Kiley Deliefde Swaine v. City of Torrance et al
| Kiley Deliefde Swaine |
| City of Torrance, Cody Weldin, Christopher Tomsic, Does 1 through 10, inclusive, Van Lingen Towing, Inc., Van Lingen Body Shop, Inc. and Robert Van Lingen |
| 2:2022cv00404 |
| January 19, 2022 |
| US District Court for the Central District of California |
| Rozella A Oliver |
| Mark C Scarsi |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 79 STIPULATION to Dismiss Case pursuant to FRCP 41(A) filed by Defendant City of Torrance. (Attachments: #1 Proposed Order on Stipulation of Dismissal with Prejudice)(Desmond, Patrick) |
Filing 78
MINUTE ORDER IN CHAMBERS Order of Dismissal (JS6) by Judge Mark C. Scarsi. re: Notice of Settlement #77 . (smo)
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| Filing 77 NOTICE of Settlement NOTICE OF SETTLEMENT OF CASE filed by Attorney for Plaintiff Kiley Deliefde Swaine. (Steering, Jerry) |
| Filing 76 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's First Amended Complaint #71 (Attachments: #1 Exhibit A - [Proposed] Statement of Uncontroverted Facts and Conclusions of Law Regarding Defendant City of Torrance's Motion for Summary Judgment or in the Alternative Partial Summary Judgment)(Morgan, Laura) |
| Filing 75 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Statement (Motion related) #72 by Judge Mark C. Scarsi. The document is stricken. (smo) |
| Filing 74 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: City of Torrance's Statement (Motion related), #72 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: SEE BELOW UNDER OTHER. Proposed document was not submitted or was not submitted as a separate attachment. LR 56-1 the proposed statement should have been "lodged"... submitted as a separate attachment. Other error(s) with document(s): In alternative, prepare a formal document: A Notice of lodging as the main pdf document, to which the proposed statement of uncontroverted facts will be submitted as the 2nd pdf attachment thereto. 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. (lc) |
| Filing 73 EXHIBIT Filed filed by Defendant City of Torrance. as to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's First Amended Complaint #71 . (Attachments: #1 Declaration of Chief Jeremiah Hart, #2 Declaration of Laura A. Morgan, #3 Exhibit A - Plaintiff's First Amended Complaint, #4 Exhibit B - Excerpts of Plaintiff's Deposition Taken on 1/6/23, #5 Exhibit C - Van Lingen Incident Report dated 1/29/20, #6 Exhibit D - Declaration of Robert Van Lingen, #7 E - Full and Final Release dated 2/27/20)(Morgan, Laura) |
| Filing 72 STATEMENT of UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF Motion For Summary Judgment or in the Alternative Partial Summary Judgment as to Plaintiff's First Amended Complaint NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's First Amended Complaint #71 filed by Defendant City of Torrance. (Morgan, Laura) |
| Filing 71 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's First Amended Complaint filed by Defendant City of Torrance. Motion set for hearing on 3/13/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Proposed Order) (Morgan, Laura) |
| Filing 70 Notice of Appearance or Withdrawal of Counsel: for attorney Laura A Morgan counsel for Defendant City of Torrance. Adding Laura A. Morgan as counsel of record for City of Torrance for the reason indicated in the G-123 Notice. Filed by Defendant City of Torrance. (Attorney Laura A Morgan added to party City of Torrance(pty:dft))(Morgan, Laura) |
| Filing 69 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Mark C. Scarsi. The Court has revised its procedures regarding mandatory chambers copies in civil cases newly assigned to Judge Scarsi. The Court authorizes the parties to this case to follow the new procedures in lieu of the procedures stated in Initial Standing Order 9(e). More information about the new procedures is available at https://www.cacd.uscourts.gov/honorable-mark-c-scarsi THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
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Filing 68
ORDER ON STIPULATION TO ENLARGE CASE LITIGATION DATES #67 by Judge Mark C. Scarsi. HAVING CONSIDERED the parties Stipulation to Enlarge Case Litigation Dates, and good cause having been shown therefor; IT IS HEREBY ORDERED that the present case litigation dates in this action be changed. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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| Filing 67 First STIPULATION to Continue Case Litigation Dates from February 28, 2023 to August 29, 2023 Re: Pretrial-Trial Scheduling Order - form only #64 filed by Attorney for Plaintiff Kiley Deliefde Swaine. (Attachments: #1 Declaration Declaration of Jerry L. Steerin in Support of Stipulation to Enlarge Case Dates, #2 Proposed Order Proposed Order on Stipulation to Enlarge Case Dates)(Steering, Jerry) |
