Ashley Lindsay Smithline v. Brian Warner et al
Plaintiff: Ashley Lindsay Morgan Smithline
Defendant: Marilyn Manson Records, Inc., Brian Warner and Marilyn Manson
Case Number: 2:2021cv05289
Filed: June 29, 2021
Court: US District Court for the Central District of California
Presiding Judge: Fernando L Aenlle-Rocha
Referring Judge: Margo A Rocconi
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question: Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 5, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2022 Filing 27 MINUTES (IN CHAMBERS) by Judge Fernando L. Aenlle-Rocha: MOTION GRANTING COUNSEL JAY D. ELLWANGER'S MOTION TO WITHDRAW REPRESENTATION #23 ; AND STAYING ACTION FOR 60 DAYS. The Motion came to hearing on September 30, 2022. Dkt. 26. The court conducted an ex parte in-camera hearing outside the presence of counsel for Defendants. See id. Plaintiff did not appear for the hearing or file an opposition to the Motion. After considering all evidence presented and in light of Plaintiffs non-opposition to the Motion, the court GRANTS the Motion and APPROVES counsel Ellwanger's request to withdraw as counsel for Plaintiff. The court has received a physical mailing address for Plaintiff from counsel Ellwanger, which it will use for all further communications with Plaintiff. If Plaintiff wishes the court to contact her using a different address, she may submit a notification of change of address directly to the court. (SEE DOCUMENT FOR email address). Given the circumstances of this action and Plaintiffs Given the circumstances of this action and Plaintiff's allegations, the court SEALS Plaintiff's address. Ellwanger shall provide Plaintiff's physical mailing address to Defendants' counsel. The court ORDERS Defendants counsel to treat Plaintiffs address as confidential information with an attorneyseyes-only designation, not to disclose Plaintiffs address to Defendants or any third party, and to redact Plaintiff's address from all public filings until further order by this court. Plaintiff is advised that all paper filings to the court should be mailed to the United States District Court for the Central District of California at the address: 255 East Temple St.,Suite 180, Los Angeles, CA 90012. The court further advises Plaintiff to review the Filing Procedures section of the courts website. The court STAYS the action, including all discovery deadlines, by 60 days to allow Plaintiff to retain new counsel. Plaintiff is ORDERED to file by December 5, 2022, either: (1) a notice of substitution of counsel, or (2) a status report regarding her readiness to litigate this action in pro se. Plaintiff is advised that the court may dismiss the action without prejudice, pursuant to Fed. R. Civ. P. 41(b), if she fails to file a response by December 5, 2022. The court reporters notes of the ex parte in-camera hearing shall remain under seal until further order by this court. Counsel Ellwanger shall provide a copy of this Order to Plaintiff. (lc)
September 30, 2022 Filing 26 MINUTES OF ; Motion Hearing held before Judge Fernando L. Aenlle-Rocha: RE MOTION OF JAY D. ELLWANGER TO WITHDRAW AS ATTORNEY FOR PLAINTIFF ASHLEY LINDSAY MORGAN SMITHLINE #23 . The transcript of the in-camera proceeding is SEALED. No party or individual may obtain a complete copy of the transcript of the in-camera proceedings without order of the court.Out of the presence of counsel for Defendant: The court orders the courtroom sealed, locked. The court conducts an in-camera hearing. The in-camera hearing concludes. In the presence of counsel for the Defendant the court invites counsel to argue the motion. The motion is taken under submission and a written order will issue. Court Reporter: Laura Elias. (lc)
September 29, 2022 Opinion or Order Filing 25 (IN CHAMBERS) ORDER CHANGING THE TIME FOR HEARING ON THE MOTION OF JAY D. ELLWANGER TO WITHDRAW AS ATTORNEY FOR PLAINTIFF ASHLEY LINDSAY MORGAN SMITHLINE by Judge Fernando L. Aenlle-Rocha: The TIME for hearing on the Motion of Jay D. Ellwanger to Withdraw as Attorney for Plaintiff Ashley Lindsay Morgan Smithline (Dkt. #23 ) is ADVANCED from 1:30 p.m. to 1:00 p.m. on September 30, 2022, in Courtroom 6B. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
September 6, 2022 Filing 24 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION of Jay D. Ellwanger to Withdraw as Attorney #23 filed by Defendant Brian Warner. (King, Howard)
August 27, 2022 Filing 23 NOTICE OF MOTION AND MOTION of Jay D. Ellwanger to Withdraw as Attorney filed by Plaintiff Ashley Lindsay Morgan Smithline. Motion set for hearing on 9/30/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Declaration Declaration of Jay D. Ellwanger, #2 Proposed Order) (Ellwanger, Jay)
July 18, 2022 Filing 22 NOTICE of Association of Counsel associating attorney Howard E. King, John G. Snow and Jackson S. Trugman on behalf of Defendants Marilyn Manson Records, Inc., Brian Warner. Filed by Defendants Marilyn Manson Records, Inc., Brian Warner (Williams, Gene)
March 15, 2022 Opinion or Order Filing 21 ORDER RE: SCHEDULE OF PRETRIAL AND TRIAL DATES, TRIAL REQUIREMENTS, AND CONDUCT OF ATTORNEYS AND PARTIES by Judge Fernando L. Aenlle-Rocha: Final Pretrial Conference set for 6/9/2023 01:00 PM; Jury Trial set for 6/27/2023 08:30 AM ; Motion in Limine set for hearing on 6/9/2023 at 01:00 PM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
March 15, 2022 Opinion or Order Filing 20 ORDER/REFERRAL to ADR Procedure No 3 by Judge Fernando L. Aenlle-Rocha. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 05/05/2023. (tf)
