Kang-Shen Chen v. Orange County et al
| Kang-Shen Chen |
| County of Orange, Manuel L Real, Tara Martin, Freedom Communications, Janet Nguyen, Pete Bos, Paul Beckman, Steward Fahmy, Franz Miller, Thomas Mauk, John Moorlach, Harry Huggins, Virginia Booke, Michael Burne, Jeffrey Swedo, Orange County, AHPCA HOA, Does 1 - 100 inclusive, Mark Denny, Marianne Von Riper, Pat Brenman, Steve Norris, T.T. Group, Jennifer Chen, Jason Chen, Thomas Borris, Orange County Register, The O.C. Register, Abbas Khalighi, Anaheim Hills Planned Community Association and Randall Wilkinson |
| 8:2015cv00897 |
| June 8, 2015 |
| US District Court for the Central District of California |
| David O Carter |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 23, 2016. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 47
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Andrew J. Wistrich, ORDERING AFFIDAVIT OF PLAINTIFF KANG-SHEN CHEN FOR REQUEST FOR APPOINTMENT OF COUNSEL submitted by Plaintiff Kang-Shen Chen received on 8/15/16 is not to be filed but instead rejected. Denial based on: This case and the two other cases listed on the title page (SACV12-2182-Rand Ninth Cir. Docket No. 13-56592) are closed, and the Ninth Circuit also ruled that this motion was improperly filed. (mz)
|
|
Filing 46
MINUTE (IN CHAMBERS) ORDER Dismissing Case Without Prejudice by Judge David O. Carter: The summons and complaint have not been served upon all defendants-indeed, Plaintiff has not filed proofs of service of the summons and complaint as to any Defendants except for Thomas Borris, Randall Wilkinson, Franz Miller, Jeffrey Swedo and Tara Martin, all of whom have now been dismissed from this case with prejudice. Accordingly, the Court DISMISSES this case WITHOUT PREJUDICE because Plaintiff has failed to diligently prosecute this action. See document for further information. (Made JS-6. Case Terminated.) (lwag)
|
| Filing 45 THIRD AMENDED COMPLAINT against Defendants AHPCA HOA(Parasitic Enterprises), AHPCA HOA(Institute), Anaheim Hills Planned Community Association, Paul Beckman, Virginia Booke, Thomas Borris, Pete Bos, Pat Brenman, Michael Burne, Jason Chen, Jennifer Chen, County of Orange, Mark Denny, Does, Steward Fahmy, Freedom Communications, Harry Huggins, Abbas Khalighi, Tara Martin, Thomas Mauk, Franz Miller, John Moorlach, Janet Nguyen, Steve Norris, Orange County(Institute), Orange County(Parasitic Enterprises), Orange County Register, Manuel L Real, Marianne Von Riper, Jeffrey Swedo, T.T. Group(Parasitic Enterprises), T.T. Group(a California Corporation), The O.C. Register(Parasitic Enterprises), The O.C. Register(Institute), Randall Wilkinson amending Amended Complaint,,, #26 , filed by Plaintiff Kang-Shen Chen(lwag) |
| Filing 44 MINUTE IN CHAMBERS by Judge David O. Carter: Order to Show Cause why this Case should not be Dismissed for Lack of Prosecution. Plaintiff(s) to show cause in writing no later than 1/22/2016. (mt) |
| Filing 43 MINUTES (IN CHAMBERS) by Judge David O. Carter: denying #33 MOTION for Relief from the Order Granting Motion to Dismiss Complaint as Unopposed. The Court clarifies that dismissal with prejudice pertains only to claims against Defendants Thomas J. Borris, Franz E. Miller, and Randell L. Wilkinson. The entire SAC has not been dismissed. (twdb) |
|
Filing 42
MINUTES (IN CHAMBERS) Order Re: Motion to Relieve Plaintiff From Order Granting Motion to Dismiss Complaint as Unopposed #33 by Judge David O. Carter. Before the Court is Plaintiff Kang-Shen Chen's Motion to Relieve Plaintiff from the Order Granting Defendants' Motion to Dismiss the Complaint as Unopposed (Dkt. 33). The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the hearing set for January 4, 2016 is removed from the calendar. The Clerk shall serve this minute order on the parties. (dro)
|
|
Filing 41
MINUTE (IN CHAMBERS) ORDER Granting Defendants' Motion to Dismiss as Unopposed and Dismissing Second Amended Complaint with Prejudice #16 , #41 by Judge David O. Carter: Accordingly, the Court DISMISSES Plaintiff's Second Amended Complaint WITH PREJUDICE. The hearing set for January 11, 2016 is vacated. See document for further information. (lwag) Modified on 1/27/2016 (dgo).
