Judy Anne Mikovits v. Adam Garcia et al
| Judy Anne Mikovits |
| Annette F. Whittemore, Jamie McGuire, Whittemore-Peterson Institute, Adam Garcia, Carli West Kinne, Kenneth Hunter, Geoff Dean, Michael Hillerby, F. Harvey Whittemore, UNEVX Inc., Richard Gammick, Three Unidentified Ventura County Deputy Sherriffs, Greg Pari and Vincent Lombardi |
| 2:2014cv08909 |
| November 17, 2014 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Stephen V Wilson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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Filing 162
MINUTES (IN CHAMBERS) ORDER by Judge Stephen V. Wilson: Proceedings: Order Dismissing the Case. The Court finds that Plaintiff has failed to meet the requirements of Rule 8 and the Court's November 8, 2015 order and dismisses the case. The Motions to Dismiss #148 , #150 , #153 are GRANTED. The Motions to Strike #147 , #151 are DENIED AS MOOT. The hearing scheduled for 2/22/16 is VACATED and OFF-CALENDAR. ( MD JS-6. Case Terminated ) (mg)
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| Filing 161 REPLY support NOTICE OF MOTION AND MOTION to Strike Plaintiff's Prayer for Punitive Damages Pursuant to Rule 12(f) #147 , NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint Pursuant to Rules 8, 12(b)(2), and 12(b)(6) Supporting Memorandum of Points and Authorities; Declaration of Robert M. Dato; Affidavit of Kenneth Hunter #148 Combined Reply to Plaintiff's Untimely Opposition to Adam Garcia's, Jaime McGuire's and Kenneth Hunter's Motion to Dismiss Second Amended Complaint and Motion to Strike Prayer for Punitive Damages filed by Defendants Adam Garcia, Kenneth Hunter, Jamie McGuire. (Dato, Robert) |
| Filing 160 REQUEST for Leave of Brian W. Hagen to Appear for by Telephone at Motion Hearing filed by Defendants Michael Hillerby, Carli West Kinne, Vincent Lombardi, UNEVX Inc., Annette F. Whittemore, F. Harvey Whittemore, Whittemore-Peterson Institute. (Attachments: #1 Declaration In Support of Telephonic Appearance, #2 Proposed Order Granting Leave to Appear by Telephone) (Hagen, Brian) |
| Filing 159 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #153 filed by Plaintiff Judy Anne Mikovits. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Liskey, Robert) |
| Filing 158 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Strike Plaintiff's Prayer for Punitive Damages Pursuant to Rule 12(f) #147 , NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint Pursuant to Rules 8, 12(b)(2), and 12(b)(6) Supporting Memorandum of Points and Authorities; Declaration of Robert M. Dato; Affidavit of Kenneth Hunter #148 Notice of Non-Receipt of Opposition to Adam Garcia's, Jaime McGuire's and Kenneth Hunter's Motion to Dismiss Second Amended Complaint and Motion to Strike Prayer for Punitive Damages filed by Defendants Adam Garcia, Kenneth Hunter, Jamie McGuire. (Dato, Robert) |
| Filing 157 REQUEST to appear by telephone filed by defendant Richard Gammick. Request set for hearing on 2/22/2016 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration, #2 Proposed Order) (Kandaras, Mary) |
| Filing 156 NOTICE OF LODGING filed Notice of Lodging of Proposed Order Granting Adam Garcia's, Jaime McGuire's and Kenneth Hunter's Motion to Strike Plaintiff's Prayer for Punitive Damages re NOTICE OF MOTION AND MOTION to Strike Plaintiff's Prayer for Punitive Damages Pursuant to Rule 12(f) #147 (Attachments: #1 Proposed Order Granting Adam Garcia's, Jaime McGuire's and Kenneth Hunter's Motion to Strike Plaintiff's Prayer for Punitive Damages)(Dato, Robert) |
| Filing 155 NOTICE OF LODGING filed Notice of Lodging of Proposed Order Granting Adam Garcia's, Jaime McGuire's and Kenneth Hunter's Motion to Dismiss Second Amended Complaint re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint Pursuant to Rules 8, 12(b)(2), and 12(b)(6) Supporting Memorandum of Points and Authorities; Declaration of Robert M. Dato; Affidavit of Kenneth Hunter #148 (Attachments: #1 Proposed Order Granting Adam Garcia's, Jaime McGuire's and Kenneth Hunter's Motion to Dismiss Plaintiff's Second Amended Complaint)(Dato, Robert) |
| Filing 154 SCHEDULING NOTICE by Judge Stephen V. Wilson re: MOTION to Dismiss Case #153 : The hearing inadvertently scheduled for 02/26/2016 at 1:30 p.m. has been rescheduled to 2/22/2016 at 01:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 153 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Michael Hillerby, Carli West Kinne, Vincent Lombardi, UNEVX Inc., Annette F. Whittemore, F. Harvey Whittemore, Whittemore-Peterson Institute. Motion set for hearing on 2/26/2016 at 01:30 PM before Judge Stephen V. Wilson. (Hagen, Brian) |
| Filing 152 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Strike Plaintiff's Second Amended Complaint Pursuant to Rule 12(f) #151 filed by Defendant Geoff Dean. (Attachments: #1 Exhibit "1" through "10")(Beach, Paul) |
| Filing 151 NOTICE OF MOTION AND MOTION to Strike Plaintiff's Second Amended Complaint Pursuant to Rule 12(f) filed by Defendant Geoff Dean. Motion set for hearing on 2/22/2016 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Exhibit "1" and "2") (Beach, Paul) |
| Filing 150 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Richard Gammick. Motion set for hearing on 2/22/2016 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Kandaras, Mary) |
| Filing 149 REQUEST FOR JUDICIAL NOTICE In Support of Motion to Dismiss Second Amended Complaint by Defendants Adam Garcia, Jaime McGuire, and Kenneth Hunter filed by Defendants Adam Garcia, Kenneth Hunter, Jamie McGuire. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Dato, Robert) |
| Filing 148 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint Pursuant to Rules 8, 12(b)(2), and 12(b)(6) Supporting Memorandum of Points and Authorities; Declaration of Robert M. Dato; Affidavit of Kenneth Hunter filed by defendant Adam Garcia, Kenneth Hunter, Jamie McGuire. Motion set for hearing on 2/22/2016 at 01:30 PM before Judge Stephen V. Wilson. (Dato, Robert) |
| Filing 147 NOTICE OF MOTION AND MOTION to Strike Plaintiff's Prayer for Punitive Damages Pursuant to Rule 12(f) filed by defendant Adam Garcia, Kenneth Hunter, Jamie McGuire. Motion set for hearing on 2/22/2016 at 01:30 PM before Judge Stephen V. Wilson. (Dato, Robert) |
| Filing 146 AMENDED DOCUMENT filed by Defendants Adam Garcia, Kenneth Hunter, Jamie McGuire. Amendment to Reply (Motion related),, #131 Amended Request for Judicial Notice in Support of Motion to Dismiss First Amended Complaint by Defendants Adam Garcia, Jaime McGuire, and Kenneth Hunter (Attachments: #1 Exhibit 1 to Request for Judicial Notice, #2 Exhibit 2 to Request for Judicial Notice, #3 Exhibit 3 to Request for Judicial Notice)(Dato, Robert) |
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Filing 145
ORDER ON OPPOSED EX PARTE APPLICATION FOR PROTECTIVE ORDER TO RESTRICT ACCESS TO FILED DOCUMENTS CONTAINING PERSONAL DATA IDENTIFIERS by Judge Stephen V. Wilson: The Application is GRANTED. Please refer to the Court's Order for specifics. (cr)
