Nicko LaCoste v. Daniel Keem
| Nicko LaCoste and Nicko Lacoste Romeo doing business as The California Dream Tattoo |
| Daniel Keem and Daniel Keem Keemstar doing business as Dramaalert |
| 2:2020cv02323 |
| March 10, 2020 |
| US District Court for the Central District of California |
| R Gary Klausner |
| Jean P Rosenbluth |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on August 4, 2020. A more recent docket listing may be available from PACER.
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| Filing 51 OPPOSITION IN OPPOSITION TO re: NOTICE OF MOTION AND MOTION for Attorney Fees #47 filed by Plaintiff Nicko Lacoste. (Severo, Raoul) |
Filing 50
ORDER by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Objection/Opposition (Motion related) #49 , for the following reasons: Document contains single-spaced text. LR 11.3-6. (et)
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| Filing 49 [DOCUMENT STRICKEN PER ORDER DATED ON 8/4/2020, SEE DOCKET ENTRY NO. #50 ] - OPPOSITION IN OPPOSITION TO re: NOTICE OF MOTION AND MOTION for Attorney Fees #47 filed by Plaintiff Nicko Lacoste. (Severo, Raoul) Modified on 8/4/2020 (et). |
| Filing 48 APPLICATION to the Clerk to Tax Costs against Plaintiff Nicko Lacoste filed by Defendant Daniel Keem. (Zeldin, Kim) |
| Filing 47 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Defendant Daniel Keem. Motion set for hearing on 8/24/2020 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of Eric M. George, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Order) (Zeldin, Kim) |
| Filing 46 JUDGMENT by Judge R. Gary Klausner. IT IS HEREBY ORDERED AND ADJUDGED that:(1) Plaintiff Nicko "Romeo" Lacoste takes nothing in his action, that theabove-captioned case be DISMISSED WITH PREJUDICE, and that judgment hereby is entered in Defendant's favor as to each of Plaintiffs causes of action; (2) Defendant is the prevailing party in this action; (3) Requests for attorneys' fees may be made by a regularly noticed motion to the Court; and (4) Requests for costs may be made by application to the Clerk of the Court. This document constitutes a judgment and a separate document for the 15 purposes of RCP 58(a). (jp) |
| Filing 45 NOTICE OF LODGING filed [Proposed] Judgment in Favor of Defendant Daniel Keemstar Keem re Order on Motion to Strike #44 (Attachments: #1 [Proposed] Judgment)(Westlund, Eric) |
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Filing 44
(IN CHAMBERS) Order Re: Defendant's Motion to Strike Complaint [DE #12 ] by Judge R. Gary Klausner, the Court GRANTS Defendant's Motion. (SEE CIVIL MINUTES FOR FURTHER SPECIFICS). (et)
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Filing 43
(IN CHAMBERS) Order Re: Ex Parte Application to File a Sur-Reply [DE #41 by Judge R. Gary Klausner the Court hereby denies Plaintiff's request. (et)
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| Filing 42 Defendant's Opposition re: First EX PARTE APPLICATION to FILE SUR REPLY #41 filed by Defendant Daniel Keem. (Zeldin, Kim) |
| Filing 41 First EX PARTE APPLICATION to FILE SUR REPLY filed by PLAINTFF Nicko Lacoste. (Severo, Raoul) |
| Filing 40 NOTICE OF ERRATA filed by Plaintiff Nicko Lacoste. correcting First EX PARTE APPLICATION to Withdraw NOTICE OF MOTION AND MOTION to Strike Complaint (Attorney Civil Case Opening) #1 #12 #39 (Severo, Raoul) |
| Filing 39 First EX PARTE APPLICATION to Withdraw NOTICE OF MOTION AND MOTION to Strike Complaint (Attorney Civil Case Opening) #1 #12 filed by PLAINTIFF Nicko Lacoste. (Severo, Raoul) |
| Filing 38 REPLY NOTICE OF MOTION AND MOTION to Strike Complaint (Attorney Civil Case Opening) #1 #12 filed by Defendant Daniel Keem. (Attachments: #1 Supplement Defendants Evidentiary Objections to Declaration of Joseph L. Ryan)(Zeldin, Kim) |
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Filing 37
