Bradford Lund v. David J. Cowan et al
| Bradford D Lund |
| Judge PRO TEM David J. Cowan, Los Angeles County Superior Court and David J. Cowan |
| 2:2020cv01894 |
| February 27, 2020 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| Stephen V Wilson |
| Civil Rights: Other |
| 28 U.S.C. § 1343 |
| Plaintiff |
Docket Report
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| Filing 44 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55764 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #43 as to plaintiff Bradford D Lund. (mrgo) |
| Filing 43 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Bradford D Lund. Appeal of Order on Motion to Dismiss,,,, Order on Motion for Leave to File Document,,, #42 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-27397560.) (Busch, Joseph) |
Filing 42
MINUTE ORDER (IN CHAMBERS) GRANTING DEFENDANTS' MOTION TO DISMISS WITHOUT LEAVE TO AMEND AND DENYING PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE FIRST AMENDED COMPLAINT #27 #31 by Judge Stephen V. Wilson. Dismissal of a complaint without leave to amend is appropriate where further amendment of the claims would be futile. See Chappel v. Lab. Corp. of Am., 232 F.3d 719, 72526 (9th Cir. 2000). Plaintiff has amended his complaint once, the Court has denied a second attempt to amend the FAC on the basis of futility, and as explained above, the Court does not find that Plaintiff can litigate the issues he raises before this Court under either 1983 or the ADA. Because the Court finds that further amendment of the operative complaint would be futile, the Court's dismissal of Plaintiff's lawsuit iswithout leave to amend. (See document for further details). (MD JS-6. Case Terminated) (mrgo)
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| Filing 41 NOTICE Notice of Errata re Request for Judicial Notice in Support of Motion to Dismiss First Amended Complaint filed by Defendants David J. Cowan, Los Angeles County Superior Court. (Green, Matthew) |
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Filing 40
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson: Plaintiffs motion to file a sur-reply is DENIED. Dkt. #38 . The case citations and additional evidence included in Defendants Reply brief are not new because they were raised in response to arguments made in Plaintiffs Opposition brief. See Terrell v. Contra Costa Cty., 232 F. App'x 626, 629 n.2 (9th Cir. 2007); see also GemCap Lending I, LLC v. Mann, 2019 WL 7945597, at *5 (C.D. Cal. Oct. 30, 2019); Crossfit, Inc. v. Nat'l Strength & Conditioning Ass'n, 2017 WL 4700070, at *3 (S.D. Cal. Oct. 19, 2017); Edwards v. Toys "R" Us, 527 F. Supp. 2d 1197, 1205 (C.D. Cal. 2007). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 39 OPPOSITION opposition re: EX PARTE APPLICATION to File Surreply #38 filed by Defendants David J. Cowan, Los Angeles County Superior Court. (Green, Matthew) |
| Filing 38 EX PARTE APPLICATION to File Surreply filed by plaintiff Bradford D Lund. (Attachments: #1 Appendix Addendum, #2 Declaration Declaration of Sandra Slaton, #3 Exhibit Proposed Surreply) (Busch, Joseph) |
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Filing 37
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: #27 MOTION to Dismiss First Amended Complaint filed by Defendants; and #31 MOTION for Leave to file Second Amended Complaint filed by plaintiff - The motions are submitted. Order to issue. The hearing previously scheduled for 05/11/2020 at 1:30 p.m. is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 36 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #27 filed by Defendants David J. Cowan, Los Angeles County Superior Court. (Attachments: #1 Supplement Request for Judicial Notice)(Green, Matthew) |
| Filing 35 REPLY In Support of NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint #31 filed by Plaintiff Bradford D Lund. (Attachments: #1 Exhibit A)(Busch, Joseph) |
| Filing 34 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #27 filed by Plaintiff Bradford D Lund. (Attachments: #1 Exhibit A, #2 Exhibit B)(Busch, Joseph) |
| Filing 33 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint #31 filed by Defendants David J. Cowan, Los Angeles County Superior Court. (Attachments: #1 Request for Judicial Notice)(Green, Matthew) |
| Filing 31 NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint filed by plaintiff Bradford D Lund. Motion set for hearing on 5/11/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Proposed Order Proposed Order) (Busch, Joseph) |
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Filing 30
ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS by Judge Stephen V. Wilson, re Stipulation to Continue #28 . The Court, having reviewed the Stipulation of the Parties and finding good cause, hereby issues an Order to: 1. Continue the hearing on Defendants' Motion to Dismiss from May 4, 2020 to May 11, 2020, at 1:30 p.m. 2. Plaintiff's opposing papers will be filed and served on April 20, 2020 and Defendants' reply papers will be filed and served on May 4, 2020. (mrgo)
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| Filing 28 STIPULATION to Continue Hearing on Motion to Dismiss from May 4, 2020 to May 11, 2020 filed by plaintiff Bradford D Lund. (Attachments: #1 Proposed Order)(Busch, Joseph) |
| Filing 32 Mail Returned addressed to Sandra Lynn Slaton re Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form, #9 (mrgo) |
| Filing 29 Mail Returned addressed to Sandra Lynn Slaton re Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form,, #10 (mrgo) |