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Filing 66
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER RE: STIPULATION TO DISMISS #55 . Plaintiff Kiley Deliefde Swaine and Defendants Van Lingen Towing, Inc., Van Lingen Body Shop, Inc., and Robert Van Lingen stipulate to dismiss the Van Lingen Defendants from this action with prejudice and to grant a lien of $35,000 against this action in favor of the Van Lingen Defendants. The Court treated the stipulation as a motion for voluntary dismissal under Rule 4l(a)(2) and invited the other parties to respond. (Order, ECF No. 56.) No timely response was filed. The Court grants the stipulation in substantial part. Pursuant to the stipulation, Plaintiff's claims against Van Lingen Towing, Inc., Van Lingen Body Shop, Inc., and Robert Van Lingen are dismissed with prejudice. The Van Lingen Defendants, and each of them, are granted a lien against this case in the amount of $35,000, as and for attorney's fees and costs incurred in defending themselves in the case, which sum will be paid from any proceeds recovered by Plaintiff from any other defendants named or unnamed in the case. The parties have not filed the written settlement agreement, so the Court lacks vital information it would need to enforce the agreement. On this basis, the Court declines to retain jurisdiction over the settlement to the extent its terms extend beyond the lien imposed by this order. (lc) Modified on 9/12/2022 (lc).
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Filing 65
ORDER/REFERRAL to ADR Procedure No 3 by Judge Mark C. Scarsi. 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 December 5, 2022. (smo)
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Filing 64
ORDER RE: JURY TRIAL by Judge Mark C. Scarsi. Final Pretrial Conference set for 2/13/2023 at 2:00 PM and Jury Trial set for 2/28/2023 at 8:30 AM before Judge Mark C. Scarsi. See document for additional pretrial dates and deadlines. (smo)
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| Filing 63 NOTICE of Interested Parties filed by Defendant Cody Weldin, identifying KILEY DELIEFDE SWAINE, CITY OF TORRANCE, CODY WELDIN, CHRISTOPHER TOMSIC, VAN LINGEN TOWING, INC., VAN LINGEN BODY SHOP, INC., AND ROBERT VAN LINGEN. (Yu, Tom) |
| Filing 62 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Answer to Complaint (Attorney Civil Case Opening) #57 by Judge Mark C. Scarsi. A notice of interested parties shall be filed no later than 5 days from entry of this Order. (smo) |
| Filing 61 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Cody Weldin's Answer to Complaint (Attorney Civil Case Opening) #57 . The following error(s) was/were found: Local Rule 7-1.1 no 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. (lc) |
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Filing 60
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING SCHEDULING CONFERENCE UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the parties' Joint Rule 16(b)/26(f) Report with respect to the Scheduling Conference and has concluded that the hearing on September 12, 2022 is not necessary. Accordingly, the Scheduling Conference is taken off calendar and under submission. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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Filing 59
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER RE: STIPULATION #55 . Plaintiff Kiley Deliefde Swaine and Defendants Van Lingen Towing, Inc., VanLingen Body Shop, Inc., and Robert Van Lingen stipulate to dismiss the Van Lingen Defendants from this action with prejudice and to grant a lien of $35,000 against this action in favor of the Van Lingen Defendants. The stipulationis not joined by the other parties to this action, so it is ineffective on its own.Given that the stipulating parties condition the proposed dismissal on the grant of a lien on this case in favor of the Van Lingen Defendants, the Court treats the stipulation as a motion for voluntary dismissal under Rule 41(a)(2) and will give the other parties an opportunity to show whether they will suffer "plain legal prejudice" as a result of the Van Lingen Defendants' dismissal. Any opposition must be filed within seven days. (lc)
