Vanginderen v. Cornell University et al Featured Case

Libel case based on microfilm of old newspaper article.

Plaintiff: Kevin Vanginderen
Defendant: Cornell University and Bert Deixler
Case Number: 3:2008cv00736
Filed: April 28, 2008
Court: California Southern District Court
Office: Assault Libel & Slander Office
County: San Diego
Referring Judge: Jan M. Adler
Presiding Judge: Thomas J. Whelan
Nature of Suit: None
Cause of Action: Diversity
Jury Demanded By: 28:1441 Petition for Removal Libel,Assault,Slander

Docket Report

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

Date Filed#Document Text
March 24, 2010 67 Abstract of Judgment by Cornell University, Bert Deixler, entered against Kevin Vanginderen in the amount of $26,862.50. (All non-registered users served via U.S. Mail Service)(mjj)
March 24, 2010 66 PRAECIPE by Cornell University, Bert Deixler to issued an Abstract of Judgment re 65 Clerk's Judgment (All non-registered users served via U.S. Mail Service)(mjj)
February 8, 2010 65 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 $26,862.50(All non-registered users served via U.S. Mail Service)(tkl)
February 4, 2010 64 Featured Case ORDER VACATING STAY: In an order filed on 3/16/09, the Court granted defendant Cornell University's motion for attorneys fees in the amount of $26,862.50. 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. 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 63 Featured Case ORDER of USCA as to 46 Notice of Appeal filed by Kevin Vanginderen. Appellant's unopposed motion to consolidate Nos. 08-56020 and 09-55053 is granted. If appellant in No. 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 25, 2009 62 NOTICE of USCA Receipt of Certificate of Record re 46 Notice of Appeal filed by Kevin Vanginderen. USCA Case Number 09-55053. (akr)
March 24, 2009 61 NOTICE of Change of Address by Kevin Vanginderen. (vet)
March 16, 2009 60 CLERK'S JUDGMENT IT IS SO ORDERED AND ADJUDGED that judgment is in favor of Cornell University against Kevin Vanginderen. (All non-registered users served via U.S. Mail Service).(vet) (jrl).
March 16, 2009 59 Featured Case ORDER Granting In Part and Denying In Part 51 Motion for Attorney's Fees. The Court awards Cornell attorney's fees in the amount of $26,862.50. 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 3/16/09. (All non-registered users served via U.S. Mail Service).(vet) (jrl).
March 13, 2009 58 MINUTE ORDER submitting 51 Motion for Attorney Fees (tml)
February 9, 2009 57 REPLY to Response to Motion re 51 MOTION for Attorney Fees (with Certificate of Service) filed by Cornell University, Bert Deixler. (Roth, Nelson) Modified on 2/10/2009 - Atty e-mailed re s/signature (vet).
February 5, 2009 56 RESPONSE in Opposition re 51 MOTION for Attorney Fees filed by Kevin Vanginderen. (vet)
February 5, 2009 55 Certificate of Record transmitted to USCA re 46 Notice of Appeal. (akr)
February 5, 2009 54 TRANSCRIPT REQUEST by Kevin Vanginderen: No Transcripts Designated re 46 Notice of Appeal. (akr)
February 3, 2009 53 Costs Taxed in amount of $464.15 against Kevin Vanginderen (All non-registered users served via U.S. Mail Service).(nsp)
January 27, 2009 52 NOTICE: Plaintiff's Opposition to 49 Defendants Bill of Costs by Kevin Vanginderen. (vet)
January 20, 2009 51 MOTION for Attorney Fees by Cornell University. (Attachments: # 1 Memo of Points and Authorities in support of Cornell's Motion for Attorneys' Fees, # 2 Declaration of Bert Deixler in Support of Cornell's Motion for Attorneys' Fees, # 3 Declaration of Clifford S. Davidson in Support of Cornell's Motion for Attorneys' Fees, # 4 Exhibit A through C to Davidson Declaration in Support of Cornell's Motion for Attorneys' Fees, # 5 Proof of Service)(Davidson, Clifford) (vet).
January 15, 2009 50 NOTICE: A Bill of Costs 49 was filed by defendants Cornell University and Bert Deixler scheduling a hearing for February 3, 2009 at 10:00 am. Any opposition to this Bill of Costs is to be filed by close of business on January 30, 2009. All parties requesting to appear telephonically for this hearing are directed 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)
January 15, 2009 49 BILL OF COSTS submitted by Defendants Cornell University, Bert Deixler in the amount of $ 749. (Attachments: # 1 Notice to Plaintiff of Joint Application to the Clerk to Tax Costs by Defendants Cornell University and Bert Deixler, # 2 Declaration of Clifford S. Davidson in Support of Joint Application to the Clerk to Tax Costs by Defendants Cornell University and Bert Deixler, # 3 Proof of Service)(Davidson, Clifford) (vet).
January 14, 2009 48 USCA Time Scheduling Order as to 46 Notice of Appeal filed by Kevin Vanginderen. (akr)
January 14, 2009 47 USCA Case Number 09-55053 for 46 Notice of Appeal filed by Kevin Vanginderen. (akr)
January 12, 2009 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 46 Notice of Appeal. (akr)