(IN CHAMBERS) ORDER by Judge R. Gary Klausner: The Court hereby deems the Motion for Reconsideration and Motion for Relief, both filed June 3, 2020, seeking the same relief, a single ex parte application. Upon review of the ex parte application,the Court grants relief. The opposition filed at Docket Entry 22 is hereby reinstated. The motions at Docket Entries #32 and #33 are moot. (lc)
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Filing 36
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: First NOTICE OF MOTION AND MOTION to Withdraw First NOTICE OF MOTION AND MOTION for Reconsideration re Striking Electronically Filed Documents (G-106) #27 #32 #35 , for the following reasons: Counsel was directed at docket entry 34 to file a Notice of Withdrawal of the motion at docket entry 32 or 33. (jp)
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| Filing 35 [DOCUMENT STRICKEN PER ORDER DATED ON 6/4/2020, SEE DOCKET ENTRY NO. #36 ] - First NOTICE OF MOTION AND MOTION to Withdraw First NOTICE OF MOTION AND MOTION for Reconsideration re Striking Electronically Filed Documents (G-106), #27 #32 filed by Nicko Lacoste Nicko Lacoste. Motion set for hearing on 7/6/2020 at 09:00 AM before Judge R. Gary Klausner. (Severo, Raoul). Modified on 6/4/2020 (jp). |
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Filing 34
SCHEDULING NOTICE TO PLAINTIFF AND ORDER by Judge R. Gary Klausner. It appears that the motions filed at docket entries #32 and #33 are duplicative. Counsel shall file a notice of withdrawal of one of the motions not later than 3:00 pm on June 4, 2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 33 First NOTICE OF MOTION AND MOTION for Relief from default in failing to file the Plaintiff's Opposition to Special Motion to Strike Complaint, due to mistake, inadvertence, surprise or excusable neglect pursuant to F.R.Civ.P. Rule 60 re Objection/Opposition (Motion related) #29 , Striking Electronically Filed Documents (G-106), #27 filed by Nicko Lacoste Nicko Lacoste. Motion set for hearing on 7/9/2020 at 09:00 AM before Judge R. Gary Klausner. (Severo, Raoul) |
| Filing 32 First NOTICE OF MOTION AND MOTION for Reconsideration re Striking Electronically Filed Documents (G-106), #27 filed by Nicko Lacoste Nicko Lacoste. Motion set for hearing on 7/6/2020 at 09:00 AM before Judge R. Gary Klausner. (Severo, Raoul) |
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Filing 31
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant's Motion to Strike Complaint #12 , calendared for hearing on June 8, 2020 has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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Filing 30
(IN CHAMBERS) Order Re: Opposition to Motion to Strike Complaint [DE #29 ] by Judge R. Gary Klausner: The Court does not find good cause to permit the late filing of Plaintiff's Opposition to the Special Motion to Strike the Complaint. Accordingly, the Court strikes Plaintiff's late-filed Opposition. (jp)
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| Filing 29 OPPOSITION IN OPPOSITION re: NOTICE OF MOTION AND MOTION to Strike Complaint (Attorney Civil Case Opening) #1 #12 filed by Plaintiff Nicko Lacoste. (Severo, Raoul) |
| Filing 28 DECLARATION of Raoul J. Severo, Esq. re Objection/Opposition (Motion related) #26 , Striking Electronically Filed Documents (G-106), #27 filed by Plaintiff Nicko Lacoste. (Severo, Raoul) |
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Filing 27
ORDER by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Objection/Opposition (Motion related) #26 , for the following reasons: Opposition was ordered to be refiled not later than 12:00 noon on May 13, 2020. Memorandum of Points and Authorities contains single-spaced text. LR 11-3.6; (yl)
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| Filing 26 *STRICKEN PURSUANT TO DOC #27 OPPOSITION IN OPPOSITION re: NOTICE OF MOTION AND MOTION to Strike Complaint (Attorney Civil Case Opening) #1 #12 filed by Plaintiff Nicko Lacoste. (Severo, Raoul) Modified on 5/18/2020 (yl). |
