Paul Sapan v. Marilyn Rose Thomassen
| Paul Sapan |
| Marilyn Rose Thomassen and Marilyn Rose Thomassen an individual doing business as Thomassen Law Group |
| 8:2013cv01678 |
| October 25, 2013 |
| US District Court for the Central District of California |
| Andre Birotte |
| Robert N Block |
| Other Statutory Actions |
| 47 U.S.C. § 0227 |
| None |
Docket Report
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This docket was last retrieved on October 29, 2014. A more recent docket listing may be available from PACER.
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| Filing 25 FINAL JUDGMENT AGAINST DEFENDANT MARILYN ROSE THOMASSEN dba THOMASSEN LAW GROUP by Judge Andre Birotte, Jr, in favor of Paul Sapan against Marilyn Rose Thomassen: NOTE: CHANGES MADE BY THE COURT. The Court hereby ORDERS, ADJUDICATES and DECREES that final judgment shall be and hereby is entered on the Plaintiff's Complaint in the above-reference matter as follows: 1. Statutory Damages. Plaintiff is entitled to recover from Defendant the sum of Nineteen Nine Thousand Five Hundred Dollars ($9,500.00) on Plaintiff's Complaint. IT IS SO ORDERED, ADJUDICATED AND DECREED. (MD JS-6, Case Terminated). (bm) |
Filing 24
MINUTES (IN CHAMBERS) ORDER GRANTING Plaintiffs' Application for Entry of Default Judgment (Dkt. No. 19) by Judge Andre Birotte, Jr: granting #19 Application: In light of the foregoing, the motion for entry of default judgment is GRANTED. The Court AWARDS Plaintiff STATUTORY DAMAGES in the amount of $9,500. 47 U.S.C. 227(c)(5). However, Plaintiffs procedurally improper request for $639.65 in costs is DENIED WIHTOUT PREJUDICE. L.R. 54-2.1. Plaintiff may seek costs after the entry of judgment consistent with the Local Rules. (see document for further details) (bm)
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| Filing 23 NOTICE OF LODGING filed re APPLICATION for Default Judgment against Defendant Marilyn Rose Thomassen #19 (Attachments: #1 [proposed] default judgment)(Reichman, Christopher) |
| Filing 22 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #21 by Clerk of Court that counsel is ordered to file an amended or corrected document by close of business on 9/30/14. Other: Counsel shall attach the Proposed Default Judgment to a Notice of Lodging. RE: Application for Default Judgment #19 . (bm) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for Default Judgment against Defendant Marilyn Rose Thomassen #19 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Proposed Default Judgment not submitted as an attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bp) |
| Filing 20 TEXT ONLY ENTRY: (IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE. Plaintiff was ordered to show cause why the Court should not dismiss the case. On September 23, 2014, Plaintiff filed the required Motion for Default Judgment, (docket # 19) which sufficiently addresses the Order to Show Cause. Accordingly, the Court's Order to Show Cause is VACATED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY |
| Filing 19 APPLICATION for Default Judgment against Defendant Marilyn Rose Thomassen filed by Plaintiff Paul Sapan. Application set for hearing on 11/3/2014 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Christopher J. Reichman, #2 Declaration of Paul Sapan, #3 Exhibit 1, #4 Exhibit 2)(Reichman, Christopher) |
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Filing 18
MINUTE ORDER IN CHAMBERS re Order To Show Cause Regarding Dismissal for Lack of Prosecution by Judge Andre Birotte, Jr: Absent a showing of good cause, an action must be dismissed without prejudice if the summons and complaint are not served on a defendant within 120 days after the complaint is filed. Fed.R.Civ.Proc. 4(m). Generally, defendants must answer the complaint within 20 days after service (60 days if the defendant is the United States). Fed.R.Civ.Proc. 12(a)(1). In the present case, it appears that one or more of these time periods has not been met. Accordingly, the court, on its own motion, orders plaintiff(s) to show cause in writing on or before September 23, 2014, why this action should not be dismissed for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the court finds that this matter is appropriate for submission without oral argument. The Order To Show Cause will stand submitted upon the filing of plaintiff's response. (see document for further details) (bm)
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Filing 17
ORDER OF THE CHIEF JUDGE (#14-035) approved by Chief Judge George H. King. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Andre Birotte, Jr., this case is transferred from Judge Audrey B. Collins to the calendar of Judge Andre Birotte, Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:13-cv-01678 AB(RNBx). (esa)
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| Filing 16 DEFAULT BY CLERK ENTERED as to *Defendant Marilyn Rose Thomassen, an individual doing business as Thomassen Law Group* (bm) |
