Arya Toufanian v. Kyle Oreffice et al
| Arya Toufanian |
| Give Back Media, LLC, Kyle Oreffice and Does 1-10 |
| 2:2019cv07934 |
| September 12, 2019 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Suzanne H Segal |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 41
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendants' Motion to Dismiss First Amended Complaint Pursuant to FRCP 12(b)(6) #37 presently scheduled for hearing on December 4, 2020, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 40 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to FRCP 12(b)(6) #37 filed by Defendants Give Back Media, LLC, Kyle Oreffice. (Tauler, Robert) |
| Filing 39 DECLARATION of Shanen Prout in opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to FRCP 12(b)(6) #37 filed by Plaintiff Arya Toufanian. (Bitzer, Bryan) |
| Filing 38 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to FRCP 12(b)(6) #37 filed by Plaintiff Arya Toufanian. (Bitzer, Bryan) |
| Filing 37 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to FRCP 12(b)(6) filed by Defendants Give Back Media, LLC, Kyle Oreffice. Motion set for hearing on 12/4/2020 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum, #2 Request for Judicial Notice, #3 Exhibit 1 to RJN, #4 Exhibit 2 to RJN, #5 Exhibit 3 to RJN, #6 Exhibit 4 to RJN, #7 Exhibit 5 to RJN, #8 Exhibit 6 to RJN, #9 Exhibit 7 to RJN, #10 Exhibit 8 to RJN, #11 Exhibit 9 to RJN, #12 Proposed Order) (Tauler, Robert) |
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Filing 36
ORDER APPROVING JOINT STIPULATION TO THE FILING OF THE FIRST AMENDED COMPLAINT #35 by Judge Dolly M. Gee. The First Amended Complaint is deemed filed on October 15, 2020. Defendants shall respond to the First Amended Complaint by October 29, 2020. (iv)
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| Filing 35 STIPULATION to AMEND filed by Plaintiff Arya Toufanian. (Attachments: #1 Proposed Order (Proposed) Order on Stipulation to Filing First Amended Complaint)(Bitzer, Bryan) |
| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #33 . The following error(s) was/were found: Leave of court required for filing. 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. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
| Filing 33 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Arya Toufanian (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Prout, Shanen) |
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Filing 32
ORDER ON STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 8-3) by Judge Dolly M. Gee: Upon Stipulation #31 , Defendants Kyle Oreffice and Give Back Media, LLC shall have until 10/15/2020 to file their response to Plaintiff's Complaint. (gk)
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| Filing 31 STIPULATION Extending Time to Answer the complaint as to Give Back Media, LLC answer now due 10/15/2020; Kyle Oreffice answer now due 10/15/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Give Back Media, LLC; Kyle Oreffice. (Attachments: #1 Proposed Order)(Tauler, Robert) |
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Filing 30
MINUTES OF IN CHAMBERS - ORDER RE DEFENDANTS' MOTION TO STRIKE by Judge Dolly M. Gee: Defendants' anti-SLAPP Motion to Strike #25 is DENIED. Defendants shall respond to the Complaint according to Federal Rule of Civil Procedure 12 within 21 days of the date of this Order. Court Reporter: Not Reported. (gk)
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Filing 29
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendants' Motion to Strike Plaintiff's Complaint Pursuant to California Code of Civil Procedure 425.16 #25 presently scheduled for hearing on July 24, 2020, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 28 REPLY Support NOTICE OF MOTION AND MOTION to Strike Complaint #25 filed by Defendants Give Back Media, LLC, Kyle Oreffice. (Tauler, Robert) |
| Filing 27 Objections in support of opposition re: NOTICE OF MOTION AND MOTION to Strike Complaint #25 filed by Plaintiff Arya Toufanian. (Attachments: #1 Proposed Order)(Prout, Shanen) |
