Marianne Maddalena v. Derrick John Toole
Plaintiff: Marianne Maddalena
Defendant: Derrick John Toole
Case Number: 2:2013cv04873
Filed: July 5, 2013
Court: US District Court for the Central District of California
Presiding Judge: Otis D Wright
Referring Judge: Ralph Zarefsky
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 1, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2013 Opinion or Order Filing 22 ORDER GRANTING DEFENDANT TOOLES MOTION TO DISMISS #15 Plaintiffs federal claims are hereby DISMISSED WITH PREJUDICE. Plaintiffs state-law claims are hereby DISMISSED WITHOUT PREJUDICE. The Clerk of the Court shall close this case. by Judge Otis D. Wright, II. (MD JS-6. Case Terminated) (lc) Modified on 10/1/2013 (lc).
September 17, 2013 Opinion or Order Filing 21 ORDER CONSOLIDATING RELATED CASES by Judge Otis D. Wright, II:The cases of Peggy Robinson v. Derrick John Toole, No. 13-cv-06007- ODW(RZx) and Marianne Maddalena v. Derrick John Toole, No. 13-cv-04873-ODW(RZx) are pending before this Court. Both actions present substantially identical questions of law and fact. Accordingly, it is hereby ORDERED that these cases are consolidated for all purposes, including trial, with case No. 13-cv-04873-ODW(RZx) serving as the lead case. All orders, pleadings, motions, and other documents should be filed only in the Lead case. (lc). Modified on 9/17/2013. (lc).
September 3, 2013 Filing 20 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Hearing on MOTION to Dismiss #15 , scheduled for September 16, 2013 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. (lc)
September 2, 2013 Filing 19 REPLY Support MOTION to Dismiss for Lack of Jurisdiction #15 filed by Defendant Derrick John Toole. (Koenig, Michael)
August 26, 2013 Filing 18 Opposition to Motion to Dismiss re: MOTION to Dismiss for Lack of Jurisdiction #15 filed by Plaintiff Marianne Maddalena. (Attachments: #1 Declaration)(Fox, Gerard)
August 19, 2013 Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #16 . The following error(s) was found: Incorrect event selected. The correct event is: Certificate/Notice of Interested Parties. 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. (lom)
August 14, 2013 Filing 16 Notice of Interested Parties (Koenig, Michael)
August 14, 2013 Filing 15 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Derrick John Toole. Motion set for hearing on 9/16/2013 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration, #2 Memorandum)(Koenig, Michael)
July 31, 2013 Filing 14 First STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by Plaintiff Marianne Maddalena.(Fox, Gerard)
July 30, 2013 Opinion or Order Filing 13 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:Plaintiff(s) is ordered to show cause in writing no later than August 6, 2013 why this action shouldnot be dismissed for lack of prosecution. The Court will consider the filing of the following, as an appropriate response to this OSC, on or before the above date:Plaintiff's request for entry of default as to the defendants. In the event both documents are filed before the above date, the answer will take precedence. Answer by the defendant(s). In accordance with Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, no oralargument on this Order to Show Cause will be heard unless ordered by the Court. The Order will stand submitted upon the filing of the response to the Order to Show Cause. (lc)
July 25, 2013 Filing 12 PDF DOCUMENTS ATTACHED TO DOCKET RE LOCAL RULE 3-2. The following PDF Documents were attached to the Court docket on 7/25/13: Initiating Documents. (mg)
July 25, 2013 Filing 11 PDF DOCUMENTS RECEIVED RE LOCAL RULE 3-2. The following PDF Documents were received by the Court on 7/23/13: Initiating Documents. (mg)
July 23, 2013 Filing 10 CLERKS E-MAIL RE LOCAL RULE 3-2 TO COUNSEL on 7/23/13 addressed to emorris@gpfoxlaw.com. COURT REQUIRES YOUR IMMEDIATE RESPONSE. Pursuant to Local Rule 3-2, you are required to e-mail, within 24 hours of filing, a Filed stamped copy of your complaint and other civil case initiating documents, in PDF format to the Court. To date, we have not received the PDF images of your filing. Please do so within 24 hours or this matter will be referred to the Judge for further proceedings. (mg)
July 11, 2013 Filing 9 PROOF OF SERVICE Executed by Plaintiff Marianne Maddalena, upon Defendant Derrick John Toole served on 7/6/2013, answer due 7/27/2013. Service of the Summons and Complaint were executed upon Derrick John Toole in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Fox, Gerard)
July 11, 2013 Opinion or Order Filing 8 ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Proof of Service (subsequent documents) #5 , for the following reasons: Incorrect event selected; service of Summons and Complaintreturned executed 21 days. (lc)
July 11, 2013 Filing 7 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) #5 . The following error(s) was found: Incorrect event selected. The correct event is: service of Summons and Complaint returned executed 21 days. 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. (lc)
July 10, 2013 Opinion or Order Filing 6 MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are encouraged to review the Central Districts website for additional information. ( SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION). (lc)
July 10, 2013 Filing 5 OF SERVICE filed by Plaintiff Marianne Maddalena, served on 7/6/13. (Fox, Gerard)
July 5, 2013 Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(ghap)
July 5, 2013 Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Marianne Maddalena. (ghap) (mg).
July 5, 2013 Filing 2 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Derrick John Toole. (ghap)
July 5, 2013 Filing 1 COMPLAINT against Defendant Derrick John Toole.Case assigned to Judge Otis D. Wright, II for all further proceedings. Discovery referred to Magistrate Judge Ralph Zarefsky.(Filing fee $ 400:PAID) Jury Demanded., filed by plaintiff Marianne Maddalena.(ghap) (Additional attachment(s) added on 7/25/2013: #1 Part 2, #2 Notice of Assignment, #3 Summons, #4 Civil Cover Sheet) (mg).

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Plaintiff: Marianne Maddalena
Represented By: Erika E Morris
Represented By: Gerard P Fox
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Defendant: Derrick John Toole
Represented By: Michael N Koenig
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