Anthony Martini et al v. William Joseph Martin Jr et al
| Anthony Martini and Annette Martini |
| Susan Valerie Gelmis, William Joseph Martin Jr, Garry D Malphrus, Megan Alice Berry Oshiro, Tara Naselow, Edward Lepkowitz, Hugh G Mullane, Jane DOE 4, James Michael Left, Indira Joy Cameron Banks, Thomas Y K Fong, Edward R Grant, Jane DOE 5, Ingrid Abrash, John Doe 3, John Doe 5, John W Salter, Jane Doe 1, Kevin Riley, Robert Bryant, Jane Doe 2, John Doe 2, Jane DOE 3, John Doe 4 and John Doe 1 |
| 8:2009cv00906 |
| August 7, 2009 |
| US District Court for the Central District of California |
| Southern Division - Santa Ana Office |
| Orange |
| Andrew J Guilford |
| Arthur Nakazato |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2010. A more recent docket listing may be available from PACER.
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Filing 53
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #46 filed by Annette Martini, Anthony Martini, CCA # 09-57033. On March 9, 2010, this court ordered appellant, within 21 days, to pay the filing fees and show cause why the judgment in this appeal should not be summarily affirmed. The order warned appellant that failure to pay the fees and to show cause would result in the automatic dismissal of the appeal by the clerk of the Court. To date, appellant has not complied with the court's order. Accordingly, this appeal is dismissed for failure to prosecute. See 9th Cir. R. 42-1. this order served on the district court shall act as and for the mandate of this court. (dmap)
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Filing 52
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #46 filed by Annette Martini, Anthony Martini, CCA # 09-57033. On March 9, 2010, this court ordered appellant, within 21 days, to pay the filing fees and show cause why the judgment in this appeal should no be summarily affirmed. the order warned appellant that failure to pay the fees and to show cause would result in the automatic dismissal of the appeal by the Clerk of the Court. To date, appellant has not complied with the court's order. Accordingly, this appeal is dismissed for failure to prosecute. This order served on the district court shall act as and for the mandate of this court. (dmap)
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Filing 51
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #46 filed by Annette Martini, Anthony Martini, CCA # 09-57033. Order received in this district on 3/09/10. Within 21 days from the date of entry of this order, appellant shall: (1)file a motion with this court to proceed in forma pauperis; (2) pay $455.00 to the district court as the docketing and filing fees for this appeal; or (3) otherwise show cause why the appeal should not be dismissed for failure to prosecute. (cbr)
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| Filing 50 NOTIFICATION by Circuit Court of Appellate Docket Number 09-57033, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, #46 as to plaintiff Anthony Martini. (lra) |
| Filing 48 Civil Appeals Docketing Statement received from plaintiff Anthony Martini, Annette Martini forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals, #46 . (dmap) |
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Filing 45
MINUTES OF IN CHAMBERS ORDER RE MOTION TO APPEAL IN FORMA PAUPERIS by Judge Andrew J. Guilford. The Court cannot make a determination of Plaintiffs inability to pay the costs of appeal, so Plaintiffs Motion must be DENIED. In the interest of justice, the Court GRANTS Plaintiffs 14 days from the date of this Order to resubmit their Motion according to Federal Rule of Appellate Procedure 24(a). See order for details. (smi)
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| Filing 49 Motion and Affidavit for Leave to Appeal In forma pauperis filed by plaintiff Anthony Martini, Annette Martini. (dmap) Modified on 12/23/2009 (dmap). |
| Filing 47 List of Parties Appeal OF SERVICE filed by plaintiff Anthony Martini, Annette Martini, re Notice of Appeal to 9th Circuit Court of Appeals, #46 served on 12/22/2009. (dmap) |
| Filing 46 NOTICE OF APPEAL to the 9th CCA filed by plaintiff Anthony Martini and Annette Martini. Appeal of Order on Motion to Change Venue, #44 . Filed On: 11/16/2009; Entered On: 11/19/2009; Forma Pauperis Pending. cc: Anthony Martini and Annette Martini. (dmap) |
| Filing 44 MINUTES OF Status Conference held before Judge Andrew J. Guilford: 1. STATUS CONFERENCE 2. PLAINTIFFS MOTION TO CHANGE VENUE #38 3. ORDER TO SHOW CAUSE 1) Why Plaintiffs Motion should be granted; 2) Why the Complaint does not violate Rule 11(b); and 3) Whether Plaintiff Anthony Martini should be declared a vexatious litigant Cause is called for hearing. There are no appearances. The Court finds that the pleading requirements have not been met and dismisses this matter without leave to amend. The Court finds that Anthony Martini, only, is a vexatious litigant and may not file future complaints without leave of court. (Made JS-6. Case Terminated.)Court Reporter: Denise Paddock. (ade) |