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| Filing 58 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Report #56 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Joint Report Rule 26(f) Discovery Plan. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 57 ANSWER to Amended Complaint/Petition #12 with JURY DEMAND filed by DEFENDANT Cody Weldin.(Yu, Tom) |
| Filing 56 Scheduling Conference Repor REPORT filed by Plaintiff Kiley Deliefde Swaine. (Steering, Jerry) |
| Filing 55 STIPULATION to Dismiss Defendants Van Lingen Body Shop, Inc., Robert Van Lingen, Van Lingen Towing, Inc. filed by Defendants Van Lingen Body Shop, Inc., Robert Van Lingen, Van Lingen Towing, Inc.. (Attachments: #1 Proposed Order Granting Stipulation Between Plaintiff And Certain Defendants For An Order Dismissing The Van Lingen Defendants With Prejudice And Granting The Van Lingen Defendants A Lien Against The Case To Satisfy Payment Of $35,000 In Attorney Fees And Costs (with Proof of Service))(Esbin, Louis) |
| Filing 54 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE: NOTICE OF SETTLEMENT #53 AND MOTION TO STRIKE #31 . Defendants Van Lingen Towing, Inc., Van Lingen Body Shop, Inc., and Robert Van Lingen filed an anti-SLAPP motion to strike Plaintiff Kiley Deliefde Swaine's claim against them. The Van Lingen Defendants subsequently provided notice of the settlement of both Swaine's claim against them and their request for fees in their motion. The Court DEEMS the motion WITHDRAWN and TERMINATES it. Swaine or the Van Lingen Defendants shall file a notice or stipulation of dismissal consistent with Rule 4l(a) within 45 days. (lc) |
| Filing 53 Notice of Settlement and Execution of Settlement Agreement With Regard to the Special Motion to Strike Plaintiffs Sixth Claim for Relief for Intentional Misrepresentation / Fraud filed by Defendants Robert Van Lingen, Van Lingen Body Shop, Inc., Van Lingen Towing, Inc.. (with Proof of Service) (Esbin, Louis) |
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Filing 52
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION (ECF No. #31 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to the Motion to Dismiss Sixth Claim for Relief and Defendants Notice of Special Motion and Special Motion to Strike Plaintiffs Sixth Claim for Relief for Intentional Misrepresentation/Fraud (ECF No. #31 ) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on August 29, 2022, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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Filing 51
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER DISCHARGING ORDER TO SHOW CAUSE #42 . Plaintiff submitted a waiver of service of summons signed by counsel for Weldin. Having reviewed these materials, the Court discharges the order to show cause and permits the claims against Weldin to proceed. (lc)
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| Filing 50 DECLARATION of Joseph A. Travers re Order on Motion for Leave,, #42 Declaration of Joseph A. Travers in Response to Order to Show Cause re Failure to Prosecute - signed filed by Plaintiff Kiley Deliefde Swaine. (Steering, Jerry) |
| Filing 49 DECLARATION of Jerry L. Steering re Order on Motion for Leave,, #42 Declaration of Jerry L. Steering In Response to Order to Show Cause Re Dismissal of Cody Weldin for Failure to Prosecute filed by Plaintiff Kiley Deliefde Swaine. (Attachments: #1 Declaration Declaration of Joseph A Travers in Response OSC re Dismissal of Cody Weldin)(Steering, Jerry) |
| Filing 48 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Sixth Claim for Relief and Defendants Notice Of Special Motion And Special Motion To Strike Plaintiffs Sixth Claim For Relief For Intentional Misrepresentation / Fraud; Memorandum Of Points And Authorities; D #31 Plaintiff's Memorandum of Points & Authorities in Opposition to Defendants' Motion to Strike 6th Cause of Action - anti-SLAPP.... filed by Plaintiff Kiley Deliefde Swaine. (Steering, Jerry) |
| Filing 47 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Sixth Claim for Relief and Defendants Notice Of Special Motion And Special Motion To Strike Plaintiffs Sixth Claim For Relief For Intentional Misrepresentation / Fraud; Memorandum Of Points And Authorities; D #31 filed by Plaintiff Kiley Deliefde Swaine. (Attachments: #1 Declaration Declaration of Plaintiff Kiley Swaine in Opposition to Defendants' Motion to Strike 6th Cause of Action - anti-SLAPP)(Steering, Jerry) |
