Dillard et al v. Victoria M. Morton Enterprises, Inc. et al
| Marilyn Dillard, Stephen Dillard, Ciera Dillard and Ariel Dillard |
| Victoria M Morton Enterprises, Inc., Victoria M Morton, Suddenly Slender, Suddenly Slender International, Personal Beauty Unlimited, Inc., Research Foundation for Biochemistry and Nutrition Corp., Pyramid Consulting and Investment Co. and Hot Ticket Enterprises, Inc. |
| 2:2008cv01339 |
| June 12, 2008 |
| US District Court for the Eastern District of California |
| Personal Inj. Prod. Liability Office |
| Sacramento |
| Frank C. Damrell |
| Gregory G. Hollows |
| Both |
| Diversity |
| 28:1441 Petition for Removal- Personal Injury |
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The following documents for this case are available for you to view or download:
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Filing
72
AMENDED ORDER signed by Judge Kimberly J. Mueller on 10/3/2012. The 65 Findings and Recommendations filed on 2/4/2011 are ADOPTED. The 44 54 Application for Default Judgment filed by plaintiffs in Dillard v. Victoria M. Morton Enterprises (2:0 8-cv-1339 KJM KJN PS) is GRANTED. Default Judgment, imposing joint and several liability, is entered in that case against following defendants: VMM Enterprises, Inc., Suddenly Slender, Inc., and Suddenly Slender International, Inc.. General damages in amount of $200,000 are awarded to plaintiff Marilyn Dillard General; damages in amount of $50,000 to plaintiff Stephen Dillard; in amount of $50,000 to plaintiff Ariel Dillard; in amount of $100,000 to plaintiff Ciera Dillard. The 34 40 Application for Default Judgment filed by plaintiffs in Galtieri-Carlson v. Victoria M. Morton Enterprises Inc. (2:08-cv-1777 KJM KJN PS) is GRANTED. Default Judgment, imposing joint and several liability, entered in that case against f ollowing defendants: VMM Enterprises Inc.; Suddenly Slender Inc.; and Suddenly Slender International Inc.. General damages in amount of $125,000 awarded to plaintiff Ruth Galtieri-Carlson; damages in amount of $200,000 awarded to plaintiff Deana Galtieri; amount of $75,000 awarded to plaintiff Christian Galtieri-Brown. Clerk directed to CLOSE this case. (Marciel, M)
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Filing
64
FINDINGS and RECOMMENDATIONS Recommending that the application for Default Judgment 54 be granted, and that default judgment, imposing joint and several liabiity, be entered in this case against Victoria M. Morton Enterprises, Inc. Suddently Slende r, and Suddenly Slender International. That general damages in the amount of $200,000 be awarded to Plaintiff Marilyn Dillar. That general damages in the amount of $50,000 be awarded to Plaintiff Setphen Dillard. That general damages in the amount of $50,000 be awarded to Plaintiff Ariel Dillard. That general damages in the amount of $100,000 be awarded to Plaintiff Ciere Dillard. The application for default judgment filed by plaintiffs in Galtieri-Carlson, et al. v. Victoria M. Morton Enterprises, Inc., et al., No. 2:08-cv-1777 KJM KJN PS (Dkt. Nos. 34, 40) be granted, and that default judgment, imposing joint and several liability, be entered in that case against the following defendants in that matter: Victoria M. Mor ton Enterprises, Inc., Suddenly Slender, and Suddenly Slender International. That general damages in the amount of $125,000 be awarded to Plaintiff Ruth Galtieri-Carlson. That general damages in the amount of $200,000 be awarded to Plainti ff Deana Galtieri. That general damages in the amount of $75,000 be awarded to Plaintiff Christian Galtieri-Brown. The Clerk of Court be directed to close this case. These FINDINGS AND RECOMMENDATIONS are submitted to U.S. District Judge Kimberly J. Mueller. Within fourteen days after being served with these Findings and Recommendations, any party may file written objections with the Court and serve a copy on all parties.(Mena-Sanchez, L)
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Filing
59
ORDER signed by Magistrate Judge Kendall J. Newman on 8/24/2010 ORDERING Plaintiffs' motion is submitted on the briefs and record in this case, and the hearing presently set for September 2, 2010, is vacated. The answer to plaintiffs' First Amended Complaint filed by defendants (Dkt. No. 22), is stricken insofar as it was filed on behalf of the following defendants: Victoria M. Morton Enterprises, Inc., Suddenly Slender, and Suddenly Slender International.(Matson, R)
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Filing
57