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| Filing 144 SECOND AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition #92 , Complaint - (Referred),, #1 , filed by Plaintiff Judy Anne Mikovits(Liskey, Robert) |
| Filing 143 NOTICE OF LODGING filed Notice of Lodging of Corrected Proposed Order on Unopposed Ex Parte Application to Restrict Access to Filed Documents Containing Personal Data Identifiers re EX PARTE APPLICATION for Order for Restrict access to filed documents Unopposed Ex Parte Application For Protective Order to Restrict Access to Filed Documents Containing Personal Data Identifiers; Declaration of Robert M. Dato #141 (Attachments: #1 Exhibit)(Dato, Robert) |
| Filing 142 MINUTES (IN CHAMBERS) by Judge Stephen V. Wilson: ORDER GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT #100 ; DISMISSING PLAINTIFFS COMPLAINT UNDER RULE 8 AND DENYING DEFENDANTS MOTIONS #109 , 113 , #114 , #115 AS MOOT. Plaintiffs first amended complaint is dismissed without prejudice and leave to file amended complaint within 21 days of this order. (lc) |
| Filing 141 EX PARTE APPLICATION for Order for Restrict access to filed documents Unopposed Ex Parte Application For Protective Order to Restrict Access to Filed Documents Containing Personal Data Identifiers; Declaration of Robert M. Dato filed by defendants Adam Garcia, Kenneth Hunter, Jamie McGuire. (Attachments: #1 Proposed Order) (Dato, Robert) |
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Filing 140
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re #100 MOTION for Summary Judgment as to the plaintiff's first amended complaint, claims one through eleven; #109 MOTION to Dismiss Case 109 filed by Defendant Richard Gammick; 113 MOTION to Dismiss Case /First Amended Complaint filed by defendants Adam Garcia, Kenneth Hunter, Jamie McGuire; #114 MOTION to Strike Plaintiff's Prayer for Purnitive Damages Pursuant to Rule 12(f) Amended Complaint/Petition filed by defendants Adam Garcia, Kenneth Hunter, Jamie McGuire; #115 MOTION to Dismiss Case filed by Defendant Michael Hillerby, Carli West Kinne, Vincent Lombardi, UNEVX Inc., Annette F. Whittemore, F. Harvey Whittemore, Whittemore-Peterson Institute: The Motions are suitable to a determination without oral argument. Fed. R. Civ. P. 78(b); Local Rule 7-15. The hearing on the motions/Trial Setting Conference scheduled for 11/16/2015 at 1:30 p.m. is VACATED is VACATED and OFF-CALENDAR. Order to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 139
ORDER GRANTING TELEPHONIC APPEARANCE by Judge Stephen V. Wilson. Counsel shall contact the court clerk promptly to arrange appearance by telephone. (kss)
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Filing 138
ORDER GRANTING TELEPHONIC APPEARANCE by Judge Stephen V. Wilson. Counsel shall contact the court clerk promptly to arrange appearance by telephone. (kss)
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| Filing 137 DECLARATION of James S. Eicher, Jr. in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to the plaintiff's first amended complaint, claims one through eleven. #100 AND EVIDENTIARY OBJECTIONS filed by Defendant Geoff Dean. (Beach, Paul) |
| Filing 136 DEFENDANT DEAN'S EVIDENTIARY OBJECTIONS IN SUPPORT OF HIS MOTION FOR SUMMARY JUDGMENT re NOTICE OF MOTION AND MOTION for Summary Judgment as to the plaintiff's first amended complaint, claims one through eleven. #100 filed by Defendant Geoff Dean. (Beach, Paul) |
| Filing 135 DEFENDANT'S RESPONSE TO AND REQUEST TO STRIKE PLAINTIFF'S SEPARATE STATEMENT IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF re NOTICE OF MOTION AND MOTION for Summary Judgment as to the plaintiff's first amended complaint, claims one through eleven. #100 filed by Defendant Geoff Dean. (Beach, Paul) |
| Filing 134 REPLY to Plaintiff's Opposition in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to the plaintiff's first amended complaint, claims one through eleven. #100 filed by Defendant Geoff Dean. (Beach, Paul) |
| Filing 133 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #115 filed by Defendants Michael Hillerby, Carli West Kinne, Vincent Lombardi, UNEVX Inc., Annette F. Whittemore, F. Harvey Whittemore, Whittemore-Peterson Institute. (Hagen, Brian) |
| Filing 132 REQUEST for Leave of Brian W. Hagen, Esq. to Appear for Motion Hearing by Telephone filed by Defendant Michael Hillerby, Carli West Kinne, Vincent Lombardi, UNEVX Inc., Annette F. Whittemore, F. Harvey Whittemore, Whittemore-Peterson Institute. (Attachments: #1 Declaration In Support of Telephonic Appearance, #2 Proposed Order Proposed Order Granting Telephonic Appearance.) (Hagen, Brian) |
| Filing 131 REPLY Support NOTICE OF MOTION AND MOTION to Strike Plaintiff's Prayer for Purnitive Damages Pursuant to Rule 12(f) Amended Complaint/Petition #92 #114 , NOTICE OF MOTION AND MOTION to Dismiss Case /First Amended Complaint 113 Combined Reply of "The UNR Defendants" in Support of Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Rule 12(b)(2) and 12(b)(6) and Motion to Strike Punitive Damages Prayer filed by Defendants Adam Garcia, Kenneth Hunter, Jamie McGuire. (Dato, Robert) |
| Filing 130 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #109 filed by Defendant Richard Gammick. (Kandaras, Mary) |
| Filing 129 REQUEST to Appear by Telephone filed by defendant Richard Gammick. Request set for hearing on 11/16/2015 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Mary Kandaras, #2 Proposed Order Granting Telephonic Appearance) (Kandaras, Mary) |
| Filing 128 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #115 , NOTICE OF MOTION AND MOTION to Dismiss Case #109 , NOTICE OF MOTION AND MOTION to Dismiss Case /First Amended Complaint 113 filed by Plaintiff Judy Anne Mikovits. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Liskey, Robert) |
| Filing 127 NOTICE of Interested Parties filed by Defendant Adam Garcia, Kenneth Hunter, Jamie McGuire, (Dato, Robert) |
| Filing 126 SCHEDULING NOTICE re: Trial Setting Conference 104 : The Trial Setting Conference previously scheduled for 09/21/2015 at 1:30 p.m. has been rescheduled to 11/16/2015 at 01:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
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Filing 125
MINUTES IN CHAMBERS ORDER RE: PLAINTIFF'S EX PARTE APPLICATION #118 #119 by Judge Stephen V. Wilson. On September 4, 2015, Plaintiff filed a request to continue the deadline for her opposition to Defendant's motion for summary judgment from September 4, 2015 to September 8, 2015. In addition, Plaintiff requested the Court to continue the hearing from September 21, 2015 to November 16, 2015. Defendant correctly identified this request as an ex parte application. After granting a series of continuances throughout this case, the Court warned the parties that no further continuances would be granted #108 . However, courts harbor a strong preference for decisions on the merits. See, e.g., Eitel v. McCool, 782 F.2d 1470, 1472 (9th Cir. 1986) (noting, in the context of a motion for default judgment, the Federal Rules of Civil Procedures "strong policy... favoring decisions on the merits"). Therefore, the Court will take under consideration Plaintiffs brief submitted in opposition to the motion for summary judgment. In addition, the Court will consolidate the hearing currently set for September 21, 2015 with the hearings on calendar for November 16, 2015. This decision does not diminish the severity of Plaintiff's violation. The parties are advised to comply with the Court's future deadlines or face appropriate consequences. Accordingly, the briefing deadlines are rescheduled as follows: 1. The hearing for this matter shall be continued to November 16, 2015, at 1:30 p.m. 2. Defendant's reply shall be due November 2, 2015. (lom)
