Spencer Elden v. Nirvana L.L.C. et al
| Spencer Elden |
| Nirvana L.L.C., UNIVERSAL MUSIC GROUP, INC., d/b/a INTERSCOPE RECORDS, The David Geffen Company, Geffen Records, Warner Records, Inc., MCA Music Inc, Kirk Weddle, Kurt Cobain Estate of, Courtney Love, Heather Parry, Guy Oseary, Krist Novoselic, Chad Channing, David Grohl, Robert Fisher, Universal Music Group, Inc., Kurt Cobain, MCA Records, Inc. and UMG Recordings, Inc. |
| 2:2021cv06836 |
| August 24, 2021 |
| US District Court for the Central District of California |
| Fernando M Olguin |
| Alicia G Rosenberg |
| P.I.: Other |
| 28 U.S.C. § 1391 Personal Injury |
| Plaintiff |
Docket Report
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| Filing 57 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 22-55822 assigned to Notice of Appeal to 9th Circuit Court of Appeals #56 as to Plaintiff Spencer Elden. (iv) |
| Filing 56 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Spencer Elden. Appeal of Judgment #55 , Order on Motion to Dismiss, #54 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-33927793.) (Lewis, Robert) |
| Filing 55 JUDGMENT by Judge Fernando M. Olguin. IT IS ADJUDGED that the above-captioned action is dismissed with prejudice. (yl) |
Filing 54
ORDER RE: PENDING MOTION #30 by Judge Fernando M. Olguin. Based on the foregoing, IT IS ORDERED THAT: Defendants' Motion to Dismiss Second Amended Complaint (Document No. #30 ) is granted. The above-captioned action is dismissed with prejudice. Judgment shall be entered accordingly. (See document for further details) (yl)
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Filing 53
STIPULATED PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg. NOTE CHANGES MADE BY COURT. re Stipulation for Protective Order #52 . (See Order for Further Details). (kl)
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| Filing 52 STIPULATION for Protective Order filed by Defendants David Grohl, Courtney Love, Nirvana L.L.C., Krist Novoselic, UMG Recordings, Inc., Kirk Weddle.(Kim, Nary) |
| Filing 51 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. In light of the court issuing the Case Management Order #49 , the Motion for Entry of Scheduling Order #48 is denied as moot and the 6/30/2022 hearing is vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
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Filing 50
ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge Fernando M. Olguin. (gga)
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Filing 49
SCHEDULING AND CASE MANAGEMENT ORDER RE: JURY TRIAL by Judge Fernando M. Olguin. PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. The final pretrial conference and hearing on motions in limine is scheduled for June 2, 2023, at 10:00 a.m. The trial is scheduled to begin on June 20, 2023, at 9:00 a.m. (iv)
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| Filing 48 Joint NOTICE OF MOTION AND MOTION for Order for Motion for Entry of Scheduling Order filed by Defendants Geffen Records, David Grohl, Courtney Love, MCA Records, Inc., Nirvana L.L.C., Krist Novoselic, The David Geffen Company, UMG Recordings, Inc., Universal Music Group, Inc., Kirk Weddle. Motion set for hearing on 6/30/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Kim, Nary) |
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Filing 47
ORDER by Judge Fernando M. Olguin: Granting Application of Non-Resident Attorney Margaret Mabie to Appear Pro Hac Vice on behalf of Plaintiff Spencer Elden, designating Robert Lewis as local counsel #45 . (iv)
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Filing 46
ORDER by Judge Fernando M. Olguin: Granting Application of Non-Resident Attorney James Marsh to Appear Pro Hac Vice on behalf of Plaintiff Spencer Elden, designating Robert Lewis as local counsel #44 . (iv)
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| Filing 45 Second APPLICATION of Non-Resident Attorney Margaret E. Mabie to Appear Pro Hac Vice on behalf of Plaintiff Spencer Elden (Pro Hac Vice Fee - $500 Previously Paid on 3/14/2022, Receipt No. 32941387) filed by plaintiff Spencer Elden. (Attachments: #1 Proposed Order Proposed Order, #2 Affidavit Affirmation) (Lewis, Robert) |
| Filing 44 Second APPLICATION of Non-Resident Attorney James R. Marsh to Appear Pro Hac Vice on behalf of Plaintiff Spencer Elden (Pro Hac Vice Fee - $500 Previously Paid on 3/14/2022, Receipt No. 32941063) filed by plaintiff Spencer Elden. (Attachments: #1 Proposed Order Proposed Order, #2 Affidavit Affirmation) (Lewis, Robert) |
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Filing 43
