Mary Cummins v. Amanda Lollar et al
| Mary Katherine Cobb-Cummins |
| Amanda Lollar, Does 1-10, Bat World Sanctuary, Tiffany Krog, Rebecca Dmytryk, John Does, Annette Stark and Eric Shupps |
| Google Inc. |
| 2:2011cv08081 |
| September 29, 2011 |
| US District Court for the Central District of California |
| Margaret A Nagle |
| Beverly Reid O'Connell |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 15, 2013. A more recent docket listing may be available from PACER.
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Filing 177
ORDER by Judge Beverly Reid O'Connell GRANTING Request for Approval of Substitution of Attorney Dean A Rocco of Wilson Elser Moskowitz Edelman & Dicker LLP for Defendant Eric Shupps in place and stead of Sandra J McMullan of Jackson Lewis LLP #174 . (jp)
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Filing 176
ORDER by Judge Beverly Reid O'Connell GRANTING Request for Approval of Substitution of Attorney Dean A Rocco of Wilson Elser Moskowitz Edelman & Dicker LLP for Defendant Amanda Lollar in place and stead of Sandra J McMullan of Jackson Lewis LLP #173 . (jp)
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Filing 175
ORDER by Judge Beverly Reid O'Connell GRANTING Request for Approval of Substitution of Attorney Dean A Rocco of Wilson Elser Moskowitz Edelman & Dicker LLP for Defendant Bat World Sanctuary in place and stead of Sandra J McMullan of Jackson Lewis LLP #172 . (jp)
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| Filing 174 REQUEST to Substitute attorney Dean Rocco/Wilson, Elser LLP in place of attorney Jackson, Lewis LLP filed by defendant Eric Shupps. (Attachments: #1 Order on Request for Approval of Substitution of Attorney)(Rocco, Dean) |
| Filing 173 REQUEST to Substitute attorney Dean Rocco/Wilson, Elser in place of attorney Jackson, Lewis filed by defendant Amanda Lollar. (Attachments: #1 Order on Request for Approval of Substitution of Attorney)(Rocco, Dean) |
| Filing 172 REQUEST to Substitute attorney Dean Rocco/Wilson, Elser in place of attorney Jackson, Lewis filed by defendant Bat World Sanctuary. (Attachments: #1 Order on Request for Approval of Substitution of Attorney)(Rocco, Dean) |
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Filing 171
MINUTES IN CHAMBERS: ORDER by Judge Beverly Reid O'Connell: For the foregoing reasons, the Court GRANTS Defendant's Motion to Dismiss Plaintiff's Fourth Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(5). #161 Motion to Dismiss Case ( MD JS-6. Case Terminated ) (rfi)
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| Filing 170 NOTICE by Judge Beverly Reid O'Connell re: Request(s) to Substitute attorney Dean A. Rocco/Wilson, Elser, Moskowitz, Edelman & Dicker in place of attorney Jackson & Lewis. The Court STRIKES this document. Each Request for Substitution must be filed separately as to each party. Additionally, a separate proposed order needs to be filed with each request. If the parties wish the Court to reconsider the substitution, new requests should be filed. #168 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 169 MINUTES OF MOTION HEARING held before Judge Beverly Reid O'Connell on the 1) MOTION TO DISMISS PLAINTIFF'S FOURTH AMENDED COMPLAINT PURSUANT TO FED. RULE CIV. PROC. 12(B)(5) and (6) (filed 6/10/2013) #161 Counsel/the parties state their appearances for the record. Court questions counsel/the parties as stated in court and on the record on above motion and invites counsel to present their oral arguments. Arguments by counsel are heard. The matter is taken under submission, a written order to follow. Court Reporter: Myra Ponce. (rfi) |
| Filing 168 REQUEST to Substitute attorney Dean A. Rocco/Wilson, Elser, Moskowitz, Edelman & Dicker in place of attorney Jackson & Lewis filed by defendants Bat World Sanctuary, Amanda Lollar, Eric Shupps. (Rocco, Dean) |
| Filing 167 REPLY in Support of Motion MOTION to Dismiss Case Notice of Motion and Motion to Dismiss Plaintiff's Fourth Amended Complaint Pursuant to Fed. Rule Civ. Proc. 12(B)(5) and (6); Memorandum of Points and Authorities in Support #161 filed by Defendant Eric Shupps. (McMullan, Sandra) |
| Filing 166 TEXT ONLY ENTRY (IN CHAMBERS): Judge Beverly Reid O'Connell is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents must be submitted via e-mail to the Judge's Chambers email at BRO_chambers@cacd.uscourts.gov. Please refer to the judge's procedures and schedules for detailed instructions for submission of sealed documents." THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(kd) TEXT ONLY ENTRY |
| Filing 165 REPLY to Defendant Shupps' MOTION to Dismiss Plaintiff's Fourth Amended Complaint Pursuant to Fed. Rule Civ. Proc. 12(B)(5) and (6) #161 filed by Plaintiff Mary Cummins. (jp) |
| Filing 164 TRANSCRIPT ORDER as to Defendants Bat World Sanctuary, Amanda Lollar, Eric Shupps Court Smart (CS). Court will contact Sandra J. McMullan at sandra.mcmullan@jacksonlewis.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: May 14, 2013. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (McMullan, Sandra) |
| Filing 163 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Transcript Designation and Ordering Form (G-120), #162 . The following error(s) was found: THE HEARING INDICATED WAS A DIGITALLY RECORDED PROCEEDING. PLEASE SELECT THE DIGITALLY RECORDED PROCEEDING DURING THE E-FILING TRANSACTION. You must electronically refile the above referenced Request for Transcript in this case to correct this deficiency. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(mw) TEXT ONLY ENTRY |
| Filing 162 TRANSCRIPT ORDER as to Defendants Bat World Sanctuary, Amanda Lollar, Eric Shupps Court Reporter. Court will contact Sandra J. McMullan at sandra.mcmullan@jacksonlewis.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: May 14, 2013. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (McMullan, Sandra) |
| Filing 161 NOTICE OF MOTION AND MOTION to Dismiss Case Notice of Motion and Motion to Dismiss Plaintiff's Fourth Amended Complaint Pursuant to Fed. Rule Civ. Proc. 12(B)(5) and (6); Memorandum of Points and Authorities in Support filed by Defendant Eric Shupps. Motion set for hearing on 7/29/2013 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Declaration Declaration of Sandra J. McMullan in Support of Motion to Dismiss Plaintiff's Fourth Amended Complaint, #2 Declaration Declaration of Eric Shupps in Support of Motion to Dismiss Plaintiff's Fourth Amended Complaint, #3 Proposed Order Proposed Order in Support of Motion to Dismiss Plaintiff's Fourth Amended Complaint)(McMullan, Sandra) |