| Filing 27 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants David J. Cowan, Los Angeles County Superior Court. Motion set for hearing on 5/4/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum, #2 Request for Judicial Notice Part 1 of 3, #3 Request for Judicial Notice Part 2 of 3, #4 Request for Judicial Notice Part 3 of 3, #5 Proposed Order) (Attorney Matthew Lawrence Green added to party David J. Cowan(pty:dft), Attorney Matthew Lawrence Green added to party Los Angeles County Superior Court(pty:dft)) (Green, Matthew) |
| Filing 26 21 DAY Summons Issued re First Amended Complaint/Petition, #22 as to defendant David J. Cowan. (mrgo) |
| Filing 25 21 DAY Summons Issued re First Amended Complaint/Petition, #22 as to defendant Los Angeles County Superior Court. (mrgo) |
| Filing 24 Request for Clerk to Issue Summons on Amended Complaint/Petition, #22 filed by plaintiff Bradford D Lund. (Busch, Joseph) |
| Filing 23 Request for Clerk to Issue Summons on Amended Complaint/Petition, #22 filed by plaintiff Bradford D Lund. (Busch, Joseph) |
| Filing 22 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening), #1 JURY DEMAND, filed by plaintiff Bradford D Lund (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Busch, Joseph) |
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Filing 21
ORDER by Judge Stephen V. Wilson: granting #17 Non-Resident Attorney Lanny J. Davis APPLICATION to Appear Pro Hac Vice on behalf of plaintiff Bradford D. Lund, designating Joseph P. Busch as local counsel. (mrgo)
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Filing 20
ORDER by Judge Stephen V. Wilson: granting #16 Non-Resident Attorney Sandra L. Slaton APPLICATION to Appear Pro Hac Vice on behalf of plaintiff Bradford D. Lund, designating Joseph P. Busch as local counsel. (mrgo)
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| Filing 19 PROOF OF SERVICE Executed by Plaintiff Bradford D Lund, upon Defendant Los Angeles County Superior Court served on 3/3/2020, answer due 3/24/2020. Service of the Summons and Complaint were executed upon The Los Angeles County Superior Court in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Busch, Joseph) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Bradford D Lund, upon Defendant David J. Cowan served on 3/3/2020, answer due 3/24/2020. Service of the Summons and Complaint were executed upon The Hon. David J. Cowan in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Busch, Joseph) |
| Filing 17 APPLICATION of Non-Resident Attorney Lanny J. Davis to Appear Pro Hac Vice on behalf of Plaintiff Bradford D Lund (Pro Hac Vice Fee - $400.00 Previously Paid on 2/27/2020, Receipt No. ACACDC-25531442) filed by plaintiff Bradford D Lund. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Certificate of Good Standing, #3 Proposed Order) (Busch, Joseph) |
| Filing 16 APPLICATION of Non-Resident Attorney Sandra L. Slaton to Appear Pro Hac Vice on behalf of Plaintiff Bradford D Lund (Pro Hac Vice Fee - $400.00 Previously Paid on 2/27/2020, Receipt No. ACACDC-25531507) filed by plaintiff Bradford D Lund. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order) (Busch, Joseph) |
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Filing 15
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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| Filing 14 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Los Angeles County Superior Court. (et) |
| Filing 13 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant David J. Cowan. (et) |
| Filing 12 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 11 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Jacqueline Chooljian. (et) |
| Filing 10 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Sandra L. Slaton to Appear Pro Hac Vice on behalf of Plaintiff Bradford D Lund (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25531507) #6 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Application is incomplete. Applicant failed to provide email address. (Thrasher, Lupe) |
| Filing 9 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Lanny J. Davis to Appear Pro Hac Vice on behalf of Plaintiff Bradford D Lund (Pro Hac Vice Fee - $400.00 Previously Paid on 2/27/2020, Receipt No. ACACDC-25531442) #5 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (Thrasher, Lupe) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Bradford D Lund. (Busch, Joseph) |
| Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Bradford D Lund. (Busch, Joseph) |
| Filing 6 APPLICATION of Non-Resident Attorney Sandra L. Slaton to Appear Pro Hac Vice on behalf of Plaintiff Bradford D Lund (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25531507) filed by plaintiff Bradford D Lund. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Busch, Joseph) |
| Filing 5 APPLICATION of Non-Resident Attorney Lanny J. Davis to Appear Pro Hac Vice on behalf of Plaintiff Bradford D Lund (Pro Hac Vice Fee - $400.00 Previously Paid on 2/27/2020, Receipt No. ACACDC-25531442) filed by plaintiff Bradford D Lund. (Attachments: #1 Exhibit, #2 Proposed Order) (Busch, Joseph) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Bradford D Lund. (Busch, Joseph) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Bradford D Lund. (Busch, Joseph) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Bradford D Lund. (Busch, Joseph) |
| Filing 1 COMPLAINT Receipt No: ACACDC-25531061 - Fee: $400, filed by plaintiff Bradford D Lund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Attorney Joseph P Busch, III added to party Bradford D Lund(pty:pla))(Busch, Joseph) |
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