Vanginderen v. Cornell University Featured Case

Libel claim - claims university's digitization of campus newspaper constituted "re-publication" thus reviving claim that would ordinarily be extinguished over twenty years ago. Disclosure of private facts claim.

Plaintiff: Kevin Vanginderen
Defendant: Cornell University
Case Number: 3:2007cv02045
Filed: October 29, 2007
Court: California Southern District Court
Office: San Diego Office
County: San Diego
Referring Judge: Jan M. Adler
Presiding Judge: Barry Ted Moskowitz
Nature of Suit: Assault Libel & Slander
Cause of Action: 28:1441 Petition for Removal Libel,Assault,Slander
Jury Demanded By: None

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
April 12, 2010 61 NOTICE of Change of Address by Kevin Vanginderen. (Copy: Atty Maint) (mdc)
March 24, 2010 60 Abstract of Judgment by Cornell University, entered against Kevin Vanginderen in the amount of $43,161.25.. (All non-registered users served via U.S. Mail Service)(mjj)
March 24, 2010 59 PRAECIPE by Cornell University to issue an Abstract of Judgment re 57 Clerk's Judgment (All non-registered users served via U.S. Mail Service)(mjj)
March 3, 2010 58 Featured Case MANDATE of USCA affirming the decision of the USDC as to 31 Notice of Appeal filed by Kevin Vanginderen. (akr)
February 8, 2010 57 Featured Case CLERK'S JUDGMENT IT IS SO ORDERED AND ADJUDGED that the Court grants defendant Cornell University's motion for attorney's fees in the amount of $43,161.25(All non-registered users served via U.S. Mail Service)(tkl)
February 4, 2010 56 Featured Case ORDER VACATING STAY: In an order filed on 12/31/08, the Court granted defendant Cornell University's motion for attorneys fees in the amount of $43,161.25. The Court stayed enforcement of the judgment pending Plaintiffs appeal. On 2/2/10, the Ninth Circuit Court of Appeals issued a mandate affirming the judgment of this Court. Therefore, the stay is VACATED. Signed by Judge Barry Ted Moskowitz on 2/4/10.(All non-registered users served via U.S. Mail Service)(asw) (jrl).
May 20, 2009 55 Featured Case ORDER of USCA as to 31 Notice of Appeal filed by Kevin Vanginderen. Appellant's unopposed motion to consolidate Nos. 08-56020 and 09-55053 is granted. If appellant in 09-55053 has not already done so, within 14 days from the date of order, appellant shall correct the opening brief deficiency. Failure to do so may result in the automatic dismissal of the case. The remaining current briefing schedule in No. 09-55053 shall remain in effect. (akr)
March 24, 2009 54 Featured Case NOTICE of Change of Address by Kevin Vanginderen. (vet)
December 31, 2008 53 Featured Case ORDER granting in part and denying in part 38 Motion for Attorney Fees. The Court awards attorney's fees in the amount of $43,161.25. The Clerk shall enter judgment accordingly. However, the Court stays enforcement of the judgment pending the appeal of this case. Signed by Judge Barry Ted Moskowitz on 12/31/2008. (All non-registered users served via U.S. Mail Service).(leh)
August 22, 2008 52 Featured Case MINUTE ORDER submitting 38 Motion for Attorney Fees. Court to issue order. (ibf)
August 20, 2008 51 Featured Case NOTICE: Motion Hearing scheduled for 8/22/08 11:00 AM before District Judge Barry Ted Moskowitz is taken under submission. No appearances necessary. (ibf)
July 31, 2008 50 Featured Case CERTIFICATE OF SERVICE by Cornell University re 49 Reply in Further Support of Cornell's Motion for Attorneys' Fees (Davidson, Clifford) (jpp).
July 31, 2008 49 Featured Case REPLY re 38 MOTION for Attorney Fees filed by Cornell University. (Attachments: # 1 Declaration of Clifford S. Davidson in Further Support of Cornell's Motion for Attorneys' Fees)(Davidson, Clifford) (jpp).
July 28, 2008 48 Featured Case RESPONSE in Opposition re 38 MOTION for Attorney Fees filed by Kevin Vanginderen. NUNC PRO TUNC 7/24/08. (vet)
July 28, 2008 47 Featured Case Discrepancy Order by Judge Barry Ted Moskowitz accepting document: Plaintiff's Opposition to Defendant's Motion for Attorney's Fees from Plaintiff Kevin Vanginderen, non-compliance with local rule 7.1 Missing table of contents. (All non-registered users served via U.S. Mail Service).(vet)
July 21, 2008 46 Featured Case NOTICE of DUSCA Receipt of Certificate of Record re 31 Notice of Appeal filed by Kevin Vanginderen. USCA Case Number 08-56020. (asw)
July 8, 2008 45 Featured Case Costs Taxed in amount of $ 738.00 against plaintiff Kevin Vanginderen (All non-registered users served via U.S. Mail Service).(nsp)
July 3, 2008 44 Featured Case Certificate of Record transmitted to USCA re 31 Notice of Appeal (asw)
July 3, 2008 43 Featured Case Objection to Bill of Costs filed by Kevin Vanginderen. (vet)
July 3, 2008 42 Featured Case TRANSCRIPT REQUEST by Kevin Vanginderen re 31 Notice of Appeal: No Hearings Held. (asw)
July 2, 2008 41 Featured Case CERTIFICATE OF SERVICE by Cornell University re 38 MOTION for Attorney Fees, 40 Declaration, 39 Declaration (Davidson, Clifford) (vet).