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| Filing 124 NOTICE of Appearance filed by attorney Paul B Beach on behalf of Defendant Geoff Dean (Attorney Paul B Beach added to party Geoff Dean(pty:dft))(Beach, Paul) |
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Filing 123
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY #117 by Judge Stephen V. Wilson: granting #117 Request to Substitute Attorney James S Eicher as attorney of record instead of Attorneys Lisa Noel Shyer; Jeffrey Held and James N Procter, II for Defendant Geoff Dean. (lom)
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| Filing 122 Opposition to re: REQUEST to Continue Opposition/Hearing from 9/4/15 and 9/21/15 to 9/8/15 and 11/16/15 Re: REQUEST to Continue Opposition/Hearing from 9/4/15 and 9/21/15 to November of 2015 Re: NOTICE OF MOTION AND MOTION for Summary Judgment as to the plain #119 filed by Defendant Geoff Dean. (Eicher, James) |
| Filing 121 DECLARATION of Judy Anne Mikovits NOTICE OF MOTION AND MOTION for Summary Judgment as to the plaintiff's first amended complaint, claims one through eleven. #100 Notarized Affidavit in Support of Response in Opposition to Motion for Summary Judgment filed by Plaintiff Judy Anne Mikovits. (Liskey, Robert) |
| Filing 120 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to the plaintiff's first amended complaint, claims one through eleven. #100 filed by Plaintiff Judy Anne Mikovits. (Attachments: #1 Statement of Genuine Disputes, #2 Affidavit)(Liskey, Robert) |
| Filing 119 REQUEST to Continue Opposition/Hearing from 9/4/15 and 9/21/15 to 9/8/15 and 11/16/15 Re: REQUEST to Continue Opposition/Hearing from 9/4/15 and 9/21/15 to November of 2015 Re: NOTICE OF MOTION AND MOTION for Summary Judgment as to the plaintiff's first amended complaint, claims one through eleven. #100 #118 , NOTICE OF MOTION AND MOTION for Summary Judgment as to the plaintiff's first amended complaint, claims one through eleven. #100 filed by Plaintiff Judy Anne Mikovits. Request set for hearing on 11/16/2015 at 10:30 AM before Judge Stephen V. Wilson. (Attachments: #1 Declaration) (Liskey, Robert) |
| Filing 118 REQUEST to Continue Opposition/Hearing from 9/4/15 and 9/21/15 to November of 2015 Re: NOTICE OF MOTION AND MOTION for Summary Judgment as to the plaintiff's first amended complaint, claims one through eleven. #100 filed by Plaintiff Judy Anne Mikovits. Request set for hearing on 11/16/2015 at 10:30 AM before Judge Stephen V. Wilson. (Liskey, Robert) |
| Filing 117 REQUEST TO SUBSTITUTE ATTORNEY James S. Eicher, Jr. in place of attorney James N. Procter II filed by Defendant Geoff Dean. (Attachments: #1 Proposed Order) (Attorney James S Eicher added to party Geoff Dean(pty:dft)) (Eicher, James) |
| Filing 116 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #112 . The following error(s) was found: Incorrect event selected. The correct event is: SELECT Requests Substitute Attorney (G-01) UNDER Motions and Related Filings Applications/Ex Parte Applications/Motions/Petitions/. 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. (pj) |
| Filing 115 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Michael Hillerby, Carli West Kinne, Vincent Lombardi, UNEVX Inc., Annette F. Whittemore, F. Harvey Whittemore, Whittemore-Peterson Institute. Motion set for hearing on 11/16/2015 at 01:30 PM before Judge Stephen V. Wilson. (Hagen, Brian) |
| Filing 114 NOTICE OF MOTION AND MOTION to Strike Plaintiff's Prayer for Purnitive Damages Pursuant to Rule 12(f) Amended Complaint/Petition #92 filed by defendants Adam Garcia, Kenneth Hunter, Jamie McGuire. Motion set for hearing on 11/16/2015 at 01:30 PM before Judge Stephen V. Wilson. (Dato, Robert) |
| Filing 112 Request for Approval of Substitution or Withdrawal of Counsel filed by Defendant Geoff Dean (Attachments: #1 Proposed Order)(Eicher, James) |
| Filing 111 DECLARATION of Mary Kandaras in support of NOTICE OF MOTION AND MOTION to Dismiss Case #109 filed by Defendant Richard Gammick. (Kandaras, Mary) |
| Filing 110 NOTICE OF MOTION re NOTICE OF MOTION AND MOTION to Dismiss Case #109 filed by Defendant Richard Gammick. Motion set for hearing on 11/16/2015 at 01:30 PM before Judge Stephen V. Wilson. (Kandaras, Mary) |
| Filing 109 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Richard Gammick. Motion set for hearing on 11/16/2015 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Kandaras, Mary) |
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Filing 108
Order #106 by Judge Stephen V. Wilson Upon Submission of a STIPULATION by counsel for the parties affected by the filing of a Motion for Summary Judgment by Defendant Geoff Dean #106 , and in consideration thereof, it is HEREBY ORDERED that the Plaintiff shall have until no later than September 4, 2015, to file her oppositions to said Motion for Summary Judgment, and that the defendants shall have email service and one extra day to file reply memoranda. There shall be no further continuances. (lom)
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| Filing 107 Voluntary Dismissal filed by Plaintiff Judy Anne Mikovits of Defendant Greg Pari (Liskey, Robert) |
| Filing 106 STIPULATION for Extension of Time to File as to NOTICE OF MOTION AND MOTION for Summary Judgment as to the plaintiff's first amended complaint, claims one through eleven. #100 filed by Plaintiff Judy Anne Mikovits. (Attachments: #1 to extend time to file opposition to MSJ)(Liskey, Robert) |
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Filing 105
ORDER by Judge Stephen V. Wilson GRANTING Stipulation to Extend Time to File Responsive Pleading to Plaintiff's First Amended Complaint by August 31, 2015. #103 (pg)
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| Filing 104 SCHEDULING NOTICE: The Trial Setting Conference scheduled for 08/24/2015 at 1:30 p.m. has been rescheduled to 9/21/2015 at 01:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 103 First STIPULATION for Extension of Time to File Response filed by Defendant Michael Hillerby, Carli West Kinne, Vincent Lombardi, UNEVX Inc., Annette F. Whittemore, F. Harvey Whittemore, Whittemore-Peterson Institute. (Attachments: #1 Proposed Order)(Hagen, Brian) |
| Filing 102 NOTICE OF LODGING filed re [Proposed] Judgment re NOTICE OF MOTION AND MOTION for Summary Judgment as to the plaintiff's first amended complaint, claims one through eleven. #100 (Attachments: #1 Proposed Order Judgment)(Held, Jeffrey) |