| Filing 46 Notice of Appearance or Withdrawal of Counsel: for attorney Tom Yu counsel for Defendant Cody Weldin. Adding Tom Yu as counsel of record for Cody Weldin for the reason indicated in the G-123 Notice. Filed by Defendant Cody Weldin. (Yu, Tom) |
| Filing 45 REPLY Support NOTICE OF MOTION AND MOTION to Dismiss Sixth Claim for Relief and Defendants Notice Of Special Motion And Special Motion To Strike Plaintiffs Sixth Claim For Relief For Intentional Misrepresentation / Fraud; Memorandum Of Points And Authorities; D #31 Reply To Special Motion And Special Motion To Strike Plaintiffs Sixth Claim For Relief For Intentional Misrepresentation / Fraud; Request To Enter Default And Order Granting Motion Without Further Hearing; Declaration In Support (with Proof of Service) filed by Defendants Robert Van Lingen, Van Lingen Body Shop, Inc., Van Lingen Towing, Inc.. (Attachments: #1 Proposed Order Order Granting Special Motion And Special Motion To Strike Plaintiffs Sixth Claim For Relief For Intentional Misrepresentation / Fraud (with Proof of Service))(Esbin, Louis) |
| Filing 44 Notice of Appearance or Withdrawal of Counsel: for attorney Tom Yu counsel for Defendant Cody Weldin. Adding Tristan G. Pelayes as counsel of record for Cody Weldin for the reason indicated in the G-123 Notice. Filed by Defendant Cody Weldin. (Attorney Tom Yu added to party Cody Weldin(pty:dft))(Yu, Tom) |
| Filing 43 WAIVER OF SERVICE Returned Executed filed by Plaintiff Kiley Deliefde Swaine. upon Cody Weldin waiver sent by Plaintiff on 8/8/2022, answer due 10/7/2022. Waiver of Service signed by Tristan Pelayes. (Steering, Jerry) |
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Filing 42
MINUTES (IN CHAMBERS) ORDER RE: Ex PARTE APPLICATION (ECF No. #41 ) AND ORDER TO SHOW CAUSE by Judge Mark C. Scarsi. The Court denies the application. The Court will give Plaintiff one final opportunity to explain why his claims against Weldin should be allowed to move forward given his failure to serve Weldin in the six months since he initiated this case. The Court orders Plaintiff to show cause why his claims against Weldin should not be dismissed under Rules 4(m) and 41(b). Plaintiff shall respond in writing within 14 days. His response should be accompanied by proof of service of the First Amended Complaint on Weldin. (lom) Modified on 8/3/2022 (smo).
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| Filing 41 EX PARTE APPLICATION to Enlarge Time to Serve Defendant Cody Weldin filed by Attorney for Plaintiff Kiley Deliefde Swaine. (Attachments: #1 Declaration Declaration of Jerry L. Steering in Support of Plaintiff's Ex Parte Application to Enlarge Time to Serve Defendant Cody Weldin, #2 Proposed Order Proposed Order on Plaintiff's Ex Parte Application to Enlarge Time to Serve Defendant Cody Weldin) (Steering, Jerry) |
| Filing 40 NOTICE OF ERRATA filed by Defendants Robert Van Lingen, Van Lingen Body Shop, Inc., Van Lingen Towing, Inc.. correcting NOTICE OF MOTION AND MOTION to Dismiss Sixth Claim for Relief and Defendants Notice Of Special Motion And Special Motion To Strike Plaintiffs Sixth Claim For Relief For Intentional Misrepresentation / Fraud; Memorandum Of Points And Authorities; D #31 Errata To Special Motion and Special Motion To Strike Plaintiffs Sixth Claim For Relief For Intentional Misrepresentation / Fraud (with Proof of Service) (Esbin, Louis) |
| Filing 39 (with Proof of Service) NOTICE of Interested Parties filed by Defendants Robert Van Lingen, Van Lingen Body Shop, Inc., Van Lingen Towing, Inc., identifying Van Lingen Towing, Inc., Van Lingen Body Shop, Inc., Robert Van Lingen, Cody Weldin, Christoper Tomsic, Kiley Deliefde Swaine. (Esbin, Louis) |
| Filing 38 TEXT ONLY ENTRY (IN CHAMBERS) RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS (G-112a) by Judge Mark C. Scarsi: In accordance with the Notice to Filer of Deficiencies in Electronically Filed Documents (ECF No. #35 ) regarding NOTICE OF MOTION AND MOTION to Dismiss Sixth Claim for Relief and Defendants Notice Of Special Motion And Special Motion To Strike Plaintiff's Sixth Claim For Relief For Intentional Misrepresentation / Fraud (ECF No. #31 . IT IS HEREBY ORDERED that the document is accepted as filed. Counsel shall file its notice of interested parties by July 25, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
