Dr. Stewart Lucas Murrey v. WWW.Cheaterreport.com et al
| Dr. Stewart Lucas Murrey and Stewart Lucas Murrey |
| WWW.Cheaterreport.com, Does 1 through 10, inclusive, Rivera Law Group PLC, Internet Reputation Control, Digital Revolution LLC, Tom Vitolo, PRVT LLC, Christian Tryon, Brandyourself.com Inc, John Doe, Elizabeth Jordan, Reputation Resolutions, Domingo J Rivera, IRC, Domingo J Rivera Attorney at Law PLC, Anthony Will, Aaron Minc and Minc Law |
| 2:2020cv06217 |
| July 13, 2020 |
| US District Court for the Central District of California |
| Percy Anderson |
| Steve Kim |
| Assault Libel & Slander |
| 28 U.S.C. § 2201 Injunction |
| Plaintiff |
Docket Report
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| Filing 78 TEXT-ONLY ENTRY - RECEIVED Notice of Receipt of Electronic Case Transfer from Southern District of New York, 1:21-cv-00320 filed 1/14/2021. (iv) |
| Filing 77 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Judgment, #76 . A notation indicating the case was electronically transferred was omitted in error. Please note the above matter (as to defendants Brandyourself.com Inc., a limited liability company, Tom Vitolo, and Christian Tryon) was transferred to the Southern District of New York as of today's date. (mrgo) Modified on 1/13/2021 (mrgo). |
| Filing 76 JUDGMENT OF DISMISSAL by Judge Percy Anderson, Related to: Order on Motion to Transfer Case, Order on Motion for Leave to File Document, #75 . IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff Stewart Murrey's ("Plaintiff") claims against Rivera, Rivera Law, IRC, PRVT, Minc, Minc Law, Will, Digital Revolution, are dismissed without prejudice for lack of personal jurisdiction. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff's claims against Elizabeth Jordan are dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m). (MD JS-6, Case Terminated). (mrgo) |
Filing 75
MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #51 MOTION to Transfer Case ; and #60 MOTION for Leave to File. For all of the foregoing reasons, the Court grants the Brandyourself Defendants' Motion to Transfer and declines to address the Brandyourself Defendants' Motion to Dismiss. Plaintiff's claims against Brandyourself.com, Inc., Tom Vitolo, and Christian Tryon are transferred to the United States District Court for the Southern District of New York. The Court denies Plaintiff's Motion for Leave to File Second Amended Complaint. Having dismissed the Rivera Defendants, Minc Defendants, and Will Defendants for lack of personal jurisdiction, dismissed Elizabeth Jordan as a defendant pursuant to Federal Rule of Civil Procedure 4(m), transferred the claims against the Brandyourself Defendants to the United States District Court for the Southern District of New York, and denied Plaintiff's Motion for Leave to File Second Amended Complaint, there are no remaining claims or defendants pending in this Court. The Court will therefore issue a Judgment consistent with this Order and the Court's December 18, 2020, and December 28, 2020 Orders. (See document for details) (mrgo)
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| Filing 74 REPLY Reply to Opposition NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint to Add Defendants AMAZON A.K.A. AMAZON WEB SERVICES (AWS), CLOUDFLARE, INC., WWW.CHEATERREPORT.COM, DOE-52.90.63.226 #60 filed by Plaintiff Stewart Lucas Murrey. (Murrey, Stewart) |
| Filing 73 REPLY in Support of NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of New York #51 filed by Defendants Brandyourself.com Inc, Christian Tryon, Tom Vitolo. (Cox, Vincent) |
| Filing 72 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint pursuant to F.R.Civ.P. Rule 12(b)(6) #63 filed by Defendants Brandyourself.com Inc, Christian Tryon, Tom Vitolo. (Cox, Vincent) |
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Filing 71
MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #69 EX PARTE APPLICATION for Leave to File. For all of the foregoing reasons, the Court denies Plaintiff's Ex Parte Application. Any future ex parte applications that fail to satisfy the requirements for ex parte relief may be summarily denied without further consideration and could result in the imposition of sanctions for violating the Local Rules and vexatiously multiplying these proceedings. (See document for details) (mrgo)
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| Filing 70 OPPOSITION re: NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint to Add Defendants AMAZON A.K.A. AMAZON WEB SERVICES (AWS), CLOUDFLARE, INC., WWW.CHEATERREPORT.COM, DOE-52.90.63.226 #60 filed by Defendants Brandyourself.com Inc, Christian Tryon, Tom Vitolo. (Cox, Vincent) |