|
| Filing 40 CERTIFICATE OF SERVICE filed by Plaintiff Kang-Shen Chen, re Reply (Motion related) #39 served on 12/21/2015. (lwag) |
| Filing 39 REPLY to Defendants' Opposition to Motion, pursuant to Federal Rules of Civil Procedure, Rule 60(b)(1),(6) to Relieve Plaintiff from the Order Granting Motion to Dismiss Complaint as Unopposed filed by Plaintiff Kang-Shen Chen. (lwag) |
| Filing 38 CERTIFICATE OF SERVICE filed by Plaintiff Kang-Shen Chen, re Reply (Motion related) #37 served on 12/21/2015. (lwag) |
| Filing 37 REPLY to Defendants' Opposition to Motion, pursuant to Federal Rules of Civil Procedure, Rule 60(b)(1),(6) to Relieve Plaintiff from the Order Granting Motion to Dismiss Complaint as Unopposed filed by Plaintiff Kang-Shen Chen. (lwag) |
| Filing 36 CERTIFICATE OF SERVICE filed by Defendants Tara Martin, Jeffrey Swedo, re Response in Opposition to Motion, #35 served on December 14, 2015. (Tarvin, Nathaniel) |
| Filing 35 OPPOSITION to NOTICE OF MOTION AND MOTION for Relief #33 Defendants Jeffrey Swedo's and Tara Martin's Opposition to Plaintiff Kang-Shen Chen's Motion for Relief from October 20, 2015 Order; Declaration of Nathaniel J. Tarvin filed by Defendants Tara Martin, Jeffrey Swedo. (Tarvin, Nathaniel) |
| Filing 34 CERTIFICATE OF SERVICE filed by Plaintiff Kang-Shen Chen, re NOTICE OF MOTION AND MOTION for Relief #33 and served on 12/2/2015. (lwag) |
| Filing 33 NOTICE OF MOTION AND MOTION to Relieve Plaintiff From the Order Granting Motion to Dismiss Complaint as Unopposed; Memorandum of Points and Authorities and Declaration of Kang-Shen Chen in Support Thereof filed by Plaintiff Kang-Shen Chen. (lwag) |
|
Filing 32
MINUTES (IN CHAMBERS) Order Denying as Moot Defendants Jeffrey Swedo and Tara Martin's Motion to Strike Allegations in the Second Amended Complaint or, in the Alternative, to Dismiss Pursuant to FRCP 12(B)(6) #29 by Judge David O. Carter. (dgo)
|
| CERTIFICATE OF SERVICE by the Court re Order on Motion to Strike #32 upon Kang-Shen Chen, Plaintiff via U.S. Mail on 12/2/2015. (dgo) |
|
Filing 31
MINUTE ORDER IN CHAMBERS by Judge David O. Carter:ORDER DISMISSING CLAIMS AGAINST DEFENDANTS TARA MARTIN NAD JEFFREY SWEDO WITH PREJUDICE #8 . Tara Martin (individual) and Jeffrey Swedo (individual) terminated. (twdb)
|
| Filing 30 CERTIFICATE OF SERVICE filed by Defendants Tara Martin, Jeffrey Swedo, re NOTICE OF MOTION AND MOTION to Strike Allegation in Plaintiff's Second Amended Complaint Amended Complaint,,, #26 #29 served on 11/20/2015. (Tarvin, Nathaniel) |
| Filing 29 NOTICE OF MOTION AND MOTION to Strike Allegation in Plaintiff's Second Amended Complaint Amended Complaint,,, #26 filed by Defendants Tara Martin, Jeffrey Swedo. Motion set for hearing on 12/21/2015 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Defendants Jeffrey Swedo's and Tara Martin's Request for Judicial Notice in support of Motion to Strike or, in the alternative, Motion to Dismiss, #2 Proposed Order) (Tarvin, Nathaniel) |
| Filing 28 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Thomas Borris, Franz Miller, Randall Wilkinson. Motion set for hearing on 1/11/2016 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order) (Overton, Sarah) |
| Filing 27 MINUTES (IN CHAMBERS) by Judge David O. Carter: denying #10 MOTION for Order Declaring Plaintiff to be a Vexatious Litigant. (twdb) |
| Filing 26 SECOND AMENDED COMPLAINT against defendants Paul Beckman, Victoria Booke, Thomas Borris, Pete Bos, Pat Brenman, Harry Huggins, Thomas Mauk, Franz Miller, John Moorlach, Janet Nguyen, Steve Norris, Manuel L Real, Marianne Von Riper, Jeffrey Swedo, Randall Wilkinson, County of Orange, Abbas Khalighi, Anaheim Hills Planned Community Association, Orange County Register, Freedom Communications, Steward Fahmy (individual), Michael Burne, Jason Chen, Thomas Mauk (individual); TERMINATING Party Virginia Booke (individual), Jennifer Chen (individual), Mark Denny (individual) , Orange County (Parasitic Enterprises), Orange County (Institute), T.T. Group (Parasitic Enterprises), The O.C. Register (Institute), The O.C. Register (Parasitic Enterprises), AHPCA HOA (Institute) and AHPCA HOA (Parasitic Enterprises) terminated amending First Amended Complaint #6 , filed by plaintiff Kang-Shen Chen(twdb) Modified on 11/5/2015 (twdb). |
