Vanginderen v. Cornell University et al
Libel case based on microfilm of old newspaper article.
| Kevin Vanginderen |
| Cornell University and Bert Deixler |
| 3:2008cv00736 |
| April 28, 2008 |
| US District Court for the Southern District of California |
| Assault Libel & Slander Office |
| San Diego |
| Jan M. Adler |
| Thomas J. Whelan |
| None |
| Diversity |
| 28:1441 Petition for Removal Libel,Assault,Slander |
Docket Report
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| Document Text |
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| Filing 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) |
| Filing 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) |
| Filing 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) |
Filing 64
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).
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Filing 63
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)
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| Filing 62 NOTICE of USCA Receipt of Certificate of Record re 46 Notice of Appeal filed by Kevin Vanginderen. USCA Case Number 09-55053. (akr) |
| Filing 61 NOTICE of Change of Address by Kevin Vanginderen. (vet) |
| Filing 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). |
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Filing 59
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).
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| Filing 58 MINUTE ORDER submitting 51 Motion for Attorney Fees (tml) |
| Filing 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). |
| Filing 56 RESPONSE in Opposition re 51 MOTION for Attorney Fees filed by Kevin Vanginderen. (vet) |
| Filing 55 Certificate of Record transmitted to USCA re 46 Notice of Appeal. (akr) |
| Filing 54 TRANSCRIPT REQUEST by Kevin Vanginderen: No Transcripts Designated re 46 Notice of Appeal. (akr) |
| Filing 53 Costs Taxed in amount of $464.15 against Kevin Vanginderen (All non-registered users served via U.S. Mail Service).(nsp) |
| Filing 52 NOTICE: Plaintiff's Opposition to 49 Defendants Bill of Costs by Kevin Vanginderen. (vet) |
| Filing 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). |
| Filing 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) |
| Filing 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). |
| Filing 48 USCA Time Scheduling Order as to 46 Notice of Appeal filed by Kevin Vanginderen. (akr) |
| Filing 47 USCA Case Number 09-55053 for 46 Notice of Appeal filed by Kevin Vanginderen. (akr) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 46 Notice of Appeal. (akr) |
| Filing 46 NOTICE OF APPEAL as to 45 Clerk's Judgment by Kevin Vanginderen. (Filing Fee: Paid, Receipt No. 158851). (akr) |
| Filing 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) |
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Filing 44
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)
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| Filing 43 MINUTE ORDER submitting 32 Motion to Strike. Court to issue order. (ibf) |
| Filing 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) |
| Filing 41 CERTIFICATE OF SERVICE by Cornell University, Bert Deixler re 40 Objection, 39 Reply to Response to Motion,, (Davidson, Clifford) (vet). |
| Filing 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). |
| Filing 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). |
| Filing 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) |
| Filing 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) |
| Filing 36 OBJECTION to all of Defendants' Submitted Proposed Exhibits by Kevin Vanginderen. (vet) |
| Filing 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). |
| Filing 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). |
| Filing 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). |
| Filing 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). |
| Filing 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). |
| Filing 30 CERTIFICATE OF SERVICE by Cornell University, Bert Deixler re 27 Declaration, 29 Objection, 26 Reply, 28 Declaration, (Davidson, Clifford) (vet). |
| Filing 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). |
| Filing 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). |
| Filing 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). |
| Filing 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). |
| Filing 25 FIRST AMENDED COMPLAINT against Cornell University, Bert Deixler, filed by Kevin Vanginderen.(jpp) |
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Filing 24
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)
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| Filing 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) |
| Filing 22 OBJECTION to All of Defendants' Submitted Proposed Exhibits by Kevin Vanginderen. (vet) |
| Filing 21 MOTION to Amend Complaints by Kevin Vanginderen. (vet) |
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Filing 20
ORDER RE: Plaintiff's Response to Removal. Signed by Judge Barry Ted Moskowitz on 5/12/08. (vet)
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| Filing 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) |
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Filing 18
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)
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| Filing 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). |
| Filing 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). |
| Filing 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). |
| Filing 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). |
| Filing 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). |
| Filing 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). |
| Filing 11 NOTICE of Appearance by Lary Alan Rappaport on behalf of Bert Deixler (Rappaport, Lary) (aje). |
| Filing 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). |
| Filing 9 NOTICE of Appearance by Nelson E. Roth on behalf of Cornell University (Roth, Nelson)(aje). |
| Filing 8 CERTIFICATE OF SERVICE by Cornell University re Notice to State Court of Removal and Notice to Adverse Party of Removal (Davidson, Clifford) |
| Filing 7 NOTICE of Appearance by Clifford Scott Davidson on behalf of Cornell University, Bert Deixler (Davidson, Clifford) |
| Filing 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) |
| Filing 5 NOTICE of Party With Financial Interest by Cornell University re 1 Notice of Removal. (cap) |
| Filing 4 NOTICE of Joinder by Bert Deixler re 1 Notice of Removal. (cap) |
| Filing 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). |
| Filing 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). |
| Filing 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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