| Filing 101 NOTICE OF LODGING filed re Statement of Uncontroverted Facts and Conclusions of Law re NOTICE OF MOTION AND MOTION for Summary Judgment as to the plaintiff's first amended complaint, claims one through eleven. #100 (Attachments: #1 Appendix Statement of Uncontroverted Facts and Conclusions of Law)(Held, Jeffrey) |
| Filing 100 NOTICE OF MOTION AND MOTION for Summary Judgment as to the plaintiff's first amended complaint, claims one through eleven. filed by Defendant Geoff Dean. Motion set for hearing on 9/21/2015 at 01:30 PM before Judge Stephen V. Wilson. (Held, Jeffrey) |
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Filing 99
ORDER GRANTING STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS ADAM GARCIA, JAIME MCGUIRE, KENNETH HUNTER AND GREG PARI TO FILE RESPONSE TO FIRST AMENDED COMPLAINT by Judge Stephen V. Wilson: Upon Stipulation #95 , IT IS HEREBY ORDERED that Defendants Adam Garcia, Jamie McGuire, Kenneth Hunter and Greg Pari shall have until 8/31/2015 to file a response to the First Amended Complaint #92 . (gk)
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| Filing 98 SCHEDULING NOTICE: The matter is set for a Trial Setting Conference on 8/24/2015 at 01:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 97 NOTICE of Interested Parties filed by Defendant Geoff Dean, identifying County of Ventura, Ventura County Sheriff's Office, Sheriff Geoff Dean. (Held, Jeffrey) |
| Filing 96 ANSWER to Amended Complaint/Petition #92 JURY DEMAND. filed by Defendant Geoff Dean.(Held, Jeffrey) |
| Filing 95 STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition #92 filed by defendants Adam Garcia, Kenneth Hunter, Jamie McGuire, Greg Pari. (Attachments: #1 Proposed Order)(Dato, Robert) |
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Filing 94
ORDER GRANTING STIPULATION OF EXTENSION OF TIME TO FILE RESPONSE, granting Stipulation for Extension of Time to File Response/Reply #93 , Defendant Richard Gammick answer due 8/31/2015 by Judge Stephen V. Wilson (bp)
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| Filing 93 First STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition #92 filed by defendant Richard Gammick. (Attachments: #1 Proposed Order)(Kandaras, Mary) |
| Filing 92 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Referred),, #1 , filed by Plaintiff Judy Anne Mikovits (Liskey, Robert) |
| Filing 91 APPLICATION for attorney Michael Hugo to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15933783 paid.) filed by Plaintiff Judy Anne Mikovits. (Liskey, Robert) |
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Filing 90
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Stephen V. Wilson: granting #87 Application to Appear Pro Hac Vice by Attorney Michael R. Hugo on behalf of Plaintiff, designating Robert J. Liskey as local counsel. (lt)
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| Filing 89 MINUTES OF Motion Hearing held before Judge Stephen V. Wilson RE: MOTION to Dismiss Case filed by defendant Richard Gammick #48 ; MOTION to Dismiss Case filed by Defendant Michael Hillerby, Carli West Kinne, Vincent Lombardi, UNEVX Inc., Annette F. Whittemore, F. Harvey Whittemore, Whittemore-Peterson Institute #52 ; MOTION to Dismiss Defendant Geoff Dean for Failure to State a Claim or for a More Definite Statement filed by Defendant Geoff Dean #56 ; MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Plaintiff's Complaint Pursuant to Rules 12(b)(2) and 12(b)(6) filed by defendants Kenneth Hunter, Greg Pari #60 ; MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Plaintiff's Complaint pursuant to Rule 12(b)(6) filed by defendants Adam Garcia, Jamie McGuire #63 ; MOTION to Strike Plaintiff's Prayer for Punitive Damages Pursuant to Rule 12(f) filed by defendants Adam Garcia, Kenneth Hunter, Jamie McGuire, Greg Pari #64 . Plaintiff is granted leave to amend. Court Reporter: Deborah Gackle. (gk) |
| Filing 88 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Michael R. Hugo to Appear Pro Hac Vice (PHV FEE NOT PAID.) #87 . The following error(s) was found: Other error(s) with document(s) are specified below: Fee not paid. See LR 83-2.1.3.3(c). 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. (lt) |
| Filing 87 APPLICATION for attorney Michael R. Hugo to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiff's Attorney Judy Anne Mikovits. (Attachments: #1 Proposed Order)(Liskey, Robert) |
| Filing 86 APPLICATION for attorney Michael R. Hugo to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiff's Attorney Judy Anne Mikovits. (Liskey, Robert) |
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Filing 85
ORDER GRANTING TELEPHONIC APPEARANCE by Judge Stephen V. Wilson: Upon Defendant Richard Gammick's Request #83 , IT IS HEREBY ORDERED that Defendant Richard Gammick and his counsel, Mary Kandaras, Deputy District Attorney, Washoe County, Nevada may appear by telephone at the hearing on the Motion to Dismiss #48 which is currently scheduled for 5/15/2015 at 1:30 PM. Counsel shall contact the court clerk promptly to arrange appearance by telephone. (gk)
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| Filing 84 NOTICE OF LODGING filed re REQUEST for Leave of Mary Kandaras and Richard Gammick to Appear for Telephonic #83 (Attachments: #1 Proposed Order)(Kandaras, Mary) |
| Filing 83 REQUEST for Leave of Mary Kandaras and Richard Gammick to Appear for Telephonic filed by defendant Richard Gammick. Request set for hearing on 6/15/2015 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration)(Kandaras, Mary) |
| Filing 82 SCHEDULING NOTICE re: MOTION to Strike Plaintiff's Prayer for Punitive Damages Pursuant to Rule 12(f) Supporting Memorandum of Points and Authorities; Dec. of Robert M. Dato #64 , MOTION to Dismiss for Lack of Jurisdiction/Motion to Dismiss Plaintiff's Complaint Pursuant to Rules 12(b)(2) and 12(b)(6); Supporting Memorandum of Points and Authorities; Dec. of Robert M. Dato (Filed concurrently with affidavits of Kenneth #60 , MOTION to Dismiss Case #52 , MOTION to Dismiss Case #48 , MOTION to Dismiss Defendant Geoff Dean for Failure to State a Claim or for a More Definite Statement #56 , MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Plaintiff's Complaint pursuant to Rule 12(b)(6); supporting Memorandum of Points and Authorities; Dec. of Robert M. Dato #63 : Hearing on the motions is set for 6/15/2015 at 01:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 81 REQUEST FOR SUBMISSION OF MOTIONS re MOTION to Dismiss Defendant Geoff Dean for Failure to State a Claim or for a More Definite Statement #56 , MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Plaintiff's Complaint Pursuant to Rules 12(b)(2) and 12(b)(6); Supporting Memorandum of Points and Authorities; Dec. of Robert M. Dato (Filed concurrently with affidavits of Kenneth #60 , MOTION to Dismiss Case #48 , MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Plaintiff's Complaint pursuant to Rule 12(b)(6); supporting Memorandum of Points and Authorities; Dec. of Robert M. Dato #63 , MOTION to Dismiss Case #52 filed by Defendants Michael Hillerby, Carli West Kinne, Vincent Lombardi, UNEVX Inc., Annette F. Whittemore, F. Harvey Whittemore, Whittemore-Peterson Institute. (Hagen, Brian) |
