David Dadon v. Jennie Stabile et al
| David Dadon |
| Does 1 to 5, inclusive and Jennie Stabile |
| 2:2019cv00107 |
| January 7, 2019 |
| US District Court for the Central District of California |
| Dean D Pregerson |
| Alicia G Rosenberg |
| John F Walter |
| Civil Rights: Accommodations |
| 42 U.S.C. § 405 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 4, 2019. A more recent docket listing may be available from PACER.
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Filing 37
ORDER OF DISMISSAL by Judge John F. Walter. Plaintiff again failed to file a First Amended Complaint or any other document or request an extension of time to do so. The Court has received no further communication from Plaintiff. Accordingly, IT IS ORDERED that this action is dismissed. Case Terminated. Made JS-6. (iv)
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Filing 36
MINUTE (IN CHAMBERS) ORDER RE: THE COURT SUA SPONTE EXTENDS THE TIME FOR PLAINTIFF TO COMPLY WITH THE DISTRICT COURT'S JULY 22, 2019 ORDER #35 by Magistrate Judge Alicia G. Rosenberg. If Plaintiff wishes to proceed with this action, he must file a FAC on or before October 14, 2019. The Clerk is DIRECTED to provide Plaintiff with a blank civil rights complaint form. Plaintiff is advised that his failure to timely comply with this order may result in the dismissal of his case. (See Order for Further Details) (Attachments: #1 Blank Complaint Form) (kl)
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Filing 35
ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Magistrate Judge Alicia G. Rosenberg for First NOTICE OF MOTION AND MOTION to Dismiss Case Complaint #15 , NOTICE OF MOTION AND MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37) #17 , NOTICE OF MOTION AND MOTION to Strike #20 , REQUEST for Default Judgment against Defendant Jennie Stabile #22 , Report and Recommendation (Issued) #33 . IT IS ORDERED as follows: (1) Defendant's motion to set aside the entry of default is granted. (Dkt. No. 17); (2) Plaintiff's motion for entry of default judgment is denied. (Dkt. No. 22); (3) Plaintiff's motion to strike Defendant's motion to dismiss is denied. (Dkt. No. 20); (4) Defendant's motion to dismiss under Fed. R. Civ. P. 12(b)(6) is granted and her motion under Fed. R. Civ. P. 12(b)(1) is denied. (Dkt. No. 15); and (5) Plaintiff is granted leave to file a First Amended Complaint within 30 days after entry of this order. (see document for further details) (Attachments: #1 Blank Civil Rights Complaint Form) (hr)
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| Filing 34 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Alicia G. Rosenberg. Objections to R&R due by 7/10/2019. (See Attachment for Further Details) (Attachments: #1 Report and Recommendation) (kl) |
| Filing 33 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE issued by Magistrate Judge Alicia G. Rosenberg. For the reasons discussed above, it is recommended that the District Judge issue an order (1) accepting this Report's findings and recommendation; (2) granting Defendant's motion to set aside the entry of default (Dkt. No. #17 ); (3) denying Plaintiff's motion for entry of default judgment (Dkt. No. #22 ); (4) denying Plaintiff's motion to strike Defendant's motion to dismiss (Dkt. No. #20 ); (5) granting Defendant's motion to dismiss under Fed. R. Civ. P. 12(b)(6) and denying her motion under Fed. R. Civ. P. 12(b)(1) (Dkt. No. #15 ); and (6) granting Plaintiff leave to file a First Amended Complaint within 30 days after the district court's order. (See Attachment for Further Details) (kl) |
| Filing 32 MINUTES (IN CHAMBERS): PLAINTIFF'S REQUEST FOR EXTENSION OF TIME by Magistrate Judge Alicia G. Rosenberg. IT IS HEREBY ORDERED that Plaintiff's request for an extension of time to file a reply #31 is DENIED. Plaintiff already filed a reply. The matter is appropriate for adjudication without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Plaintiff's motion for default judgment is under submission. (see document for further details) (hr) |