| Filing 37 NOTICE OF DEFICIENCY Re: REQUEST for Entry of Default RE Cody Weldin #34 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. 1) Substituted Service made on a "John Doe" at residence "BY LEAVING BY DOOR", physical description incomplete with only "male...". 2) Missing cite of Service of Process Statute. 3) Filer is advised of incorrect event used "Miscellaneous Document". Clerk however process this accordingly in that filer e-filed 2 "requests for default on 7/20/22. Please use correct event in future filings. (lc) |
| Filing 36 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Christopher Tomsic, as to the First Amended Complaint (lc) |
| Filing 35 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Robert Van Lingen, Van Lingen Body Shop, Inc., Van Lingen Towing, Inc.'s NOTICE OF MOTION AND MOTION to Dismiss Sixth Claim for Relief and Defendants Notice Of Special Motion And Special Motion To Strike Plaintiffs Sixth Claim For Relief For Intentional Misrepresentation / Fraud; Memorandum Of Points And Authorities; D #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. (lc) |
| Filing 34 Application for Entry of Default of Cody Weldin under FRCivP 55a (Steering, Jerry) Modified on 7/21/2022 (lc). |
| Filing 33 APPLICATION for Clerk to Enter Default against Christopher Tomsic Christopher Tomsic filed by Attorney for Plaintiff Kiley Deliefde Swaine. (Steering, Jerry) |
| Filing 32 PROOF OF SERVICE filed by Attorney for Plaintiff Kiley Deliefde Swaine, Amended Proof of Service on Defendant Christopher Tomsic served on May 16, 2022. (Steering, Jerry) |
| Filing 31 (DEEMED WITHDRAWN AND TERMINATED PER 8/25/2022 MINUTES DOCKET NO. 54). NOTICE OF MOTION AND MOTION to Dismiss Sixth Claim for Relief and Defendants Notice Of Special Motion And Special Motion To Strike Plaintiffs Sixth Claim For Relief For Intentional Misrepresentation / Fraud; Memorandum Of Points And Authorities; Declarations In Support (with Proof of Service) filed by Defendants Robert Van Lingen, Van Lingen Body Shop, Inc., Van Lingen Towing, Inc.. Motion set for hearing on 8/29/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Exhibit Van Lingen Towing CA Secretary of State Filing, #2 Exhibit Van Lingen Body Shop CA SOS Filing, #3 Exhibit Fictitious Business Name Filing, #4 Exhibit Release, #5 Exhibit Settlement Check, #6 Exhibit Repair Job Estimate, #7 Exhibit Repair Job Estimate) (Attorney Louis Jay Esbin added to party Robert Van Lingen(pty:dft), Attorney Louis Jay Esbin added to party Van Lingen Body Shop, Inc.(pty:dft), Attorney Louis Jay Esbin added to party Van Lingen Towing, Inc.(pty:dft)) (Esbin, Louis) Modified on 8/25/2022 (lc). |
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Filing 30
ORDER SETTING SCHEDULING CONFERENCE by Judge Mark C. Scarsi. Scheduling Conference set for 9/12/2022 at 10:00 AM before Judge Mark C. Scarsi. (smo)
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| Filing 29 CERTIFICATE of Interested Parties filed by Defendant City of Torrance, (Desmond, Patrick) |
| Filing 28 ANSWER to Amended Complaint/Petition #12 with JURY DEMAND filed by Defendant City of Torrance.(Attorney Patrick Michael Desmond added to party City of Torrance(pty:dft))(Desmond, Patrick) |
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Filing 27
Order to Show Cause (LOP) by Judge Mark C. Scarsi. Response to Order to Show Cause due by 7/20/2022. (smo)
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| Filing 26 PROOF OF SERVICE Executed by Plaintiff Kiley Deliefde Swaine, upon Defendant Cody Weldin served on 6/17/2022, answer due 7/8/2022. in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons returned. (Steering, Jerry) |
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Filing 25
ORDER ON STIPULATION TO ENLARGE TIME TO SERVE FIRST AMENDED COMPLAINT FOR DAMAGES ON DEFENDANT CODY WELDIN FROM MAY 17,2022 TO JUNE 20, 2022 #23 by Judge Mark C. Scarsi (lc)
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| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: ONLY the proposed order to the Stipulation to Continue, [23-2]. The following error(s) was/were found: L.R. 58-10 at least 2 lines of text must accompany the Signature Line for Signature of Judge on a last page of proposed order 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. (lc) |