| Filing 80 REPLY in support of MOTION to Dismiss Case #48 filed by Defendant Richard Gammick. (Kandaras, Mary) |
| Filing 79 REPLY in support of motions MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Plaintiff's Complaint Pursuant to Rules 12(b)(2) and 12(b)(6); Supporting Memorandum of Points and Authorities; Dec. of Robert M. Dato (Filed concurrently with affidavits of Kenneth #60 , MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Plaintiff's Complaint pursuant to Rule 12(b)(6); supporting Memorandum of Points and Authorities; Dec. of Robert M. Dato #63 , MOTION to Strike Plaintiff's Prayer for Punitive Damages Pursuant to Rule 12(f) Supporting Memorandum of Points and Authorities; Dec. of Robert M. Dato #64 filed by Defendants Adam Garcia, Kenneth Hunter, Jamie McGuire, Greg Pari. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Dato, Robert) |
| Filing 78 REPLY to Opposition to Motion to Dismiss Complaint; Memorandum of Points and Authorities in Support of MOTION to Dismiss Defendant Geoff Dean for Failure to State a Claim or for a More Definite Statement #56 filed by Defendant Geoff Dean. (Held, Jeffrey) |
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Filing 77
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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| Filing 76 NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE. Pursuant to General Order 05-07, reference to the Magistrate Judge is vacated for the following reason: Plaintiff has retained counsel. This case has been referred to the calendar of Magistrate Judge Paul L. Abrams for any discovery matters that may be referred. All documents subsequently filed in this case must reflect the case number CV14-08909 SVW (PLAx). (mg) |
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Filing 75
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Magistrate Judge Paul L. Abrams, GRANTING #74 Request to Substitute Attorney Robert J. Liskey, Retained as attorney of record instead of Judy Ann Mikovits. (es)
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| Filing 74 REQUEST TO SUBSTITUTE ATTORNEY Robert J. Liskey in place of attorney Judy Anne Mikovits filed by Plaintiff Judy Anne Mikovits. (Liskey, Robert) |
| Filing 73 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MEMORANDUM in Opposition to Motion,,,, #72 . The following error(s) was found: Other error(s) with document(s) are specified below: Plaintiff's Memorandum in Opposition was electronically filed by attorney Robert J. Liskey. Prior to the filing, plaintiff was pro se. A request to substitute counsel has not been filed in this case. Counsel has until NO LATER THAN APRIL 21, 2015, to file a request to substitute counsel or the clerk will be directed to terminate counsel's mailing information and plaintiff's pro se information will be reinstated on the Court's CM/ECF docket. 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. (ch) |
| Filing 72 MEMORANDUM in Opposition to MOTION to Dismiss Defendant Geoff Dean for Failure to State a Claim or for a More Definite Statement #56 , MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Plaintiff's Complaint Pursuant to Rules 12(b)(2) and 12(b)(6); Supporting Memorandum of Points and Authorities; Dec. of Robert M. Dato (Filed concurrently with affidavits of Kenneth #60 , MOTION to Dismiss Case #48 , MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Plaintiff's Complaint pursuant to Rule 12(b)(6); supporting Memorandum of Points and Authorities; Dec. of Robert M. Dato #63 , MOTION to Dismiss Case #53 , MOTION to Strike Plaintiff's Prayer for Punitive Damages Pursuant to Rule 12(f) Supporting Memorandum of Points and Authorities; Dec. of Robert M. Dato #64 , MOTION to Dismiss Case #52 filed by Plaintiff Judy Anne Mikovits. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Attorney Robert J Liskey added to party Judy Anne Mikovits(pty:pla))(Liskey, Robert) |
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Filing 71
MINUTE ORDER IN CHAMBERS by Magistrate Judge Paul L. Abrams. The Court GRANTS the Stipulation #70 to Coordinate Filings of Oppositions, filed on March 25, 2015, and orders that plaintiff's oppositions to all pending defense motions shall be filed NO LATER THAN APRIL 15, 2015, and defendants' replies, if any, to all pending motions are due NO LATER MAY 6, 2015. (ch)
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| Filing 70 STIPULATION to Reset filed by defendants Adam Garcia, Kenneth Hunter, Jamie McGuire, Greg Pari. (Attachments: #1 Proposed Order re Further Stipulation to Coordinate Filings of Oppositions)(Dato, Robert) |
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Filing 69
MINUTE ORDER IN CHAMBERS by Magistrate Judge Paul L. Abrams. The Court GRANTS the Stipulation to Coordinate Filings of Oppositions, filed on March 6, 2015, and orders that plaintiff's oppositions to all pending defense motions shall be filed NO LATER THAN MARCH 25, 2015, and defendants' replies, if any, to all pending motions are due NO LATER THAN APRIL 15, 2015. (ch)
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| Filing 68 STIPULATION for Extension of Time to File filed by Defendants Adam Garcia, Kenneth Hunter, Jamie McGuire, Greg Pari. (Attachments: #1 Proposed Order)(Dato, Robert) |
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Filing 67
MINUTE ORDER IN CHAMBERS by Magistrate Judge Paul L. Abrams. The Court is in receipt of the "Motion to Strike Plaintiff's Prayer for Punitive Damages Pursuant to Rule 12(f)," #64 filed on February 18, 2015, by defendants Adam Garcia, Jaime McGuire, Kenneth Hunter and Greg Pari. Plaintiff's opposition to the Motion shall be filed NO LATER THAN MARCH 25, 2015. Defendants' reply, if any, is due NO LATER THAN APIRL 15, 2015. The Court will take the matter under submission without oral argument as of the date defendants' reply is due. Plaintiff is advised that failure to oppose a motion to strike may be construed as consent to the granting of the motion. Local Rule 7-12. The hearing noticed for April 13, 2015, is ORDERED OFF CALENDAR. (ch)
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Filing 66
MINUTE ORDER IN CHAMBERS by Magistrate Judge Paul L. Abrams. The Court is in receipt of a "Motion to Dismiss," #63 filed on February 18, 2015, by defendants Adam Garcia and Jaime McGuire. Plaintiff's opposition shall be filed NO LATER THAN MARCH 25, 2015. Defendants' reply, if any, is due NO LATER THAN APRIL 15, 2015. The Court will take the matter under submission without oral argument as of the date defendants' reply is due. Plaintiff is advised that failure to oppose a motion to dismiss may be construed as consent to the granting of the motion, and may result in dismissal of the action as to the above listed defendants. Local Rule 7-12. The hearing noticed for April 13, 2015, is ORDERED OFF CALENDAR. (ch)
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Filing 65