| Filing 31 PLAINTIFF DAVID DADON'S APPLICATION FOR ORDER GRANTING AN EXTENSION TO FILE REPLY TO DEFENDANT'S OPPOSITION RE: MOTION FOR DEFAULT JUDGMENT AND REQUEST FOR HEARING filed by Plaintiff David Dadon. (kl) |
| Filing 30 REPLY to Defendant Jennie Stabile's OPPOSITION to Plaintiff's Motion for Default Judgment #22 filed by Plaintiff David Dadon. (hr) |
| Filing 29 REPLY to Defendant Jennie Stabile's OPPOSITION to Plaintiff's Motion to Strike Defendant Jennie Stabile's Belatedly Filed Motion to Dismiss #20 filed by Plaintiff David Dadon. (hr) |
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Filing 28
MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFF'S REQUEST FOR EXTENSION OF TIME by Magistrate Judge Alicia G. Rosenberg. IT IS HEREBY ORDERED that Plaintiff's request, Dkt. No. #27 , is GRANTED IN PART. Plaintiff's reply brief to Defendant's opposition to motion for default judgment is due on or before April 25, 2019. Plaintiff's request for hearing is DENIED WITHOUT PREJUDICE. (See Order for Further Details) (kl)
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| Filing 27 PLAINTIFF DAVID DADON'S APPLICATION FOR ORDER GRANTING AN EXTENSION TO FILE REPLY TO DEFENDANT'S OPPOSITION RE: MOTION FOR DEFAULT JUDGMENT AND REQUEST FOR HEARING; AND SUPPORTING DECLARATION filed by Plaintiff David Dadon. (Attachments: #1 Lodged Proposed Order) (kl) |
| Filing 26 Defendant Jennie Stabile's Opposition to Plaintiff David Dadon's Motion for Default Judgment Opposition re: REQUEST for Default Judgment against Defendant Jennie Stabile #22 filed by Defendant Jennie Stabile. (Kahn, Robert) |
| Filing 25 REPLY support First NOTICE OF MOTION AND MOTION to Dismiss Case Complaint #15 filed by Defendant Jennie Stabile. (Kahn, Robert) |
| Filing 24 OPPOSITION opposition re: NOTICE OF MOTION AND MOTION to Strike #20 filed by Defendant Jennie Stabile. (Attachments: #1 Declaration Declaration in Support of Defendant's Opposition to Plaintiff's Motion to Strike)(Kahn, Robert) |
| Filing 23 MINUTE (IN CHAMBERS): BRIEFING SCHEDULE by Magistrate Judge Alicia G. Rosenberg re: REQUEST for Default Judgment #22 . IT IS HEREBY ORDERED that: 1. Defendant shall file an opposition on or before April 9, 2019. 2. Plaintiff may file a reply within 14 days of service of the opposition. 3. Unless otherwise ordered, the court will take the motion under submission without oral argument as of the date the reply is due. (hr) |
| Filing 22 REQUEST for Default Judgment against Defendant Jennie Stabile filed by Plaintiff David Dadon. (Attachments: #1 Lodged Proposed Order) (hr) |
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Filing 21
MINUTE (IN CHAMBERS) ORDER RE: BRIEFING SCHEDULE by Magistrate Judge Alicia G. Rosenberg. On March 18, 2019, Defendant filed a motion to set aside default. (Dkt. No. #17 .) IT IS HEREBY ORDERED that: 1. Plaintiff shall file an opposition on or before April 3, 2019. 2. Defendant may file a reply within 14 days of service of the opposition. 3. The hearing date of April 16, 2019 is VACATED. Unless otherwise ordered, the court will take the motion under submission without oral argument as of the date the reply is due. (kl)
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| Filing 20 PLAINTIFF DAVID DADON'S REQUEST AND MOTION TO STRIKE DEFENDANT JENNIE STABILE'S BELATEDLY FILED MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES; AND SUPPORTING DECLARATION filed by Plaintiff David Dadon. (Attachment: #1 Proposed Order) (iv). |
| Filing 19 PLAINTIFF DAVID DADON'S OPPOSITION TO DEFENDANT JENNIE STABILE'S BELATEDLY FILED MOTION TO DISMISS; and MEMORANDUM OF POINTS AND AUTHORITIES re: First NOTICE OF MOTION AND MOTION to Dismiss Case Complaint #15 filed by Plaintiff David Dadon. (iv) |
| Filing 18 PLAINTIFF DAVID DADON'S DECLARATION AS EVIDENCE re: Opposition to Motion to Dismiss filed by Plaintiff David Dadon. (iv) |