| Filing 160 PROOF OF SERVICE filed by Plaintiff Mary Cummins, re Fourth Amended Complaint #157 , served on 5/31/13. (kbr) |
| Filing 159 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/14/13 10:00am re Transcript #158 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ml) TEXT ONLY ENTRY |
| Filing 158 TRANSCRIPT for proceedings held on 5/14/13 10:00am. Court Reporter/Electronic Court Recorder: Babykin Courthouse Services, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/18/2013. Redacted Transcript Deadline set for 6/28/2013. Release of Transcript Restriction set for 8/26/2013. (ml) |
| Filing 157 FOURTH AMENDED COMPLAINT against defendant Eric Shupps amending Amended Complaint #140 with JURY DEMAND, filed by plaintiff Mary Cummins. (jp) |
| Filing 156 TRANSCRIPT ORDER Court Smart (CS). Transcript portion requested: Other: 5/14/13. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (ml) |
| Filing 154 MINUTES OF PLAINTIFFS MOTION FOR CONTEMPT held before Magistrate Judge Margaret A. Nagle; denying #148 Motion for Contempt. Because of the lack of competent evidence before the Court to support plaintiffs Motion, the Motion is DENIED. IT IS SO ORDERED. Court Recorder: CS 5/14/13. (mz) |
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Filing 153
ORDER OF THE CHIEF JUDGE (#13-088) approved by Chief Judge George H. King. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Beverly Reid O'Connell, this case is transferred from Judge Dolly M. Gee to the calendar of Judge Beverly Reid O'Connell for all further proceedings. The case number will now reflect the initials of the transferee Judge CV11-08081 BRO (MANx). (at)
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| Filing 155 AMENDED MINUTES: CORRECTED IN CHAMBERSORDER RE DEFENDANT SHUPPS MOTION TO DISMISS [DOC. # 142] #151 . (rfi) |
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Filing 151
MINUTES OF IN CHAMBERS - ORDER RE DEFENDANT SHUPPS' MOTION TO DISMISS by Judge Dolly M. Gee: Defendant Shupps' Motion to Dismiss #142 is GRANTED as follows: Claims One and Two for defamation and defamation per se are DISMISSED without leave to amend insofar as they are based on the statements described in Paragraphs 15d and 15e of the Third Amended Complaint ("TAC"). Claims Three and Four for intentional interference with business relations and prospective economic advantage are DISMISSED with leave to amend. Claim Five for intentional infliction of emotional distress is DISMISSED without leave to amend. The Motion to Dismiss #142 is DENIED in all other respects. The Motion to Strike pursuant to California's Anti-SLAPP statute is DENIED. By no later than 21 days from the date of this Order, Plaintiff shall file any amended fourth amended complaint. Failure to file a fourth amended complaint will result in the dismissal of the action. Defendant shall file a responsive pleading with 21 days of service of a fourth amended complaint. By no later than 6/7/2013, Plaintiff shall properly serve Defendant Shupps with an amended summons and pleading in compliance with Fed. R. Civ. P. 4. Failure to properly serve Defendant Shupps by this date will result in dismissal of the action pursuant to Rule 4(m) without prejudice. Court Reporter: Not Reported. (gk)
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| Filing 152 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #138 CCA # 13-55340. This appeal is dismissed for lack of jurisdiction. Mandate received in this district on 4/24/2013. (dmap) |
| Filing 150 Opposition opposition to re: MOTION for Contempt #148 filed by Defendants Bat World Sanctuary, Amanda Lollar, Eric Shupps. (Attachments: #1 Declaration Decl. of Amanda Lollar, #2 Declaration Decl. of Dean A. Rocco, #3 Declaration Decl. of Sandra J. McMullan, #4 Proposed Order [Proposed] Order Denying Pltf's Mtn. for Contempt)(McMullan, Sandra) |
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Filing 149
MINUTE ORDER IN CHAMBERS by Judge Dolly M. Gee: The Court hereby refers plaintiffs motion for contempt [Doc. # 148] to Magistrate Judge Nagle for ruling. #148 . (pso)
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| Filing 148 MOTION FOR CONTEMPT filed by Plaintiff Mary Cummins. (mz) |
| Filing 146 SCHEDULING NOTICE by Judge Dolly M. Gee: The Court finds that Defendant's Motion to Dismiss Plaintiffs Third Amended Complaint Pursuant to Fed. Rule Civ. Proc. 12(B)(2)(5) and (6) #142 currently scheduled for hearing on 4/5/2013, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(vv) TEXT ONLY ENTRY |
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Filing 147
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #138 filed by Mary Cummins, CCA # 13-55340. This appeal is dismissed for lack of jurisdiction. The motion to proceed in forma pauperis is denied as moot. Order received in this district on 4/1/13. (car)
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| Filing 145 TRANSCRIPT ORDER as to Defendants Bat World Sanctuary, Amanda Lollar Court Reporter. Court will contact Sandra McMullan at sandra.mcmullan@jacksonlewis.com with any questions regarding this order. Transcript portion requested: Other: Motion for Summary Judgment/Partial Summary Judgment 8-10-12. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (McMullan, Sandra) |
| Filing 144 REPLY In Opposition MOTION to Dismiss Case Plaintiff's Third Amended Complaint Pursuant to FRCP 12(B)(2)(5) and (6); Memorandum of Points and Authorities in Support #142 Defendant Eric Shupps' Reply in Support of Special Motion to Strike Plaintiff's Third Amended Complaint and/or in the Alternative, to Dismiss Plaintiff's Third Amended Complaint filed by Defendant Eric Shupps. (McMullan, Sandra) |
| Filing 143 RESPONSE to Defendant Shupps' Motion to Dismiss #142 filed by Plaintiff Mary Cummins. (gk) |
| Filing 142 NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's Third Amended Complaint Pursuant to FRCP 12(B)(2)(5) and (6); Memorandum of Points and Authorities in Support filed by Defendant Eric Shupps. Motion set for hearing on 4/5/2013 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration Declaration of Sandra J. McMullan in Support of Motion to Dismiss Third Amended Complaint, #2 Declaration Declaration of Eric Shupps in Support of Motion to Dismiss Third Amended Complaint, #3 Proposed Order [Proposed] Order Granting Motion to Dismiss Third Amended Complaint)(McMullan, Sandra) |