July 2, 2008 40 Featured Case DECLARATION re 38 MOTION for Attorney Fees of Clifford S. Davidson by Defendant Cornell University. (Attachments: # 1 Exhibit A through C)(Davidson, Clifford) (vet).
July 2, 2008 39 Featured Case DECLARATION re 38 MOTION for Attorney Fees of Bert H. Deixler by Defendant Cornell University. (Davidson, Clifford) (vet).
July 2, 2008 38 Featured Case MOTION for Attorney Fees by Cornell University. (Attachments: # 1 Memo of Points and Authorities in Support of Cornell's Motion for Attorneys' Fees)(Davidson, Clifford) (vet).
June 24, 2008 37 Featured Case USCA Time Scheduling Order as to 31 Notice of Appeal filed by Kevin Vanginderen. (leh)
June 18, 2008 36 Featured Case CERTIFICATE OF SERVICE by Cornell University re 34 Notice (Other), 35 Declaration, 32 Bill of Costs (Davidson, Clifford) (vet).
June 18, 2008 35 Featured Case DECLARATION re 34 Notice (Other), 32 Bill of Costs of Clifford S. Davidson by Defendant Cornell University. (Davidson, Clifford) (vet).
June 18, 2008 34 Featured Case NOTICE by Cornell University to Plaintiff of Application to the Clerk to Tax Costs by Defendant Cornell University (Davidson, Clifford) (vet).
June 18, 2008 33 Featured Case NOTICE: A Bill of Costs 32 was filed by defendant Cornell University scheduling a hearing for July 8, 2008 at 10:00 am. Any opposition to this Bill of Costs is to be filed by 12:00 noon on Monday, July 7, 2008. All parties requesting to appear telephonically for this hearing are to join on a conference call then contact N. Prewitt (619) 557-6415 at the time of the hearing. (All non-registered users served via U.S. Mail Service).(nsp)
June 18, 2008 32 Featured Case BILL OF COSTS submitted by Defendant Cornell University in the amount of $ 1049. (Davidson, Clifford) (vet).
June 13, 2008 Featured Case Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 31 Notice of Appeal. (leh)
June 13, 2008 31 Featured Case NOTICE OF APPEAL as to 28 Clerk's Judgment by Kevin Vanginderen. (Filing Fee: Paid, Receipt #151924) (leh)
June 4, 2008 30 Featured Case CERTIFICATE OF SERVICE by Cornell University re 29 Notice of Ruling and Entry of Judgment (Davidson, Clifford) (mkz).
June 4, 2008 29 Featured Case NOTICE by Cornell University to Plaintiff of Ruling and Judgment (Attachments: # 1 Exhibit Exhibits A and B)(Davidson, Clifford) (mkz).
June 4, 2008 28 Featured Case CLERK'S JUDGMENT IT IS SO ORDERED AND ADJUDGED that the Complaint is dismissed with prejudice. (jpp)
June 3, 2008 27 Featured Case ORDER granting 7 Special Motion to Strike. The Complaint is dismissed with prejudice. Any motion for attorney's fee must be brought within 30 days of this order. Signed by Judge Barry Ted Moskowitz on 06/03/08. (jpp)
April 28, 2008 26 Featured Case CERTIFICATE OF SERVICE by Cornell University re 25 Notice of Related Case (Davidson, Clifford) (vet).
April 28, 2008 25 Featured Case NOTICE by Cornell University of related case(s) 08-cv-736-w-jma (Davidson, Clifford) Modified on 4/29/2008 - low-number order prepared (vet).
December 28, 2007 24 Featured Case CERTIFICATE OF SERVICE by Cornell University re 23 Notice (Other), Notice (Other) to Court of California Supreme Court Decision (Davidson, Clifford) (jpp, ).
December 27, 2007 23 Featured Case NOTICE by Cornell University to Court of California Supreme Court Decision (Attachments: # 1 Exhibit Exhibit A (California Supreme Court decision in the Hebrew Academy case))(Davidson, Clifford) Modified on 12/28/2007 - atty contacted missing proof of service (vet, ).
December 21, 2007 22 Featured Case MINUTE ORDER submitting 7 Motion to Strike (tml)
December 20, 2007 21 Featured Case RESPONSE to Defendant's Reply in further support re 7 MOTION to Strike Plaintiff's Complaint filed by Kevin Vanginderen. NUNC PRO TUNC 12/18/07. (vet)
December 20, 2007 20 Featured Case Discrepancy Order by Judge Barry Ted Moskowitz accepting document: Plaintiff's Response to Defendant's Reply from Plaintiff Kevin Vanginderen, non-compliance with local rule Other: No Provision for Surreplies in the Local Rules. Signed by Clerk of Court on 12/19/07. (vet)
December 14, 2007 19 Featured Case CERTIFICATE OF SERVICE by Cornell University re 16 Declaration, 17 Declaration, 18 Objection, 15 Reply to Response to Motion to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure (Deixler, Bert) (vet, ).