January 9, 2009 46 NOTICE OF APPEAL as to 45 Clerk's Judgment by Kevin Vanginderen. (Filing Fee: Paid, Receipt No. 158851). (akr)
January 6, 2009 45 CLERK'S JUDGMENT IT IS SO ORDERED AND ADJUDGED that judgment is in favor of Cornell University, Bert Deixler against Kevin Vanginderen. (All non-registered users served via U.S. Mail Service).(vet)
January 6, 2009 44 Featured Case ORDER Granting Defandants' Special Motions to Strike. This action is dismissed with prejudice. Any motion for attorney's fees must be brought within 30 days of this order. Signed by Judge Barry Ted Moskowitz on 1/6/09. (All non-registered users served via U.S. Mail Service).(vet)
August 22, 2008 43 MINUTE ORDER submitting 32 Motion to Strike. Court to issue order. (ibf)
August 20, 2008 42 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)
August 12, 2008 41 CERTIFICATE OF SERVICE by Cornell University, Bert Deixler re 40 Objection, 39 Reply to Response to Motion,, (Davidson, Clifford) (vet).
August 12, 2008 40 OBJECTION by Cornell University, Bert Deixler to Affidavit of Plaintiff Kevin Vanginderen in Support of Plaintiff's Memorandum of Points and Authorities in Opposition of Defendants' Special Motions to Strike Plaintiff's First Amended Complaint. (Davidson, Clifford) Modified on 8/15/2008 - clarify text (vet).
August 12, 2008 39 REPLY to Response to Motion re 31 and 32 MOTION to Strike 25 Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure by Cornell University, Bert Deixler. (Davidson, Clifford) Modified on 8/15/2008 - clarify text (vet).
August 8, 2008 38 Plaintiff's Memorandum of Points and Authorities in Opposition of Defendants' Special Motions to Strike Plaintiff's First Amended Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure filed by Kevin Vanginderen. NUNC PRO TUNC 8/5/08. (vet)
August 8, 2008 37 Discrepancy Order by Judge Barry Ted Moskowitz accepting document: Memo of P and A in Opposition to Defts' Motion from Plaintiff Kevin Vanginderen, non-compliance with local rule 7.1 or 47.1. (All non-registered users served via U.S. Mail Service).(vet)
August 5, 2008 36 OBJECTION to all of Defendants' Submitted Proposed Exhibits by Kevin Vanginderen. (vet)
June 30, 2008 35 CERTIFICATE OF SERVICE by Cornell University, Bert Deixler re 31 MOTION to Strike 25 Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure, 32 MOTION to Strike 25 Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure, 33 Declaration and 34 Declaration (Davidson, Clifford) Modified on 7/1/2008 - clarify text (vet).
June 30, 2008 34 DECLARATION of Clifford S. Davidson in Support re 32 MOTION to Strike 25 Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure and 31 MOTION to Strike 25 Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure by Defendants Cornell University, Bert Deixler. (Attachments: # 1 Exhibit A through C)(Davidson, Clifford) Modified on 7/1/2008 - clarify text (vet).
June 30, 2008 33 DECLARATION of Timothy Stanley in Support re 32 MOTION to Strike 25 Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure and 31 MOTION to Strike 25 Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure by Defendants Cornell University, Bert Deixler. (Attachments: # 1 Exhibit A)(Davidson, Clifford) Modified on 7/1/2008 - clarify text (vet).
June 30, 2008 32 MOTION to Strike 25 Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure by Bert Deixler. (Attachments: # 1 Memo of Points and Authorities in support of Bert Deixler's Special Motion to Strike Plaintiff's First Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure)(Davidson, Clifford) (vet).
June 30, 2008 31 MOTION to Strike 25 Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure by Cornell University (Attachments: # 1 Memo of Points and Authorities in support of Cornell's Special Motion to Strike Plaintiff's First Amended Complaint pursuant to Section 425.16 of the California Code of Civil Procedure)(Davidson, Clifford) Modified on 6/30/2008 edit text for counsel(joeh).
June 26, 2008 30 CERTIFICATE OF SERVICE by Cornell University, Bert Deixler re 27 Declaration, 29 Objection, 26 Reply, 28 Declaration, (Davidson, Clifford) (vet).
June 26, 2008 29 OBJECTION by Cornell University, Bert Deixler re 23 Response in Opposition to Motion, to Affidavit of Plaintiff Kevin Vanginderen in Support of Plaintiff's Opposition (Davidson, Clifford) (vet).
June 26, 2008 28 DECLARATION re 26 Reply, of Timothy Stanley in Further Support of Defendants' Special Motions to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure by Defendants Cornell University, Bert Deixler. (Davidson, Clifford) (vet).
June 26, 2008 27 DECLARATION re 26 Reply, of Clifford S. Davidson in Further Support of Defendants' Special Motions to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure by Defendants Cornell University, Bert Deixler. (Attachments: # 1 Exhibit A and B)(Davidson, Clifford) (vet).
June 26, 2008 26 REPLY re 13 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure, 14 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure filed by Cornell University, Bert Deixler. (Davidson, Clifford) (vet).