MINUTE ORDER IN CHAMBERS by Magistrate Judge Paul L. Abrams. The Court is in receipt of a "Motion to Dismiss," #60 filed on February 18, 2015, by defendants Kenneth Hunter and Greg Pari. Plaintiff's opposition shall be filed NO LATER THAN MARCH 25, 2015. Defendants' reply, if any, is due NO LATER THAN APRIL 15, 2015. The Court will take the matter under submission without oral argument as of the date defendants' reply is due. Plaintiff is advised that failure to oppose a motion to dismiss may be construed as consent to the granting of the motion, and may result in dismissal of the action as to the above listed defendants. Local Rule 7-12. The hearing noticed for April 13, 2015, is ORDERED OFF CALENDAR. (ch)
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| Filing 64 NOTICE OF MOTION AND MOTION to Strike Plaintiff's Prayer for Punitive Damages Pursuant to Rule 12(f) Supporting Memorandum of Points and Authorities; Dec. of Robert M. Dato filed by defendants Adam Garcia, Kenneth Hunter, Jamie McGuire, Greg Pari. Motion set for hearing on 4/13/2015 at 01:30 PM before Judge Stephen V. Wilson. (Dato, Robert) |
| Filing 63 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Plaintiff's Complaint pursuant to Rule 12(b)(6); supporting Memorandum of Points and Authorities; Dec. of Robert M. Dato filed by defendants Adam Garcia, Jamie McGuire. Motion set for hearing on 4/13/2015 at 01:30 PM before Judge Stephen V. Wilson. (Attorney Robert M Dato added to party Jamie McGuire(pty:dft))(Dato, Robert) |
| Filing 62 AFFIDAVIT by affiant: Greg Pari re MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Plaintiff's Complaint Pursuant to Rules 12(b)(2) and 12(b)(6); Supporting Memorandum of Points and Authorities; Dec. of Robert M. Dato (Filed concurrently with affidavits of Kenneth #60 filed by Defendant Greg Pari (Dato, Robert) |
| Filing 61 AFFIDAVIT by affiant: Kenneth Hunter re MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Plaintiff's Complaint Pursuant to Rules 12(b)(2) and 12(b)(6); Supporting Memorandum of Points and Authorities; Dec. of Robert M. Dato (Filed concurrently with affidavits of Kenneth #60 filed by Defendant Kenneth Hunter (Dato, Robert) |
| Filing 60 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Plaintiff's Complaint Pursuant to Rules 12(b)(2) and 12(b)(6); Supporting Memorandum of Points and Authorities; Dec. of Robert M. Dato (Filed concurrently with affidavits of Kenneth Hunter and Greg Pari) filed by defendants Kenneth Hunter, Greg Pari. Motion set for hearing on 4/13/2015 at 01:30 PM before Judge Stephen V. Wilson. (Attorney Robert M Dato added to party Kenneth Hunter(pty:dft), Attorney Robert M Dato added to party Greg Pari(pty:dft))(Dato, Robert) |
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Filing 59
(IN CHAMBERS) MINUTE ORDER by Magistrate Judge Paul L. Abrams: The Court is in receipt of a "Motion to Dismiss...," filed on February 11, 2015, by defendant Geoff Dean. Plaintiff's opposition shall be filed no later than March 16, 2015. Defendants reply, if any, is due no later than April 6, 2015. The Court will take the matter under submission without oral argument as of the date defendant's reply is due. The hearing noticed for March 24, 2015, is ordered off calendar. (es)
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| Filing 58 Notice of Appearance or Withdrawal of Counsel: for attorney Sarah A Syed counsel for Defendants Adam Garcia, Kenneth Hunter, Jamie McGuire, Greg Pari. Adding Sarah A. Syed as attorney as counsel of record for Adam Garcia, Jaime McGuire (sued as Jamie McGuire), Kenneth Hunter and Greg Pari for the reason indicated in the G-123 Notice. Filed by defendants Adam Garcia, Jaime McGuire (sued as Jamie McGuire), Kenneth Hunter and Greg Pari. (Attorney Sarah A Syed added to party Adam Garcia(pty:dft), Attorney Sarah A Syed added to party Kenneth Hunter(pty:dft), Attorney Sarah A Syed added to party Jamie McGuire(pty:dft), Attorney Sarah A Syed added to party Greg Pari(pty:dft))(Syed, Sarah) |
| Filing 57 NOTICE OF ERRATA filed by Defendants Adam Garcia, Kenneth Hunter, Jamie McGuire, Greg Pari. correcting Stipulation Extending Time to Answer (30 days or less) #55 (Dato, Robert) |
| Filing 56 NOTICE OF MOTION AND MOTION to Dismiss Defendant Geoff Dean for Failure to State a Claim or for a More Definite Statement filed by Defendant Geoff Dean. Motion set for hearing on 3/24/2015 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Declaration Jeffrey Held, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Attorney Jeffrey Held added to party Geoff Dean(pty:dft))(Held, Jeffrey) |
| Filing 55 STIPULATION Extending Time to Answer the complaint as to Adam Garcia answer now due 3/3/2015, filed by Defendants Adam Garcia.(Attorney Robert M Dato added to party Adam Garcia(pty:dft))(Dato, Robert) |
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Filing 54
MINUTE ORDER IN CHAMBERS by Magistrate Judge Paul L. Abrams. The Court is in receipt of a "Motion to Dismiss," #53 filed on February 5, 2015, by defendants Harvey Whittemore, Annette Whittemore, Michael Hillerby, Vincent Lombardi, Carli W. Kinne, UNEVX, Inc., and Whittemore-Peterson Institute. Plaintiff's opposition shall be filed NO LATER THAN MARCH 9, 2015. Defendants' reply, if any, is due NO LATER THAN MARCH 30, 2015. The Court will take the matter under submission without oral argument as of the date defendants' reply is due. Plaintiff is advised that failure to oppose a motion to dismiss maybe construed as consent to the granting of the motion, and may result in dismissal of the action as to the above listed defendants. Local Rule 7-12.The hearing noticed for May 4, 2015, which was incorrectly set before Judge Wilson, is ORDERED OFF CALENDAR. (ch)
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| Filing 53 NOTICE OF MOTION re MOTION to Dismiss Case #52 filed by Defendants Michael Hillerby, Carli West Kinne, Vincent Lombardi, UNEVX Inc., Annette F. Whittemore, F. Harvey Whittemore, Whittemore-Peterson Institute. Motion set for hearing on 5/4/2015 at 01:30 PM before Judge Stephen V. Wilson. (Hagen, Brian) Modified on 2/19/2015 (ch). |
| Filing 52 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Michael Hillerby, Carli West Kinne, Vincent Lombardi, UNEVX Inc., Annette F. Whittemore, F. Harvey Whittemore, Whittemore-Peterson Institute. (Attorney Brian Warner Hagen added to party Michael Hillerby(pty:dft), Attorney Brian Warner Hagen added to party Carli West Kinne(pty:dft), Attorney Brian Warner Hagen added to party Vincent Lombardi(pty:dft), Attorney Brian Warner Hagen added to party UNEVX Inc.(pty:dft), Attorney Brian Warner Hagen added to party Annette F. Whittemore(pty:dft), Attorney Brian Warner Hagen added to party F. Harvey Whittemore(pty:dft), Attorney Brian Warner Hagen added to party Whittemore-Peterson Institute(pty:dft))(Hagen, Brian) |
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Filing 51