| Filing 26 OPPOSITION TO DEFENDANTS MOTION TO STRIKE THE COMPLAINT UNDER CAL. CODE OF CIVIL PROCEDURE 425.16 opposition re: NOTICE OF MOTION AND MOTION to Strike Complaint #25 filed by Plaintiff Arya Toufanian. (Attachments: #1 Declaration of Shanen R. Prout in support of opposition to motion to strike complaint)(Prout, Shanen) |
| Filing 25 NOTICE OF MOTION AND MOTION to Strike Complaint filed by Defendants Give Back Media, LLC, Kyle Oreffice. Motion set for hearing on 7/24/2020 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Kyle Oreffice in Support, #2 Exhibit A to Oreffice, #3 Exhibit B to Oreffice, #4 Exhibit C to Oreffice, #5 Exhibit D to Oreffice, #6 Exhibit E to Oreffice, #7 Exhibit F to Oreffice, #8 Declaration of Robert Tauler in Support, #9 Exhibit A to Tauler Dec., #10 Request for Judicial Notice, #11 Exhibit 1 to RJN, #12 Exhibit 2 to RJN, #13 Exhibit 3 to RJN, #14 Exhibit 4 to RJN, #15 Exhibit 5 to RJN, #16 Exhibit 6 to RJN, #17 Exhibit 7 to RJN, #18 Exhibit 8 to RJN, #19 Exhibit 9 to RJN, #20 Exhibit 10 to RJN, #21 Exhibit 11 to RJN, #22 Proposed Order) (Tauler, Robert) |
| Filing 24 First STIPULATION Extending Time to Answer the complaint as to Give Back Media, LLC answer now due 6/25/2020; Kyle Oreffice answer now due 6/25/2020, filed by Defendants Give Back Media, LLC; Kyle Oreffice.(Tauler, Robert) |
| Filing 23 DENIED BY ORDER of Judge Dolly M. Gee, re Stipulation for Continuance of Hearing on Defendants' Motion to Strike #21 . (gk) |
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Filing 22
MINUTES OF IN CHAMBERS - ORDER DENYING DEFENDANTS' MOTION TO STRIKE FOR FAILURE TO COMPLY WITH LOCAL RULE 7-3 by Judge Dolly M. Gee: Due to Defendants' failure to comply with Local Rule 7-3, the Court DENIES without prejudice Defendants Kyle Oreffice and Give Back Media, LLC's Motion to Strike ("MTS") #18 . The 7/10/2020 hearing on the MTS is VACATED. Court Reporter: Not Reported. (gk)
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| Filing 21 STIPULATION to Continue Hearing on Defendants' Motion to Strike from July 10, 2020 to July 24, 2020 filed by Defendants Give Back Media, LLC, Kyle Oreffice. (Attachments: #1 Proposed Order)(Tauler, Robert) |
| Filing 20 NOTICE of Interested Parties filed by Defendant Give Back Media, LLC, identifying Kyle Oreffice. (Tauler, Robert) |
| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Strike Plaintiff's Complaint Pursuant to California Code of Civil Procedure 425.16 #18 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Lacking statement re conference of counsel, pursuant to Local Rule 7-3. 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. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
| Filing 18 NOTICE OF MOTION AND MOTION to Strike Plaintiff's Complaint Pursuant to California Code of Civil Procedure 425.16 filed by Defendants Give Back Media, LLC, Kyle Oreffice. Motion set for hearing on 7/10/2020 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Robert Tauler in Support of Application, #2 Exhibit A to Tauler Dec., #3 Exhibit B to Tauler Dec., #4 Exhibit C to Tauler Dec., #5 Exhibit D to Tauler Dec., #6 Exhibit E to Tauler Dec., #7 Exhibit F to Tauler Dec., #8 Exhibit G to Tauler Dec., #9 Exhibit H to Tauler Dec., #10 Exhibit I to Tauler Dec., #11 Exhibit J to Tauler Dec., #12 Exhibit K to Tauler Dec., #13 Declaration of Kyle Oreffice in Support, #14 Exhibit A to Oreffice Dec., #15 Exhibit B to Oreffice Dec., #16 Exhibit C to Oreffice Dec., #17 Exhibit D to Oreffice Dec., #18 Exhibit E to Oreffice Dec., #19 Exhibit F to Oreffice Dec., #20 Proposed Order) (Attorney Robert Tauler added to party Give Back Media, LLC(pty:dft), Attorney Robert Tauler added to party Kyle Oreffice(pty:dft)) (Tauler, Robert) |
| Filing 17 SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Arya Toufanian, by Publication on May 8, 2020 and May 15, 2020 upon Defendant Give Back Media, LLC last date of publication 5/29/2020, answer due 6/18/2020; Kyle Oreffice last date of publication 5/29/2020, answer due 6/18/2020. Publication was made in the The News & Observer. (Prout, Shanen) |