| Filing 43 RESPONSE and Plaintiffs Oppose Judge Andrew J. Guilford Civil Minutes-General-Dated: November 5, 2009 filed by Plaintiffs Anthony Martini, Annette Martini (db) |
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Filing 41
MINUTES OF IN CHAMBERS ORDER by Judge Andrew J. Guilford: The Court VACATES the oral rulings made at the November 2, 2009 hearing. Plaintiffs will have another opportunity to justify their allegations. The Court ORDERS Plaintiffs to appear in court on November 16, 2009 at 10:00 a.m. and show cause (1) why their motion to change venue should be granted, (2) why the Complaint does not violate Rule 11(b) of the Federal Rules of Civil Procedure, and (3) why Plaintiff Anthony Martini should not be declared a vexatious litigant. Plaintiffs are ORDERED not to attempt service of their complaint until after the validity of their complaint is reviewed on November 16, 2009. Plaintiffs have expressed their fear that they would be harmed if they appeared personally in court. (Response 9:1-6.) This fear is not justified in any way, and is based on assertions that are simply untrue, such as the assertion that a panic button was pushed or that the Court scream[ed] at Plaintiffs. (Response 5:4-16; 6:22-23; 7:6-10.) Still, if fearful, Plaintiffs may appear by telephone instead of coming in person to the courthouse in Santa Ana. To appear telephonically, Plaintiffs may contact the courtroom deputy at (714) 338-4757 and leave a telephone number where they may be reached the morning of the hearing. (rla)
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| Filing 42 MINUTES OF Motion Hearing re Status Conference; Plaintiff's Motion to Change Venue #38 ; Order to Show Cause held before Judge Andrew J. Guilford: Cause is called for hearing. There are no appearances. The Court finds that the pleading requirements have not been met and dimisses this matter without leave to amend. The Court finds that Anthony Martini, only, is a vexatious litigant and may not file future complaints without leave of court.Court Reporter: Denise Paddock. (lwag) |
| Filing 40 RESPONSE and Plaintiffs Oppose Judge Andrew J. Guilford Civil Minutes-General Dated: October 26, 2009 filed by Plaintiffs Anthony Martini, Annette Martini. (db) |
| Filing 39 MINUTES OF IN CHAMBERS ORDER Stting Hearing on Motion to Change Venue #38 and Other Issues held before Judge Andrew J. Guilford. The Court ORDERS Plaintiffs to appear on November 2, 2009 at 10:00 a.m. and show cause (1) why their Motion should be granted, (2) why the Complaint does not violate Rule 11(b), and (3) whether Plaintiff Anthony Martini should be declared a vexatious litigant. At the November 2, 2009 hearing, the Court may also consider how this matter may be handled in a manner that is just, speedy, and inexpensive, including what would be an appropriate early date for trial. (db) |
| Filing 38 NOTICE OF MOTION AND MOTION to Change Venue to Southern District, San Diego. Filed by plaintiffs Anthony Martini, Annette Martini. (ade) |
| Filing 37 MINUTES OF Status Conference held before Judge Andrew J. Guilford. Court and plaintiffs confer. The Court DENIES plaintiffs Request for Entry of Default Judgment filed September 25, 2009, there being no entry of default against defendants #36 . The Court ORDERS plaintiffs to review the Iqbel case and Federal Rules of Civil Procedure Rule 11.Court Reporter: Denise Paddock. (db) |
| Filing 36 REQUEST for ENTRY Default Judgment against defendants 1) William Joseph Martin Jr.; 2) Megan Alice Berry Oshiro; 3) Edward Lepkowitz; 4) Ingrid Abrash; 5) James Michael Left; 6) John W. Salter; 7) Thomas Y.K. Fong; 8) Robert Bryant; 9) Tara Naselow; 10) Kevin Riley; 11) Edward R. Grant; 12) Garry D. Malphrus; 13) Hugh G. Mullane; 14) Indira Joy Cameron Banks; 15) Susan Valerie Gelmis; filed by plaintiffs Anthony Martini, Annette Martini. (rla) |
| Filing 35 MINUTES OF IN CHAMBERS ORDER re Hearing on Status and Rule 11 Complaince held before Judge Andrew J. Guilford. The Court ORDERS Plaintiffs to appear on September 28, 2009 at 10:00 a.m. and show cause why the Complaint does not violate Rule 11(b). At the September 28, 2009 hearing, the Court may also consider how this matter may be handled in a manner that is just, speedy, and inexpensive, including what would be an appropriate early date for trial. Plaintiffs shall appear, either individually or through counsel, or shall dismiss this case. (db) |
| Filing 34 NOTICE OF DEFICIENCY Re: REQUEST for Default Judgment against defendant Susan Valerie Gelmis #19 . The Clerk cannot enter the requested relief as No Enry of Default on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (rla) |