(IN CHAMBERS) MINUTE ORDER by Magistrate Judge Paul L. Abrams: The Court is in receipt of defendant Richard Gammicks Motion to Dismiss, filed on February 3, 2015. Plaintiffs opposition shall be filed no later than March 6, 2015. Defendants reply, if any, is due no later than March 27, 2015. The Court will take the matter under submission without oral argument as of the date defendants reply is due. Plaintiff is advised that failure to oppose a motion to dismiss may be construed as consent to the granting of the motion, and may result in dismissal of the action as to defendant Gammick. Local Rule 7-12. The hearing noticed for May 4, 2015, which was incorrectly set before Judge Wilson, is ordered off calendar. (es)
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| Filing 50 DECLARATION of Mary Kandaras in support of MOTION to Dismiss Case #48 filed by Defendant Richard Gammick. (Kandaras, Mary) |
| Filing 49 NOTICE OF MOTION re MOTION to Dismiss Case #48 filed by Defendant Richard Gammick. Motion set for hearing on 5/4/2015 at 01:30 PM before Judge Stephen V. Wilson. (Kandaras, Mary) |
| Filing 48 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Richard Gammick. Motion set for hearing on 5/4/2015 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Attorney Mary Margaret Kandaras added to party Richard Gammick(pty:dft))(Kandaras, Mary) |
| Filing 47 PROOF OF SERVICE filed by plaintiff Judy Anne Mikovits, re Notice of Reference to US Magistrate Judge (CV-25) #3 , Order, #4 , Complaint - (Referred), #1 , Summons Issued #5 served on 1/21/15. (es) |
| Filing 46 DECLARATION OF DILIGENCE re Service of Summons and Complaint Returned Executed (21 days), #45 filed by Plaintiff Judy Anne Mikovits. (es) |
| Filing 45 PROOF OF SERVICE Executed by Plaintiff Judy Anne Mikovits, upon Defendant Vincent Lombardi served on 1/20/2015, answer due 2/10/2015. Service of the Summons and Complaint were executed upon Kellen Monicker, Manager in Charge in compliance with statute not specified by substituted service by leaving the copies with or in the presence of Kellen Monicker at least 18 years of age apparently in charge at the office or usual place of business of the person served. Original Summons NOT returned. (es) |
| Filing 44 PROOF OF SERVICE filed by plaintiff Judy Anne Mikovits, re Notice of Reference to US Magistrate Judge (CV-25) #3 , Order,, #4 , Complaint - (Referred),, #1 , Summons Issued #5 upon Greg Pari served on 1/20/15. (es) |
| Filing 43 PROOF OF SERVICE filed by plaintiff Judy Anne Mikovits, re Notice of Reference to US Magistrate Judge (CV-25) #3 , Order, #4 , Complaint - (Referred), #1 Summons Issued #5 served on 1/23/15. (es) |
| Filing 42 DECLARATION OF DILIGENCE re Service of Summons and Complaint Returned Executed (21 days), #41 filed by Plaintiff Judy Anne Mikovits. (es) |
| Filing 41 PROOF OF SERVICE Executed by Plaintiff Judy Anne Mikovits, upon Defendant Kenneth Hunter served on 1/22/2015, answer due 2/12/2015. Service of the Summons and Complaint were executed upon Sally Dupre, Administrative Assistant/ UNR Applied Research Facility in compliance with statute not specified by substituted service by leaving the copies with or in the presence of Sally Dupre at least 18 years of age apparently in charge at the office or usual place of business of the person served. Original Summons NOT returned. (es) |
| Filing 40 UNREDACTED PROOF OF SERVICE of Summons and Complaint Returned Executed (21 days), #39 filed by Plaintiff Judy Anne Mikovits (es) |
| Filing 39 REDACTED PROOF OF SERVICE Executed by Plaintiff Judy Anne Mikovits, upon Defendant Michael Hillerby served on 1/14/2015, answer due 2/4/2015. Service of the Summons and Complaint were executed upon Carrie Hillerby, Wife in compliance with statute not specified by substituted service by leaving the copies with or in the presence of Carrie Hillerby a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the person served. Original Summons NOT returned. (es) |
| Filing 38 UNREDACTED PROOF OF SERVICE filed by Plaintiff Judy Anne Mikovits re: Proof of Service (subsequent documents) #37 (es) (Main Document 38 replaced on 1/28/2015) (es). |
| Filing 37 REDACTED PROOF OF SERVICE filed by plaintiff Judy Anne Mikovits, re Notice of Reference to US Magistrate Judge (CV-25) #3 , Order, #4 , Complaint - (Referred), #1 , Summons Issued #5 served on 1/14/15. (es) |
| Filing 36 PROOF OF SERVICE filed by plaintiff Judy Anne Mikovits, re Notice of Reference to US Magistrate Judge (CV-25) #3 , Order, #4 , Complaint - (Referred), #1 , Summons Issued #5 served on 1/21/15. (es) |
| Filing 35 DECLARATION OF DILIGENCE re Service of Summons and Complaint Returned Executed (21 days), #34 filed by Plaintiff Judy Anne Mikovits. (es) |
| Filing 34 PROOF OF SERVICE Executed by Plaintiff Judy Anne Mikovits, upon Defendant UNEVX Inc., Annette F. Whittemore President served on 1/20/2015, answer due 2/10/2015. Service of the Summons and Complaint were executed upon Kellen Monicker, Manager in Charge in compliance with statute not specified by substituted service - by leaving the copies with or in the presence of Kellen Monicker a person at least 18 years of age apparently In charge at the office or usual place of business of the person served. Original Summons NOT returned. (es) |
| Filing 33 PROOF OF SERVICE filed by plaintiff Judy Anne Mikovits, re Notice of Reference to US Magistrate Judge (CV-25) #3 , Order, #4 , Complaint - (Referred), #1 , Summons Issued #5 served on 1/21/15. (es) |
| Filing 32 DECLARATION OF DILIGENCE re Service of Summons and Complaint Returned Executed (21 days), #31 filed by Plaintiff Judy Anne Mikovits. (es) |
| Filing 31 PROOF OF SERVICE Executed by Plaintiff Judy Anne Mikovits, upon Defendant Whittemore-Peterson Institute served on 1/20/2015, answer due 2/10/2015. Service of the Summons and Complaint were executed upon Kellen Monicker, Manager in Charge in compliance with statute not specified by substituted service - by leaving the copies with or in the presence of Kellen Monicher a person at least 18 years of age apparently In charge at the office or usual place of business of the person served. Original Summons NOT returned. (es) |
| Filing 30 PROOF OF SERVICE filed by plaintiff Judy Anne Mikovits, re Notice of Reference to US Magistrate Judge (CV-25) #3 , Order, #4 , Complaint - (Referred), #1 , Summons Issued #5 served on 1/21/15. (es) |
| Filing 29 DECLARATION OF DILIGENCE re Service of Summons and Complaint Returned Executed (21 days), #28 filed by Plaintiff Judy Anne Mikovits. (es) |
| Filing 28 PROOF OF SERVICE Executed by Plaintiff Judy Anne Mikovits, upon Defendant Carli West Kinne served on 1/20/2015, answer due 2/10/2015. Service of the Summons and Complaint were executed upon Kellen Monicker, Manager in Charge in compliance with statute not specified by substituted service - by leaving the copies with or in the presence of Kellen Monicker a person at least 18 years of age apparently In charge at the office or usual place of business of the person served. Original Summons NOT returned. (es) |
| Filing 27 PROOF OF SERVICE filed by plaintiff Judy Anne Mikovits, re Notice of Reference to US Magistrate Judge (CV-25) #3 , Order, #4 , Complaint - (Referred), #1 , Summons Issued #5 served on 1/21/15. (es) |
| Filing 26 DECLARATION OF DILIGENCE re Service of Summons and Complaint Returned Executed (21 days), #25 filed by Plaintiff Judy Anne Mikovits. (es) |