| Filing 141 NOTIFICATION by Circuit Court of Appellate Docket Number 13-55340, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #138 as to Plaintiff Mary Cummins. (cbr) |
| Filing 140 THIRD AMENDED COMPLAINT against Defendant Eric Shupps; Party Bat World Sanctuary and Amanda Lollar terminated; amending Second Amended Complaint #97 ; with Jury Demand filed by Plaintiff Mary Cummins. (gk) |
| Filing 139 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #138 . (dmap) |
| Filing 138 NOTICE OF APPEAL to the 9th CCA filed by plaintiff Mary Cummins. Appeal of Order on Motion for Summary Judgment, #103 Filed On: 11/16/2012; Entered On: 11/16/2012; Filing fee $ 455, billed. (dmap) |
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Filing 137
MINUTES OF IN CHAMBERS - ORDER RE ORDER TO SHOW CAUSE, DEFENDANT SHUPPS' MOTION TO DISMISS, AND PLAINTIFF'S MOTION TO VACATE ORDERS by Judge Dolly M. Gee: On 11/21/2012, Eric Shupps filed a Motion to Strike or Dismiss the Second Amended Complaint #108 . On 1/14/2013, the Court issued an Order to Show Cause why this action should not be dismissed for lack of subject matter jurisdiction due to the addition of new non-diverse defendants #128 . On 1/17/2013, Plaintiff filed a Motion to Vacate the Court's orders granting summary judgment to Defendants Lollar and Batworld and denying reconsideration #132 . Plaintiff's Motion to Vacate the Court's orders is DENIED. Defendants Rebecca Dmytryk aka WildRescue, Tiffany Krog, and Annette Stark are DISMISSED from the action and Shupps' Motion to Dismiss is GRANTED with leave to amend. A Third Amended Complaint may be filed within 15 days from the date of this Order. Defendant Shupps' response shall be due within 15 days of service of any amended complaint. The hearing on 2/15/2013 is VACATED. Court Reporter: Not Reported. (gk)
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Filing 136
ORDER by Judge Dolly M. Gee granting Request for Approval of Substitution of Attorney Sandra J. McMullan, Jackson Lewis, LLP, for Defendant Tiffany Krog in place of Attorneys Ronald Zurek and Arpineh Babakhanian, Wesierski & Zurek LLP #134 . (gk)
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| Filing 135 SCHEDULING NOTICE by Judge Dolly M. Gee: The Scheduling Conference previously scheduled for 2/8/2013 at 11:00 AM has been taken off calendar and will be reset if necessary pending resolution of the Order to Show Cause #128 , Defendant Shupps' Motion to Strike or Dismiss Plaintiff's Second Amended Complaint #108 , and Plaintiff's Motion to Vacate Orders #132 . No appearances are necessary on 2/8/2013. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ms) TEXT ONLY ENTRY |
| Filing 134 REQUEST to Substitute attorney Sandra J. McMullan in place of attorney Ronald Zurek filed by Defendant Tiffany Krog. (Attachments: #1 Order on Request for Approval of Substitution of Attorney)(McMullan, Sandra) |
| Filing 133 Opposition Defendants Amanda Lollar and Bat World Sanctuary's Opposition to Plaintiff's Notice of Motion and Motion to Vacate Orders re: MOTION to Vacate Order on Motion for Reconsideration, Order on Motion for Relief,, #127 #132 filed by Defendant Amanda Lollar. (Rocco, Dean) |
| Filing 132 NOTICE OF MOTION AND MOTION to Vacate Orders #127 filed by Plaintiff Mary Cummins. Motion set for hearing on 2/15/2013 at 09:30 AM before Judge Dolly M. Gee. (gk) |
| Filing 131 NOTICE OF LODGING filed NOTICE OF LODGING OF [PROPOSED] JUDGMENT re MOTION for Summary Judgment as to all claims #41 (Attachments: #1 Proposed Judgment)(McMullan, Sandra) |
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Filing 128
MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Dolly M. Gee: It appears that complete diversity no longer exists between the parties. Accordingly, Plaintiff is hereby ORDERED TO SHOW CAUSE why this action should not be dismissed for lack of subject matter jurisdiction. Plaintiff shall file her response by 1/28/2013. Failure to file a timely and satisfactory response to this Order shall result in the dismissal of this action. The hearing on Defendant Shupps' Motion to Strike or Dismiss Plaintiff's Second Amended Complaint #108 , set for 1/18/2013, is taken off calendar and shall be reset if necessary. Court Reporter: Not Reported. (gk)
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Filing 127
ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION AND RELIEF FROM JUDGMENT by Judge Dolly M. Gee: Plaintiff has failed to show newly discovered evidence and/or error by the Court in its Summary Judgment Order to warrant the grant of reconsideration. Accordingly, IT IS ORDERED that the motion by Plaintiff for reconsideration #111 is DENIED. (gk)
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| Filing 130 CERTIFICATE OF SERVICE BY MAIL OF SUMMONS AND SECOND AMENDED COMPLAINT Executed by Plaintiff Mary Cummins, upon Defendant Annette Stark served on 10/31/2012, answer due 11/21/2012. Service of the Summons and Second Amended Complaint were executed in compliance with California Code of Civil Procedure, return receipt not attached. Original Summons NOT returned. (gk) |
| Filing 129 CERTIFICATE OF SERVICE BY MAIL OF SUMMONS AND SECOND AMENDED COMPLAINT Executed by Plaintiff Mary Cummins, upon Defendant Rebecca Dmytryk served on 11/3/2012, answer due 11/24/2012. Service of the Summons and Second Amended Complaint were executed in compliance with California Code of Civil Procedure, return receipt not attached. Original Summons NOT returned. (gk) |
| Filing 126 Certification and Notice of Interested Parties filed by Defendant Rebecca Dmytryk, identifying None. (Wileman, Keith) |
| Filing 125 ANSWER to Amended Complaint, #97 filed by Defendant Rebecca Dmytryk.(Wileman, Keith) |
| Filing 124 SCHEDULING NOTICE by Judge Dolly M. Gee: The Court finds that Plaintiffs Motion for Reconsideration and Relief from Judgment #111 currently scheduled for hearing on 1/11/2013, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(vv) TEXT ONLY ENTRY |
| Filing 123 REPLY in Support of a Special Motion MOTION to Strike Plaintiff's Second Amended Complaint and/or in the Alternative, to Dismiss Plaintiff's Second Amended Complaint #108 filed by Defendant Eric Shupps. (Attachments: #1 Declaration Supplemental Declaration of Eric Shupps in Support of His Special Motion to Strike And/Or in the Alternative, to Dismiss Plaintiff's Second Amended Complaint)(Rocco, Dean) |
| Filing 122 Certification and Notice of Interested Parties filed by Defendant Eric Shupps, (McMullan, Sandra) |