| Filing 69 First EX PARTE APPLICATION for Leave to file to file Motion for Reconsideration filed by plaintiff Stewart Lucas Murrey. (Murrey, Stewart) |
| Filing 68 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint pursuant to F.R.Civ.P. Rule 12(b)(6) #63 Opposition filed by Plaintiff Stewart Lucas Murrey. (Attachments: #1 Declaration Decl. Dr. Murrey)(Murrey, Stewart) |
| Filing 67 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of New York #51 Opposition filed by Plaintiff Stewart Lucas Murrey. (Attachments: #1 Declaration Decl Dr. Murrey)(Murrey, Stewart) |
| Filing 65 Notice of Appearance or Withdrawal of Counsel: for attorney Loralee Sundra counsel for Defendants Brandyourself.com Inc, Christian Tryon, Tom Vitolo. Loralee Sundra is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants BRANDYOURSELF.COM, INC., TOM VITOLO, and CHRISTIAN TRYON. (Sundra, Loralee) |
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Filing 66
MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #64 EX PARTE APPLICATION for Extension of Time to File. As the Court has explained, Plaintiff did not seek an extension from the Court to serve Ms. Jordan until after the Rule 4(m) deadline had already expired. Nor have Plaintiff's untimely, ineffective, and procedurally improper efforts to obtain expedited discovery established the diligence necessary for a further extension. The Court therefore declines to grant Plaintiff an extension of time and dismisses Plaintiff's claims against Ms. Jordan pursuant to Rule 4(m). (SEE DOCUMENT FOR DETAILS). (mrgo)
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| Filing 64 EX PARTE APPLICATION for Extension of Time to File Proof of Service for Defendant Elizabeth Jordan filed by plaintiff Stewart Lucas Murrey. (Murrey, Stewart) |
| Filing 63 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint pursuant to F.R.Civ.P. Rule 12(b)(6) filed by Defendants Brandyourself.com Inc, Christian Tryon, Tom Vitolo. Motion set for hearing on 1/25/2021 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order) (Cox, Vincent) |
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Filing 62
MINUTES IN CHAMBERS COURT ORDER by Judge Percy Anderson. For all of the foregoing reasons, the Court concludes that Plaintiff has not, and cannot, establish that the Rivera Defendants, Minc Defendants, or Will Defendants purposefully availed themselves of, or directed their activities at, California. As a result, this Court lacks personal jurisdiction over the Rivera Defendants, Minc Defendants, and Will Defendants. The Court therefore grants their Motions to Dismiss for Lack of Personal Jurisdiction #26 #27 #28 #29 #31 . (lom)
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| Filing 60 NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint to Add Defendants AMAZON A.K.A. AMAZON WEB SERVICES (AWS), CLOUDFLARE, INC., WWW.CHEATERREPORT.COM, DOE-52.90.63.226 filed by Plaintiff Stewart Lucas Murrey. Motion set for hearing on 1/25/2021 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration Dr.Murrey(1of2), #2 Declaration Dr.Murrey(2of2)) (Murrey, Stewart) |
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Filing 61
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Plaintiff Stewart Murrey, PhD ("Plaintiff"), who is appearing pro se, has filed a Reply in support of his Ex Parte Application for Expedited Discovery and to Extend Time for Service (Docket No. 57). The Court's Standing Orders states: "Absent leave of Court, the Court will not consider reply papers in support of an ex parte application." Plaintiff did not obtain leave of Court to file his Reply in support of his Ex Parte Application. Nor do the issues raised in the Ex Parte Application, and the Opposition to that Ex Parte Application filed by defendants Brandyourself.com Inc., Christian Tryon, and Tom Vitolo, merit the additional argument contained in Plaintiffs Reply. The Court again warns the parties, as it did in its December 3, 2020 Minute Order, that future violations of the Local Rules, Federal Rules of Civil Procedure, and the Court's Orders may result in the imposition of sanctions. (mrgo)
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Filing 58
MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #53 EX PARTE APPLICATION to Expedite. For all of the foregoing reasons, the Court denies Plaintiff's Ex Parte Application. Consistent with the Court's warning in its November 20, 2020 Order, because Plaintiff has failed to serve Ms. Jordan by December 14, 2020, the Court orders Plaintiff to show cause in writing why his claims against Ms. Jordan should not be dismissed for lack of prosecution for failure to serve her within the deadline established by Rule 4(m). Plaintiff's response to this Order to Show Cause shall be filed by no later than December 22, 2020. Failure to timely or adequately respond to this Order to Show Cause will result in the dismissal of Ms. Jordan from this action without further warning. (See document for details) (mrgo)
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| Filing 57 REPLY support First EX PARTE APPLICATION to Expedite Discovery and Orders to Extend Time of Service and WWW.CHEATERREPORT.COM to Disclosure its Identity and Authorship of Malicious Postings #53 filed by Plaintiff Stewart Lucas Murrey. (Murrey, Stewart) |
| Filing 59 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION to Amend Complaint to Add Defendants #54 by Clerk of Court. The document is STRICKEN for the reasons indicated on the Notice to Filer of Deficiencies #55 issued on 12/15/2020. (mrgo) |
| Filing 56 OPPOSITION in opposition re: First EX PARTE APPLICATION to Expedite Discovery and Orders to Extend Time of Service and WWW.CHEATERREPORT.COM to Disclosure its Identity and Authorship of Malicious Postings #53 filed by Defendants Brandyourself.com Inc, Christian Tryon, Tom Vitolo. (Cox, Vincent) |
| Filing 55 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Amend Complaint to Add Defendants #54 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. 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. (mrgo) |
| Filing 54 [DOCUMENT STRICKEN PER DOC. NO. 59] NOTICE OF MOTION AND MOTION to Amend Complaint to Add Defendants filed by Plaintiff Stewart Lucas Murrey. Motion set for hearing on 1/11/2021 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration DrMurrey(1of2), #2 Declaration DrMurrey(2of2)) (Murrey, Stewart) Modified on 12/16/2020 (mrgo). |
| Filing 53 First EX PARTE APPLICATION to Expedite Discovery and Orders to Extend Time of Service and WWW.CHEATERREPORT.COM to Disclosure its Identity and Authorship of Malicious Postings filed by Plaintiff Stewart Lucas Murrey. (Attachments: #1 Declaration Dr. Murrey) (Murrey, Stewart) |
| Filing 52 NOTICE of Interested Parties filed by Defendants Brandyourself.com Inc, Christian Tryon, Tom Vitolo, (Cox, Vincent) |
| Filing 51 NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of New York filed by Defendants Brandyourself.com Inc, Christian Tryon, Tom Vitolo. Motion set for hearing on 1/25/2021 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Joline Martin, #2 Declaration of Christian Tryon, #3 Declaration of Tom Vitolo, #4 Proposed Order) (Attorney Vincent Cox added to party Brandyourself.com Inc(pty:dft), Attorney Vincent Cox added to party Christian Tryon(pty:dft), Attorney Vincent Cox added to party Tom Vitolo(pty:dft)) (Cox, Vincent) |
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Filing 50
MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson. Having reviewed the Motions, Oppositions, and Replies, the Court concludes that Plaintiff's proposed Sur-Reply repeats arguments made in his Oppositions, includes documents and arguments that could have been asserted in his Oppositions, is otherwise unnecessary for the Court's consideration of the issues raised in the Motions to Dismiss, Oppositions, and Replies, and that the Replies do not raise "new matter" to which a Sur-Reply is warranted. The Court therefore denies Plaintiffs Ex Parte Application and will not consider the proposed Sur-Reply. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that the Motions to Dismiss (Docket Nos. 26, 27, 28, 29, and 31) are appropriate for decision without oral argument. The hearing calendared for December 21, 2020, is vacated, and the matters taken off calendar. The Court will notify the parties once it issues an Order on the pending Motions. (mrgo)
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| Filing 49 First EX PARTE APPLICATION for Leave to file Sur-Reply to Oppose Motions to Dismiss filed by Plaintiff Stewart Lucas Murrey. (Murrey, Stewart) |
| Filing 48 REPLY Support NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #31 filed by Defendants Digital Revolution LLC, Aaron Minc, Minc Law, Anthony Will. (Gingras, David) |
| Filing 47 REPLY in support of motion to dismiss NOTICE OF MOTION AND MOTION to Dismiss first amended complaint #28 , NOTICE OF MOTION AND MOTION to Dismiss first amended complaint #27 , NOTICE OF MOTION AND MOTION to Dismiss first amended complaint #26 , NOTICE OF MOTION AND MOTION to Dismiss first amended complaint #29 and Second Declaration of Domingo J. Rivera filed by Defendants Internet Reputation Control, PRVT LLC, Domingo J Rivera, Rivera Law Group PLC. (Jurkowitz, Nicholas) |