March 15, 2022 Filing 19 (IN CHAMBERS) ORDER by Fernando L. Aenlle-Rocha: The court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the court VACATES the March 25, 2022, Scheduling Conference. Order re Jury/Court Trial to issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
March 14, 2022 Filing 18 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 6-8 days, filed by Plaintiff Ashley Lindsay Morgan Smithline.. (Attachments: #1 Scheduling Worksheet, #2 Affidavit, #3 Proposed Order)(Ellwanger, Jay)
February 25, 2022 Opinion or Order Filing 17 ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 3/25/2022 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (tf)
October 21, 2021 Filing 16 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendants Marilyn Manson Records, Inc., Brian Warner.(Williams, Gene)
October 1, 2021 Opinion or Order Filing 15 ORDER GRANTING JOINT STIPULATION FOR DEFENDANTS TO EXTEND TIME TO FILE A RESPONSE TO PLAINTIFF'S COMPLAINT #14 by Judge Fernando L. Aenlle-Rocha: The Court continues Defendants Brain Warner and Marilyn Manson Records, Inc.'s deadline to file a responsive pleading to the earlier of (1) December 3, 2021 or (2) 14 days after the court issues its ruling on Defendants' Motion to Dismiss in Bianco. (lc)
September 28, 2021 Filing 14 Joint STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Marilyn Manson Records, Inc., Brian Warner. (Attachments: #1 Proposed Order)(Williams, Gene)
September 27, 2021 Opinion or Order Filing 13 (IN CHAMBERS) ORDER STRIKING STIPULATION TO EXTEND TIME TO FILE A RESPONSE TO PLAINTIFF'S COMPLAINT (DKT. #12 ) by Judge Fernando L. Aenlle-Rocha: The Court STRIKES the parties Stipulation to Extend Time to File A Response to Plaintiff's Complaint for failure to attest on the signature page of the document that all other signatories listed, who electronically signed with a "s" and on whose behalf the filing is submitted, concur in the content of and have authorized the filing. See Local Rule 5-4.3.4. Any renewed stipulation must comply with all applicable statutes and Local Rules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf)
September 24, 2021 Filing 12 Joint STIPULATION Extending Time to Answer the complaint as to Marilyn Manson Records, Inc. answer now due 10/1/2021; Brian Warner answer now due 10/1/2021, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Marilyn Manson Records, Inc.; Brian Warner. (Attachments: #1 Proposed Order)(Williams, Gene)
September 24, 2021 Filing 11 Certification and NOTICE of Interested Parties filed by Defendants Marilyn Manson Records, Inc., Brian Warner, (Attorney Gene F Williams added to party Marilyn Manson Records, Inc.(pty:dft), Attorney Gene F Williams added to party Brian Warner(pty:dft))(Williams, Gene)
July 22, 2021 Filing 10 WAIVER OF SERVICE Returned Executed filed by Plaintiff Ashley Lindsay Morgan Smithline. upon Marilyn Manson Records, Inc. waiver sent by Plaintiff on 7/9/2021, answer due 9/7/2021; Brian Warner waiver sent by Plaintiff on 7/9/2021, answer due 9/7/2021. Waiver of Service signed by John G. Snow. (Attachments: #1 Supplement)(Ellwanger, Jay)
July 6, 2021 Opinion or Order Filing 9 INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (vv)
July 1, 2021 Opinion or Order Filing 8 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:21-cv-03677 FLA(MARx). Case transferred from Judge R. Gary Klausner and Magistrate Judge Alexander F. MacKinnon to Judge Fernando L. Aenlle-Rocha and Magistrate Judge Margo A. Rocconi for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-05289 FLA(MARx). Signed by Judge Fernando L. Aenlle-Rocha (rn)
July 1, 2021 Filing 7 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Order Setting Scheduling Conference #5 issued in this case in error, parties shall disregard. (jp)
July 1, 2021 Opinion or Order Filing 6 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw)
July 1, 2021 Opinion or Order Filing 5 ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 9/20/2021. Scheduling Conference set for 9/27/2021 at 9:00 am. (sw)
June 30, 2021 Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
June 30, 2021 Filing 3 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Alexander F. MacKinnon. (lh)
June 29, 2021 Filing 2 CERTIFICATE of Interested Parties filed by Plaintiff Ashley Lindsay Morgan Smithline, (Ellwanger, Jay)
June 29, 2021 Filing 1 COMPLAINT Receipt No: ACACDC-31550054 - Fee: $402, filed by Plaintiff Ashley Lindsay Morgan Smithline. (Attachments: #1 Civil Cover Sheet) (Attorney Jay David Ellwanger added to party Ashley Lindsay Morgan Smithline(pty:pla))(Ellwanger, Jay)

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Defendant: Marilyn Manson Records, Inc.
Represented By: Gene F Williams
Represented By: Laurie DeYoung
Represented By: Debra Ellwood Meppen
Represented By: Howard E King
Represented By: Jackson Samuel Trugman
Represented By: John G. Snow
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Defendant: Brian Warner
Represented By: Gene F Williams
Represented By: Debra Ellwood Meppen
Represented By: Howard E King
Represented By: Jackson Samuel Trugman
Represented By: John G. Snow
Represented By: Laurie DeYoung
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Defendant: Marilyn Manson
Represented By: Gene F Williams
Represented By: Debra Ellwood Meppen
Represented By: Howard E King
Represented By: Jackson Samuel Trugman
Represented By: John G. Snow
Represented By: Laurie DeYoung
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Plaintiff: Ashley Lindsay Morgan Smithline
Represented By: Jay David Ellwanger
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