| Filing 121 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Strike Plaintiff's Second Amended Complaint and/or in the Alternative, to Dismiss Plaintiff's Second Amended Complaint #108 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (im) |
| Filing 120 EXHIBIT Filed filed by Defendant Amanda Lollar. Exhibit 1 to Defendants' Opposition to Plaintiff's Motion for Reconsideration and Relief from Judgment as to Objection/Opposition (Motion related), Objection/Opposition (Motion related) #119 . (Rocco, Dean) |
| Filing 119 Defendants' Opposition to Plaintiff's Motion for Reconsideration and Relief from Judgment Opposition re: MOTION for Reconsideration re Order on Motion for Summary Judgment, #103 MOTION for Relief from Judgment re Order on Motion for Summary Judgment, #103 #111 filed by Defendant Amanda Lollar. (Rocco, Dean) |
| Filing 118 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery) #105 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (im) |
| Filing 117 NOTICE OF DEFICIENCY Re: Request for Entry of Default of Defendants Annette Stark, Rebecca Dmytryk #115 . The Clerk cannot enter the requested relief as: Signature illegible on both certified mail return receipts as to service on above defendants. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. This a second request, plaintiff may alternatively file an appropriate pleading for the Court's consideration. (gk) |
| Filing 116 SCHEDULING NOTICE by Judge Dolly M. Gee re: MOTION for Reconsideration re Order on Motion for Summary Judgment MOTION for Relief from Judgment re Order on Motion for Summary Judgment #111 previously scheduled for 1/4/13 9:30 a.m. has been rescheduled. Motion now set for hearing on 1/11/2013 at 9:30 AM. Briefing per local rules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(im) TEXT ONLY ENTRY |
| Filing 115 REQUEST for Entry of Default of Defendants Annette Stark, Rebecca Dmytryk filed by Plaintiff Mary Cummins. (gk) |
| Filing 113 NOTICE OF DEFICIENCY Re: Request for Entry of Default of Defendants Annette Stark, Rebecca Dmytryk #112 . The Clerk cannot enter the requested relief as: Signature illegible on both certified mail return receipts as to service on above defendants. Capacity of recipient of mail as to Rebecca Dmytryk not indicated. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (gk) |
| Filing 114 REPLY to Defendant Eric Shupps' Motion to Strike Plaintiff's Second Amended Complaint and/or in the Alternative, to Dismiss Plaintiff's Second Amended Complaint #108 filed by Plaintiff Mary Cummins. (gk) |
| Filing 112 REQUEST for Entry of Default of Defendants Annette Stark, Rebecca Dmytryk filed by Plaintiff Mary Cummins. (gk) |
| Filing 110 NOTICE OF STATUS REPORT on Proof of Service of Defendants Retecca Dmytryk, Eric Shupps, Tiffany Krog, Annette Stark filed by Plaintiff Mary Cummins. (gk) |
| Filing 109 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] SCHEDULING CONFERENCE set for February 8, 2013 at 11:00 a.m. [Fed. R. Civ. P.16] by Judge Dolly M. Gee. SEE ORDER. (im) |
| Filing 111 NOTICE OF MOTION AND MOTION for Reconsideration and Relief from Judgment re Order on Motion for Summary Judgment #103 filed by Plaintiff Mary Cummins. Motion set for hearing on 1/4/2013 at 09:30 AM before Judge Dolly M. Gee. (gk) |
| Filing 108 NOTICE OF MOTION AND MOTION to Strike Plaintiff's Second Amended Complaint and/or in the Alternative, to Dismiss Plaintiff's Second Amended Complaint filed by Defendant Eric Shupps. Motion set for hearing on 1/18/2013 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration, #2 Proposed Order)(McMullan, Sandra) |
| Filing 107 NOTICE of Change of Attorney Information for attorney Paul J Lipman counsel for Defendant Tiffany Krog. Filed by Defendant Tiffany Krog (Lipman, Paul) |
| Filing 106 NOTICE of Change of Attorney Information for attorney Ronald Zurek counsel for Defendant Tiffany Krog. Filed by Defendant Tiffany Krog (Zurek, Ronald) |
| Filing 105 ANSWER to Amended Complaint, #97 with JURY DEMAND filed by Defendant Tiffany Krog.(Lipman, Paul) |
| Filing 104 NOTICE OF LODGING filed by Defendants Amanda Lollar and Bat World Sanctuary re Order on Motion for Summary Judgment, #103 (Attachments: #1 [Proposed] Judgment)(Rocco, Dean) |
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Filing 103
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT by Judge Dolly M. Gee: Defendants Lollar and Bat World Sanctuary's Motion for Summary Judgment #41 is GRANTED. By no later than 11/30/2012, Plaintiff Cummins shall file a status report regarding her efforts to serve her Second Amended Complaint on all remaining defendants. (gk)
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Filing 102
PROTECTIVE ORDER by Magistrate Judge Margaret A. Nagle re Discovery Hearing Minutes #98 , Supplement (non-motion) #101 , Stipulation for Protective Order #99 (ec)
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| Filing 101 SUPPLEMENT to Discovery Hearing, Link Motions to Minutes #98 filed by Defendant Amanda Lollar. (Rocco, Dean) |
| Filing 100 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Protective Order #99 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Plaintiff's signature missing on stipulation; and no signature line for Judge Nagle on proposed order.. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (mz) |
| Filing 99 STIPULATION for Protective Order filed by Defendants Amanda Lollar. (Attachments: #1 Notice of Lodging [Proposed] Protective Order)(McMullan, Sandra) |
| Filing 97 SECOND AMENDED COMPLAINT against defendants Bat World Sanctuary, Amanda Lollar, Rebecca Dmytryk, Eric Shupps, Tiffany Krog, Annette Stark; Party John Does terminated amending First Amended Complaint, #21 Jury Demand,filed by plaintiff Mary Cummins (lc) (lc). |
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Filing 95
MINUTES OF IN CHAMBERS - ORDER GRANTING LEAVE TO AMEND TO ADD PARTIES by Judge Dolly M. Gee: Plaintiff's request for leave to file a second amended complaint #82 is GRANTED IN PART and DENIED IN PART as follows: (1) Leave to amend to add defendants is GRANTED; (2) Leave to amend to add claims is DENIED; (3) Plaintiff shall file her Second Amended Complaint no later than 10/1/2012 in compliance with Local Rule 3-2. Court Reporter: Not Reported. (gk)
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| Filing 96 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Order on Request for Leave, #94 . The following error(s) was found: Other error(s) with document(s) are specified below. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ak) Modified on 9/28/2012 (ak). |