| Filing 23 STIPULATION to Continue Time to Serve Defendant Cody Weldin from May 17, 2022 to June 20, 2022 filed by Attorney for Plaintiff Kiley Deliefde Swaine. (Attachments: #1 Declaration Declaration of Jerry L. Steering In Support of Stipulation to Enlarge Time to Serve First Amended Complaint on Defendant Cody Weldin, #2 Proposed Order Proposed Order on Stipulation to Enlarge Time to Serve First Amended Complaint on Defendant Cody Weldin)(Steering, Jerry) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Kiley Deliefde Swaine, upon Defendant Christopher Tomsic served on 5/16/2022, answer due 6/6/2022. in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons returned. (Steering, Jerry) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff Kiley Deliefde Swaine, upon Defendant Robert Van Lingen served on 4/18/2022, answer due 5/9/2022. in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Steering, Jerry) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Kiley Deliefde Swaine, upon Defendant Van Lingen Towing, Inc. served on 4/14/2022, answer due 5/5/2022. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Steering, Jerry) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Kiley Deliefde Swaine, upon Defendant Van Lingen Body Shop, Inc. served on 4/14/2022, answer due 5/5/2022. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Steering, Jerry) |
| Filing 18 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE: EX PARTE APPLICATION #16 . Plaintiff Kiley Delief de Swaine applies ex parte for an order granting her an extension of time in which to serve unserved defendants and granting her leave to file a Second Amended Complaint. The application is denied for failure to comply with Local Rules 7-19 and 7-19.1 and Initial Standing Order. The application is further denied for failure to justify entitlement to ex parterelief (SEE DOCUMENT FOR SPECIFICS). On its own motion under Rule 4(m), the Court reopens and extends the deadline to complete service of Defendants Weldin and Tomsic to May 17, 2022. (lc) |
| Filing 17 NOTICE OF LODGING filed PLAINTIFFS NOTICE OF LODGING OF PLAINTIFFS PROPOSED SECOND AMENDED COMPLAINT FOR PLAINTIFFS EX PARTE APPLICATION TO FILE SECOND AMENDED COMPLAINT FOR DAMAGES, AND TO ENLARGE TIME TO SERVE AMENDED COMPLAINT FOR DAMAGES re Amended Complaint/Petition #12 (Steering, Jerry) |
| Filing 16 EX PARTE APPLICATION to File Second Amended Complaint and to Enlarge Time to Serve Second Amended Complaint filed by Attorney for Plaintiff Kiley Deliefde Swaine. (Attachments: #1 Declaration Declaration of Jerry L. Steering in Support of Plaintiff's Ex Parte Application to file Second Amended Complaint and to Enlarge Time to Service Defendants and to file Second Amended Complaint.., #2 Proposed Order Proposed Order on Plaintiff's Ex Parte Application to file Second Amended Complaint Enlarge Time to Service Defendants with Second Amended Complaint) (Steering, Jerry) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Kiley Deliefde Swaine, upon Defendant City of Torrance served on 4/11/2022, answer due 5/2/2022. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Steering, Jerry) |
| Filing 14 21 DAY Summons Issued re First Amended Complaint #12 as to Defendants City of Torrance, Christopher Tomsic, Robert Van Lingen, Van Lingen Body Shop, Inc., Van Lingen Towing, Inc., Cody Weldin. (lom) |
| Filing 13 Request for Clerk to Issue Summons on Amended Complaint/Petition #12 filed by Plaintiff Kiley Deliefde Swaine. (Steering, Jerry) |
| Filing 12 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Kiley Deliefde Swaine(Steering, Jerry) |
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Filing 11
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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Filing 10
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Ronald S.W. Lew to Judge Mark C. Scarsi for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-00404 MCS(RAOx). (rn)
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| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants City of Torrance, Christopher Tomsic, Cody Weldin. (jp) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jp) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jp) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Ronald S. W. Lew and Magistrate Judge Rozella A. Oliver. (jp) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Kiley Deliefde Swaine. (Steering, Jerry) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Kiley Deliefde Swaine, (Steering, Jerry) |
| Filing 3 DEMAND for Jury Trial filed by Plaintiff Kiley Deliefde Swaine.. (Steering, Jerry) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Kiley Deliefde Swaine. (Steering, Jerry) |
| Filing 1 COMPLAINT Receipt No: ACACDC-32648414 - Fee: $402, filed by Plaintiff Kiley Deliefde Swaine. (Attachments: #1 Exhibit) (Attorney Jerry L Steering added to party Kiley Deliefde Swaine(pty:pla))(Steering, Jerry) |
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