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Filing 46
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Plaintiff Stewart Murrey, Ph.D. ("Plaintiff") has filed Oppositions to the Motions to Dismiss filed by defendants Domingo Rivera ("Rivera") (Docket No. 26), Rivera Law Group PLC ("Rivera Law") (Docket No. 27), Internet Reputation Control ("IRC") (Docket No. 28), and PRVT LLC ("PRVT") (Docket No. 29), in which he complains that those defendants filed their Motions to Dismiss in violation of Local Rule 7-3. Local Rule 7-3 provides: (see document for details). (mrgo)
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| Filing 45 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Response in Opposition to Motion, #40 , Objection/Opposition (Motion related), #41 , Objection/Opposition (Motion related), #42 . The following error(s) was/were found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. 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. (mrgo) |
| Filing 44 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #31 filed by Plaintiff Stewart Lucas Murrey. (Attachments: #1 Declaration DeclDrMurrey(1of6), #2 Declaration DeclDrMurrey(2of6), #3 Declaration DeclDrMurrey(3of6), #4 Declaration DeclDrMurrey(4of6), #5 Declaration DeclDrMurrey(5of6), #6 Declaration DeclDrMurrey(6of6), #7 Declaration DeclPetale)(Murrey, Stewart) |
| Filing 43 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss first amended complaint #29 filed by Plaintiff Stewart Lucas Murrey. (Attachments: #1 Declaration DeclDrMurrey(1of5), #2 Declaration DeclDrMurrey(2of5), #3 Declaration DeclDrMurrey(3of5), #4 Declaration DeclDrMurrey(4of5), #5 Declaration DeclDrMurrey(5of5), #6 Declaration DeclPetale)(Murrey, Stewart) |
| Filing 42 Opposition re: NOTICE OF MOTION AND MOTION to Dismiss first amended complaint #28 filed by Plaintiff Stewart Lucas Murrey. (Attachments: #1 Declaration DeclDrMurrey(1of5), #2 Declaration DeclDrMurrey(2of5), #3 Declaration DeclDrMurrey(3of5), #4 Declaration DeclDrMurrey(4of5), #5 Declaration DeclDrMurrey(5of5), #6 Declaration DeclPetale)(Murrey, Stewart) |
| Filing 41 OPPOSITION OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss first amended complaint #27 filed by Plaintiff Stewart Lucas Murrey. (Attachments: #1 Declaration DeclDrMurrey(1of5), #2 Declaration DeclDrMurrey(2of5), #3 Declaration DeclDrMurrey(3of5), #4 Declaration DeclDrMurrey(4of5), #5 Declaration DeclDrMurrey(5of5), #6 Declaration DeclPetale)(Murrey, Stewart) |
| Filing 40 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss first amended complaint #26 filed by Plaintiff Stewart Lucas Murrey. (Attachments: #1 Declaration DeclDrMurrey(1of5), #2 Declaration DeclDrMurrey(2of5), #3 Declaration DeclDrMurrey(3of5), #4 Declaration DeclDrMurrey(4of5), #5 Declaration DeclDrMurrey(4of5), #6 Declaration DeclPetale)(Murrey, Stewart) |
| Filing 39 NOTICE of Interested Parties filed by defendants Internet Reputation Control, PRVT LLC, Domingo J Rivera, Rivera Law Group PLC, identifying Domingo J. Rivera, Domingo J. Rivera, Attorney at Law, PLC, Internet Reputation Control, Inc., PRVT LLC. (Jurkowitz, Nicholas) |
| Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #37 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Certificate/Notice of Interested Parties. 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. (lom) |
| Filing 37 NOTICE of Interested Parties and Corporate Disclosure Statement filed by defendants Internet Reputation Control, PRVT LLC, Domingo J Rivera, Rivera Law Group PLC. (Jurkowitz, Nicholas) |
| Filing 36 NOTICE of Interested Parties filed by Defendant Digital Revolution LLC, Aaron Minc, Minc Law, Anthony Will, identifying Aaron Minc; Minc Law LLC; Anthony Will; & Digital Revolution, LLC. (Gingras, David) |
| Filing 35 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #31 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (mrgo) |
| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss first amended complaint #28 , NOTICE OF MOTION AND MOTION to Dismiss first amended complaint #27 , NOTICE OF MOTION AND MOTION to Dismiss first amended complaint #26 , NOTICE OF MOTION AND MOTION to Dismiss first amended complaint #29 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (mrgo) |
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Filing 34