| Filing 94 (McMullan, Sandra) |
| Filing 93 Objection to Declaration of [Plaintiff] Mary Cummins and Exhibits Thereto in Support of re: MOTION for Summary Judgment as to all claims #41 filed by Defendants Bat World Sanctuary, Amanda Lollar. (McMullan, Sandra) |
| Filing 92 DEFENDANTS' REPLY TO PLAINTIFF'S STATEMENT OF GENUINE ISSUES OF MATERIAL FACT IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT re MOTION for Summary Judgment as to all claims #41 filed by Defendants Bat World Sanctuary, Amanda Lollar. (McMullan, Sandra) |
| Filing 91 DECLARATION of of Sandra J. McMullan in Support of Defendants' Supplemental Reply to Plaintiff's Response to Motion for Summary Judgment/Partial Summary Judgment MOTION for Summary Judgment as to all claims #41 filed by Defendants Bat World Sanctuary, Amanda Lollar. (Attachments: #1 Exhibit Exhibits A-G to McMullan Declaration, #2 Exhibit Exhibit H to McMullan Declaration)(McMullan, Sandra) |
| Filing 90 REPLY In Support Of MOTION for Summary Judgment as to all claims #41 filed by Defendants Bat World Sanctuary, Amanda Lollar. (Attachments: #1 Proposed Order, #2 Proposed Judgment)(McMullan, Sandra) |
| Filing 89 NOTICE Defendants' Notice of Errata and Request for Judicial Notice in Support of Defendants' Opposition to Plaintiff's Request for Leave to File Second Amended Complaint filed by Defendants Amanda Lollar. and Bat World Sanctuary (Rocco, Dean) |
| Filing 88 RESPONSE to Defendants' Objections to Declaration of Mary Cummins and Exhibits Thereto re Motion for Summary Judgment #41 filed by Plaintiff Mary Cummins. (gk) |
| Filing 87 STATEMENT of Genuine Issues of Material Fact in Opposition to Defendants' Motion for Summary Judgment #41 filed by Plaintiff Mary Cummins. (gk) |
| Filing 86 REPLY to Defendants' Response to Plaintiff's Response to Defendants' Motion for Summary Judgment/Partial Summary Judgment et al. #41 filed by Plaintiff Mary Cummins. (gk) |
| Filing 85 REPLY to Defendants' Opposition to Plaintiff's Motion for Leave to File Amended Complaint #82 filed by Plaintiff Mary Cummins. (gk) |
| Filing 84 Defendants' Opposition to Plaintiff's Request for Leave to File Second Amended Complaint; Declaration of Dean Rocco Opposition re: REQUEST for Leave to File Amended Complaint #82 filed by Defendant Amanda Lollar. (Attachments: #1 Proposed Order On Plaintiff's Request for Leave to File Second Amended Complaint)(Rocco, Dean) |
| Filing 83 SUPPLEMENT Declaration in Opposition to Plaintiff's Motion to Quash Defendants' Subpoena for Plaintiff's Medical Records filed by Defendant Amanda Lollar. (Attachments: #1 Proposed Order On Plaintiff's Motion to Quash Defendants' Subpoena for Plaintiff's Medical Records)(Rocco, Dean) |
| Filing 98 MINUTES OF Discovery Hearing held before Magistrate Judge Margaret A. Nagle granting, in part, and denying, in part Plaintiff's Motino to Quash Subpoena #70 Court Recorder: CS. (ec) |
| Filing 82 REQUEST for Leave to File Amended Complaint filed by Plaintiff Mary Cummins. Lodged Proposed Order. (gk) |
| Filing 81 NOTICE by Magistrate Judge Margaret A. Nagle taking off calendar Plaintiff's Motion to Quash Defendants' Amanda Lollar, BAT World Sanctuary Subpoenas for Plaintiff's Medical Records #70 presently scheduled for hearing on 9/4/2012 as the Motion is set for hearing beyond the discovery cutoff of 9/3/2012 in violation of District Judge Dolly M. Gee's 7/10/2012 order extending the discovery cutoff up to, but not to exceed 9/3/2012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ec) TEXT ONLY ENTRY |
| Filing 80 Defendants' Opposition to Plaintiff's Motion to Quash Defendants' Subpoena for Plaintiff's Medical Records and Request for Sanctions; Declaration of Dean A. Rocco, Esq. In Support Thereof Opposition re: MOTION to Quash Subpoena #70 filed by Defendant Amanda Lollar. (Rocco, Dean) |
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Filing 79
ORDER by Magistrate Judge Margaret A. Nagle re Stipulation for Discovery, #77 (ec)
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| Filing 78 Opposition re: MOTION to Compel COMPLIANCE WITH SUBPOENA, REQUEST FOR PRODUCTION #35 Declaration of Dean A. Rocco filed by Defendants Bat World Sanctuary, Amanda Lollar. (McMullan, Sandra) |
| Filing 77 STIPULATION for Discovery as to Subpoena on WordPress a.k.a. Automatic Inc. filed by Defendants Amanda Lollar and Bat World Sanctuary. (Attachments: #1 Proposed Order [Proposed] Order Re: Subpoena on WordPress a.k.a. Automattic Inc.)(Rocco, Dean) |
| Filing 76 MINUTES OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT/PARTIAL SUMMARY JUDGMENT #41 Hearing held before Judge Dolly M. Gee: Following oral argument, the plaintiff may file a supplemental brief by no later than September 14, 2012. Defendants may file a supplemental reply brief by September 21, 2012. The motion shall stand submitted upon the filing of the parties supplemental briefs. The Court vacates the Final Pretrial Conference date of October 9, 2012 and the Jury Trial date of November 6, 2012. At the request of defendant counsel, the Settlement Conference Completion date of August 21, 2012 is deferred until the resolution of defendants' motion for summary judgment.Court Reporter: Miriam Baird. (bp) |
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Filing 73
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Margaret A. Nagle, ORDERING Stipulation and proposed order re: subpoena on wordpress submitted by Plaintiff Mary Cummins received on 8/7/12 is not to be filed but instead rejected. Denial based on: stipulation not signed by both parties. (mz)
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Filing 72
ORDER by Judge Dolly M. Gee granting Request for Approval of Substitution of Attorney Dean Rocco, Jackson Lewis LLP, for Defendant Bat World Sanctuary in place of Attorney Stephen M. MacPhail #69 . (gk)
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Filing 71
ORDER by Judge Dolly M. Gee granting Request for Approval of Substitution of Attorney Dean Rocco, Jackson Lewis LLP, for Defendant Amanda Lollar in place of Attorney Stephen M. MacPhail, Bragg & Kuluva #68 . (gk)
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| Filing 70 PLAINTIFF'S MOTION TO QUASH DEFENDANTS' AMANDA LOLLAR, BAT WORLD SANCTUARY SUBPOENAS FOR PLAINTIFF'S MEDICAL RECORDS; DECLARATION OF MARY CUMMINS filed by Plaintiff Mary Cummins. Motion set for hearing on 9/4/2012 at 10:00 AM before Magistrate Judge Margaret A. Nagle. (mz) |