| Filing 16 AFFIDAVIT re Summons Issued (Attorney Civil Case Opening) #7 filed by Plaintiff Arya Toufanian (Prout, Shanen) |
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Filing 15
ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION by Judge Dolly M. Gee: IT IS HEREBY ORDERED that Plaintiff's Ex Parte Application #14 is GRANTED. Service of the Summons in this action on Defendants shall be accomplished by publication in the Raleigh News & Observer. The publication shall be made once a week for four successive weeks. Plaintiff shall concurrently mail a copy of the Summons, Complaint and this Order by first class mail addressed to Defendants at the last known address for defendant Oreffice and GBM's registered agent in Georgia. Plaintiff shall have a 60 day enlargement of time to serve Defendants from the date the Court gives Plaintiff notice of this Order, and in no event later than 6/26/2020. See document for further details. (gk)
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| Filing 14 EX PARTE APPLICATION for Service by Publication filed by Plaintiff Arya Toufanian. (Attachments: #1 Declaration Declaration of Bryan Bitzer ISO Ex Parte Application, #2 Declaration Declaration of Shanen Prout ISO Ex Parte Application, #3 Declaration Declaration of Don Wakefield Jr. ISO Ex Parte Application, #4 Declaration Declaration of Rick Francis ISO Ex Parte Application, #5 Declaration Declaration of Arya Toufanian ISO Ex Parte Application, #6 Proposed Order Proposed Order Granting Plaintiff's Ex Parte Application) (Bitzer, Bryan) |
| Filing 13 STATUS REPORT Regarding Service of Summons and Complaint filed by Plaintiff Arya Toufanian. (Prout, Shanen) |
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Filing 12
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court has reviewed Plaintiff's responses to the Order to Show Cause ("OSC") re Dismissal for Lack of Prosecution #10 #11 . Good cause having been shown, the OSC is DISCHARGED. Plaintiff shall file a proof of service or a further status report re service by no later than March 12, 2020. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 11 SUPPLEMENT to Response #10 filed by Plaintiff Arya Toufanian. (Attachments: #1 Declaration of Lee M. Weinberg in support of Supplement to Plaintiff's Response to Osc Re: Dismissal for Lack of Prosecution)(Prout, Shanen) |
| Filing 10 RESPONSE filed by Plaintiff Arya Toufanian in Response to OSC re: Dismissal for Lack of Prosecution (Attachments: #1 Declaration Declaration of Bryan Bitzer ISO Response to Order to Show Cause)(Bitzer, Bryan) |
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Filing 9
MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee: The Court, on its own motion, orders plaintiff(s) to show cause in writing on or before 12/19/2019 why this action should not be dismissed for lack of prosecution. The Order will stand submitted upon the filing of a written response on or before the date upon which a response by plaintiff(s) is due. This action will be dismissed if a written response demonstrating good cause is not filed by the date indicated above. Court Reporter: Not Reported. (gk)
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Filing 8
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Give Back Media, LLC, Kyle Oreffice. (ghap) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Suzanne H. Segal. (ghap) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Arya Toufanian. (Bitzer, Bryan) |
| Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Arya Toufanian, (Bitzer, Bryan) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Arya Toufanian. (Bitzer, Bryan) |
| Filing 1 COMPLAINT Receipt No: 0973-24430584 - Fee: $400, filed by Plaintiff Arya Toufanian. (Attorney Bryan Bitzer added to party Arya Toufanian(pty:pla))(Bitzer, Bryan) |
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