| Filing 25 PROOF OF SERVICE Executed by Plaintiff Judy Anne Mikovits, upon Defendant Annette F. Whittemore served on 1/20/2015, answer due 2/10/2015. Service of the Summons and Complaint were executed upon Kellen Monicker, Manager in Charge in compliance with statute not specified by substituted service - by leaving the copies with or in the presence of Kellen Monicker a person at least 18 years of age apparently In charge at the office or usual place of business of the person served. Original Summons NOT returned. (es) |
| Filing 24 UNREDACTED NON SERVICE REPORT #23 filed by Plaintiff Judy Anne Mikovits re: Proof of Service (subsequent documents)(es) |
| Filing 23 REDACTED NON SERVICE REPORT filed by plaintiff Judy Anne Mikovits, re Notice of Reference to US Magistrate Judge (CV-25) #3 , Order, #4 , Complaint - (Referred), #1 , Summons Issued #5 Upon F. Harvey Whittemore (es) |
| Filing 22 PROOF OF SERVICE filed by plaintiff Judy Anne Mikovits, re Notice of Reference to US Magistrate Judge (CV-25) #3 , Order, #4 , Complaint - (Referred), #1 , Summons Issued #5 served on 1/23/15. (es) |
| Filing 21 DECLARATION OF DILIGENCE re Service of Summons and Complaint Returned Executed (21 days), #20 filed by Plaintiff Judy Anne Mikovits. (es) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Judy Anne Mikovits, upon Defendant Steve De Cesari, Unidentified Officer #2Service of the Summons and Complaint were executed upon Terry Edejer, Sheriff's Dept H.R. Administrator in compliance with statute not specified by substituted service - by leaving the copies with or in the presence of Terry Edejer by a person at least 18 years of age apparently In charge at the office or usual place of business of the person served. Original Summons NOT returned. (es) |
| Filing 19 PROOF OF SERVICE filed by plaintiff Judy Anne Mikovits, re Notice of Reference to US Magistrate Judge (CV-25) #3 , Order, #4 , Complaint - (Referred), #1 , Summons Issued #5 served on 1/23/15. (es) |
| Filing 18 DECLARATION OF DILIGENCE re Service of Summons and Complaint Returned Executed (21 days), #17 filed by Plaintiff Judy Anne Mikovits. (es) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Judy Anne Mikovits, upon Defendant Gary Pentis, Unidentified Officer #1 Ventura County Deputy Sherriffs served on 1/23/2015, answer due 2/13/2015. Service of the Summons and Complaint were executed upon Terry Edejer, Sheriff's dept H.R. Administrator in compliance with statute not specified by substituted service - by leaving the copies with or in the presence of Terry Edejer a person at least 18 years of age apparently In charge at the office or usual place of business of the person served. Original Summons NOT returned. (es) |
| Filing 16 PROOF OF SERVICE filed by plaintiff Judy Anne Mikovits, re Notice of Reference to US Magistrate Judge (CV-25) #3 , Order, #4 , Complaint - (Referred),, #1 , Summons Issued #5 served on 1/23/15. (es) |
| Filing 15 DECLARATION OF DILIGENCE re Service of Summons and Complaint Returned Executed (21 days), #14 filed by Plaintiff Judy Anne Mikovits. (es) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Judy Anne Mikovits, upon Defendant Geoff Dean served on 1/23/2015, answer due 2/13/2015. Service of the Summons and Complaint were executed upon Terry Edejer, Sheriff's Dept H.R. Administrator in compliance with statute not specified by substituted service - by leaving the copies with or in the presence of Terry Edejer a person at least 18 years of age apparently In charge at the office or usual place of business of the person served. Original Summons NOT returned. (es) |
| Filing 13 UNREDACTED PROOF OF SERVICE #12 filed by Plaintiff Judy Anne Mikovits (es) |
| Filing 12 REDACTED PROOF OF SERVICE filed by plaintiff Judy Anne Mikovits, re Notice of Reference to US Magistrate Judge (CV-25) #3 , Order, #4 , Complaint - (Referred), #1 upon Richard Gammick served on 1/13/15. (es |
| Filing 11 DECLARATION OF DILIGENCE re Service of Summons and Complaint Returned Executed (21 days), #9 filed by Plaintiff Judy Anne Mikovits. (es) |
| Filing 10 PROOF OF SERVICE filed by plaintiff Judy Anne Mikovits, re Notice of Reference to US Magistrate Judge (CV-25) 3 , Order, 4 , Complaint - (Referred),, 1 , Summons Issued 5 served on 1/23/15. Modified on 1/28/2015 (es). |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Judy Anne Mikovits, upon Defendant Jamie McGuire served on 1/22/2015, answer due 2/12/2015. Service of the Summons and Complaint were executed upon Derlean Mosey, Administrative Assistant in compliance with statute not specified by substituted service - by leaving the copies with or in the presence of Derlean Mosey a person at least 18 years of age apparently In charge at the office or usual place of business of the person served. Original Summons NOT returned. (es) |
| Filing 8 PROOF OF SERVICE filed by plaintiff Judy Anne Mikovits, re Notice of Reference to US Magistrate Judge (CV-25) #3 , Order, #4 , Complaint - (Referred),, #1 , Summons Issued #5 served on 1/23/15. (es) |
| Filing 7 DECLARATION OF DILIGENCE re Service of Summons and Complaint Returned Executed (21 days) #6 filed by Plaintiff Judy Anne Mikovits. (es) |
| Filing 6 PROOF OF SERVICE Executed by Plaintiff Judy Anne Mikovits, upon Defendant Adam Garcia served on 1/21/2015, answer due 2/11/2015. Service of the Summons and Complaint were executed upon Derlean Mosey, Administrative Assistant in compliance with statute not specified by Substituted service by leaving the copies with or in presence of Derlean Mosey a person at least 18 years of age apparently in charge of the office or usual place of business of the person served. Original Summons NOT returned. (es) |
| Filing 5 21 DAY Summons Issued re Complaint #1 as to All Defendants. (ch) |
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Filing 4
ORDER RE: CIVIL RIGHTS CASE by Magistrate Judge Paul L. Abrams. This case has been referred to Magistrate Judge Paul L. Abrams for pre-trial proceedings. All future pleadings shall be addressed to Christianna Howard, Clerk to Magistrate Judge Abrams, United States Courthouse, 312 North Spring Street, Los Angeles, California 90012. Plaintiff shall file two (2) copies of the proof of service showing compliance with this order within sixty (60) days of filing the complaint, i.e., NO LATER THAN JANUARY 26, 2015. **See Order for details.** (ch)
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| Filing 3 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and referred to Magistrate Judge Paul L. Abrams. (ghap) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Judy Anne Mikovits. (ghap) |
| Filing 1 COMPLAINT filed against Defendants Geoff Dean, Richard Gammick, Adam Garcia, Michael Hillerby, Kenneth Hunter, Carli West Kinne, Vincent Lombardi, Jamie McGuire, Greg Pari, Three Unidentified Ventura County Deputy Sherriffs, UNEVX Inc., Annette F. Whittemore, F. Harvey Whittemore, Whittemore-Peterson Institute Case assigned to Judge Stephen V. Wilson and referred to Magistrate Judge Paul L Abrams.(Filing fee$400:PAID), filed by plaintiff Judy Anne Mikovits. (NO SUMMONS ISSUED ON 11/17/2014) (ghap) |
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