ORDER by Judge Fernando M. Olguin: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Application of Non-Resident Attorney (PHV) #39 , #40 , for the following reasons: For the reasons stated in the NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED PRO HAC VICE APPLICATION (G-112C). (iv)
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| Filing 42 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: First APPLICATION of Non-Resident Attorney Margaret E. Mabie to Appear Pro Hac Vice on behalf of Plaintiff Spencer Elden (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32941387) #40 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(b) Proposed order not attached. Page 3 regarding local counsel is blank and phv attorney has not signed application. Document is not flattened and is causing a corruption in opening the application. (lt) |
| Filing 41 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: First APPLICATION of Non-Resident Attorney James R. Marsh to Appear Pro Hac Vice on behalf of Plaintiff Spencer Elden (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. BCACDC-32941063) #39 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(b) Proposed order not attached. Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. Other error(s) with document(s): Local counsel has address listed in CM in NY, State Bar has him in KS and the application has him in CA. (lt) |
| Filing 40 **STRICKEN** First APPLICATION of Non-Resident Attorney Margaret E. Mabie to Appear Pro Hac Vice on behalf of Plaintiff Spencer Elden (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32941387) filed by plaintiff Spencer Elden. (Attachments: #1 Appendix Certificate of Good Standing) (Lewis, Robert) Modified on 3/15/2022 Per Order #43 (iv). |
| Filing 39 **STRICKEN** First APPLICATION of Non-Resident Attorney James R. Marsh to Appear Pro Hac Vice on behalf of Plaintiff Spencer Elden (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. BCACDC-32941063) filed by plaintiff Spencer Elden. (Attachments: #1 Appendix Certificate of Good Standing, #2 Appendix Certificate of Good Standing, #3 Appendix Certificate of Good Standing) (Lewis, Robert) Modified on 3/15/2022 Per Order #43 (iv). |
| Filing 38 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. The court vacates the Scheduling Conference set for March 3, 2022. No appearances required on that date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
| Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Rule 26 Report #35 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - Other Filings - Pretrial and Trial Documents -Joint Report Rule 26(f) Discovery Plan. 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. (iv) |
| Filing 36 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Dismiss Second Amended Complaint #30 , currently set for hearing on February 24, 2022, is taken off calendar and placed under submission. No appearances are required on that date. The court may order further briefing or other proceedings, at any time, as appropriate. Order to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
| Filing 35 [JOINT RULE 26(F) REPORT AND DISCOVERY PLAN filed as] Report Meeting Report of Rule 26(f) filed by Plaintiff Spencer Elden. (Lewis, Robert) Modified on 2/18/2022 (iv). |
| Filing 34 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #30 filed by Defendants Geffen Records, David Grohl, Courtney Love, MCA Records, Inc., Nirvana L.L.C., Krist Novoselic, The David Geffen Company, UMG Recordings, Inc., Universal Music Group, Inc., Kirk Weddle. (Attachments: #1 Supplemental Declaration of Nary Kim, #2 Request for Judicial Notice, #3 Proposed Order Granting Request for Judicial Notice)(Deixler, Bert) |
| Filing 33 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #30 Plaintiff Spencer Elden's Response to Defendants' Motion to Dismiss filed by Plaintiff Spencer Elden. (Attachments: #1 Exhibit Plaintiff's Request for Judicial Notice, #2 Declaration Dec of Robert Y. Lewis ISO Plaintiff's Request for Judicial Notice, #3 Proposed Order Proposed Order Granting Plaintiff's Request for Judicial Notice)(Lewis, Robert) |
| Filing 32 Defendants' Notice of Interested Parties and Disclosure Statement of Interested Parties filed by defendants Geffen Records, David Grohl, Courtney Love, MCA Records, Inc., Nirvana L.L.C., Krist Novoselic, The David Geffen Company, UMG Recordings, Inc., Universal Music Group, Inc., Kirk Weddle, identifying Universal Music Group, N.V. (Corporate Parent of Universal Music Group, Inc. and UMG Recordings, Inc.) Interested Parties are Spencer Elden (Plaintiff) UMG Recordings, Inc. (corporate Defendant) Universal Music Group, Inc. (corporate Defendant) Nirvana, L.L.C. (corporate Defendant) Courtney Love, as Executor of the Estate of Kurt Cobain (individual Defendant) Krist Novoselic (individual Defendant) David Grohl (individual Defendant) Kirk Weddle (individual Defendant) End of Music, LLC (governor of Nirvana, L.L.C.). (Deixler, Bert) |