| Filing 69 REQUEST to Substitute attorney Dean Rocco, Jackson, Lewis, LLP in place of attorney Stephen M. MacPhail, Bragg & Kuluva filed by Defendant Bat World Sanctuary. (Attachments: #1 Proposed Order Order on Request for Approval of Substitution of Attorney)(MacPhail, Stephen) |
| Filing 68 REQUEST to Substitute attorney Dean Rocco, Jackson, Lewis, LLP in place of attorney Stephen M. MacPhail, Bragg & Kuluva filed by Defendant Amanda Lollar. (Attachments: #1 Proposed Order Order on Request for Substitution of Attorney)(MacPhail, Stephen) |
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Filing 67
ORDER STRIKING FILED DOCUMENTS FROM THE RECORD by Judge Dolly M. Gee: The documents listed below were improperly filed for the following reasons: The Court has not granted plaintiff leave to file a sur-reply; therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: Plaintiff's Response to Defendants' Objections, etc. filed 7/30/2012 #66 . (gk)
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| Filing 66 RESPONSE to Defendants' Objections to Declaration of Mary Cummins and Exhibits Thereto filed by Plaintiff Mary Cummins. (gk) ** DOCUMENT STRICKEN PURSUANT TO ORDER FILED 8/1/2012 #67 ** Modified on 8/1/2012 (gk). |
| Filing 65 STATEMENT of Genuine Disputes of Material Facts in Response to Defendants' Motion for Summary Judgment #41 filed by Plaintiff Mary Cummins. (gk) |
| Filing 64 REPLY to Defendants' Response to Plaintiff's Response to Defendants' Motion MOTION for Summary Judgment/Partial Summary Judgment et al. #41 filed by Plaintiff Mary Cummins. (gk) |
| Filing 62 OBJECTION support re: MOTION for Summary Judgment as to all claims #41 Objections to plaintiff's evidence filed by Defendants Bat World Sanctuary, Amanda Lollar. (MacPhail, Stephen) |
| Filing 61 REPLY MOTION for Summary Judgment as to all claims #41 filed by Defendants Bat World Sanctuary, Amanda Lollar. (Attachments: #1 Declaration of Stephen M. MacPhail)(MacPhail, Stephen) |
| Filing 60 REPLY support MOTION for Summary Judgment as to all claims #41 filed by Defendants Bat World Sanctuary, Amanda Lollar. (Attachments: #1 Declaration of Stephen macPhail)(MacPhail, Stephen) |
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Filing 63
ORDER RE PLAINTIFF'S MOTION TO COMPEL COMPLIANCE WITH SUBPOENA, REQUEST FOR PRODUCTION by Magistrate Judge Margaret A. Nagle. It is hereby ORDERED that Google Inc. shall provide to Plaintiff on or before August 1, 2012, non-content information sufficient to identity certain user names and accounts as specified in Plaintiff's Subpoena issued on July 18, 2012, attached hereto as Exhibit A.It is hereby ORDERED that the hearing on Plaintiff's Amended Motion toCompel Compliance with Subpoena, Request for Production set for August 24,2012 at 10:.00 a.m. in this Court is vacated. It is further ORDERED that no other subpoenas shall be issued to Google Inc. in this litigation. (mz)
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| Filing 59 RESPONSE to Defendants' Motion for Summary Judgment/Partial Summary Judgment #41 ; Memorandum of Points and Authorities filed by Plaintiff Mary Cummins. (gk) |
| Filing 58 NOTICE OF LODGING filed [Proposed] Order re MOTION to Compel COMPLIANCE WITH SUBPOENA, REQUEST FOR PRODUCTION #35 (Attachments: #1 Proposed Order)(Hoang, Gigi) |
| Filing 57 MINUTES OF Discovery Hearing held before Magistrate Judge Margaret A. Nagle:granting #35 Motion to Compel Court Recorder: CS. (ec) |
| Filing 56 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Separate Statement of Uncontroverted Facts and Conclusions of Law in Support of Defendants' Notice of Motion and Motion for Summary Judgment/Partial Summary Judgment filed 7/10/2012 #46 . The following error(s) was found: This document tendered for the judge's approval should have been submitted as a separate PDF attachment to the Motion, document number 41, or a Notice of Lodging. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 55 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibits re Motion for Summary Judgment filed 7/10/2012 #45 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 54 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibits re Motion for Summary Judgment filed 7/10/2012 #44 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 53 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibits re Motion for Summary Judgment filed 7/10/2012 #43 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 52 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendants' Notice of Motion and Motion for Summary Judgment/Partial Summary Judgment filed 7/10/2012 #41 . The following error(s) was found: Incorrect event selected. The correct event is: Motions - (1) Summary Judgment; and (2) Summary Judgment (Partial). Filer docketed this multi-part motion with the event Motions - Summary Judgment, only. Local Rule 56-1 Proposed judgment/order not submitted. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 75 AMENDED NOTICE OF MOTION AND MOTION TO COMPEL COMPLIANCE WITH SUBPOENA, REQUEST FOR PRODUCTION filed by Plaintiff Mary Cummins. (mz) |
| Filing 74 NOTICE OF MOTION AND MOTION TO COMPEL COMPLIANCE WITH SUBPOENA, REQUEST FOR PRODUCTION filed by Plaintiff Mary Cummins. Motion set for hearing on 8/21/2012 at 10:00 AM before Magistrate Judge Margaret A. Nagle. Lodged Proposed Order. (mz) |
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Filing 49
MINUTES OF IN CHAMBERS - ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION by Judge Dolly M. Gee: Plaintiff has failed to demonstrate that she is likely to suffer irreparable harm in the absence of preliminary relief. Accordingly, plaintiff's motion for preliminary injunction #30 is DENIED. Court Reporter: Not Reported. (gk)
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| Filing 51 DECLARATION of Edgar Charlton III in Support of Opposition to Motion to Compel Compoiance with Subpoena, Request for Production #35 filed by Non-Party Google Inc. (gk) |
| Filing 50 OPPOSITION to Plaintiff's Motion to Compel Compliance with Subpoena, Request for Production #35 filed by Non-Party Google Inc. (gk) (Main Document 50 replaced on 7/18/2012) (gk). |
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Filing 48
MINUTES (IN CHAMBERS): ORDER GRANTING PLAINTIFF'S MOTION TO EXTEND DISCOVERY TIME PERIOD AND ADD DEFENDANTS #37 by Judge Dolly M. Gee: Plaintiff's motion to extend the discovery cutoff and add parties is GRANTED as follows: (1) The non-expert discovery cut-off is extended to September 3, 2012 (this includes the hearing of any discovery motions). (2) The deadline for filing motions to amend pleadings and add parties is extended to September 7, 2012. (3) The July 24, 2012 hearing is VACATED. (bp)
