Maurice D. Kiely v. Universal Music Group
Plaintiff: Maurice D. Kiely
Defendant: Universal Music Group
Case Number: 2:2019cv04826
Filed: June 3, 2019
Court: US District Court for the Central District of California
Presiding Judge: Michael W Fitzgerald
Referring Judge: Suzanne H Segal
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 13, 2020 Filing 49 Mail Returned addressed to Maurice D. Kiely re Order on Motion to Dismiss #48 . (iv)
March 5, 2020 Opinion or Order Filing 48 MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANT UNIVERSAL MUSIC GROUP'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT #46 by Judge Michael W. Fitzgerald. The Motion is GRANTED without leave to amend. The action is DISMISSED with prejudice. (MD JS-6. Case Terminated) (iv)
February 20, 2020 Filing 47 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. COURT ORDER TAKING MOTION TO DISMISS SECOND AMENDED COMPLAINT #46 OFF CALENDAR AND UNDER SUBMISSION. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for submission on the papers without oral argument. Accordingly, the motion hearing set for February 24, 2020, is vacated and taken off calendar. The Court will issue a separate order with its ruling.IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
January 20, 2020 Filing 46 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Universal Music Group. Motion set for hearing on 2/24/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order, #2 Declaration of Simona Weil, #3 Proof of Service) (Weil, Simona)
January 6, 2020 Filing 45 PROOF OF SERVICE filed by Plaintiff Maurice D. Kiely, re Amended Complaint #44 served on 1/6/2020. (iv)
January 6, 2020 Filing 44 SECOND AMENDED COMPLAINT against Defendant Universal Music Group amending Amended Complaint #19 filed by Plaintiff Maurice D. Kiely.(iv)
December 12, 2019 Opinion or Order Filing 43 MINUTES (IN CHAMBERS) ORDER RE: MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT AND STAY DISCOVERY #23 AND REQUEST FOR RULING #42 by Judge Michael W. Fitzgerald. The Court GRANTS the Motion to Dismiss with leave to amend. The Court also DENIES Defendant's Motion to Stay Discovery and Plaintiff's Request for Ruling as moot. If Plaintiff chooses to amend his pleadings, solely in order to allege thatequitable tolling and an exception to the registration requirement applies here, Plaintiffs Second Amended Complaint is due on or before January 6, 2020. If Plaintiff files a Second Amended Complaint, Defendant shall file a response by January 20, 2020. (iv)
October 29, 2019 Filing 42 REQUEST FOR RULING REJECTING THE DEFENDANT'S MOTION TO DISMISS WITH PREJUDICE PLAINTIFF'S CLAIM filed by Plaintiff Maurice D. Kiely. (iv)
September 25, 2019 Opinion or Order Filing 41 ORDER by Judge Terry J. Hatter, Jr:Plaintiff's assertions unsupported by the record and insufficient to establish impartiality, bias, or prejudice. IT IS ORDERED that Plaintiff's motion to disqualify #37 be, and hereby is, DENIED.. (yl)
September 25, 2019 Opinion or Order Filing 40 MINUTES (IN CHAMBERS) COURT ORDER TAKING HEARING ON MOTION TO DISMISS FIRST AMENDED COMPLAINT AND STAY DISCOVERY #23 OFF CALENDAR AND UNDER SUBMISSION by Judge Michael W. Fitzgerald. The Court finds that this matter is appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for September 30, 2019, is vacated and taken off calendar. An order will issue. (iv)
September 24, 2019 Filing 39 REFERRAL OF MOTION to Disqualify Judge Michael W. Fitzgerald has been filed. Pursuant to GO 19-03 and Local Rule 72-5 NOTICE OF MOTION AND MOTION for Recusal #37 is referred to Judge Terry J. Hatter, Jr for determination. (esa)
September 23, 2019 Filing 38 PROOF OF SERVICE filed by Plaintiff Maurice D. Kiely, re Request for Recusal #37 served on 9/23/2019. (iv)