| Filing 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss #30 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Compliance with Local Rule 7.1-1 is required no later than February 1, 2022. 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. (iv) |
| Filing 30 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendants Geffen Records, David Grohl, Courtney Love, MCA Records, Inc., Nirvana L.L.C., Krist Novoselic, The David Geffen Company, UMG Recordings, Inc., Universal Music Group, Inc., Kirk Weddle. Motion set for hearing on 2/24/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Nary Kim, #2 Proposed Order Granting Motion to Dismiss, #3 Request for Judicial Notice, #4 Proposed Order Granting Request for Judicial Notice) (Deixler, Bert) |
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Filing 29
ORDER by Judge Fernando M. Olguin: Granting Application of Non-Resident Attorney Emilio Nicolas to Appear Pro Hac Vice on behalf of Defendant Kirk Weddle, designating Nary Kim as local counsel #27 . (iv)
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Filing 28
ORDER by Judge Fernando M. Olguin: Granting Application of Non-Resident Attorney Joshua Romero to Appear Pro Hac Vice on behalf of Defendant Kirk Weddle, designating Nary Kim as local counsel #26 . (iv)
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| Filing 27 APPLICATION of Non-Resident Attorney Emilio B. Nicolas to Appear Pro Hac Vice on behalf of Defendant Kirk Weddle (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32638298) filed by Defendant Kirk Weddle. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney To Appear In A Specific Case Pro Hac Vice) (Kim, Nary) |
| Filing 26 APPLICATION of Non-Resident Attorney Joshua A. Romero to Appear Pro Hac Vice on behalf of Defendant Kirk Weddle (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32637645) filed by Defendant Kirk Weddle. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney To Appear In A Specific Case Pro Hac Vice) (Kim, Nary) |
| Filing 25 SECOND AMENDED COMPLAINT against Defendants Geffen Records, David Grohl, Courtney Love, MCA Records, Inc., Nirvana L.L.C., Krist Novoselic, The David Geffen Company, UMG Recordings, Inc., Universal Music Group, Inc., Kirk Weddle amending Amended Complaint/Petition, #19 , Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Spencer Elden (Attachments: #1 Declaration Declaration and Exhibits)(Lewis, Robert) |
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Filing 24
ORDER by Judge Fernando M. Olguin. IT IS ORDERED THAT: 1. Defendant's Motion to Dismiss First Amended Complaint (Document No. #21 ) is granted, and the hearing on defendant's Motion, currently set for January 20, 2022, is hereby vacated. 2. The First Amended Complaint is dismissed with leave to amend. 3. If plaintiff still wishes to pursue this action, he is granted until January 13, 2022, to file a Second Amended Complaint attempting to cure, to the extent he believes is warranted by existing law, the alleged defects outlined in defendants' Motion. 4. The Second Amended Complaint must be labeled "Second Amended Complaint," filed in compliance with Local Rule 3-2 and contain the case number assigned to the case, i.e., Case No. CV 14-2818 FMO (PLAx). 5. Plaintiff is cautioned that failure to timely file a Second Amended Complaint shall result in this action being dismissed without prejudice for failure to prosecute and/or failure to comply with a court order. 6. Any defendant shall file its Answer to the Second Amended Complaint or a motion pursuant to Fed. R. Civ. P. 12 no later than January 27, 2022. 7. In the event defendants wish to file another motion to dismiss, then counsel for the parties shall, on January 20, 2022, at 10:00 a.m. meet and confer in person or via video conference to discuss defendants' motion to dismiss. See order for details. (lom)
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Filing 23
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Rule 26 Meeting Report due by 2/17/2022. Scheduling Conference set for 3/3/2022 at 10:00 AM before Judge Fernando M. Olguin. (gga)
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| Filing 22 NOTICE OF DISMISSAL filed by plaintiff Spencer Elden pursuant to FRCP 41a(1) (a)(i) as to Robert Fisher. (Lewis, Robert) |
