Timothy John Kibbey v. James Andrew Kibbey
| Timothy John Kibbey |
| Ttee James Andrew Kibbey and James Andrew Kibbey |
| Luke John Kibbey, Michael Joseph Kibbey and Margaret Elaine Kibbey-Crawford |
| 2:2021cv01479 |
| February 18, 2021 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| R Gary Klausner |
| Other Fraud |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 21
(IN CHAMBERS) Order Re: Ex Parle Application for Clerk to Enter Default Against Defendant [DE #20 ] by Judge R. Gary Klausner: The Court therefore denies without prejudice Plaintiff's application for default. In addition, for the Court or the Clerk to enter default, Plaintiff must file an amended complaint that correctly states his name. Thus, the Court grants Plaintiff leave to file an amended complaint to correct this error-no other amendments to the complaint will be permitted. From there, the Court will afford Plaintiff one more opportunity to correctly request an entry of default. If Plaintiff fails yet again, the case will be dismissed without prejudice. Plaintiff shall file his amended complaint within 3 days of this Order's issuance. (See Civil Minutes for further specifics). (jp)
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| Filing 20 EX PARTE APPLICATION for Clerk to Enter Default against Defendant James Andrew Kibbey filed by Plaintiff Timothy John Kibbey. (Attachments: #1 Affidavit Affidavit ISO Default, #2 Proposed Order Entry of Default) (Balsamo, Dennis) |
| Filing 19 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Timothy John Kibbey, upon Defendant Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. Amended Affidavit of Service (Balsamo, Dennis) |
| Filing 18 NOTICE OF DEFICIENCY Re: THIRD APPLICATION for Clerk to Enter Default against Defendant James Andrew Kibbey #17 . The Clerk cannot enter the requested relief as: (1) The name of the Defendant served does not exactly match the person named in complaint; and also Plaintiff last name doesn't match with the Complaint. (3) Request for Entry of Default has been forwarded to the assigned Judge. (jp) |
| Filing 17 APPLICATION for Clerk to Enter Default against Defendant James Andrew Kibbey filed by Plaintiff Timothy John Kibbey. (Attachments: #1 Affidavit Aff ISO Default, #2 Proposed Order Entry of Default) (Balsamo, Dennis) |
| Filing 16 Notice of Errata filed by Plaintiff Timothy John Kibbey re: Complaint (Attorney Civil Case Opening) #1 , Summons Request #2 (Balsamo, Dennis) |
| Filing 15 NOTICE OF DEFICIENCY Re: EX PARTE APPLICATION for Clerk to Enter Default against Defendant James Andrew Kibbey #14 . The Clerk cannot enter the requested relief as: (1) The name of the person served does not exactly match the person named in complaint. (2) Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (jp) |
| Filing 14 EX PARTE APPLICATION for Clerk to Enter Default against Defendant James Andrew Kibbey filed by Plaintiff Timothy John Kibbey. (Attachments: #1 Affidavit, #2 Proposed Order) (Balsamo, Dennis) |
| Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #12 . The following error(s) was/were found: (1) Incorrect event selected. Correct event to be used is: Clerk to Enter Default - under Category - Applications/Ex Parte Applications/Motions/Petitions/Requests. (2) Incomplete docket text; missing name of event and text content. 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. (jp) |
| Filing 12 (Attachments: #1 Affidavit Aff in Support of Entry of Default, #2 Proposed Order Entry of Default)(Balsamo, Dennis) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Timothy John Kibbey, upon Defendant James Andrew Kibbey served on 2/26/2021, answer due 3/19/2021. Service of the Summons and Complaint were executed upon James Andrew Kibbey in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. . (Balsamo, Dennis). Modified on 3/26/2021 (jp). |
| Filing 10 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Timothy John Kibbey, upon Interested Party Luke John Kibbey served on 2/22/2021, answer due 3/24/2021; Michael Joseph Kibbey served on 2/22/2021, answer due 3/24/2021; Margaret Elaine Kibbey-Crawford served on 2/22/2021, answer due 3/24/2021. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Balsamo, Dennis) |
| Filing 9 DECLARATION of Timothy Kibbey Re Interest Parties filed by Plaintiff Timothy John Kibbey. (Balsamo, Dennis) |
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Filing 8
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw)
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| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening. 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. (lh) |
| Filing 6 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant James Andrew Kibbey. (lh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Jacqueline Chooljian. (lh) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Timothy John Kibbey. (Balsamo, Dennis) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Timothy John Kibbey. (Attachments: #1 Summons)(Balsamo, Dennis) |
| Filing 1 COMPLAINT Receipt No: ACACDC-30596244 - Fee: $402, filed by Plaintiff Timothy John Kibbey. (Attorney Dennis James Balsamo added to party Timothy John Kibbey(pty:pla))(Balsamo, Dennis) |
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