James Lowther v. Admin Sure
| James Lowther |
| Admin Sure, Admin Sure Inc and Michael Reed |
| 8:2022cv00067 |
| January 14, 2022 |
| US District Court for the Central District of California |
| Cormac J Carney |
| Douglas F McCormick |
| James V Selna |
| Autumn D Spaeth |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 19, 2022. A more recent docket listing may be available from PACER.
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| Filing 32 First AMENDED COMPLAINT against Defendants Admin Sure, Michael Reed amending Complaint - (Discovery), #1 , filed by plaintiff James Lowther(twdb) |
Filing 31
MINUTES [IN CHAMBERS] Order Regarding Motion to Dismiss by Judge James V. Selna: On May 10, 2022, Defendant AdminSure, Inc. ("AdminSure") filed a motion to dismiss, or in the alternative, for a more definite statement pursuant to Rules 12(b)(6) and 12(e) of the Federal Rules of Civil Procedure. See Mot., Dkt. 17. Plaintiff James Lowther ("Lowther") did not oppose the motion. However, on June 6, 2022, Lowther submitted a filing captioned as a "Request to File Stipulation Complaint." See Dkt. 28. In that filing Lowther states that he is "requesting the Court to file his First Amend[ed] Complaint within 21 days." Id. at 4. The Court GRANTS AdminSure's request for a more definite statement and GRANTS Lowther twenty-one days' leave to file an amended complaint. Finding as moot #17 REQUEST to Dismiss Case; Granting #28 REQUEST to File Stipulation Complaint. [See Order for details.] (es)
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| Filing 30 PROOF OF SERVICE filed by plaintiff James Lowther served on Request to File Stipulation Complaint. (rolm) |
| Filing 29 MINUTES OF In Person Status Conference held before Judge James V. Selna: Cause is called for hearing and plaintiff makes his appearances. There is no appearance on behalf of the defendant in case SACV 22-00067 JVS(DFMx). The Court orders this case consolidated into case SACV 21-02084JVS(DFMx): James Lowther v City of Newport Beach. Case SACV 21-02084JVS(DFMx)shall be the lead case. All future filings will be made in in the lead case number, only, with the following case caption: The Court issues an Order to Show Cause Why Sanctions should not be imposed for defendants in case SACV 22-00067JVS(DFMx) for failure to appear this date. A written response to the Order to Show Cause is due by noon on Friday, June 10, 2022. A hearing is set for June 13, 2022 at 1:30 p.m. (The date and time of the motion to dismiss.) Plaintiff's Request to Dismiss Attorney's Local Rule 83-1.3.1(a) (b)(c)[Docket 26 in case SACV 22-67JVS(DFMx)] is DENIED WITHOUT PREJUDICE to being filed as a noticed motion. Denying #26 REQUEST to Dismiss. [See Order for details.] (Made JS-6. Case Terminated.) Court Reporter: Sharon Seffens. (es) |
| Filing 28 REQUEST to File Stipulation Complaint filed by plaintiff James Lowther. (Attachments: #1 Proposed Order) (rolm) |
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Filing 27
MINUTE ORDER [IN CHAMBERS] ORDER SETTING IN PERSON STATUS CONFERENCE by Judge James V. Selna: The Court sets an in person Status Conference on Plaintiffs Request to Dismiss #26 on June 6, 2022 at 10:30 a.m. in Courtroom 10C. (es)
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| Filing 26 REQUEST to Dismiss Attorney's Local Rule 83-1.3.1(a)(b)(c) filed by plaintiff James Lowther. (twdb) (Additional attachment(s) added on 5/24/2022: #1 Proposed Order) (twdb). |
| Filing 25 [IN CHAMBERS]SCHEDULING NOTICE: The MOTION to Dismiss Case #17 set for 06/13/2022 at 1:30 pm will be heard the same date and time but before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lb) TEXT ONLY ENTRY |
| Filing 24 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
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Filing 23
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 8:21-cv-02084-JVS-(DFMx). Case transferred from Judge Cormac J. Carney and Magistrate Judge Autumn D. Spaeth to Judge James V. Selna and Magistrate Judge Douglas F. McCormick for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:22-cv-00067-JVS-(DFMx). Signed by Judge James V. Selna (dve)
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Filing 22