| Filing 17 NOTICE OF MOTION AND MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37) - optional html form #14 . filed by Defendant Jennie Stabile. Motion set for hearing on 4/16/2019 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Kahn, Robert) |
| Filing 16 MINUTE (IN CHAMBERS): BRIEFING SCHEDULE by Magistrate Judge Alicia G. Rosenberg re: First NOTICE OF MOTION AND MOTION to Dismiss Case #15 . IT IS HEREBY ORDERED that: 1. Plaintiff shall file an opposition on or before April 12, 2019. 2. Defendant may file a reply within 14 days of service of the opposition. 3. The hearing date of April 9, 2019 is VACATED. Unless otherwise ordered, the court will take the motion under submission without oral argument as of the date the reply is due. (hr) |
| Filing 15 First NOTICE OF MOTION AND MOTION to Dismiss Case Complaint filed by Defendant Jennie Stabile. Motion set for hearing on 4/9/2019 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attorney Robert S Kahn added to party Jennie Stabile(pty:dft)) (Kahn, Robert) |
| Filing 14 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Jennie Stabile (hr) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff David Dadon, upon Defendant Jennie Stabile served on 1/14/2019, answer due 2/4/2019. Service of the Summons and Complaint were executed upon Jennie Stabile in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (iv) |
| Filing 12 REQUEST for Clerk to Enter Default against Defendant Jennie Stabile filed by Plaintiff Jennie Stabile. (shb) |
| Filing 11 NOTICE OF CLERICAL: Upon further review, a determination has been made that this case is appropriate for review and issuance of a report and recommendation by a United States Magistrate Judge pursuant to General Order 05-07. Accordingly, all future filings must be directed to to the attention of Magistrate Judge Alicia G. Rosenberg. The case will now reflect the initials of the transferee Judge 2:19-cv-00107 JFW(AGR). (rn) |
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Filing 10
SELF-REPRESENTATION ORDER by Judge John F. Walter. One or more of the parties to this action has elected to appear pro se. Persons appearing before this Court are not required to retain the services of a lawyer or obtain the advice of counsel. (SEE ORDER FOR FURTHER DETAILS) (yl)
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Filing 9
STANDING ORDER by Judge John F. Walter,. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (SEE ORDER FOR FURTHER DETAILS) (yl)
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Filing 8
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dean D. Pregerson. ORDER case returned to the Clerk for random reassignment pursuant to General Order 16-05. Case randomly reassigned from Judge Dean D. Pregerson to Judge John F. Walter for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-00107 JFW(AGRx). (rn)
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| Filing 7 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants All Defendants. (kl) |
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Filing 6
ORDER RE REQUEST TO PROCEED IN FORMA PAUPERIS by Magistrate Judge Alicia G. Rosenberg. Granting REQUEST to Proceed in Forma Pauperis with Declaration in Support (CV-60) #3 . (kl)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Alicia G. Rosenberg. (esa) |
| Filing 3 REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by plaintiff David Dadon. (esa) |
| Filing 2 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by plaintiff David Dadon. (esa) |
| Filing 1 COMPLAINT against defendants Does 1 to 5, inclusive, Jennie Stabile.Case assigned to Judge Dean D. Pregerson for all further proceedings. Discovery referred to Magistrate Judge Alice G Rosenberg, Jury Demand, filed by plaintiff David Dadon. (Attachments: #1 CV-71, #2 Summons) (esa) |
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