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court grants Plaintiff's request for an extension to properly serve the defendants who have not yet appeared in the action. Plaintiff shall have until December 14, 2020, to file Proofs of Service establishing service of the Summons and 1st AC in accordance with the applicable requirements for service. After that date, if Plaintiff has not established service as provided by the applicable requirements for service, the Court will issue a further Order to Show Cause why any defendant who has not appeared and has not been properly served should not be dismissed for lack of prosecution pursuant to Rule 4(m). (SEE DOCUMENT FOR DETAILS) (mrgo)
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| Filing 32 NOTICE of Errata filed by Defendant Digital Revolution LLC, Aaron Minc, Minc Law, Anthony Will. (Attachments: #1 Declaration Declaration of Aaron Minc, #2 Declaration Declaration of Anthony Will)(Gingras, David) |
| Filing 31 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Digital Revolution LLC, Aaron Minc, Minc Law, Anthony Will. Motion set for hearing on 12/21/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Aaron Minc, #2 Declaration of Anthony Will, #3 Proposed Order) (Attorney David Scott Gingras added to party Digital Revolution LLC(pty:dft), Attorney David Scott Gingras added to party Aaron Minc(pty:dft), Attorney David Scott Gingras added to party Minc Law(pty:dft), Attorney David Scott Gingras added to party Anthony Will(pty:dft)) (Gingras, David) |
| Filing 30 DECLARATION of Domingo J. Rivera in support of NOTICE OF MOTION AND MOTION to Dismiss first amended complaint #28 , NOTICE OF MOTION AND MOTION to Dismiss first amended complaint #27 , NOTICE OF MOTION AND MOTION to Dismiss first amended complaint #26 , NOTICE OF MOTION AND MOTION to Dismiss first amended complaint #29 Corrected Declaration of Domingo J. Rivera filed by Defendants Internet Reputation Control, PRVT LLC, Domingo J Rivera, Rivera Law Group PLC. (Jurkowitz, Nicholas) |
| Filing 29 NOTICE OF MOTION AND MOTION to Dismiss first amended complaint filed by defendant PRVT LLC. Motion set for hearing on 12/21/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order) (Attorney Nicholas D Jurkowitz added to party PRVT LLC(pty:dft)) (Jurkowitz, Nicholas) |
| Filing 28 NOTICE OF MOTION AND MOTION to Dismiss first amended complaint filed by defendant Internet Reputation Control. Motion set for hearing on 12/21/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order) (Attorney Nicholas D Jurkowitz added to party Internet Reputation Control(pty:dft)) (Jurkowitz, Nicholas) |
| Filing 27 NOTICE OF MOTION AND MOTION to Dismiss first amended complaint filed by defendant Rivera Law Group PLC. Motion set for hearing on 12/21/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order) (Attorney Nicholas D Jurkowitz added to party Rivera Law Group PLC(pty:dft)) (Jurkowitz, Nicholas) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss first amended complaint filed by defendant Domingo J Rivera. Motion set for hearing on 12/21/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order) (Attorney Nicholas D Jurkowitz added to party Domingo J Rivera(pty:dft)) (Jurkowitz, Nicholas) |
| Filing 25 DECLARATION of DrStewartLucasMurrey filed by Plaintiff Stewart Lucas Murrey. (Attachments: #1 Proposed Order)(Murrey, Stewart) |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff Stewart Lucas Murrey, upon Defendant Tom Vitolo served on 11/2/2020, answer due 11/23/2020. Service of the Summons and Complaint were executed upon Tom Vitolo in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Murrey, Stewart) |
| Filing 23 PROOF OF SERVICE Executed by Plaintiff Stewart Lucas Murrey, upon Defendant Christian Tryon served on 11/2/2020, answer due 11/23/2020. Service of the Summons and Complaint were executed upon Christian Tryon in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Murrey, Stewart) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Stewart Lucas Murrey, upon Defendant Brandyourself.com Inc served on 11/2/2020, answer due 11/23/2020. Service of the Summons and Complaint were executed upon Brandyourself, Inc. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Murrey, Stewart) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Stewart Lucas Murrey, upon Defendant Internet Reputation Control served on 10/29/2020, answer due 11/19/2020. in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. Defendant Internet Reputation Control was served pursuant to Cal.CCP415.20(c) wherein an individual (including in this case Domingo J. Rivera who is responsible for said entity) can be served at a private mailbox through a commercial mail receiving agency and wherein the first amended summons and complaint were left in the manner described in the Business and Professions Code 17538.5(d) all of which applies within the Federal District of California. (Murrey, Stewart) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Stewart Lucas Murrey, upon Defendant PRVT LLC served on 10/29/2020, answer due 11/19/2020. in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. Defendant PRVT LLC was served pursuant to Cal.CCP415.20(c) wherein an individual (including in this case Domingo J. Rivera who is responsible for said entity) can be served at a private mailbox through a commercial mail receiving agency and wherein the first amended summons and complaint were left in the manner described in the Business and Professions Code 17538.5(d) all of which applies within the Federal District of California. (Murrey, Stewart) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Stewart Lucas Murrey, upon Defendant Rivera Law Group PLC served on 10/29/2020, answer due 11/19/2020. in compliance with California Code of Civil Procedure by personal service.Original Summons returned. Defendant Rivera Law Group, PLC, was served pursuant to Cal.CCP415.20(c) wherein an individual (including one responsible for said entity) can be served at a private mailbox through a commercial mail receiving agency and wherein the first amended summons and complaint were left in the manner described in the Business and Professions Code 17538.5(d) all of which applies within the Federal District of California. (Murrey, Stewart) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Stewart Lucas Murrey, upon Defendant Domingo J Rivera served on 10/29/2020, answer due 11/19/2020. in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. Defendant Domingo J. Rivera was served pursuant to Cal.CCP415.20(c) wherein an individual can be served through his or her private mailbox through a commercial mail receiving agency and wherein the first amended summons and complaint were left in the manner described in the Business and Professions Code 17538.5(d) and which are relevant within the Federal District of California. (Murrey, Stewart) |
| Filing 21 DECLARATION OF PLAINTIFF DR. STEWART LUCAS MURREY IN SUPPORT OF PLAINTIFF'S REQUEST FOR AN ORDER EXTENDING TIME TO SERVE DEFEDANTS filed by Plaintiff Stewart Lucas Murrey. (Attachments: #1 [Prop] Order)(lom) |
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Filing 16
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Absent a showing of good cause, an action must be dismissed without prejudice if the summons and complaint are not served on a defendant within 90 days after the complaint is filed. Fed. R. Civ. P. 4(m). In the present case, it appears that this time period has not been met. Accordingly, the Court, on its own motion, orders Plaintiff to show cause in writing on or before November 13, 2020, why this action should not be dismissed for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the Court finds that this matter is appropriate for submission without oral argument. The Order to Show Cause will stand submitted upon the filing of Plaintiff's response. Failure to respond to this Order may result in the imposition of sanctions, including but not limited to dismissal of the action without prejudice. (See document for details) (mrgo)
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| Filing 15 PROOF OF SERVICE Executed by Plaintiff Stewart Lucas Murrey, upon Defendant Anthony Will served on 10/7/2020, answer due 10/28/2020. Service of the Summons and Complaint were executed upon Anthony Will in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. After multiple services of this lawsuit and summons during August and September of 2020, self-acknowledged counsel for Anthony Will (David Gingras who clearly had been already in receipt of lawsuit and summons before 28 September 2020) was again served per email another copy of said lawsuit and summons on 7 October 2020. (Murrey, Stewart) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Stewart Lucas Murrey, upon Defendant Digital Revolution LLC served on 10/7/2020, answer due 10/28/2020. Service of the Summons and Complaint were executed upon Digital Revolution LLC a.k.a. Reputation Resolutions in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. After multiple services of this lawsuit and summons during August and September of 2020, self-acknowledged counsel for Digital Revolution LLC