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| Filing 47 REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Judgment as to all claims #41 filed by defendants Bat World Sanctuary, Amanda Lollar. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(MacPhail, Stephen) |
| Filing 46 STATEMENT of Undisputed facts and Conclusions of law MOTION for Summary Judgment as to all claims #41 filed by Defendants Bat World Sanctuary, Amanda Lollar. (MacPhail, Stephen) |
| Filing 45 EXHIBIT I through K to MOTION for Summary Judgment as to all claims #41 filed by Defendants Bat World Sanctuary, Amanda Lollar. (Attachments: #1 Exhibit J, #2 Exhibit K)(MacPhail, Stephen) |
| Filing 44 EXHIBIT D through G to MOTION for Summary Judgment as to all claims #41 filed by Defendants Bat World Sanctuary, Amanda Lollar. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F, #4 Exhibit G, #5 Exhibit H)(MacPhail, Stephen) |
| Filing 43 EXHIBIT Exhibits 4 qn5 to Exhibit A and Exhibit B to MOTION for Summary Judgment as to all claims #41 filed by Defendants Bat World Sanctuary, Amanda Lollar. (Attachments: #1 Exhibit 5 to A, #2 Exhibit B-1, #3 Exhibit B-2)(MacPhail, Stephen) |
| Filing 42 DECLARATION of Stephen M. Macpahil support MOTION for Summary Judgment as to all claims #41 filed by Defendants Bat World Sanctuary, Amanda Lollar. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2)(MacPhail, Stephen) |
| Filing 41 NOTICE OF MOTION AND MOTION for Summary Judgment as to all claims filed by defendant Bat World Sanctuary, Amanda Lollar. Motion set for hearing on 8/10/2012 at 09:30 AM before Judge Dolly M. Gee. (MacPhail, Stephen) |
| Filing 40 OPPOSITION opposition re: MOTION to Extend Discovery Cut-Off Date to 9/3/2012 #37 filed by Defendants Bat World Sanctuary, Amanda Lollar. (Attachments: #1 Declaration of Stephen M. MacPhail)(MacPhail, Stephen) |
| Filing 39 OPPOSITION opposition re: MOTION to Compel COMPLIANCE WITH SUBPOENA, REQUEST FOR PRODUCTION #35 filed by Defendants Bat World Sanctuary, Amanda Lollar. (MacPhail, Stephen) |
| Filing 38 DECLARATION OF PLAINTIFF MARY CUMMINS - MOTION TO EXTEND DISCOVERY, ADD DEFENDANTS, #37 filed by Plaintiff Mary Cummins. (mz) |
| Filing 37 PLAINTIFF'S MOTION TO EXTEND DISCOVERY TIME PERIOD AND ADD DEFENDANTS filed by Plaintiff Mary Cummins. Motion set for hearing on 7/24/2012 at 10:00 AM before Magistrate Judge Margaret A. Nagle. Lodged Proposed Order. (mz) |
| Filing 36 DECLARATION OF PLAINTIFF MARY CUMMINS, #35 filed by Plaintiff Mary Cummins. (mz) |
| Filing 35 NOTICE OF MOTION AND MOTION TO COMPEL COMPLIANCE WITH SUBPOENA, REQUEST FOR PRODUCTION filed by Plaintiff Mary Cummins. Motion set for hearing on 7/24/2012 at 10:00 AM before Magistrate Judge Margaret A. Nagle. Lodged Proposed Order. (mz) |
| Filing 34 MINUTES OF Motion Hearing held before Judge Dolly M. Geetaking under submission #30 Motion for TRO; taking under submission #30 Motion for Preliminary Injunction; taking under submission #30 Motion for Permanent Injunction. Written order will issue.Court Reporter: Anne Kielwasser. (rrey) |
| Filing 33 REPLY to Defendants' Opposition to Plaintiff's Motion for Temporary Restraining Order (TRO), Preliminary Injunction and Permanent Injunction #30 filed by Plaintiff Mary Cummins. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4)(gk) |
| Filing 32 Notice of Withdrawal of Motion to Compel Discovery Documents from Defendants Amanda Lollar, Bat World Sanctuary Filed 4/19/2012 #29 filed by Plaintiff Mary Cummins. (gk) |
| Filing 31 OPPOSITION re: MOTION for Temporary Restraining Order MotionMOTION for Preliminary Injunction. Motion MOTION for Permanent Injunction #30 filed by Defendants Bat World Sanctuary, Amanda Lollar. (Attachments: #1 Declaration of Amanda Lollar, #2 Declaration of Stephen MacPhail and Exhibits A and B)(MacPhail, Stephen) |
| Filing 30 MOTION for Temporary Restraining Order (TRO), Preliminary Injunction and Permanent Injunction filed by Plaintiff Mary Cummins. Motion set for hearing on 6/1/2012 at 09:30 AM before Judge Dolly M. Gee. (gk) |
| Filing 29 PLAINTIFF'S MOTION TO COMPEL DISCOVERY FROM DEFENDANTS AMANDA LOLLAR AKA BAT WORLD SANCTUARY AN INDIVIDUAL, BAT WORLD SANCTUARY AN UNKNOWN BUSINESS ENTITY filed by Plaintiff Mary Cummins. Motion set for hearing on 5/29/2012 at 10:00 AM before Magistrate Judge Margaret A. Nagle. (mz) |
| Filing 28 MINUTES OF Telephone Conference held before Magistrate Judge Margaret A. Nagle regarding deposition scheduling.Court Recorder: CS. (ec) |
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Filing 27
ORDER/REFERRAL to ADR Procedure No 1 by Judge Dolly M. Gee. Case ordered to the magistrate judge assigned to the case for Settlement Conference. The ADR proceeding is to be completed no later than 8/21/2012. The Court further sets a status conference for Joint status report re settlement due by 8/28/2012, no appearance necessary. (gk)
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Filing 26
SCHEDULING AND CASE MANAGEMENT ORDER FOR JURY TRIAL by Judge Dolly M. Gee: The Court has scheduled the dates set forth on the last page of this Order after review of the parties' Joint Scheduling Conference Report. Therefore, the Court deems a Scheduling Conference unnecessary and hereby vacates the hearing. Jury Trial set for 11/6/2012 08:30 AM before Judge Dolly M. Gee. Final Pretrial Conference set for 10/9/2012 02:00 PM before Judge Dolly M. Gee. Amended Pleadings and Addition of Parties Cut-Off 5/25/2012. Non-Expert Discovery cut-off 7/3/2012. Motions due by 7/10/2012. Initial Expert Disclosure & Report Deadline 8/7/2012. Rebuttal Expert Disclosure & Report Deadline 9/4/2012. Expert Discovery Cut-Off 9/18/2012. Settlement Conference Completion Date 8/21/2012. Motions in Limine to be filed by 9/18/2012. Opposition to Motion in Limine Filing Deadline 9/25/2012. Status Report due by 8/28/2012. Proposed Pretrial Conference Order due by 9/18/2012. Contentions of Fact/Law 9/18/2012. Pretrial Exhibit Stipulation 9/18/2012. Joint Exhibit List due by 9/18/2012. Witness Lists & Joint Trial Witness Time Estimate Form due by 9/18/2012. Agreed Statement of the Case 9/18/2012. Proposed Voir Dire Questions 9/18/2012. Joint Statement of Jury Instructions & Joint Statement of Disputed Instructions 9/18/2012. Verdict Forms 9/18/2012. (gk)