| Filing 25 CERTIFICATE OF SERVICE filed by Defendants Tara Martin, Jeffrey Swedo, re Reply (Motion related), #24 served on November 2, 2015. (Tarvin, Nathaniel) |
| Filing 24 REPLY In Support Of NOTICE OF MOTION AND MOTION for Order for Declaring Plaintiff Kang-Shen Chen to be a Vexatious Litigant #10 filed by Defendants Tara Martin, Jeffrey Swedo. (Attachments: #1 Exhibit A-Part 1 of 2, #2 Exhibit A-Part 2 of 2)(Tarvin, Nathaniel) |
| Filing 23 CERTIFICATE OF SERVICE filed by Defendants Tara Martin, Jeffrey Swedo, re Notice (Other), #22 served on November 2, 2015. (Tarvin, Nathaniel) |
| Filing 22 NOTICE Defendants Tara Martin's and Jeffrey Swedo's Notice of Non-Receipt of Amended Pleading and Request the Court Defer Order Dismissing Complaint Until After Ruling on Pending Motion to Deem Plaintiff a Vexatious Litigant filed by Defendants Tara Martin, Jeffrey Swedo. (Tarvin, Nathaniel) |
| Filing 21 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION for Order for Declaring Plaintiff Kang-Shen Chen to be a Vexatious Litigant #10 : The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 11/9/2015 is removed from the calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
| Filing 20 OPPOSITION TO DEFENDANTS JEFFREY SWEDO'S AND TARA MARTIN'S MOTION for an Order Declaring Plaintiff Kang-Shen Chen to be a Vexatious Litigant #10 ; Memorandum of Points and Authorities; Declaration of Kang-Shen Chen in support thereof filed by Plaintiff Kang-Shen Chen. (mt) |
| Filing 19 MINUTES (IN CHAMBERS) by Judge David O. Carter: granting #16 MOTION to Dismiss as Unopposed. Plaintiff may file an amended complaint on or before November 6, 2015. Failure to do so, or failure to oppose a second motion to dismiss filed by these Defendants will result in dismissal with prejudice. (twdb) |
|
Filing 18
MINUTE (IN CHAMBERS) ORDER Granting Motion to Dismiss as Unopposed #8 by Judge David O. Carter: Defendants Tara Martin and Jeffrey Swedo (collectively, "Defendants") filed a Motion to Dismiss on October 2, 2015 ("Motion")(Dkt. 8). Plaintiff's opposition was due on or before October 19, 2015. Plaintiff has not filed any opposition. Accordingly, pursuant to Local Rule 7-12, the motion is hereby GRANTED AS UNOPPOSED. The hearing set for November 9, 2015, is vacated. Plaintiff may file an amended complaint on or before October 30, 2015. Failure to do so, or failure to oppose a second motion to dismiss against these Defendants will result in dismissal with prejudice. (lwag)
|
| Filing 17 NOTICE of Interested Parties filed by Defendants Thomas Borris, Franz Miller, Randall Wilkinson, (Overton, Sarah) |
| Filing 16 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Thomas Borris, Franz Miller, Randall Wilkinson. Motion set for hearing on 11/16/2015 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order) (Attorney Sarah L Overton added to party Thomas Borris(pty:dft), Attorney Sarah L Overton added to party Franz Miller(pty:dft), Attorney Sarah L Overton added to party Randall Wilkinson(pty:dft)) (Overton, Sarah) |
| Filing 15 AMENDED CERTIFICATE OF SERVICE filed by Defendants Tara Martin, Jeffrey Swedo, re Request for Judicial Notice,, #11 , Proof of Service (subsequent documents), #13 , NOTICE OF MOTION AND MOTION for Order for Declaring Plaintiff Kang-Shen Chen to be a Vexatious Litigant #10 served on 10/02/2015. (Tarvin, Nathaniel) |
| Filing 14 AMENDED CERTIFICATE OF SERVICE filed by Defendants Tara Martin, Jeffrey Swedo, re Request for Judicial Notice,, #11 , NOTICE OF MOTION AND MOTION to Dismiss Defendants Jeffrey Swedo, Tara Martin #8 , Proof of Service (subsequent documents), #12 , Certificate/Notice of Interested Parties #9 served on 10/02/2015. (Tarvin, Nathaniel) |