June 13, 2008 25 FIRST AMENDED COMPLAINT against Cornell University, Bert Deixler, filed by Kevin Vanginderen.(jpp)
June 5, 2008 24 Featured Case ORDER Granting Request 21 for Leave to Amend Complaint. Plaintiff shall file his First Amended Complaint within 10 days of the entry of this order. Signed by Judge Barry Ted Moskowitz on 6/5/08. (vet)
June 4, 2008 23 RESPONSE in Opposition re 13 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure, 14 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure filed by Kevin Vanginderen. (vet)
June 4, 2008 22 OBJECTION to All of Defendants' Submitted Proposed Exhibits by Kevin Vanginderen. (vet)
June 4, 2008 21 MOTION to Amend Complaints by Kevin Vanginderen. (vet)
May 12, 2008 20 Featured Case ORDER RE: Plaintiff's Response to Removal. Signed by Judge Barry Ted Moskowitz on 5/12/08. (vet)
May 8, 2008 19 NOTICE: Plaintiff's Response to Defendant's Notice of Removal From the Superior Court of the State of California for the County of San Diego by Kevin Vanginderen. (vet)
May 5, 2008 18 Featured Case ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Barry Ted Moskowitz for all further proceedings. Judge Thomas J. Whelan no longer assigned to case. New Case number 08cv0736-BTM(JMA). Signed by Judge Barry Ted Moskowitz on 5/1/08. Signed by Thomas J. Whelan on 5/2/08. (vet)
May 5, 2008 17 CERTIFICATE OF SERVICE by Cornell University, Bert Deixler re 16 Declaration, 13 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure, 15 Declaration, 14 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure (Davidson, Clifford) (aje).
May 5, 2008 16 DECLARATION re 13 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure, 14 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure by Defendants Cornell University, Bert Deixler. (Attachments: # 1 Exhibit A)(Davidson, Clifford) (aje).
May 5, 2008 15 DECLARATION re 13 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure, 14 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure by Defendants Cornell University, Bert Deixler. (Attachments: # 1 Exhibit Exhibits A through G)(Davidson, Clifford) (aje).
May 5, 2008 14 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure by Bert Deixler. (Attachments: # 1 Memo of Points and Authorities in Support of Deixler's Special Motion to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure)(Davidson, Clifford) Modified on 5/6/2008 incorrect courtroom number listed on pleading (aje).
May 5, 2008 13 MOTION to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure by Cornell University. (Attachments: # 1 Memo of Points and Authorities in Support of Cornell's Special Motion to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure)(Davidson, Clifford) Modified on 5/6/2008, incorrect courtroom listed on pleading (aje).
April 30, 2008 12 CERTIFICATE OF SERVICE by Bert Deixler re 11 Notice of Appearance of Lary Alan Rappaport on behalf of defendant Bert Deixler (Rappaport, Lary) (aje).
April 30, 2008 11 NOTICE of Appearance by Lary Alan Rappaport on behalf of Bert Deixler (Rappaport, Lary) (aje).
April 29, 2008 10 CERTIFICATE OF SERVICE by Cornell University, Bert Deixler re 7 Notice of Appearance of Clifford S. Davidson on behalf of defendants Cornell University and Bert Deixler (Davidson, Clifford) (aje).
April 29, 2008 9 NOTICE of Appearance by Nelson E. Roth on behalf of Cornell University (Roth, Nelson)(aje).
April 29, 2008 8 CERTIFICATE OF SERVICE by Cornell University re Notice to State Court of Removal and Notice to Adverse Party of Removal (Davidson, Clifford)
April 29, 2008 7 NOTICE of Appearance by Clifford Scott Davidson on behalf of Cornell University, Bert Deixler (Davidson, Clifford)
April 28, 2008 6 CERTIFICATE OF SERVICE re 2 Notice of Related Case, 5 Notice of Party With Financial Interest, 4 Notice of Joinder, 1 Notice of Removal, 3 Declaration. (cap)
April 28, 2008 5 NOTICE of Party With Financial Interest by Cornell University re 1 Notice of Removal. (cap)
April 28, 2008 4 NOTICE of Joinder by Bert Deixler re 1 Notice of Removal. (cap)
April 28, 2008 3 DECLARATION of Clifford S. Davidson in Support of Notice of Removal 1 by Defendant Cornell University. (cap) Modified on 4/29/2008 to add document link (cap).
April 28, 2008 2 NOTICE by Cornell University of related case(s) 07cv2045 re 1 Notice of Removal. (cap) Modified on 4/29/2008 - low-number order prepared (vet).
April 28, 2008 1 NOTICE OF REMOVAL filed by Cornell University from Superior Court, San Diego CA, case number 37-2008-00069807-CU-DF-SC. ( Filing fee $ 350 Receipt number 150236), as to Kevin Vanginderen. (cap)(kaj).

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Plaintiff: Kevin Vanginderen
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Defendant: Cornell University
Represented By: Bert H Deixler
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