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Filing 25
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Response to Motion to Strike #22 , for the following reasons: Document should be titled Opposition. Single-spaced text at pages 5 and 14. See LR 11-3.6. Counsel may refile the Opposition by 12:00 noon on May 13, 2020. (jp)
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| Filing 24 PROOF OF SERVICE filed by Nicko LaCoste Nicko Lacoste, re Declaration #23 , Response #22 served on 05/11/2020. (Severo, Raoul) |
| Filing 23 DECLARATION of Joseph L. Ryan, Esq. re Response #22 filed by Plaintiff Nicko Lacoste. (Severo, Raoul) |
| Filing 22 [DOCUMENT STRICKEN PER ORDER DATED ON 5/12/2020, SEE DOCKET ENTRY NO. #25 ] - RESPONSE filed by Plaintiff Nicko Lacosteto NOTICE OF MOTION AND MOTION to Strike Complaint (Attorney Civil Case Opening) #1 #12 (Severo, Raoul). Modified on 5/12/2020 (jp). |
| Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney Eric A Westlund counsel for Defendant Daniel Keem. Adding Eric A. Westlund as counsel of record for DANIEL KEEMSTAR KEEM, dba DRAMAALERT for the reason indicated in the G-123 Notice. Filed by Attorney Eric A. Westlund. (Attorney Eric A Westlund added to party Daniel Keem(pty:dft))(Westlund, Eric) |
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Filing 20
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 8/17/2020. Scheduling Conference set for 8/24/2020 at 9:00 am. (sw)
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Filing 19
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant Daniel Keem's Motion to Strike Complaint #12 , noticed for hearing on June 1, 2020 at 9:00 am, HAS BEEN CONTINUED TO June 8, 2020 at 9:00 am. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 18 NOTICE OF ERRATA filed by Defendant Daniel Keem. correcting Request for Judicial Notice,,,,,,,,,, #15 (Attachments: #1 Exhibit 1 Proposed Order Granting Def's Request for Judicial Notice ISO Motion to Strike Complaint)(Zeldin, Kim) |
| Filing 17 CERTIFICATE of Interested Parties filed by Defendant Daniel Keem, (Zeldin, Kim) |
| Filing 16 NOTICE of Manual Filing filed by Defendant Daniel Keem of 3 DVDs re Def's Request for Judicial Notice, Exhibits 25-27. (Zeldin, Kim) |
| Filing 15 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Strike Complaint (Attorney Civil Case Opening) #1 #12 filed by Defendant Daniel Keem. (Attachments: #1 Exhibit 5 screenshot of the About section of the DramaAlert YouTube Channel, #2 Exhibit 6 screenshot of @DramaAlert Twitter Profile, #3 Exhibit 7 screenshot of DramaAlert Facebook Page, #4 Exhibit 8 screenshot of dramaalert Instagram Profile, #5 Exhibit 9 screenshot of @KEEMSTAR Twitter Profile, #6 Exhibit 10 screenshot of keemstar Instagram Profile, #7 Exhibit 11 screenshot of romeolacoste.com Homepage, #8 Exhibit 12 screenshot of romeolacoste Instagram Profile, #9 Exhibit 13 screenshot of the About section of the Romeo Lacoste YouTube Channel, #10 Exhibit 14 correct screenshot of thecaliforniadream Instagram Profile, #11 Exhibit 15 copy of Forbes.com article entitled Romeo Lacoste: From Tattoos To YouTube, by Tom Ward, September 7, 2018, #12 Exhibit 16 copy of Daily Mail article entitled Ninja gets Fortnite, #13 Exhibit 17 screenshot of IMDB.com Full Case & Crew page for television series Best Ink, #14 Exhibit 18 screenshot of tweets published by Twitter user @yellowchairr, #15 Exhibit 19 screenshot of tweets published by Twitter user @ultrahoney1, #16 Exhibit 20 correct screenshot of a tweet published by Twitter user @Lilou_Vos, #17 Exhibit 21 copy of Newsweek.com article entitled ROMEO LACOSTE DENIES ALLEGATIONS HE GROOMED UNDERAGE GIRLS FOR ILLEGAL SEX, by Steven Asarch, March 18, 2019, #18 Exhibit 22 copy of