September 23, 2019 Filing 37 PLAINTIFF'S REQUEST JUDGE MICHAEL W. FITZGERALD RECUSE HIMSELF FROM ANY INVOLVEMENT IN THIS CASE filed by Plaintiff Maurice D. Kiely. (iv)
September 16, 2019 Filing 36 PROOF OF SERVICE filed by Defendant Universal Music Group, re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint and Stay Discovery; Memorandum of Points and Authorities in Support Thereof #23 served on August 5, 2019. (Attachments: #1 Proof of Service by Mail)(Weil, Simona)
September 16, 2019 Filing 35 PROOF OF SERVICE filed by Defendant Universal Music Group, re Reply (Motion related), #34 served on September 16, 2019. (Weil, Simona)
September 16, 2019 Filing 34 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint and Stay Discovery; Memorandum of Points and Authorities in Support Thereof #23 // Defendant UMG Recording Inc.'s Reply in Support of its Motion to Dismiss Plaintiff's First Amended Complaint and Stay Discovery filed by Defendant Universal Music Group. (Weil, Simona)
September 10, 2019 Opinion or Order Filing 33 ORDER DENYING REQUEST FOR SERVICE BY US MARSHAL PURSUANT TO FED. R. CIV. P.4 C (3) AND 28 U.S.C. 1915 (D) #28 by Judge Michael W. Fitzgerald. DENIED BY ORDER OF THE COURT. (iv)
September 9, 2019 Filing 32 PROOF OF SERVICE filed by Defendant Universal Music Group, re Objection/Opposition (Motion related), #31 served on September 9, 2019. (Weil, Simona)
September 9, 2019 Filing 31 OPPOSITION re: REQUEST for Order #28 Defendant UMG Recordings, Inc.'s Opposition to Plaintiff's Request for Service by U.S. Marshall Pursuant to FED. R. CIV PROC. 4(C)(3) and 28 U.S.C. 1915(D) filed by Defendant Universal Music Group. (Weil, Simona)
September 5, 2019 Filing 30 PROOF OF SERVICE filed by Plaintiff Maurice D. Kiely, Request #28 , Declaration #29 served on 5/9/2019. (iv)
September 5, 2019 Filing 29 DECLARATION IN SUPPORT OF PLAINTIFF'S REQUEST FOR SERVICE BY MARSHAL PURSUANT TO FED. R CIV. P. 4(C) (3) AND 28 U.S.C. 1915 (d) filed by Plaintiff Maurice D. Kiely. (iv)
September 5, 2019 Filing 28 REQUEST FOR SERVICE BY US MARSHAL PURSUANT TO FED. R. CIV. P.4 C (3) AND 28 U.S.C. 1915 (D) filed by Plaintiff Maurice D. Kiely. (Attachments: #1 Proposed Order) (iv)
August 20, 2019 Opinion or Order Filing 27 MINUTES (IN CHAMBERS) ORDER DENYING REQUEST FOR SERVICE BY MARSHAL PURSUANT TO FED. R. CIV. P. 4(c)(3) AND 28 U.S.C. 1915(d) #26 by Judge Michael W. Fitzgerald. Plaintiff's Request is DENIED. (iv)
August 16, 2019 Filing 26 REQUEST FOR SERVICE BY MARSHAL PURSUANT TO FED.R.CIV.P.4(c)(3) AND 28 U.S.C. 1915(d) filed by Plaintiff Maurice D. Kiely. (Attachments: #1 Proposed Order) (iv)
August 9, 2019 Filing 25 PROOF OF SERVICE Filed by Maurice D. Kiely, re Opposition #24 served on 8/9/2019. (iv)
August 9, 2019 Filing 24 OPPOSITION OF PLAINTIFF MAURICE D. KIELY TO DEFENDANT'S MOTION TO DISMISS HIS AMENDED COMPLAINT AND TO STAY DISCOVERY re: Motion to Dismiss #23 filed by Plaintiff Maurice D. Kiely. (iv)
July 31, 2019 Filing 23 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint and Stay Discovery; Memorandum of Points and Authorities in Support Thereof filed by Defendant Universal Music Group. Motion set for hearing on 9/30/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Simona Weil in Support of Defendant UMG Recordings, Inc's Motion to Dismiss First Amended Complaint and Stay Discovery, #2 Proposed Order Granting Motion to Dismiss First Amended Complaint and Stay Discovery) (Weil, Simona)
July 22, 2019 Opinion or Order Filing 22 MINUTES (In Chambers): ORDER DENYING AS MOOT MOTION TO DISMISS #13 by Judge Michael W. Fitzgerald. Accordingly, the Motion is DENIED as moot and the hearing set for August 5, 2019, is VACATED. (lom)
July 22, 2019 Filing 21 REPLY in Further Support of NOTICE OF MOTION AND MOTION to Dismiss Case #13 filed by Defendant Universal Music Group. (Weil, Simona)