ORDER signed by Magistrate Judge Kendall J. Newman on 7/21/10 ORDERING the motion to strike defendants' answer action will remain on calendar on 9/2/10, at 10:00 a.m., subject to submission by the court prior to the hrg; The court shall speciall y set and conduct a prove-up hrg in Dillard, et al. v. Victoria M. Morton Enterprises, Inc., et al., No. 2:08-cv-1339 FCD KJN PS, and Galtieri- Carlson, et al. v. Victoria M. Morton Enterprises, Inc., et al., No. 2:08-cv- 1777 FCD KJN PS, on 9/29/10 , at 10:00 a.m., Courtroom 25; Plaintiffs in each case may file, on or before 9/3/10, respective memoranda of points and authorities and supplemental declarations addressing the court's concerns identified in the court's 4/ 23/10 orders denying plaintiffs' deficient application for default judgment; The Clerk of Court is directed to file this order in both cases No. 2:08-cv-1339 FCD KJN PS and No. 2:08-cv-1777 FCD KJN PS. (Becknal, R)
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Filing
56
ORDER adopting 52 FINDINGS AND RECOMMENDATIONS signed by Judge Frank C. Damrell, Jr on 6/28/10. (Kaminski, H)
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Filing
52
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/7/2010 RECOMMENDING 42 that the "Notice of Dismissal as to Victoria Morton" which the undersigned previously construed as a motion for voluntary dismissal be D EEMED filed in 2:08cv1777 FCD KJN PS; the motion for voluntary dismissal be granted and that defendant Victoria Morton, an individual, be dismissed without prejudice from 2:08cv1777 FCD KJN PS; Referred to Judge Frank C. Damrell, Jr.; Objections due 14 days after being served with these F & R's. (Reader, L)
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Filing
51
ORDER signed by Magistrate Judge Kendall J. Newman on 04/23/10 ORDERING that the 44 Motion for Default Judgment filed in case #2:08-cv-1339 and the application for default judgment deemed filed in 2:08-cv-1777 is DENIED without prejudice; pltfs in both actions are granted 60 days to file supplemental materials and serve such filings on each defendant; dfts' oppositions due no later than 14 days after service. (Manzer, C)
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Filing
48
ORDER signed by Magistrate Judge Kendall J. Newman on 4/12/10 ORDERING the Application for Default Judgment By Court shall be deemed filed in Galtieri-Carlson, No. 2:08-cv-1777 FCD KJN PS; The hearing presently set for 4/22/10 will remain on calendar ; The Clerk of Court is directed to enter this order in the following matters: Dillard, No. 2:08-cv-1339 FCD KJN PS, and Galtieri-Carlson, No. 2:08-cv-1777 FCD KJN PS; Plaintiffs in both actions are required to serve notice of their application for default judgment on those previously appearing parties within (7) days of the 4/22/10 hearing, and file a proof of service with the court. (Becknal, R)
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Filing
43
ORDER signed by Magistrate Judge Kendall J. Newman on 2/24/2010 ORDERING that Pltfs' 42 Notice of Voluntary Dismissal is DEFECTIVE and does not effectuate the dismissal of Victoria Morton without prejudice. Pltfs' notice is construed as a motion for voluntary dismissal. Within 14 days, dft Victoria Morton may file either a statement of non-opposition or an opposition to the motion for voluntary dismissal. (Engbretson, K.)
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Filing
40
AMENDED ORDER signed by Magistrate Judge Gregory G. Hollows on 11/24/09 ORDERING Non-expert discovery due by 1/28/10; Designation of Expert Witnesses due by 2/12/2010; Supplemental expert disclosure by 3/5/10; Expert Discovery due by 4/8/10; Disposit ive Motions due by 6/17/2010; Final Pretrial Conference set for 8/27/2009 at 02:00 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.., Jury Trial set for 11/2/2010 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Carlos, K)
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Filing
36
ORDER signed by Magistrate Judge Gregory G. Hollows on 9/8/09 ORDERING that within 20 days, Victoria Morton shall file a statement indicating whether she has filed bankruptcy proceedings. All corporate Dfts, including Pyramid Consulting and Investment Company, shall retain counsel within 10 days of this order and file substitutions of counsel. Failure to do so will result in entry of default of the non-complying corporate dfts. (Engbretson, K.)
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Filing
34
ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 08/19/09 ORDERING that by 09/02/09, plfs shall show cause in writing why these actions should not be stayed pending conclusion of bankruptcy proceedings. (Benson, A.)
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