| Filing 15 REQUEST for Clerk to Enter Default against Defendant Marilyn Rose Thomassen filed by Plaintiff Paul Sapan. (Attachments: #1 Declaration of Chritopher J. Reichman)(Reichman, Christopher) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Paul Sapan, upon Defendant Marilyn Rose Thomassen served on 6/27/2014, answer due 7/18/2014. Service of the Summons and Complaint were executed upon Cassandra "Doe", Receptionist in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (ANSWER DUE 7/28/2014, 10 days for substituted service after mailing). (Reichman, Christopher) |
| Filing 13 TEXT ENTRY (IN CHAMBERS) Spoke to counsel regarding case and proof of service that has not been properly served. Counsel purports to the Court that service will be done properly next week and another request for default will be entered if the party does not answer. A. Bridges, Court Clerk to Judge Collins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ab) TEXT ONLY ENTRY |
| Filing 12 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Marilyn Rose Thomassen #11 . The Clerk cannot enter the requested relief as Proof of Service is lacking required information: lacks declaration of due diligence that at least 3 attempts to serve defendant personally have been mad before substituted service. Requesting party shall file An amended proof of service and a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (bm) |
| Filing 11 REQUEST for Clerk to Enter Default against Defendant Marilyn Rose Thomassen filed by Plaintiff Paul Sapan. Request set for hearing on 5/5/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Declaration of Chritopher J. Reichman)(Reichman, Christopher) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Paul Sapan, upon Defendant Service of the Summons and Complaint were executed upon Receptionist at Defendant's Office in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. AMENDED PROOF OF SERVICE (Reichman, Christopher) |
| Filing 9 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Marilyn Rose Thomassen dba Thomassen Law Group, an individual #8 . The Clerk cannot enter the requested relief as Proof of Service is lacking required information: lacks declaration of due diligence that at least 3 attempts to serve defendant personally have been made before substituted service. Documents should have also been mailed to defendant at address where substituted service was made. (bm) |
| Filing 8 REQUEST for Clerk to Enter Default against Defendant Marilyn Rose Thomassen filed by Plaintiff Paul Sapan. Request set for hearing on 3/31/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Declaration of Chritopher J. Reichman)(Reichman, Christopher) |
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Filing 7
MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Audrey B. Collins. IT IS ORDERED that plaintiff's counsel show cause in writing not later than February 28, 2014, why this action should not be dismissed for lack of prosecution as to defendant Marilyn Rose Thomassen an individual and dba Thomassen Law Group. In accordance with Rule 78 of the Federal Rules of Civil Procedure and Local 78-1, no oral argument will be heard on this matter unless ordered by the Court. The Order to Show Cause will stand submitted upon the filing of plaintiff's response. The Court will consider as a satisfactory response the filing of the following on or before the date shown above. RE: Answer by defendants Marilyn Rose Thomassen an individual and dba Thomassen Law Group or plaintiff's request for entry of default. Failure to file a timely response is deemed consent to the dismissal without prejudice of the action as to the above defendants. RE:( Response to Order to Show Cause due by 2/28/2014.) (lw)
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Filing 6
CIVIL CASE MANAGEMENT ORDER upon filing of the complaint by Judge Audrey B. Collins(SEE DOCUMENT FOR FURTHER DETAILS). (ab)
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| Filing 5 PROOF OF SERVICE Executed by Plaintiff Paul Sapan, upon Defendant Marilyn Rose Thomassen served on 11/19/2013, answer due 12/10/2013. Service of the Summons and Complaint were executed upon Receptionist at Defendant's Office in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (Reichman, Christopher) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Paul Sapan. (ghap) (mg). |
| Filing 2 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant Marilyn Rose Thomassen. (ghap) |
| Filing 1 COMPLAINT against Defendant Marilyn Rose Thomassen.Case assigned to Judge Audrey B. Collins for all further proceedings. Discovery referred to Magistrate Judge Robert N. Block.(Filing fee $ 400:PAID), filed by plaintiff Paul Sapan.(ghap) (Additional attachment(s) added on 11/4/2013: #1 Notice of Assignment) (mg). (Additional attachment(s) added on 11/4/2013: #2 Civil Cover Sheet) (mg). |
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