July 17, 2019 Filing 20 PROOF OF SERVICE BY EMAIL filed by Plaintiff Maurice D. Kiely, re Opposition #18 , Amended Complaint #19 served on 7/17/2019. (iv)
July 17, 2019 Filing 19 FIRST AMENDED COMPLAINT against Defendant Universal Music Group amending Complaint - (Discovery), #1 filed by Plaintiff Maurice D. Kiely. (iv)
July 17, 2019 Filing 18 PLAINTIFF'S OPPOSITION TO DEFENDANT UMG RECORDINGS MOTION TO DISMISS WITH PREJUDICE re: Motion to Dismiss Case #13 filed by Plaintiff Maurice D. Kiely. (iv)
July 15, 2019 Filing 17 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Case #13 (Attachments: #1 Proposed Order)(Crawshaw-Sparks, Sandra)
July 12, 2019 Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss Case #13 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv)
July 10, 2019 Filing 15 PROOF OF SERVICE filed by Defendant Universal Music Group, served on 7/9/2019. (Weil, Simona)
July 10, 2019 Filing 14 PROOF OF SERVICE filed by Defendant Universal Music Group, served on 7/9/2019. (Weil, Simona)
July 8, 2019 Filing 13 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Universal Music Group. Motion set for hearing on 8/5/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration, #2 Declaration) (Weil, Simona)
July 8, 2019 Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Sandra A Crawshaw-Sparks counsel for Defendant Universal Music Group. Adding Sandra A. Crawshaw-Sparks as counsel of record for UMG Recordings, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant UMG Recordings, Inc.. (Attorney Sandra A Crawshaw-Sparks added to party Universal Music Group(pty:dft))(Crawshaw-Sparks, Sandra)
July 8, 2019 Filing 11 Certification and Notice of Interested Parties of Interested Parties filed by Defendant Universal Music Group, identifying UMG Recordings, Inc.. (Weil, Simona)
July 8, 2019 Filing 10 Notice of Appearance or Withdrawal of Counsel: for attorney Simona Weil counsel for Defendant Universal Music Group. Adding Simona Weil as counsel of record for UMG Recordings, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant UMG Recordings, Inc.. (Attorney Simona Weil added to party Universal Music Group(pty:dft))(Weil, Simona)
June 24, 2019 Opinion or Order Filing 8 SELF-REPRESENTATION ORDER by Judge Michael W. Fitzgerald. (lom)
June 21, 2019 Filing 9 PROOF OF SERVICE Executed by Plaintiff Maurice D. Kiely, upon Defendant Universal Music Group served on 6/17/2019, answer due 7/8/2019. Service of the Summons and Complaint were executed upon Universal Music Group in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (iv)
June 6, 2019 Filing 7 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Universal Music Group. (hr)
June 6, 2019 Opinion or Order Filing 6 ORDER by Magistrate Judge Suzanne H. Segal: granting #3 REQUEST to Proceed in Forma Pauperis with Declaration in Support (CV-60). (hr)
June 3, 2019 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
June 3, 2019 Filing 4 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Suzanne H. Segal. (car)
June 3, 2019 Filing 3 REQUEST to Proceed In Forma Pauperis with Declaration in Support filed by plaintiff Maurice D. Kiely. (car)
June 3, 2019 Filing 2 CERTIFICATE of Interested Parties filed by Plaintiff Maurice D. Kiely (car)
June 3, 2019 Filing 1 COMPLAINT against Defendant Universal Music Group.Case assigned to Judge Michael W. Fitzgerald for all further proceedings. Discovery referred to Magistrate Judge Suzanne H. Segal. Jury Demanded filed by plaintiff Maurice D. Kiely. (Attachments: #1 Civil Cover Sheet) (car) (Additional attachment(s) added on 6/5/2019: #2 Summons) (car).

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Defendant: Universal Music Group
Represented By: Simona Weil
Represented By: Sandra A Crawshaw-Sparks
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Plaintiff: Maurice D. Kiely
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