a.k.a. Reputation Resolutions (David Gingras who clearly had been already in receipt of lawsuit and summons before 28 September 2020) was again served per email another copy of said lawsuit and summons on 7 October 2020. (Murrey, Stewart) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Stewart Lucas Murrey, upon Defendant Aaron Minc served on 10/7/2020, answer due 10/28/2020. Service of the Summons and Complaint were executed upon Aaron Minc in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. After multiple services of this lawsuit and summons during August and September of 2020, self-acknowledged counsel for Aaron Minc (David Gingras who clearly had been already in receipt of lawsuit and summons before 28 September 2020) was again served per email another copy of said lawsuit and summons on 7 October 2020. (Murrey, Stewart) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Stewart Lucas Murrey, upon Defendant Minc Law served on 10/7/2020, answer due 10/28/2020. Service of the Summons and Complaint were executed upon Minc Law, a business entity in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. After multiple services of this lawsuit and summons during August and September of 2020, self-acknowledged counsel for Minc Law (who clearly had been already in receipt of lawsuit and summons before 28 September 2020) was again served per email another copy of said lawsuit and summons on 7 October 2020. (Murrey, Stewart) |
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Filing 11
ORDER by Judge Percy Anderson: granting #8 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (mrgo)
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| Filing 10 21 DAY Summons Issued re First Amended Complaint, #9 as to defendants Brandyourself.com Inc, Digital Revolution LLC, Internet Reputation Control, Elizabeth Jordan, Aaron Minc, Minc Law, PRVT LLC, Domingo J Rivera, Rivera Law Group PLC, Christian Tryon, Tom Vitolo, Anthony Will. (mrgo) |
| Filing 9 FIRST AMENDED COMPLAINT against defendants Aaron Minc, Minc Law, Domingo J Rivera, Rivera Law Group PLC, PRVT LLC, Elizabeth Jordan, Internet Reputation Control, Anthony Will, Digital Revolution LLC, Brandyourself.com Inc, Tom Vitolo, Christian Tryon, John Doe. Party WWW.Cheaterreport.com terminated, amending Complaint - (Discovery), #1 , filed by plaintiff Stewart Lucas Murrey. (mrgo) |
| Filing 8 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiff Stewart Lucas Murrey. (mrgo) |
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Filing 7
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court is in receipt of the Complaint filed by plaintiff Dr. Steward Lucas Murrey (Plaintiff), who is appearing pro se. Plaintiff's Complaint contains claims for defamation and violations of California's statutory and common law rights of publicity. The Complaint does not assert a federal claim or properly allege the statutory or other basis for the exercise of jurisdiction required by Federal Rule of Civil Procedure 8(a) and Local Rule 8-1. Nor does the Complaint otherwise allege a basis for the Court's subject matter jurisdiction. Accordingly, the Court dismisses Plaintiff's Complaint for lack of subject matter jurisdiction. Therefore, the Court grants Plaintiff leave to amend the Complaint to establish federal subject matter jurisdiction. Plaintiff's First Amended Complaint, if any, is to be filed by August 3, 2020. The failure to file a First Amended Complaint by that date or to adequately allege the basis for the Court's jurisdiction may, without further warning, result in the dismissal of this action without prejudice. See minute order for details. (lom)
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Filing 6
SELF-REPRESENTATION ORDER by Judge Percy Anderson. [See Order for further details.] (et)
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Filing 5
STANDING ORDER by Judge Percy Anderson. 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 Percy Anderson. [See Order for further details.] (et)
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| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Steve Kim. (esa) |
| Filing 2 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by plaintiff Stewart Lucas Murrey. (esa) |
| Filing 1 COMPLAINT against defendants Does, WWW.Cheaterreport.com. Case assigned to Judge Percy Anderson for all further proceedings. Discovery referred to Magistrate Judge Steve Kim, (Filing fee $ 400 paid), Jury Demanded, filed by plaintiff Stewart Lucas Murrey. (Attachments: #1 CV71) (esa) |
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