Avo Asdourian et al v. Claudia Topete
| Avo Asdourian and Asdourian Marlene |
| Claudia Topete and Does 1-10, inclusive |
| 2:2022cv08237 |
| November 10, 2022 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Steve Kim |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 23
MINUTES (IN CHAMBERS) ORDER RE: DEFENDANT'S MOTION TO DISMISS FOR INSUFFICIENT SERVICE OF PROCESS, AND, IN THE ATERNATIVE, FAILURE TO STATE A CLAIM #15 by Judge Michael W. Fitzgerald. The Motion is GRANTED without leave to amend to the extent it is based on failure to state a claim under federal law. Plaintiffs' federal claims are therefore DISMISSED with prejudice.Plaintiffs' state law claims are DISMISSED without prejudice to the assertion of those claims in state court. (MD JS-6. Case Terminated) (iv)
|
| Filing 22 MINUTES OF TELEPHONIC MOTION TO DISMISS FOR INSUFFICIENT SERVICE OF PROCESS AND, IN THE ALTERNATIVE, FAILURE TO STATE A CLAIM #15 held before Judge Michael W. Fitzgerald. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Maria Bustillos. (iv) |
|
Filing 21
SCHEDULING NOTICE and ORDER ADVANCING TIME OF MOTION HEARING by Judge Michael W. Fitzgerald. On the Court's own motion, the MOTION to Dismiss #15 set for hearing on 3/6/2023 is ADVANCED TO 9:30 AM before Judge Michael W. Fitzgerald. The hearing is scheduled to take place in person, in Courtroom 5A. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
|
| Filing 20 REPLY reply in support of First NOTICE OF MOTION AND MOTION to Dismiss 2:22cv08237 #15 2:22cv08237 filed by Defendant Claudia Topete. (Attachments: #1 Declaration Declaration Of Attorney Katy M. Young In Support Of Defendant Claudia Topetes Reply Brief In Support Of Defendants Motion To Dismiss, #2 Declaration Declaration Of Defendant Claudia Topete In Support Of Defendants Reply Brief In Support Of Defendants Motion To Dismiss)(Young, Katy) |
| Filing 19 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION to Dismiss 2:22cv08237 #15 filed by Plaintiffs Avo Asdourian, Asdourian Marlene. (Paronyan, Sarkis) |
| Filing 18 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Motion to Dismiss #15 by Judge Michael W. Fitzgerald. The hearing date has been rescheduled for 3/6/2023 at 10:00 AM before Judge Michael W. Fitzgerald. (iv) |
| Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Motion to Dismiss #15 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. 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. (iv) |
| Filing 16 REQUEST FOR JUDICIAL NOTICE re First NOTICE OF MOTION AND MOTION to Dismiss 2:22cv08237 #15 2:22cv08237 filed by Defendant Claudia Topete. (Young, Katy) |
| Filing 15 First NOTICE OF MOTION AND MOTION to Dismiss 2:22cv08237 filed by Defendant Claudia Topete. Motion set for hearing on 2/15/2023 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order) (Young, Katy) |
|
Filing 14
SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. The Court has reviewed Defendants Motion to Dismiss (the "Motion") #10 and Plaintiffs Opposition #13 . Plaintiffs contend that Defendant failed to timely file and serve Defendants moving papers within 21 days of service, failed to meet and confer with Plaintiffs counsel before filing the Motion, and failed to file the Motion 28 days before the noticed hearing date. Defendants failure to meet and confer and to sufficiently notice the Motion prejudiced Plaintiffs given Plaintiffs were forced to file an Opposition within only 4 days over the holidays, without any advance notice, and because certain issues may have been resolved had the parties conferred. Accordingly, the Court STRIKES the Motion for failure to comply with Local Rules 6-1 and 7-3 and VACATES the hearing set for January 23, 2023. The parties shall meet and confer on the substance of the Motion by no later than January 13, 2023. If the parties cannot resolve the issues raised in Defendants Motion, Defendant may refile a Motion to Dismiss by no later than January 23, 2023, noticing the hearing for a date that complies with the Local Rules. Though the Court is allowing Defendant to refile a Motion to Dismiss, the Court notes that Plaintiffs have sufficiently preserved their objection to the untimely filing of the Motion under the Federal Rules and Plaintiffs may renew that argument in an Opposition to any refiled Motion to Dismiss. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
|
| Filing 13 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION to Dismiss Case 2:22cv08237 #10 MWF(SKx) filed by Plaintiff Avo Asdourian. (Paronyan, Sarkis) |
| Filing 12 Defendants NOTICE of Interested Parties filed by Defendant Claudia Topete, (Young, Katy) |
| Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Motion to Dismiss #10 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. Proposed document was not submitted or was not submitted as a separate attachment. Pursuant to Local Rule 5-4.4.1- Proposed orders not lodged with a main document shall be electronically lodged as an attachment to a Notice of Lodging. 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 First NOTICE OF MOTION AND MOTION to Dismiss Case 2:22cv08237 filed by Defendant Claudia Topete. Motion set for hearing on 1/23/2023 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration, #2 Declaration) (Attorney Katy M Young added to party Claudia Topete(pty:dft)) (Young, Katy) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Avo Asdourian, upon Defendant Claudia Topete served on 12/1/2022, answer due 12/22/2022. Service of the Summons and Complaint were executed upon CLAUDIA TOPETE in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. Sarkis Paronyan (Paronyan, Sarkis) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Claudia Topete. (et) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Steve Kim. (et) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, (Attorney Sarkis V Paronyan added to party Asdourian Marlene(pty:pla))(Paronyan, Sarkis) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 , Civil Cover Sheet (CV-71) #2 filed by plaintiff Avo Asdourian. (Paronyan, Sarkis) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Avo Asdourian. (Paronyan, Sarkis) |
| Filing 1 COMPLAINT Receipt No: ACACDC-34311484 - Fee: $402, filed by plaintiff Avo Asdourian. (Attorney Sarkis V Paronyan added to party Avo Asdourian(pty:pla))(Paronyan, Sarkis) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
