: all parties). (wdc)
August 30, 2001 Filing 43 NOTICE of No Transc Designated or Ord for C/A for the 9th Circuit Docket # 01-56398 (Consol w/ 01-56003). (wdc)
August 23, 2001 Appeal Fee Paid re [42-1] fee in amount of $ 105.00. (01-56398) (wdc) Modified on 08/24/2001
August 20, 2001 Filing 42 CC ORDER FROM USCA: Petn for permission to app purs to 28 U.S.C. Section 1292(b) is GR. W/in 10 days of this ord, petrs shall perfect app purs to FRAP 5(d). Upon petrs' compliance w/this ord & docketing of new app, Clerk shall consol newly opened app w/app no. 01-56003. Resp's mot to expedite is GR. Briefing sched in app no. 01-56003 shall govern consol apps. Provisions of 9th Circuit Rule 31-2.2(a) shall not apply to this briefing sched. Clk shall cal consol apps on next available cal after completion of briefing. (01-80108) (01-56398) (pjap) Modified on 08/24/2001
July 19, 2001 Filing 41 AMENDED CERTIFICATE of Record Transmitted to USCA (01-56003) (cc: all parties) (pjap)
July 16, 2001 Filing 40 NOTIFICATION by Circuit Court of Appellate Docket Number appeal [36-1] 01-56003 (dlu)
July 11, 2001 Filing 39 CERTIFICATE of Record Transmitted to USCA (01-80108) (cc: all parties) (pjap)
July 2, 2001 Filing 38 TRANSCRIPT DESIGNATION and ordering form for dates: 4/30/01 re transcript [32-1] CR: P. Cuneo. (fvap)
June 5, 2001 Filing 37 PROOF OF SERVICE by defendant Republic of Austria, defendant Austrian Gallery (dlu)
June 5, 2001 Filing 36 NOTICE OF APPEAL/REPRESENTATION STATEMENT by defendant Republic of Austria, a foreign state, defendant Austrian Gallery, an agency of the Republic of Austria to 9th C/A from Dist. Court ord fld 5/4/01 & ent 5/7/01 [33-1] (cc: xScott P. Cooper, E. Randol Schoenberg, Morrison & Foerster) Fee: Paid (dlu)
May 9, 2001 Opinion or Order Filing 35 MINUTES: On 5/8/01, defendants filed a request for clarification of the court's 5/4/01, order denying dfts' mot to dism. The final section, section IX, of the court's 5/4/01, order denying defendant's mot to dismiss is hereby amended to read: Conclusion for the reasons stated herein, defendant's mot to dismiss is denied. Plaintiff is granted fifteeen (15) days' leave to amend the complaint to set forth the bases for venue by Judge Florence-Marie Cooper CR: N/A (bp)
May 8, 2001 Filing 34 REQUEST by defendant Republic of Austria for clarification of order denying defendants' motion to dismiss and certifying issues for appeal. (bp)
May 4, 2001 Opinion or Order Filing 33 ORDER denying defendant's motion to dismiss. Plaintiff is granted fifteen (15) days' leave to amend the complaint to set forth the basis for venue pursuant to 1391(f)(3), by Judge Florence-Marie Cooper denying motion to dismiss cmp [11-1] (ENT 5/7/01) (sent) (bp)
May 2, 2001 Filing 32 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 4/30/01 CR: Pat Cuneo (dlu)
May 2, 2001 TRANSCRIPT filed for proceedings held on 4/30/01 (dlu)
April 30, 2001 Opinion or Order Filing 31 MINUTES: The motion to dismiss cmp [11-1] is taken under submission, final order to issue by Judge Florence-Marie Cooper CR: Pat Cuneo (bp)
April 30, 2001 Filing 30 Plaintiff Maria Altmann's suggested corrections to tentative order denying defendants' motion to dismiss. (bp)
March 14, 2001 Filing 29 PROOF OF SERVICE by defendant Republic of Austria on 3/13/01, of dfts' reply memo of points and authorities. (bp)
March 14, 2001 Filing 28 MINUTES: The crt, on its own mot, hereby continues the hearing on motion to dismiss cmp [11-1] 10:00 4/30/01 by Judge Florence-Marie Cooper CR: N/A (bp)
March 12, 2001 Filing 27 DECLARATION of Dr. Walter Friedrich by defendant Republic of Austria, defendant Austrian Gallery in support of motion to dismiss cmp [11-1] (bp)
March 12, 2001 Filing 26 REPLY Memo of points & authorities by defendant Republic of Austria, defendant Austrian Gallery in support of motion to dismiss cmp [11-1] (bp)
March 5, 2001 Filing 25 COUNTER-STATEMENT IN OPPOSITION by defendants' Republic of Austria, Austrian Gallery to notice of related case. (bp)
February 28, 2001 Filing 24 RESPONSE by defendants to exparte appl for leave to file brief in opp to mot to dism [19-1] (rrey)
February 27, 2001 Opinion or Order Filing 23 ORDER by Judge Florence-Marie Cooper granting exparte appl for leave to file brief in opp to mot to dism [19-1] (rrey)
February 26, 2001 Filing 22 DECLARATION of Janie F Schulman by amicus Bet Tzedek Legal Svc in suppt of exparte appl for leave to file brief in opp to mot to dism [19-1] (rrey)