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| Filing 25 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-6 days, filed by Defendants Bat World Sanctuary, Amanda Lollar.. (Attachments: #1 Exhibit Schedule)(MacPhail, Stephen) |
| Filing 24 SCHEDULING CONFERENCE set for February 24, 2012, at 11:00 am [Fed. R. Civ. P.16]. Counsel shall meet at least 21 days in advance of the Scheduling Conference to prepare a jointly signed report for the court to be submitted no less than 14 days before the Scheduling Conference. The report is to contain the items set forth below. (Please see order for details.) (kpa) |
| Filing 23 ANSWER to Amended Complaint, #21 filed by defendant Amanda Lollar.(MacPhail, Stephen) |
| Filing 22 ANSWER to Amended Complaint, #21 filed by defendant Bat World Sanctuary.(MacPhail, Stephen) |
| Filing 21 FIRST AMENDED COMPLAINT against Defendants Amanda Lollar aka Bat World Sanctuary, Bat World Sanctuary, and John Does 1-10; Party Does terminated; amending Complaint #1 ; with Jury Demand filed by Plaintiff Mary Cummins. (gk) (Main Document 21 replaced on 12/27/2011) (gk). |
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Filing 20
MINUTE ORDER IN CHAMBERS by Judge Dolly M. Gee: Defendants' request for clarification #19 is DENIED. (smom)
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| Filing 19 REQUEST FOR CLARIFICATION RE: REPLY BRIEF re MOTION to Change Venue to N. D. Texas #6 , MOTION to Dismiss Case #5 filed by Defendants Bat World Sanctuary, Amanda Lollar. (MacPhail, Stephen) |
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Filing 18
MINUTES: IN CHAMBERSORDER GRANTING DEFENDANTS' MOTION TO DISMISS #5 AND DENYING DEFENDANTS' MOTION TO TRANSFER FOR IMPROPER VENUE #6 : In light of the foregoing: (1) Defendants' Motion to Dismiss for Improper Venue is DENIED; (2) Defendants' Motion to Dismiss for Failure to State a Claim is GRANTED, with leave to amend; (3) Plaintiff shall have 15 days from the date of this order to file an amended complaint; and (4) Defendants shall have 15 days from the date of service of an amended complaint to file a responsive pleading IT IS SO ORDERED by Judge Dolly M. Gee. (ir)
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Filing 16
MINUTES OF IN CHAMBERS - ORDER AND NOTICE TO ALL PARTIES by Judge Dolly M. Gee: The Court finds that Defendants motion to dismiss complaint #5 , and motion to dismiss for improper venue, or alternative, to transfer venue #6 , currently scheduled for hearing on 12/12/2011, are appropriate for decision without oral argument. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. Court Reporter: Not Reported. (gk)
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| Filing 17 REPLY in Support of Plaintiff's Opposition to Defendants' Motion to Dismiss #5 or Alternatively, Transfer Venue #6 filed by Plaintiff Mary Cummins. (gk) |
| Filing 12 REPLY in support of a motion MOTION to Change Venue to N. D. Texas #6 , MOTION to Dismiss Case #5 filed by Defendants Bat World Sanctuary, Amanda Lollar. (MacPhail, Stephen) |
| Filing 11 NOTICE and CERTIFICATION of Interested Parties filed by Defendants Bat World Sanctuary, Amanda Lollar, (MacPhail, Stephen) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Mary Cummins, upon Defendant Amanda Lollar Service of the Summons and Complaint were executed upon Amanda Lollar in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (kpa) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Mary Cummins upon Defendant Amanda Lollar aka: Bat World Sanctury on 10/18/2011, answer due 11/8/2011. Service of the Summons and Complaint were executed upon Amanda Lollar aka: Bat World Sanctuary in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (kpa) |
| Filing 13 Opposition to Defendants' Motion to Dismiss for Improper Venue or Alternative to Trnasfer Venue #6 filed by Plaintiff Mary Cummins in Pro Per. (kpa) (Main Document 13 replaced on 7/3/2013) (gk). |
| Filing 10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request for Judicial Notice in Support of Exhibits in Support of Motion to Dismiss for Improper Venue, or Alternatively, to Transfer Venue filed 11/8/2011 #7 . The following error(s) was found: Incorrect event selected. The correct event is: Requests - For Judicial Notice. Responses/Replies/Other Motion Related Documents - Exhibit to Motion event utilized in docketing this filing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 9 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion and Motion to Dismiss for Improper Venue, or Alternative, to Transfer Venue filed 11/8/2011 #6 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties. Lacking statement re conference of counsel, pursuant to Local Rule 7-3. Proposed order not submitted pursuant to Local Rule 52-4.1. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 8 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion and Motion to Dismiss Complaint filed 11/8/2011 #5 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties. Lacking statement re conference of counsel, pursuant to Local Rule 7-3. Proposed order not submitted pursuant to Local Rule 52-4.1. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 7 EXHIBIT -Request for Judicial Notice to MOTION to Change Venue to N. D. Texas #6 , MOTION to Dismiss Case #5 filed by Defendants Bat World Sanctuary, Amanda Lollar. (Attachments: #1 Exhibit TRO, #2 Exhibit Order, #3 Exhibit Pertition)(MacPhail, Stephen) |
| Filing 6 NOTICE OF MOTION AND MOTION to Change Venue to N. D. Texas filed by defendant Bat World Sanctuary, Amanda Lollar. Motion set for hearing on 12/12/2011 at 09:30 AM before Judge Dolly M. Gee. (MacPhail, Stephen) |
| Filing 5 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Bat World Sanctuary, Amanda Lollar. Motion set for hearing on 12/12/2011 at 09:30 AM before Judge Dolly M. Gee. (MacPhail, Stephen) |
| Filing 4 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE GEE: Please read this order carefully. It governs this Case and differs in some respects from the local rules. (Please see order for details). (kpa) |
| Filing 3 NOTICE TO PARTIES OF ADR PROGRAM filed.(ghap) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Mary Cummins.(ghap) |
| Filing 1 COMPLAINT against Defendants Bat World Sanctuary, Does 1-10, Amanda Lollar. Case assigned to Judge Dolly M. Gee for all further proceedings. Discovery referred to Magistrate Judge Margaret A. Nagle.(Filing fee $ 350:PAID) Jury Demanded., filed by plaintiff Mary Cummins.(ghap) (ghap). |
| 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Bat World Sanctuary, Amanda Lollar. (ghap) |
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