| Filing 33 NOTICE OF DEFICIENCY Re: REQUEST for Default Judgment against defendant Indira Joy Cameron Banks #19 . The Clerk cannot enter the requested relief as No Entry of Default on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (rla) |
| Filing 32 NOTICE OF DEFICIENCY Re: REQUEST for Default Judgment against defendant Hugh G. Mullane #19 . The Clerk cannot enter the requested relief as No Entry of Default on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (rla) |
| Filing 31 NOTICE OF DEFICIENCY Re: REQUEST for Default Judgment against defendant Edward Lepkowitz #19 . The Clerk cannot enter the requested relief as No Entry of Default on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (rla) |
| Filing 30 NOTICE OF DEFICIENCY Re: REQUEST for Default Judgment against defendant Megan Alice Berry Oshiro #19 . The Clerk cannot enter the requested relief as No Entry of Default on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (rla) Modified on 9/15/2009 (rla). |
| Filing 29 NOTICE OF DEFICIENCY Re: REQUEST for Default Judgment against defendant William Joseph Martin Jr. #19 . The Clerk cannot enter the requested relief as No Entry of Default on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to havedefault reconsidered. (rla) |
| Filing 28 NOTICE OF DEFICIENCY Re: REQUEST for Default Judgment against defendant Edward R. Grant #19 . The Clerk cannot enter the requested relief as No Entry of Default on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (rla) |
| Filing 27 NOTICE OF DEFICIENCY Re: REQUEST for Default Judgment against defendant Kevin Riley #19 . The Clerk cannot enter the requested relief as No Entry of Default on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (rla) |
| Filing 26 NOTICE OF DEFICIENCY Re: REQUEST for Default Judgment against defendant Garry D Malphrus #19 . The Clerk cannot enter the requested relief as No Entry of Default on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (rla) |
| Filing 25 NOTICE OF DEFICIENCY Re: REQUEST for Default Judgment against defendant Tara Naselow #19 . The Clerk cannot enter the requested relief as No Entry of Default on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (rla) |
| Filing 24 NOTICE OF DEFICIENCY Re: REQUEST for Default Judgment against defendant Robert Bryant #19 . The Clerk cannot enter the requested relief as No Entry of Default on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (rla) |
| Filing 23 NOTICE OF DEFICIENCY Re: REQUEST for Default Judgment against defendant John W. Salter #19 . The Clerk cannot enter the requested relief as No Entry of Default on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (rla) |
| Filing 22 NOTICE OF DEFICIENCY Re: REQUEST for Default Judgment against defendant James Michael Left #19 . The Clerk cannot enter the requested relief as No Entry of Default on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (rla) |
| Filing 21 NOTICE OF DEFICIENCY Re: REQUEST for Default Judgment against defendant Ingrid Abrash #19 . The Clerk cannot enter the requested relief as No Entry of Default on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (rla) |
| Filing 20 NOTICE OF DEFICIENCY Re: REQUEST for Default Judgment against Thomas Y.K. Fong #19 . The Clerk cannot enter the requested relief as No Entry of Default on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (rla) Modified on 9/14/2009 (rla). |
| Filing 19 Default Judgment by the Clerk of the Court Against Defendants (request for); Declaration of Anthony Martini in Support of Default Judgment by the Clerk of Court filed by plaintiff Anthony Martini against defendants William Joseph Martin Jr., Megan Alice Bery Oshiro, Edward Lepkowitz, Ingrid Abrash, James Michael Left, John W. Salter, Thoams Y.K. Fong, Robert Bryant, Tara Naselow, Kevin Riley, Edward R. Grant, Garry D. Malphrus, Hugh G. Mullane, Indira Joy Cameron Banks and Susan Valeri Gelmis. (db) |
| Filing 18 ORIGINAL SUMMONS RETURNED filed by Plaintiffs Anthony Martini and Annette Martini. (rrp) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiffs Anthony Martini, Annette Martini, upon The Summons and Complaint were served by substituted/mail service, by Federal statute, upon (unknown). Due Dilligence declaration not attached. Original Summons not returned. (db) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiffs Anthony Martini, Annette Martini, upon Hugh G Mullane served on 8/10/2009, answer due 8/30/2009. The Summons and Complaint were served by substituted/mail service, by Federal statute, upon BIA Clerks Office. Due Dilligence declaration not attached. Original Summons not returned. (db) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiffs Anthony Martini, Annette Martini, upon William Joseph Martin Jr served on 8/10/2009, answer due 8/30/2009. The Summons and Complaint were served by substituted/mail service, by Federal statute, upon (unknown). Due Dilligence declaration not attached. Original