February 26, 2001 Filing 21 DECLARATION of David A Lash by amicus Bet Tzedek Legal Svc in suppt of exparte appl for leave to file brief in opp to mot to dism [19-1], & in suppt of brief in opp to motion to dismiss cmp [11-1] (rrey)
February 26, 2001 Filing 20 MEMORANDUM OF P/A IN SUPPORT by amicus Bet Tzedek Legal Svc of exparte appl for leave to file brief in opp to mot to [19-1] (rrey)
February 26, 2001 Filing 19 EX PARTE APPLICATION filed by amicus curiae Bet Tzedek Legal Svc for leave to file brief in opp to mot to dism ; Lodged propsd ord (rrey)
February 26, 2001 Filing 18 DECLARATION of E Randol Schoenberg by plaintiff Maria V Altmann in opp re motion to dismiss cmp [11-1] (bg)
February 26, 2001 Filing 17 DECLARATION of Dr Stefan Gulner by plaintiff Maria V Altmann in opp re motion to dismiss cmp [11-1] (bg)
February 26, 2001 Filing 16 MEMO OF P&A IN OPPOSITION by plaintiff Maria V Altmann to motion to dismiss cmp [11-1] (bg)
February 26, 2001 Filing 15 PROOF OF SERVICE by Amicus Curiae Bet Tzedek Legal Services on 2/26/01 of Ex Parte Appl for leave to file brief in Opp to Mot to Dism; Memo PA in suppt of Plfs Opp to Dfts Mot; Decl of Janie F Schulman in suppt of Ex Parte Appl; Decl of David A Lash in suppt of Ex Parte Appl; [Proposed] Ord (dw)
February 21, 2001 Filing 14 SUPPLEMENTAL MEMO by defendants re motion to dismiss cmp [11-1] (rrey)
February 8, 2001 Filing 13 NOTICE OF ERRATA by defendants to motion to dismiss cmp [11-1] (rrey)
February 5, 2001 Filing 12 DECLARATION of Dr Walter Friedrich by defendants in suppt of motion to dismiss cmp [11-1] (rrey)
February 5, 2001 Filing 11 NOTICE OF MOTION AND MOTION by defendants to dismiss cmp ; motion hearing set for 10:00 3/19/01 (rrey)
January 31, 2001 Opinion or Order Filing 10 STIPULATION and ORDER by Judge Florence-Marie Cooper that the briefing schedule on dfts motion to dismiss shall be as fols: (1) Dfts mot to dism shall be fld on/before 2/5/01; (2) plf's opp shall be fld on/before 2/26/01; (3) Dfts Reply shall be fld on/before 3/12/01; & Hrg on the mtr shall be ntc for 3/19/01 @ 10:00 or such other date as the Crt deems proper. (jp)
January 10, 2001 Filing 9 CERTIFICATION of an Executed Letter Rogatory by James D Pettit, Consul General of the USA (rrey)
January 5, 2001 Opinion or Order Filing 8 STIPULATION and ORDER by Judge Florence-Marie Cooper extending time to answer complaint [1-1] to 2/5/01 as to defendants Republic of Austria, Austrian Gallery (rrey)
December 14, 2000 Filing 7 OPPOSITION by plaintiff to exparte appl for an Ord extending time w/in which to resp to cmp [5-1]; decl of E Randol Schoenberg (rrey)
December 14, 2000 Opinion or Order Filing 6 ORDER by Judge Florence-Marie Cooper granting exparte appl for an Ord extending time w/in which to resp to cmp [5-1]; dfts shall resp to the cmp on or before 1/22/01 (rrey)
December 12, 2000 Filing 5 EX PARTE APPLICATION filed by defendants for an Ord extending time w/in which to resp to cmp ; decl of Jonathan E Rich; Lodged Propsd Ord (rrey)
December 12, 2000 Filing 4 CERTIFICATION AS TO INTERESTED PARTIES filed by defendant Republic of Austria, defendant Austrian Gallery (rrey)
September 22, 2000 Filing 3 EX PARTE APPLICATION filed by plaintiff for issuance of letters rogatory & amd of sms Lodged Request; Let Rog issd on 10/19/00 (rrey) Modified on 10/19/2000
August 22, 2000 ORIGINAL SUMMONS issued as to defendant Republic of Austria, a foreign state & Austrian Gallery, an agency of the Republic of Austria (yl) Modified on 10/04/2000
August 22, 2000 Filing 2 CERTIFICATION OF INTERESTED PARTIES filed by plaintiff Maria V Altmann (jag)
August 22, 2000 Filing 1 COMPLAINT filed Summons(es) issued referred to Discovery Ann I. Jones (jag)

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Plaintiff: Maria V Altmann
Represented By: E Randol Schoenberg
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Defendant: Republic of Austria
Represented By: Andrea K Douglas
Represented By: Jonathan E Rich
Represented By: Scott Patrick Cooper
Represented By: Tanya L Forsheit
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Defendant: Austrian Gallery
Represented By: Andrea K Douglas
Represented By: Jonathan E Rich
Represented By: Scott Patrick Cooper
Represented By: Tanya L Forsheit
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Amicus curiae: Bet Tzedek Legal Services
Represented By: David A Lash
Represented By: Janie Fay Schulman
Represented By: Margot A Metzner
Represented By: Michael J Bostrom
Represented By: Sheila Olivarez Recio
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