| Filing 21 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint (Fed. R. Civ. P. 12(B)(6)) filed by Defendants Kurt Cobain, Geffen Records, David Grohl, Courtney Love, MCA Records, Inc., Nirvana L.L.C., Krist Novoselic, The David Geffen Company, UMG Recordings, Inc., Universal Music Group, Inc., Kirk Weddle. Motion set for hearing on 1/20/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Nary Kim, #2 Proposed Order re Motion to Dismiss, #3 Request for Judicial Notice, #4 Proposed Order re Request for Judicial Notice) (Attorney Bert H Deixler added to party MCA Records, Inc.(pty:dft), Attorney Bert H Deixler added to party UMG Recordings, Inc.(pty:dft)) (Deixler, Bert) |
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Filing 20
MINUTES (IN CHAMBERS) ORDER RE: STIPULATION #17 , #18 by Judge Fernando M. Olguin. *See Order for Details.* (iv)
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| Filing 19 FIRST AMENDED COMPLAINT against Defendant Kurt Cobain, Robert Fisher, Geffen Records, David Grohl, Courtney Love, Nirvana L.L.C., Krist Novoselic, The David Geffen Company, Universal Music Group, Inc., Kirk Weddle, MCA Records, Inc. amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Spencer Elden(Lewis, Robert) |
| Filing 18 Second STIPULATION for Order Stipulation to Accept Service by Email and Setting Date for Responding to Amended Complaint filed by plaintiff Spencer Elden. (Attachments: #1 Proposed Order Proposed Order based on Stipulation)(Lewis, Robert) |
| Filing 17 First STIPULATION for Order Stipulation to Accept Service by Email and Setting Date for Responding to Amended Complaint filed by plaintiff Spencer Elden. (Attachments: #1 Proposed Order Proposed Order based on Stipulation)(Lewis, Robert) |
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Filing 16
ORDER by Judge Fernando M. Olguin: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Stipulation #15 , for the following reasons: Document not properly formatted pursuant to Local Rule 11-3.2. A proposed order was not submitted to the chambers e-mail (FMO_Chambers@cacd.uscourts.gov) pursuant to Local Rule 5-4.4.2. (iv)
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| Filing 15 **STRICKEN** First STIPULATION for Order RE SERVICE AND FILING OF FIRST AMENDED COMPLAINT filed by plaintiff Spencer Elden. (Attachments: #1 Proposed Order Proposed Order based on Stipulation)(Lewis, Robert) Modified on 11/15/2021 Per Order #16 (iv). |
| Filing 14 NOTICE filed by plaintiff Spencer Elden. Notice of Eratta re Stipulation and Proposed Order (Lewis, Robert) |
| Filing 13 First STIPULATION for Order Stipulation to Accept Service by Email and Setting Date for Responding to Amended Complaint filed by plaintiff Spencer Elden. (Attachments: #1 Proposed Order Proposed Order based on Stipulation)(Lewis, Robert) |
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Filing 12
ORDER by Judge Fernando M. Olguin: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Stipulation #10 , for the following reasons: Proposed Document was not submitted as separate attachment. (iv)
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| Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation #10 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (iv) |
| Filing 10 **STRICKEN** First STIPULATION for Extension of Time to File Proof of Service filed by plaintiff Spencer Elden.(Lewis, Robert) Modified on 11/12/2021 per Order #12 (iv). |
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Filing 9
NOTICE OF DISCREPANCY AND ORDER: by Judge Fernando M. Olguin, ORDERING Motion to Intervene as Defendant received on 10/22/2021 is not to be filed but instead rejected. Denial based on: Local Rule 6-1 Written notice of motion lacking or timeliness of notice incorrect. (iv)
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| Filing 8 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
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Filing 7
ORDER RE: INITIAL PROCEEDINGS by Judge Fernando M. Olguin. *See Order for Details.* (iv)
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| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Alicia G. Rosenberg. (car) |
| Filing 3 NOTICE of Interested Parties filed by plaintiff Spencer Elden, (Lewis, Robert) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Spencer Elden. (Lewis, Robert) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31866596 - Fee: $402, filed by plaintiff Spencer Elden. (Attorney Robert Yancy Lewis added to party Spencer Elden(pty:pla))(Lewis, Robert) |
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