| Filing 13 CERTIFICATE OF SERVICE filed by Defendants Tara Martin, Jeffrey Swedo, re Request for Judicial Notice,, #11 , NOTICE OF MOTION AND MOTION for Order for Declaring Plaintiff Kang-Shen Chen to be a Vexatious Litigant #10 served on 10/02/2015. (Tarvin, Nathaniel) |
| Filing 12 CERTIFICATE OF SERVICE filed by Defendants Tara Martin, Jeffrey Swedo, re Request for Judicial Notice,, #11 , NOTICE OF MOTION AND MOTION to Dismiss Defendants Jeffrey Swedo, Tara Martin #8 , Certificate/Notice of Interested Parties #9 served on 10/02/2015. (Tarvin, Nathaniel) |
| Filing 11 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Defendants Jeffrey Swedo, Tara Martin #8 , NOTICE OF MOTION AND MOTION for Order for Declaring Plaintiff Kang-Shen Chen to be a Vexatious Litigant #10 filed by Defendants Tara Martin, Jeffrey Swedo. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Tarvin, Nathaniel) |
| Filing 10 NOTICE OF MOTION AND MOTION for Order for Declaring Plaintiff Kang-Shen Chen to be a Vexatious Litigant filed by Defendants Tara Martin, Jeffrey Swedo. Motion set for hearing on 11/9/2015 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order) (Tarvin, Nathaniel) |
| Filing 9 CERTIFICATE of Interested Parties filed by Defendants Tara Martin, Jeffrey Swedo, identifying N/A. (Tarvin, Nathaniel) |
| Filing 8 NOTICE OF MOTION AND MOTION to Dismiss Defendants Jeffrey Swedo, Tara Martin filed by Defendants Jeffrey Swedo, Tara Martin. Motion set for hearing on 11/9/2015 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order) (Attorney Nathaniel James Tarvin added to party Tara Martin(pty:dft), Attorney Nathaniel James Tarvin added to party Jeffrey Swedo(pty:dft)) (Tarvin, Nathaniel) |
| Filing 7 21 DAY Summons Issued re First Amended Complaint #6 as to defendants AHPCA HOA(Institute), AHPCA HOA(Parasitic Enterprises), Paul Beckman, Virginia Booke, Thomas Borris, Pete Bos, Pat Brenman, Jason Chen, Jennifer Chen, Mark Denny, Steward Fahmy, Harry Huggins, Abbas Khalighi, Tara Martin, Thomas Mauk, Franz Miller, John Moorlach, Janet Nguyen, Steve Norris, Orange County(Institute), Orange County(Parasitic Enterprises), Manuel L Real, Marianne Von Riper, Jeffrey Swedo, T.T. Group(Parasitic Enterprises), T.T. Group(Institute), The O.C. Register(Parasitic Enterprises), The O.C. Register(Institute), Randall Wilkinson. (twdb) |
| Filing 6 First AMENDED COMPLAINT against defendants AHPCA HOA(Institute), Paul Beckman, Virginia Booke, Thomas Borris, Pete Bos, Pat Brenman, Jason Chen, Jennifer Chen, Does, Steward Fahmy, Harry Huggins, Abbas Khalighi, Tara Martin, Thomas Mauk, Franz Miller, John Moorlach, Janet Nguyen, Steve Norris, Orange County(Institute), Manuel L Real, Marianne Von Riper, Jeffrey Swedo, T.T. Group(Parasitic Enterprises), The O.C. Register(Parasitic Enterprises), Randall Wilkinson amending Complaint - (Referred), #1 , filed by plaintiff Kang-Shen Chen (twdb) |
| Filing 5 NOTICE OF CLERICAL ERROR: Due to clerical error the Case has been reassigned from Judge Manuel L. Real and Magistrate Judge Andrew J. Wistrich to Judge David O. Carter for all further proceedings. The case will now reflect the initials of the transferee Judge SACV15-00897 DOC. (dro) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Manuel L. Real and referred to Magistrate Judge Andrew J. Wistrich. (twdb) |
| Filing 3 CERTIFICATE of Interested Parties filed by plaintiff Kang-Shen Chen (twdb) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Kang-Shen Chen. (twdb) |
| Filing 1 COMPLAINT filed against defendants AHPCA HOA, Orange County, T.T. Group, The O.C. Register, et al. Case assigned to Judge Manuel L. Real and referred to Magistrate Judge Andrew J. Wistrich.(Filing fee $400 paid), filed by plaintiff Kang-Shen Chen. (twdb) |
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.