NOTICE OF DISCREPANCY AND ORDER: by Judge Cormac J. Carney, ORDERING Request to file stipulation complaint submitted by Plaintiff James Lowther received on 5/18/22 is not to be filed but instead rejected. Denial based on: No proof of service attached to document(s). (twdb)
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| Filing 21 PROOF OF SERVICE filed by Defendant Admin Sure, re Notice of Related Case(s) #20 served on 05/18/2022. (Harshaw, Paul) |
| Filing 20 NOTICE of Related Case(s) filed by Defendant Admin Sure. Related Case(s): 8:21-cv-02084-JVS-DFMx (Harshaw, Paul) |
| Filing 19 NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on July 14, 2022. (rrp) |
| Filing 18 NOTICE OF ERRATA filed by Defendant Admin Sure. correcting NOTICE OF MOTION AND MOTION to Dismiss Case #17 RE: PROOF OF SERVICE BY MAIL (Garner, Lisa) |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Admin Sure. Motion set for hearing on 6/13/2022 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order) (Attorney Lisa K Garner added to party Admin Sure(pty:dft)) (Garner, Lisa) |
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Filing 16
MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Cormac J. Carney. SEE DOCUMENT FOR FURTHER INFORMATION. Response to Order to Show Cause due by 5/20/2022. (twdb)
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| Filing 15 PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint - (Discovery), #1 upon Admin Sure served on 4/5/2022, answer due 4/26/2022, served by not indicated service, by Federal statute, upon Michael Reed Admin. Remarks: 2 hrs 40 miles. (twdb) |
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Filing 14
ORDER DIRECTING SERVICE OF PROCESS BY THE UNITED STATES MARSHAL by Magistrate Judge Autumn D. Spaeth. (see document for details) (hr)
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Filing 13
MINUTE (IN CHAMBERS) ORDER GRANTING PLAINTIFF'S REQUEST FOR UNITED STATES MARSHAL SERVICE by Magistrate Judge Autumn D. Spaeth: granting #10 REQUEST. Plaintiff must send the completed Service Packet to the address listed in the instructions by no later than March 9, 2022. (see document for further details) (Attachments: #1 CV-121 Instructions) (hr)
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Filing 12
ORDER STRIKING FILED DOCUMENTS FROM THE RECORD by Magistrate Judge Autumn D. Spaeth. The document(s) listed below were improperly filed for the following reasons: Duplicative of Dkt No. 10; therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: REQUEST for the US Marshall to serve the defendant #8 . (hr)
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Filing 11
(IN CHAMBERS) ORDER by Judge Cormac J. Carney REFERRING MATTERS TO MAGISTRATE JUDGE: The Court has reviewed the REQUEST for Order for U.S. MARSHAL TO SERVE THE DEFENDANT WITH THE SUMMONS AND COMPLAINT #8 and #10 filed on 01/31/2022. These requests are referred to Magistrate Judge Autumn D. Spaeth. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
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| Filing 9 NOTICE OF CLERICAL ERROR: Due to clerical error Re: REQUEST for Order for for US Marshall to serve the defendant #8 (dta) |
| Filing 10 REQUEST for Order for FOR U.S. MARSHAL TO SERVE THE DEFENDANT WITH THE SUMMONS AND COMPLAINT filed by Plaintiff James Lowther. (Attachments: #1 Proposed Order) (shb) |
| Filing 8 ***STRICKEN PER ORDER #12 ***; ***SEE NOTICE OF CLERICAL ERROR #9 *** REQUEST for the US Marshall to serve the defendant filed by plaintiff James Lowther. (twdb) Modified on 2/8/2022 (hr). |
| Filing 7 21 DAY Summons Issued re Complaint - (Discovery), #1 as to defendant Admin Sure. (twdb) |
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Filing 6
ORDER RE REQUEST TO PROCEED IN FORMA PAUPERIS by Magistrate Judge Autumn D. Spaeth: IT IS ORDERED that the Request to Proceed In Forma Pauperis #2 is hereby GRANTED. (kh)
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| Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Autumn D. Spaeth. (et) |
| Filing 2 REQUEST to Proceed In Forma Pauperis with Declaration in Support filed by Plaintiff James Lowther. (et) |
| Filing 1 COMPLAINT against Defendant Admin Sure. Case assigned to Judge Cormac J. Carney for all further proceedings. Discovery referred to Magistrate Judge Autumn D. Spaeth. Jury Demanded., filed by Plaintiff James Lowther. (Attachments: #1 Civil Cover Sheet) (et) |
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