Summons not returned. (db) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiffs Anthony Martini, Annette Martini, upon Ingrid Abrash served on 8/10/2009, answer due 8/30/2009. The Summons and Complaint were served by substituted/mail service, by Federal statute, upon (unknown). Due Dilligence declaration not attached. Original Summons not returned. (db) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiffs Anthony Martini, Annette Martini, upon Tara Naselow The Summons and Complaint were served by substituted/mail service, by Federal statute, upon (not legible). Due Dilligence declaration not attached. Original Summons not returned. (db) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiffs Anthony Martini, Annette Martini, upon Robert Bryant. The Summons and Complaint were served by substituted/mail service, by Federal statute, upon (not legible). Due Dilligence declaration not attached. Original Summons not returned. (db) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiffs Anthony Martini, Annette Martini, upon Kevin Riley. The Summons and Complaint were served by Federal service, by Federal statute, upon (not legible). Due Dilligence declaration not attached. Original Summons not returned. (db) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Anthony Martini, Annette Martini, upon John W Salter. The Summons and Complaint were served by substituted/mail service, by Federal statute, upon (not legible). Due Dilligence declaration not attached. Original Summons not returned. (db) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiffs Anthony Martini, Annette Martini, upon James Michael Left. The Summons and Complaint were served by substituted/mail service, by Federal statute, upon (not legible). Due Dilligence declaration not attached. Original Summons not returned. (db) |
| Filing 8 PROOF OF SERVICE Executed by Plaintiffs Anthony Martini, Annette Martini, upon The Summons and Complaint were served by Substituted/mail service, by Federal statute, upon (not legible). Due Dilligence declaration not attached. Original Summons not returned. (db) |
| Filing 7 PROOF OF SERVICE Executed by Plaintiffs Anthony Martini, Annette Martini, upon Edward R Grant served on 8/10/2009, answer due 8/30/2009. The Summons and Complaint were served by substituted/mail service, by Federal statute, upon BIA Clerks Office. Due Dilligence declaration not attached. Original Summons not returned. (db) |
| Filing 6 PROOF OF SERVICE Executed by Plaintiffs Anthony Martini, Annette Martini, upon Megan Alice Berry Oshiro served on 8/11/2009, answer due 8/31/2009. The Summons and Complaint were served by Substituted/mail service, by Federal statute, upon (not legible). Due Dilligence declaration not attached. Original Summons not returned. (db) |
| Filing 5 PROOF OF SERVICE Executed by Plaintiffs Anthony Martini, Annette Martini, upon Susan Valerie Gelmis served on 8/10/2009, answer due 8/30/2009. The Summons and Complaint were served by Substituted/Mail service, by Federal statute, upon Molly C Dwyer, Clerk. Due Dilligence declaration not attached. Original Summons not returned. (db) |
| Filing 4 PROOF OF SERVICE Executed by Plaintiff Anthony Martini, Annette Martini, upon Indira Joy Cameron Banks served on 8/11/2009, answer due 8/31/2009. The Summons and Complaint were served by substitute service/mail service, by Federal statute, upon (not legible). Due Dilligence declaration not attached. Original Summons not returned. (db) |
| Filing 3 PROOF OF SERVICE Executed by plaintiff Anthony Martini, Annette Martini, upon Thomas Y K Fong served on 8/10/2009, answer due 8/30/2009. The Summons and Complaint were served by substituted service/mail service, by Federal statute, upon Bhavin Patel. Due Dilligence declaration Not attached. Original Summons not returned. (db) |
| Filing 2 CERTIFICATE of Interested Parties filed by Plaintiffs Anthony Martini and Annette Martini. (lwag) |
| Filing 1 COMPLAINT against Defendants Robert Bryant, Tara Naselow, Kevin Riley, Edward R Grant, Garry D Malphrus, Hugh G Mullane, Indira Joy Cameron Banks, Susan Valerie Gelmis, John Doe 1, John Doe 2, John Doe 3, John Doe 4, John Doe 5, Jane Doe 1, Jane Doe 2, Jane DOE 3, Jane DOE 4, Jane DOE 5, William Joseph Martin Jr, Megan Alice Berry Oshiro, Edward Lepkowitz, Ingrid Abrash, James Michael Left, John W Salter and Thomas Y K Fong.(Filing fee $ 350 PAID) Jury Demanded. Filed by Plaintiffs Anthony Martini and Annette Martini.(lwag) |
| 20 DAY Summons Issued re Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 as to Defendants Robert Bryant, Tara Naselow, Kevin Riley, Edward R Grant, Garry D Malphrus, Hugh G Mullane, Indira Joy Cameron Banks, Susan Valerie Gelmis, William Joseph Martin Jr, Megan Alice Berry Oshiro, Edward Lepkowitz, Ingrid Abrash, James Michael Left, John W Salter and Thomas Y K Fong. (lwag) |
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