December 14, 2007 18 Featured Case OBJECTION by Cornell University re 12 Affidavit in Opposition to Motion to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure (Deixler, Bert) (vet, ).
December 14, 2007 17 Featured Case DECLARATION of Clifford S. Davidson in support re 15 Reply to Response to Motion to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure by Defendant Cornell University. (Attachments: # 1 Exhibit A)(Deixler, Bert) Modified on 12/17/2007 - edited text (vet, ).
December 14, 2007 16 Featured Case DECLARATION of Simeon F. Moss in support re 15 Reply to Response to Motion to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure by Defendant Cornell University. (Deixler, Bert) Modified on 12/17/2007 - edited text (vet, ).
December 14, 2007 15 Featured Case REPLY to Response to Motion re 7 MOTION to Strike Plaintiff's Complaint filed by Cornell University. (Deixler, Bert) (vet, ).
December 12, 2007 14 Featured Case CERTIFICATE OF SERVICE by Cornell University re 13 Notice (Other), Notice (Other) Supplemental Request for Judicial Notice (Deixler, Bert) (vet, ).
December 12, 2007 13 Featured Case NOTICE of Supplemental Request for Judicial Notice by Cornell University re 7 MOTION to Strike Plaintiff's Complaint (Attachments: # 1 Exhibit Exhibit E# 2 Exhibit Exhibit F# 3 Declaration Declaration of Nelson E. Roth in Support of Supplemental Request for Judicial Notice)(Deixler, Bert) Modified on 12/12/2007 at request of atty to add document text (mjj, )
November 21, 2007 12 Featured Case Memorandum of Points and Authorities in Opposition re 7 MOTION to Strike Plaintiff's Complaint filed by Kevin Vanginderen. (Attachments: # 1 Affidavit of Kevin Vanginderen in support of memorandum of points and authorities)(vet)
November 7, 2007 11 Featured Case CERTIFICATE OF SERVICE by Cornell University re 10 Declaration of Valerie Cross Dorn (Davidson, Clifford) Modified on 11/8/2007 - edited text (vet, ).
November 7, 2007 10 Featured Case DECLARATION of Valerie Cross Dorn in further support re 8 Notice: Request for Judicial Notice by Defendant Cornell University. (Attachments: # 1 Corrected exhibit D)(Davidson, Clifford) Modified on 11/8/2007 - edited text (vet, ).
November 2, 2007 9 Featured Case CERTIFICATE OF SERVICE by Cornell University re 7 MOTION to Strike Plaintiff's Complaint, 8 Notice (Other) (Deixler, Bert) Modified on 11/5/2007 - edited text (vet, ).
November 2, 2007 8 Featured Case NOTICE: Request for Judicial Notice in support re 7 MOTION to Strike Plaintiff's Complaint by Cornell University (Attachments: # 1 Exhibits in Support of Special Motion to Strike# 2 Declaration of Valerie Cross Dorn in Support of Request for Judicial Notice# 3 Declaration of Anne Richardson Kenney in Support of Defendant's Request for Judicial Notice)(Deixler, Bert) Modified on 11/5/2007 - edited text (vet, ).
November 2, 2007 7 Featured Case MOTION to Strike Plaintiff's Complaint by Cornell University. (Attachments: # 1 Memo of Points and Authorities Memorandum of Points and Authorities in Support of Defendant's Special Motion to Strike Plaintiff's Complaint Pursuant to Cal. Code Civ. Pro. sec. 425.16)(Deixler, Bert) (vet, ).
November 1, 2007 6 Featured Case NOTICE of Appearance by Clifford Scott Davidson on behalf of Cornell University (Davidson, Clifford) (vet, ).
November 1, 2007 5 Featured Case NOTICE of Appearance by Nelson Eugene Roth on behalf of Cornell University (Roth, Nelson) (vet, ).
October 31, 2007 4 Featured Case PRO HAC VICE APPOINTED: Charles S. Sims appearing for Defendant Cornell University (mkz)(mam).
October 30, 2007 3 Featured Case CERTIFICATE OF SERVICE by Cornell University (Davidson, Clifford) Modified on 11/1/2007 - atty not associated w/ party and signature is in incorrect format, atty contacted (vet, ).
October 29, 2007 2 Featured Case NOTICE of Party With Financial Interest by Cornell University. (vet)
October 29, 2007 1 Featured Case NOTICE OF REMOVAL as to Kevin Vanginderen from San Diego Superior Court, case number 37-2007-00076496-CU-DF-SC. ( Filing fee $ 350 Receipt number 143754), filed by Cornell University. t/w Notice of Party with Financial Interest.(pdc)(bar).

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Plaintiff: Kevin Vanginderen
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Defendant: Cornell University
Represented By: Charles S. Sims
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