Dexerto.com article entitled KEEMSTAR responds after being sued for $3.5m by Romeo Lacoste, by Connor Bennett, March 15, 2020, #19 Exhibit 23 copy of InkedMag.com article entitled WILL THIS LOS ANGELES ARTIST REPLACE ROMEO LACOSTE? by Devon Preston, April 2, 2019, #20 Exhibit 24 screenshot of Freshly Inked Magazine website promoting The TJ Dillashaw & Romeo Lacoste Issue #4, #21 Exhibit 25 copy of a video published to YouTube on March 16, 2019, entitled Ariana Grande, Dolan Twins, Ninja & More's Tattoo Artist Romeo Lacoste EXPOSED! #DramaAlert, #22 Exhibit 26 copy of a video published to YouTube on March 17, 2019, entitled Romeo Lacoste INTERVIEW! #DramaAlert ( Uncensored ) Romeo Lacoste reacts to recent Allegations!, #23 Exhibit 27 correct copy of a video published to YouTube on February 10, 2020, entitled Romeo Lacoste Caught with 15 year old girl! #DramaAlert ( VIDEO PROOF ))(Zeldin, Kim) |
| Filing 14 DECLARATION of Eric A. Westlund in support of NOTICE OF MOTION AND MOTION to Strike Complaint (Attorney Civil Case Opening) #1 #12 filed by Defendant Daniel Keem. (Attachments: #1 Exhibit 2 Transcription of YouTube Video pub. 3/16/19, #2 Exhibit 3 Transcription of YouTube Video pub. 3/17/19, #3 Exhibit 4 Transcription of YouTube Video pub. 2/10/20)(Zeldin, Kim) |
| Filing 13 DECLARATION of John Nelson in support of NOTICE OF MOTION AND MOTION to Strike Complaint (Attorney Civil Case Opening) #1 #12 filed by Defendant Daniel Keem. (Attachments: #1 Exhibit 1 Cease and Demand Letter)(Zeldin, Kim) |
| Filing 12 NOTICE OF MOTION AND MOTION to Strike Complaint (Attorney Civil Case Opening) #1 filed by Defendant Daniel Keem. Motion set for hearing on 6/1/2020 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Proposed Order Granting Defendant's Motion to Strike Complaint) (Zeldin, Kim) |
| Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #10 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. 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. (ak) |
| Filing 10 NOTICE of Appearance filed by attorney Eric M George on behalf of Defendant Daniel Keem (George, Eric) |
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Filing 9
SCHEDULING NOTICE TO PLAINTIFF AND ORDER by Judge R. Gary Klausner. The Court has reviewed the Joint Stipulation Extending Time to Answer #8 filed on March 27, 2020. Counsel for plaintiff shall immediately file proof of service of the summons and complaint. Proof of service must be filed within 5 days of service. See Standing Order #7 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 8 Joint STIPULATION Extending Time to Answer the complaint as to Daniel Keem answer now due 5/1/2020, filed by Defendant Daniel Keem.(Attorney Kim S Zeldin added to party Daniel Keem(pty:dft))(Zeldin, Kim) |
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Filing 7
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw)
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| Filing 6 NOTICE of Interested Parties filed by Plaintiff Nicko Lacoste, identifying Nicko LaCoste. (Severo, Raoul) |
| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: Other error(s) with document(s): Attachments 1 Civil Cover Sheet is attached to the Complaint. Each of these documents should have been filed and entered separately under its correct event/relief. You need not take any action in response to this notice unless and until the Court directs you to do so. (ghap) |
| Filing 4 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) |
| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 2 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Jean P. Rosenbluth. (ghap) |
| Filing 1 COMPLAINT Receipt No: ACACDC-25686937 - Fee: $400, filed by Plaintiff Nicko LaCoste. (Attachments: #1 Civil Cover Sheet) (Attorney Raoul J Severo added to party Nicko LaCoste(pty:pla))(Severo, Raoul) |
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